Loading...
HomeMy WebLinkAbout2009-178 ITT C (OPY LEASE AGREEMENT BETWEEN CUMBERLAND FARMS , INC . AND INDIAN RIVER COUNTY THIS LEASE AGREEMENT (the "Agreement" ) is entered into by and between Cumberland Farms , Inc . , a Delaware corporation ("Tenant" ) , 777 Dedham Street , Canton , MA 02021 , and Indian River County , a political subdivision of the State of Florida , 1801 27th Street , Vero Beach , FL 32960 , (the " County" ) as of the date set forth below as the effective date (the " Effective Date " ) . BACKGROUND FACTS WHEREAS , the Board of County Commissioners has acquired through the power of eminent domain the real property located at 2614 9th Street SW , Vero Beach , Florida , ( the " Premises " and " Cumberland Farms " ) the sketch and legal description for which are attached as Exhibit " A" and incorporated by reference herein ; and WHEREAS , Tenant owns and operates a service station and convenience store on the property ( "the Business " ) ; and WHEREAS , as part of the negotiations in the eminent domain lawsuit styled Indian River County v . Cumberland Farms , Case No . 312009CA010762 , Parcels No . 45A and 45B , the County offered to lease the premises back to Tenant following the transfer of title to the premise to the County pursuant to the Order of Taking and subsequent good faith deposit into the Registry of the Circuit Court ; and WHEREAS , Tenant is desirous of entering into this Lease Agreement and has represented to County that they have the competency and experience to perform the services set forth in this agreement ; and WHEREAS , the County is now the owner of 2614 9th Street SW , Vero Beach , Florida 32962 and Tenant desires to continue operating its business until ; and WHEREAS , it is the County ' s intent lease to Tenant for a period commencing on the date on which the County took title to the premises pursuant to the Order of Taking and subsequent good faith deposit into the Registry of the Circuit Court and terminating on ; and WHEREAS , Tenant and the County ' s contact information regarding this Agreement is : FOR COUNTY : FOR TENANT : Indian River County c/o Tom Frame , Director General Services 1801 27th Street Vero Beach , Florida 32967 1 NOW THEREFORE , in consideration of the mutual benefits to be derived from this agreement and other valuable consideration , the receipt and sufficiency of which is hereby acknowledged , the parties , intending to be legally bound agree as follows : SECTION I as LEASE Background Facts . The Background Facts are agreed to be true and correct and are incorporated herein by this reference . 1 . Property and Term of Lease . The County leases to Tenant and Tenant leases from County , the property located at 2614 9th Street SW , Vero Beach , Florida 32962 , currently known as Cumberland Farms consisting of approximately 1 . 1 acres , as more particularly described on Exhibit " A " attached hereto and incorporated by reference herein . The term of the lease shall commence on the date on which the County took title to the premises pursuant to the Order of Taking and subsequent good faith deposit into the Registry of the Circuit Court (the " effective date " ) and shall terminate on The rent shall be paid at the rate of Dollars ( $ . 00 ) per month payable in advance on the first day of each month . 2 . Length of Lease . The Lease shall be for an original fixed term subject to early termination pursuant to its terms . Extension of the lease shall be at the sole pleasure of the Board of County Commissioners . 3 . Use of Leased Premises . During the term of this Agreement , Tenant shall use the leased premises for operation of a service station and convenience store and for no other purpose . Tenant shall not use the premises , or any part thereof, or permit the same to be used for any illegal , immoral , or improper purposes ; nor make , or permit to be made , any disturbance , noise , or annoyance whatsoever detrimental to the premises or the comfort and peace of the inhabitants of the vicinity of the premises . Violation of this term of the lease shall be grounds for immediate cessation of the operation of the business and eviction from the premises . 4 . Utilities and Equipment. Tenant shall pay all utilities including garbage removal . Tenant shall be responsible for all maintenance and repair of any equipment or fixtures in or on the Premises . 5 . Assignment and Subletting . Tenant shall not assign the lease or the leasehold estate granted to them under the lease to any other person , firm or entity . Any attempted assignment of the lease or the leasehold estate granted under the lease shall be void and may , at the sole option of the County , be deemed an event of default under the lease . 6 . Prohibition on Encumbrances . Tenant shall not mortgage , pledge , or encumber the lease , in whole or in part , or the leasehold estate granted under the lease , to any other person , firm or entity . Any attempt to do so shall be void and may , at the sole option of the County , be deemed an event of default under the lease . This covenant shall be binding on Tenant ' s successors in interest . 2 7 . Employees Hired by Tenant. All Tenant' s employees shall be considered to be at all times its sole employees and not employees or agents of Indian River County . 8 . Complaints Concerning Operations . The County or its representative may submit a written report to Tenant enumerating problem areas encountered . Tenant will provide written documentation of action to be taken to resolve problems . 9 . Termination . This agreement may be terminated by either party upon thirty ( 30 ) days advance written notice . The County reserves the right to terminate this agreement at any time , upon five ( 5 ) days advance written notice to the Tenant if any term of this lease is breached or if Tenant is notified of problems with operation of the premises and Tenant has not cured the deficiencies . 10 . Bankruptcy . If Tenant is adjudged bankrupt , either voluntary or involuntary , the County may terminate this Agreement effective on the day and time the bankruptcy petition is filed . SECTION II = OPERATION OF BUSINESS 1 . Conduct of Business . Tenant shall conduct its business in strict accordance with the laws of the State of Florida and all local ordinances . Violation of this part of the Agreement shall be cause for immediate termination of this Lease Agreement and immediate cessation of the operation of the business . A . Tenant will be required to pay all taxes and timely remit any reports or paperwork associated with the business 2 . Hours of Operation . Tenant shall abide by all laws and ordinances regarding the hours of operations for the business . 3 . Improvements . Tenant agrees that all improvements and any changes made to the facility shall be at their sole expense and must have the prior approval of the County or its representative . Further , the forgoing approval shall not be deemed to be the approval of the County Building Department or any other regulatory arm of the County . 4 . Occupational and Other Taxes . Tenant shall pay all taxes which shall be imposed or assessed by any and all governmental authorities in connection with the business or operation conducted under this agreement . 5 . Compliance with Laws . Tenant shall meet all federal , state , county and municipal laws , ordinances , policies , and rules applicable to the operation of the business . 6 . Public Relations . Tenant shall maintain good public relations with users of the facility and cooperate with Indian River County officials in all matters pertaining to the area . 7 . Garbage and Disposal . Tenant shall comply with the standards of franchise garbage and disposal collection specifications . 3 8 . Personal Property . Any and all personal property placed on the premises by the Tenant or its employees shall be at their own risk and the County shall not be liable for any damage or loss to said personal property for any cause whatsoever . SECTION III = INSURANCE 1 . Indemnification and Insurance . Tenant shall not operate the business until they have obtained all the insurance required under this section , and until such insurance has been approved by the County . Tenant will purchase and maintain such insurance as follows : A . Workers ' Compensation Insurance : Tenant shall procure and maintain workers ' compensation insurance to the extent required by law for all employees to be engaged in work under this agreement . In case any employees are to be engaged in hazardous work under this contract and are not protected under the workers ' compensation statute , the Tenant shall provide adequate coverage for the protection of such employees . B . Public Liability Insurance : Tenant shall procure and shall maintain broad form commercial general liability insurance ( including contractual coverage ) and commercial automobile liability insurance in amounts not less than shown below . The County shall be an additional named insured on this policy with respect to all claims arising out of the operations or work to be performed . C . Commercial General Liability $ 500 , 000 combined single limit for bodily ( other than automobile ) injury and property damage , or current limits of liability , whichever is greater i ) Premises/Operations ii ) Products/Completed Operations iii ) Personal Injury iv ) Contractual Liability D . Business Auto Liability $ 500 , 000 combined single limit for bodily injury and property damage , or current i ) Owned/Leased Automobiles limits of liability , whichever is greater ii ) Non - Owned Automobiles iii) Hired Automobiles E . Storage Tank Liability Insurance coverage in the amount of $ 1 , 000 , 000 , or current limits of liability , whichever is greater , shall be maintained on the leased premises throughout the term of this lease . The County shall be named as an additional insured on this policy . 2 . Proof of Insurance : Tenant shall furnish the County a certificate of insurance in a form acceptable to the County for the insurance required . Such certificate or an endorsement provided by Tenant must state that the County will be given thirty ( 30 ) days written notice prior to cancellation or material change in coverage . Copies of an endorsement naming County as Additional Insured must accompany the Certificate of Insurance . 4 3 . General Requirements of Insurance . Any deductibles or self insured retentions greater than $ 5 , 000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to Tenant . Tenant' s insurance coverage shall be primary . All above insurance policies shall be placed with insurers with a Best' s rating of no less that A + VII . The insurer chosen shall also be licensed to do business in Florida . The insurance policies procured shall be per occurrence policies or as generally available on the open insurance market . The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River County Risk Management Department upon execution of this Contract . The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 days written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate said policies of insurance . 4 . Indemnification . The Tenant shall indemnify , defend , save , and hold harmless the County , its agents , officers , and employees , from any losses , fines , penalties , costs , damages , claims , demands , suits , and liabilities of any nature , including attorney ' s fees , ( including regulatory and appellate fees ) , arising out of or because of any acts , action , neglect , or omission by the Tenant , or due to any accident , happening , or occurrence on the property or arising in any manner from the exercise or attempted exercise of the Tenant' s rights hereunder whether the same regards person or property of any nature whatsoever , regardless of the apportionment of negligence , unless due to the sole negligence of the County . The Tenant' s obligation to indemnify , defend and pay for the defense or at the County ' s option , to participate , and to associate with the County in the defense and trial of any claim and any related settlement negotiations , shall be triggered by the County ' s notice of claim for indemnification to the Tenant . The Tenant' s inability to evaluate liability or its evaluation of liability shall not excuse the Tenant' s duty to defend and indemnify within seven days after such notice by the County is given by registered mail . Only an adjudication or judgment after the highest appeal is exhausted specifically finding the County solely negligent shall excuse performance of this provision by the Tenant . The Tenant shall pay all costs and fees related to this obligation and its enforcement by the County . The County ' s failure to notify the Tenant of a claim shall not release the Tenant of the above duty to defend . 5 . Notice of Claims . County and Tenant shall give prompt notice to the other of any third party claims made against either or both of them , and shall cooperate fully with each other and with any insurance carrier to the end that all such claims will be properly investigated , defended and adjusted . 6 . Failure to Maintain Insurance . Failure to maintain such insurance will be deemed as a cause for termination of this agreement . 5 SECTION IV - COUNTY RESPONSIBILITIES 1 . Obligations to Provide Facilities . County leases the premises in " as is condition . Tenant shall be responsible for all repairs and maintenance to the leased premises and properties . Tenant has inspected the premises and facilities and agrees that they are adequate facilities and the facilities adhere to current federal and state safety standards . SECTION V - DEFAULT , REMEDIES 1 . Default by Tenant . In the event Tenant is in default under the terms of this Agreement , after three ( 3 ) days written notice and opportunity to cure , County may , in addition to any right of termination provided in this Agreement , maintain an action for damages arising from the default . 2 . Default by County . In the event that County is in default under the terms of this Agreement after any grace period or notice and cure period expressly provided herein , Tenant may , in addition to any right of termination contained in this Agreement , exercise any right or remedy available at law or equity including , without limitation , an action for damages arising out of the breach . SECTION VI - MISCELLANEOUS 1 . In connection with this Agreement , the parties agree to cooperate in good faith and to perform no act , or allow any omission , which would inhibit the other party from performing its obligations under this Agreement . 2 . This Agreement , together with the Exhibits , constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications . This Agreement shall not be modified except by a written agreement dated subsequent to the date of this Agreement and signed on behalf of County and Tenant by their respective duly authorized representatives . 3 . Any notice which either party is required or may desire to give to the other under this Agreement shall be in writing and shall be given by registered or certified mail , return receipt requested , postage prepaid , addressed to the party at its address shown on the First Page of this Agreement . If County or Tenant wishes to change its respective address for purposes of notice under this Agreement , they may do so by giving to the other written notice of change of address . 4 . Nothing in this Agreement shall be construed to create a partnership , a joint venture or agency relationship between the parties . Neither party shall have any authority to enter into agreements on behalf of the other , or otherwise to bind or obligate the other in any manner . The language of this Agreement shall not be construed more strongly against either party , regardless of which party is responsible for its drafting . 6 5 . No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior , concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party . 6 . The parties agree that any litigation arising from this Agreement shall be brought in Indian River County Florida . 7 . In the event of acts or occurrences beyond the control of Tenant , including , without limitation , acts of God , fire , flood , and hurricanes , that damages the premises to the extent that it prevents Tenant from safely operating the business , then this Lease shall be deemed terminated and the County has the right to take possession of the premises and exclude Tenant from the premises . 8 . Tenant shall be responsible for obtaining , and shall pay for , any such required permits , fees , and licenses . 9 . It is agreed by the parties that , at all times and for all purposes within the scope of this Agreement , the relationship of Tenant to the County is that of a commercial leasing tenant , and not that of employee . M If any of the provisions contained in this Agreement are held for any reason to be invalid , illegal , or unenforceable in any respect , such invalid , illegal , or unenforceable provision shall not affect any other provision , and this Agreement shall be construed as if such invalid , illegal , or unenforceable provision had never been contained herein . 7 In witness , the County and Tenant have caused these presents to be executed in their names the year first written above . BOARD OF COUNTY COMMISSIONERS AS TO TENANT : INDIAN RIVER COUNTY , FLORIDA 131 - , Wesley S . Dais Chairman Cumberland Farms , Inc . Board of County Commissioners Approved by the SCC : June 16 , 2009 WITNESS : ATTEST : J . K . Barton , Clerk of Court 1V11CxVon, , WITNESS : `T 1 - BY : . d• '(, �� , P Darcy R . Vas as Deputy Clerk of Court Nee NEI County Administrator Approved as to form and legal sufficiency William K . DeBraal Assistant County Attorney 8 = - - - - - - - - - - - - - - - NAN 0 Tab" NbNJ GROINDC SCAU ORB V66/PG 1257 50 25 U Aq — W b mw c 74 ' zi — — — — — ui — J �T S89'56 ' 15 'E I 1 ( a d 6 ° inch 60= n W 28, 28 r� 0 Z ell } 510'57' 10 'E z 0 I BRADFORD PLACE - J t2. 24' 30' NON —EXCLUSIVE RIGHT OF1 W F: S007i ' 26 ' W TRACT 13 WAY OF INGRESS AND EGRESS I I PLAT BOOK 21, PAGE 280 LA Q Z INDIAN RIVER FARMS COMPANY ORB 5121 PAGE 600 LL Q z a Syr ��,, PLAT BOOK 2 PAGE 25 0 LL. o Q ' h � W I �T7. Y� 0 20' UTILITY EASEMENT U 0o W I ORB 8660 PAGE 1797 t All W a o N F — S89856 ' 1 50E 256 . 48 ' Y U` qql Q I - - - - -_ � � � Q n � o - - - Q N ° 0 5' EASEMENT FOR — — — Q Z + 0 W I RIGHT of WAY PURPOSES 26. 607 C S 0 qbbbb Q .4 ORB 12161 PACE 236 w 3 � �.+ 0 . 607 ACRES Z , 0 Alow [ 5 7 rn - 55 ' 55' ROAD RIGHT OF WAY Z -QANN v < I0 Oa ORB iBt6, PAGE 1493 G pi r eD ORB 512 / PG 600 x Fl SIMP,c_ RIGHT OF WAY ORB 695 w �j DD /PG 564 o COto L W ORB 1203, PAGE 2285 tiirT P• 0. D . Z t3o' UP ° j,�{ — 25 ' 25' ROAD RIGHT OF WAY k E Jl — — _—_ — — ORB 1251 , PAGE 2033 0 Y c Pa 00 Cm d W N89 '56 ' 15 ' W NORTHERLY RIGHT OF WAY UNE a SIXTH COINER v C 27s . 5t ' COUNTY ROAD 608 V C SECT)0N 2J, TOWNSHIP 1 50 50' ROAD FIGHT OF WAY ^ ? OSLO ROAD a = � a STOUTH, RANGE 39 0 ORB 136, PAGE 32 50' 50' ROAD RICFIi OF WAY E - 9 ^ 22 23 0 9th STREET SW ORB 109, PAGE 606 = N ` � � , € � a 60.25' BASS OF BEARINGS I SOUTH UNE SECTION 23, TOWNSHp 33 SOUTH, RANGE 39 EAST Y � 6 : 6 27 26 S893fi'15-E — ` . : 4 30 ' n . Jb _ - 8 G o, N L I CANAL R� �' ,o' - - — — � aaoi6.d hrrn A� mdor alar my p,ar,r<,m a^a eaf no tqd daiNm and Ye(di meats Me mnmm lecnnlcd iimll mot " n L 60 ' 53 ' _ — hr}h 6r the fleeda 6bard of Pmimw,d Cmd Svn+/ot n Oaplr - - 61CV-6. Ronda Acrnenshc6a Coat. jpv mN to 5xfm 171017• ❑ 0 Banda 5fofafa. And that Phil OMwnq ac a t, and u.aie 5 "*,ree Jan Mr th°a balll cl Jaadddq. and D sant Su6,.cTjt0 Ci" " V a 1 u u CC DfWCTCR, PMo. 5of 517 l y m W Rfv5u FARM cG1vl1(7/RA nov ANO If CAL DCSCII?Jpnueq - q_)p_ 06 I ' � b J �� o e bar r,n f♦+f fEF PAR6[1 II/4/06 r NOT vAUO NIlNWi TAC 9(WAlURC ANO ME OFiONAL k.S!D SCAT Ib 6 4 �r .. _ _ r MC 11 CRR)A UQ71SfD SUPKttl7 AND uIPP!R ABO N 0 .. .+....j n ..w. iw. n n. ,r u,.,�, _ H u.m r—e. ice..., M r � .dr r e -- r... w. r Aon. ...,. m+ .e ►+. . v n ice,,,,,., woyl rrc lnod Aq wodb 6 pOG2 '10 ^aN " '°" V111,010" "' S"()a 6w sr —MoeV3n6ns\oaf UN. i Hd UY08 0)50\0J , 3ANw hYlaNl\ s �� u eNN- > - j I I . I . . LEGAL DESCRIPTIONCI re io BY SURVEYOR ALL THAT CERTAIN PIECE , PARCEL OR TRACT OF TRACT 13 , SECTION 23 , TOWNSHIP 33 SOUTH , RANGED 5 ITUATE , LAST GENERAL PLAT OF LYING AND BEING IN A PORTION TH CLERK OF I"HE CIRCUIT COURDTSOFFSTH LUCIDEIgCOUNTY, F EAST, AS THE SAME IS DESIGNATED ON THE NG IN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE LANDS OF YING ANDDESCR BED COURT OFFICIALAN RIVER RECORDS BOOK 51 2L RADAAGE 600 AND O FLORIDA , IN PLAT BOOK EI PAGE 25 , SAID LANDS 564 OF THE PUBLIC RECORDS OF SAID INDIAN RIVER , SAID LANDS ALSO BEING A PORTION OF T1IE DESCRIBED AS FOLLOWS , TO WIT ; OFFICIAL RECORDS BOOK 695 , PAGE COUNTY. SAID LANDS BEING MORE PARTICULARLY COMMENCING FOR REFERENCE AT THE SOUTHWEST CORNER THENCE , BEARING SOUTH 89 '56 ' 15 " EAST, OF SAID SECTION 23 ; Y 60 . 25 FEET TO A POINT; ALONG F THE SOUTH LINE OF SAID SECTION 23 , A DISTANCE OF J THENCE , LEAVING SAID 50 ( 17}1 LINE . BEARING NORTH 00003045 " 1 POINT ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 606 AS RECORD [. D IN OFFICIAL RECORDS BOOK 136 , PgGE 32 AND OFFICIAL RECORDS B EAST, A DISTANCE OF 50 . 00 FEET TO A 2285 , OF THE PUBLIC RECORDS OF SAID INDIAN RIVER COUNTY, FLORIDA , SAID POINT .gL12 B POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; ( OSLO ROAD ) ( 9th STREET SW) OOK 1203 , PAGE I j THENCE, BEARING NORTH 44 '47 ' 03 " WEST , EING THE I 49 . 37 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY Z RIGHT OF WAY LINE , A DISTANCE OF E EASTERLY RIGHT OF WAY LINE OF 27TH AVENUE ; AVENUE , BEARING NORTH 0 STANCEOF 115 0102 FEE TA TO A P NG THE EASTERLY TERLY RIGHT OF WAY LINE OF SAID 27TH THENCE , LEAVING THE EASTERLY RIGHT 19 . 45 FEET TO AOF EAST, A DISTANCE OF WAY LINE OF SAID 277 POINT ; 11 AVENUE , BEARING SOUTFI THENCE , BEARING 89 '56 ' 15 " ° SOUTH 10 '57 ' 10 " EAST , A DISTANCE OF 28 . 28 FEET TO A POINT; THEIJCE , BEARING SOUTH 00 '21 ' 26 "it WEST , A THENCE , BEARING DISTANCE OF 12 . 24 FEET TO A POINT; 4P SOUTH 4 OF THE NORTHERLY RIGHTOF WAY LINE , A DISTANCE OF 2 . 32 FEET TO A POINT BO . pO FEET NORTH OF SAID COUNTY ROAD 606 f THENCE , BEARING SOUTH 89 '56 ' 15 " EAST, ALONG A LINE 80 . 00 FEET NORTH OFAND NORTHERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD 606 ROAD ) ( 9th STREET SW) OF ORDS FEET TO A POINT ON THE EAST LINE OF THE LANDS DESCRIBED IN AFOREMENTIONED OFF RECORDS BOOK 512 , PAGE 600 ANO OFFICIAL RECORDS BOOK( 695 PAGE 564 OF THE PUBLIC DISTANCE OF SAID INDIAN RI VER COUNTY, FLORIDA ; ROAD ) C9th STREET AFOREMENTIONED A DISTANCE d ICTAL THENCE . H NC ONBEARING SOUTH 00 '20 ' 7 g - wE _ 7 RECORDS 1 SW ) ' TIME NORTHERLY RIGHT A '- a �' G s '" ro EAST LINE , 1 OF WAY LINE OF SAID COUNTY ROAD DISTANCE OF 80 - OD FEET TO q r OAD 606 ( OSLO ROAD ) ( 9th STREET THENCE , BEARING NORTH 89 '56 ' 15 " WEST, ALONG THE NORTHERLY RIGHT OF WAY ROAD 606 ( OSLO ROAD ) ( 9th STREET Sw ) , A DIS yR THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA F CE OF 276 ' 51 FEET TO THE POINT ( OFSAID COUNTY I OR LESS , SUBJECT TO ALL EASEMENTS , CONDITIONS AND RESTRfCTIONS AS CONTAINED 1M CREGINNIN E 3 OF TITLE 26 , 431 SQUARE FEET OR 0 . 607 ACRES , MORE ' 1 a IN THE CHAIN 1 +ONNIi ii No d S j 81 G. 1 c ° SURVEYORS_ NOTES LE 3 SECTION LINE i 1 ) IRIS IS .A SKETCIi OF DESCRIPTION PROPERTY LINE [ 30UNDARY RETRACEMENT SURVEY. ZION ONLY , Nor A RIGHT OF W L 2 ) THE BEARING C . R . COUNTY AY LINE 1 -[ HE SOUTI� BASE FOR THIS SURVEY IS BASED UPON I . R . F . W_ C , p ROAD LINE OF SECTION 23 , TOWNSHIP 33 SOUTH , INDIAN RIVER FARMS i [ ? Ar GE 39 EAST . SAID LINE SEARS WATER CONTROL DISTRICT at 3 ) rHE SCALE OF THIS DRAWING MAY �HAVE E 56 ' 15 " EAST . P ' O , C , POINT OF COMMENCEMENT r. DURING OF PROCESSES . E BEEN DISTORTED P B e ' POINT OF BEGINNING 4 PLAT BOOK 4 ) I „ THE PG . PAGE REF f ER TO SPECIAL OSE SURVEY PRFPApED ,-, AT BOOK 22 , •PAGE A roc . n ROW nccIC : AL GE 33 OF r' ccvrzc� ErJ ; rv " Row RECvRus BOOK IIJDIAN RIVER COIJr\ITY , FLORIDA . E PUBLIC RECORDS IN RW RIGHT of w „^ Y ! RIGH 1 - OF WAY pc �tsm PwAm cavnouww naw sc .0 g/A [ HS[p ro Aoo lw stvel. r wl,ia tlG.�( DCSUlP no. _ • _ �_ _ ❑ _ � Kimley- Horn DATE /NC �� PARCtz rr oescwretn rk o. w. e r� rs , PA ( 1�a ro oc9wcn a /./ne " � * andAssoclates , Inc a /' , e / o7 LEGAL D��� PROP ESCRIPTION OF THE NNiwniN �" pool OSED RIG • ' - " " os o � so INDIAN RIVERHT OF WAY FOR PARCf_ L 45 COUNT ' , FLORIDA 2 OF ;? Exhibit 'Aa page 2 of 4 � LL I _ ORB P66/PG 1257 J ' I a GRAPHIC SCALE - o P. 0. B. 0 50 25 0 74' eq — — � m 44. 4tE W Q 589'56' S89 '56 '15'E 42t DIT FEET U _0 _ 29201 ' 1 loch 50 tl Q � N -- — I a < W � W 30' NON -EXCLUSIVE RIGHT OF W 0Y a a W 7 WAY OF INGRESS AND EGRESS 20' UTILITY EASEMENT 13 ORB 5128 PACE 600 ' ORB 886, PAGE 1797 h LL LL } E TRACT N I 1— Z ; INDIAN RIVER FARMS COMPANYX1 o Wz m W = PLAT BOOK 2, PACE 25 o PLAT BOOK 21OI PPL.ACE � o U> ° rn AGE 28 LO Ln > zI Q - - N8956 '150W W 0 W WW a = W 256 . 48 o — — — — — — - U) d U o N f- ` I W Z e 4-I Q ° � o w Qd o o N n 5' RIS T OF WRY EASEMENT I Q C) pi N ORB 1216, PAGE 236 i5 . ORB 512/PG 600 55' 55' ROAD RIGHT 1 WAY z � Z � DRB 12030 PAGE 2285 ORB 1816, PAGE 1493 ORB 695/PG 564 I a x W Lu Lu Nl�ct �NORTHERLY RIGHT OF WAY UNE 130 25' 25' ROAD RIGHT Of WAY ORB 1251 , PAGE 2033 SEVION , � COUNTY ROAD 606 50' SOORBA1136 , GPAGEF32AY 55 SFCTIONz3, NMNSHIP 08L0 ROAD3J SCAITH RANGE ]9 eth 8TREE T 8 W 50 50" ROAD RIGHT OF WAY t22 ORB 109, PACE 606 BA57S OF BEARINGSSOUTH LINE SECTION 23, 1DM?ISHIP 3J SOUTH, RANGE 39 F�15T E — d CA NAL 30 CANAL R/ V— - >h4 cwfl6n Bwl o lam' cd�l:(hn aid >irlcn of NI poy.-,arardrd h�►m .ar �naaym adarvphaf and aRrld m'+N Nrm60 _ — _ — frfh by Err flwda 57TV o! PrQtN wd I and " 61017-61 flrAa A6n/.iLo(?w /� �+ Oiaofr Ca(q pu'1YT1 la $K 1pi 177. 027. �O o flrga to lucea. And Ido( ;'ha dv.ny is a Vrve and aauvla /M lali'o- Mw Waf o( m 6: a.1 Md ldyL Sic Ila , r_i nolo r ��T� '°9° o I u n V C.C. D&f1C5, P. SR1. Nc. 3119 a u u DA IE: - NDf VA LD wrH r MC Y04A JURE AND AC M61 OVA( RASID SCAL " �"�+ .• y++w n 4,w r.,., w a �..,�, ,,. ,��,o h ,,,,•,s „• _mow Dr D,Y f1LW/DA l/CLh'S1D 'URI flL'Y AND YAPPCR ABOVE b ,�.,.^ .A �VI'n Vvoa Ac M w• , V � i o �- + �.r•s n•'�r �.. v W r.i s., ► ,w.ta a o '+., ..... ^ - ' -� -a0a i : IIIc (I ►v LEGAL DESCRIPTION BY SURVEYOR ALL THAT CERTAIN PIECE , PARCEL OR TRACT OF LAND SITUATE , LYING AND BEING IN A PORTION OF TRACT 13 SECTION AL TOWNSHIP 33 SOUTH , RANGE 39 EAST, AS THE SAME IS y DESIGNATED ON THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, r FILED IN THE OFFICE OF T7tE CLERK OF THE CIRCUIT COURT OF ST. LU CIE COUNTY, FLORIDA , IN !E PLAT BOOK 2 , PAGE 25 , SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, t FLORIDA , SAID LANDS ALSO BEING A PORTION OF THE LANDS DESCRIBED IN OFFICIAL RECORDS e BOOK 51 I PAGE RIVER , AND OFFICIAL RECORDS BOOK 695 , PAGE 564 OF THE PUBLIC RECORDS d{ FO SAID INDIAN RIVER , COUNTY . SAID LANDS BEING MORE PARTICULARLY DESCRIBED q5 FOLLOWS , TO WIT; COMMENCING FOR REFERENCE AT THE SOUTHWEST CORNER OF SAID SECTION 23 ; 1HENCE9 BEARING NORTH 0021 ' 26 " EAST , ALONG THE WEST LINE OF SAID SECTION 2 DISTANCE OF 200 . 00 FEET TO A POINT; + 3 . A THENCE , LEAVING SAID WEST LINE , BEARING SOUTH 89 '56 ' 15 " EAST, A DISTANCE OF 44 . 85 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL ; WEST LINE OF t THENCE , CONTINUE SOUTH 89 '56 ' 15 " EAST, A DISTANCE OF 292 . 01 FEET TO A POINT ON THE BRADFORD PLACE , AS RECORDED IN PLAT BOOK 21 , PAGE 28 f RECORCS OF SAID INDIAN RIVER COUNTY, FLORIDA ; OF THE PUBLIC # THENCE , BEARING SOUTH 00 .20 ' 19 " WEST , ALONG SAID WEST LINE , A DISTANCE OF 70 , I TO A POINT 75 . 00 FEET NORTH OF THE NORTHERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD 606 ( OSLO ROAD ) ( 9th STREET SW) ; 00 FEET THENC AVING SAID ST EF NORTH EOFEAND PARALLEL WI HINTHE NORING NORTH THERLY RIGHT 5OF1 WESTI OF SAID COUNTY 75 . 00 FEET 606 ( OSLO ROAD ) ( 9th STREET SW) A DISTANCE OF 256 , 48 FEET TO A POINT; 7 U �JTY ROAD p T9 THENCE , BEARING NORTH 44 . 47 25 .1 WEST , A DISTANCE OF 42 . 32 FEET TO A POINT ; THENCE , BEARING NORTH 00 .21626 " EAST , A DISTANCE OF 12 . 24 FEET TO A POINT ; THENCE , BEARING NORTH 10 '57 ' 10 " W BECINNIIa C . EST , A DISTANCE OF 28 . 28 FEET TO THE POIIJT OF a � THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 19 , 680 SOUARE FEET OR 0 . 45 ACRES , o J MORE OR LESS . SUBJECT TO ALL EASEMENTS , CONDITIONS AND RESTRICTIONS AS (: ONTAINED r [ WITHIN THE CHAIN OF TITLE . 1 o , & j e + E � i o � d 1 iURVEYORS NOTES LE--- GEr1D 1 ) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A SECTION LINE BOUNDARY RETRACEMENT SURVEY. 6 2 ) THE BEARING 13ASE FOR THIS SURVEY IS BASED UPON — too PROPERTY LINE i THE SOUTH LINE OF SECTION 23 , TOWNSHIP RIGHT OF WAY LINE 33 SOUTH , I . R . F, W, C _ D , INDIANRIVERRIIVNTY OERDFARMS g RANGE 39 - EAST . SAID LINE BEARS SOUTH 89 '56 ' 15 " o 3 ) -THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED WATER CONTROL DISTRICT o + DURING REPRODUCTION PROCESSES . P . O . C . POINT OF COMMENCEMENT o t 4 ) KREFER TO THE SPECIAL PURPOSE P . O . B . POINT OF BEGINNING LEY -HORN AND ASSOCIATES . EN CUR AC c PREPARED P . PLAT BOOK e. r ED BY PG PAGF INDIANV RIVER� � rAVt 33 OF THE PUBLIC RECORDS IN O a e COUNTY , FLORIDA . RUVJ ovrrc� nL rzecoRos eooK RIGHT OF WAY RW RIGHT OF WAY N o °m"�° • • _ _ KimleyHorn onrc °"" " •' and Associates , Inc. 9 /� o /oe LEGAL DESCRIPTION P � © �� a :W"a. "o OF THE ECD . N.m •"a "` yr o PROPOSED ECT "u"ee" t b` .... � ,;r ,. _'•. "'a. ' ;= M Q. � * " POND SITE FOR P o4 � � ] so42 I INDIAN RIVER COUNTY ARCEL 45 Exhibit "/(( �� FLORIDA OF 2 page 4 of 4 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY , FLORIDA CIVIL DIVISION INDIAN RIVER COUNTY, a political subdivision of the State of Florida , PETITIONER , UCN : 312009CA010762XXXXXX v , CASE NO . : 2009 =0762 -CA05 CUMBERLAND FARMS , INC , a Delaware PARCELS , 45A, 45B corporation , as successor by merger to VSH REALTY , INC . , et al . , RESPONDENTS . STIPULATED ORDER OF TAKING AS TO RESPONDENTS CUMBERLAND FARMS , INC . and WILLIAM E . RUTZ , INDIVIDUALLY_ AND AS SUCCESSOR TRUSTEE UNDER AGREEMENT DTD 6/ 12/96 THIS MATTER came on to be heard by the Court upon the Joint Motion and Stipulation for Entry of Stipulated Order of Taking as to Parcels 45A and 45B ( hereinafter "Joint Motion and Stipulation " ) of the parties as set forth herein filed by the Petitioner , INDIAN RIVER COUNTY , a political subdivision of the State of Florida ( hereinafter , " COUNTY" ) , and the Respondents , CUMBERLAND FARMS , INC . , a Delaware corporation , as successor by merger to VSH REALTY , INC . ( hereinafter , " CUMBERLAND FARMS " ) and WILLIAM E . RUTZ , INDIVIDUALLY AND AS SUCCESSOR TRUSTEE UNDERAGREEMENT DTD 6/ 12/96 ( hereinafter , " RUTZ " ) , and it appearing that proper notice was first given to all Respondents , and to all persons having or claiming any equity , lien , title , or other interest in or to the real property described in the Petition , and the Court being fully advised in the premises , upon consideration , it is therefore , ORDERED AND ADJUDGED that : 1 . The Court has jurisdiction of this action , of the subject matter and of the Indian River County Resolution No . 2008 - 172 parties to this cause pursuant to Chapters 127 , 73 and 74 of the Florida Statutes ; 2 . The pleadings in this cause are sufficient ; the COUNTY is properly exercising its delegated authority ; and that condemnation of Parcels 45A (fee simple ) and 45B (fee simple ) , which are legally described in Exhibit 1 , attached hereto and incorporated herein , is for a valid public purpose and is necessary for such valid public purpose ; 3 . The COUNTY has complied with the applicable provisions of Chapters 73 and 74 , Florida Statutes , is exercising properly its delegated authority , and is entitled to title and possession of Parcels 45A and 45B . All conditions precedent to the COUNTY' s requested relief have been performed or have occurred ; 4 . The COUNTY has established , and the Court herebyfinds , that a reasonable necessity exists for the acquisition of Parcels 45A and 45B for a valid public purpose , namely for road right of way uses and appurtenances relating thereto , for a portion of the Oslo Road ( C . R . 606 ) and 27th Avenue ( C . R . 607 ) roadway improvement projects . 5 . The COUNTY' s Declaration of Taking sets forth the good faith estimate of value for Parcels 45A and 45B . 6 . The COUNTY' S good faith Estimate of Value was made in good faith , and is based upon a valid appraisal , and is therefore APPROVED ; 7 . Respondents CUMBERLAND FARMS and RUTZ stipulate to the entry of an Order of Taking as to Parcels 45A and 45B in this cause and waive their right to a hearing on the Order of Taking ; 8 . The amount to be deposited into the Registry of the Court with respect to Parcels 45A and 45B is TWO MILLION THREE HUNDRED THOUSAND AND NO/ 100 DOLLARS ($ 2 , 300 , 000 . 00 ) ; 9 . The COUNTY shall make its deposit into the Registry of the Court within twenty (20 ) days of the entry of this Stipulated Order of Taking , and upon the deposit and Indian River County Resolution No , 2008 - 172 020 without further notice or order of the Court , all right , title and interest as to Parcels 45A and 45B , as legally described in Exhibit 1 , attached hereto and incorporated herein , shall vest in and with the COUNTY ; 10 . Subject to the approval of the Indian River County Board of County Commissioners , the COUNTY and CUMBERLAND FARMS shall enter into a written lease agreement requiring that CUMBERLAND FARMS indemnify the COUNTY , requiring CUMBERLAND FARMS to maintain certain insurance and have the COUNTY named as an additional insured . The lease agreement shall further provide that CUMBERLAND FARMS will vacate the property within sixty ( 60 ) days of written notice from the COUNTY , which notice shall not be issued prior to April 1 , 2010 . No rent shall be charged under the lease agreement until January 1 , 2010 , and thereafter the monthly rent shall be 75 % of fair market value rent for a similar convenience store/gas station ; 11 . Upon the deposit as set forth above and without further notice or order of this Court , the Clerk of the Circuit Court shall forthwith pay to the Tax Collector of Indian River County , the amount of prorated taxes due as of the date of deposit as to Parcels 45A and 45B from the deposit and upon payment this suit shall stand dismissed as to the Tax Collector of Indian River County ; 12 . Upon the deposit as set forth above and without further notice or order of this Court , the Clerk of the Circuit Court shall forthwith disburse the deposit amount , less any prorated taxes due , to Holland & Knight , LLP , c/o Scott J , Johnson , Esquire , 200 South Orange Avenue , Suite 2600 , Orlando , Florida 32801 for placement in an interest bearing escrow account , where it shall remain pending written agreement of all parties having an interest in Parcels 45A and 45B or until further Order of this Court , whichever occurs first ; and 13 . The Joint Motion and Stipulation of the COUNTY and Respondents Indian River County Resolution No . 2008 - 172 -3 - CUMBERLAND FARMS and RUTZ is hereby approved and its terms are incorporated as part of the Order of Taking for Parcels 45A and 45B . DONE AND ORDERED in Chambers at Vero Beach , Indian River County , Florida , on this day of 120092 CIRCUIT COURT JUDGE Conformed copies to : Mary J . Dorman , Esq . Scott J . Johnson , Esq . Andrew G . Diaz , Esq . Attached service list Attachments : Exhibit 1 - Legal description of Parcels 45A and 45B Indian River County Resolution No . 2008 - 172 4 - JOINT MOTION AND STIPULATION FOR ENTRY OF ORDER OF TAKING Petitioner , INDIAN RIVER COUNTY, a political subdivision of the State of Florida ( hereinafter , " COUNTY" ) , and the Respondents , CUMBERLAND FARMS , INC . , a Delaware corporation , as successor by merger to VSH REALTY , INC . ( hereinafter , " CUMBERLAND FARMS " ) and WILLIAM E . RUTZ , INDIVIDUALLY AND AS SUCCESSOR TRUSTEE UNDER AGREEMENT DTD 6/ 12/96 ( hereinafter , " RUTZ " ) , by and through their respective attorneys , hereby stipulate and move the Court for entry of the foregoing Stipulated Order of Taking . This stipulation may be executed in one or more counterparts ( including by facsimile ) , all parties need not be signatories to the same documents , and all counterparts shall be deemed to be an original and one ( 1 ) instrument , MARY J . DORMAN , Esquire SCOTT J . JOHNSON , Esquire Florida Bar No : 917222 Florida Bar No : 181496 Dorman & Gutman , P . L . Holland & Knight LLP 305 S . Brevard Ave . , Ste . 100 200 S . Orange Avenue , Suite 2600 Tampa , Florida 33606 -2360 Orlando , Florida 32801 ( 813 ) 254 -8980 ; fax ( 813 ) 254 -8983 (407 ) 244 - 1120 ; fax (407 ) 244 - 5288 Attorney for Petitioner Attorney for Respondent , Cumberland Farms Date : Date : ANDREW G . DIAZ , Esquire Florida Bar No : 974196 Gaylord Merlin Ludovici Diaz & Bain 5001 W . Cypress Street Tampa , Florida 33607 ( 813 ) 221 -9000 ; fax ( 813 ) 221 -9030 Attorney for Respondent , Rutz Date : Indian River County Resolution No . 2008 - 172 - 5 - — � N 6 0 r ` WLn ORB V66/PG 1257 G �� SCALE 74' I S0 n v WNW U – — — - d S89 'S6 0 15 'E arr W 28. 28 inch = a0 rt � rnp ^ S10657' 100E rr 0 BRADFORD PLACE Lu `` Z I 71 '2 30' NON — EXCLUSIVE E RIGHT of I PLAT BOOK 21, PAGE 28 f ] \ W um v) 500 21 26 " W TRACT 13 wAY OF INGRESS AND EGRESS I < Q inx W I � ra 'c' INDIAN RIVER FARMS COMPANY ORB 512, PAGE 600 d Qz u_ 3Z v 5 w LJ A; ��. PLAT BOOK 2, PAGE 25 I `� ZO' UTILITY EASEMENT J = ~ n rpl I S• ORB 886, PAGE 1797 L O U U Ha o 041 P � mmomp S89456 ' 155E 256 . 48 ' Y = W Ir ^ InN I � - _ _� � �Y' Q N 5' EASEMENT FOR - - - - - _� 4-I CL ~ Z RIGHT 12 WAY PURPOSES 26 , 431 S0 . FT. L ORB 1216, PAGE 236 0 . 607 ACRES I W 3 0 Q — 45 ? � " 55 ' 55' ROAD RIGHT Of WAY z wo 60 ' ORB 512 / PG 600 1 < la C) ORB 1816, PAGE 1453 0 — c i 51MP RIGHT OF W � O AY y P. 0 ORB 695/PG 564 I W o CO x ro ORB 1203, PACE 2285 L Unj R, 9l L 4 0 o " 130' 25• 25 ' ROAD RIGHT OF WAY k 0 G 0 �+ _ _ ORB 1251 , PAGE 2033 a n a P. O. C. W 1 N89 'S6 'c1S ' W NORTHERLY RIGHT OF WAY UNEAIMED 276 . 51 'TZ2 ----.- n o SECT) R o COUNTY ROAD 608 JJCn$pUM � QIP O o 50' 50' ROAD RIGHT C'F WAY OSLO ROAD ORB 136, PAGE 3Z EAST 50' 50' ROAD RIGHT OF WAY E . 22 23 Z 91h STREET 8W DRBiD9, PAGE6D6 = 0 ` � � 5 gid • : 60.25' 8A95 OF BEARINGS I H UNE SECTION 23, TOWNSHP 33 SOUTH, RANGE 39 EAST n, a 27 26S8956'15"E SOUTH � . � E - g CANAL }D ' _ CANAL R/ 6' 6D Fcpn� af[h mrvfr the MKIMM farnnic°L 'my supv�)w and �lwd' re " 8 53' _ abawd Of PrOlM nd L°nd Surmain son "4i6jl up, mi wpm ! -- ft ym n2027. ❑rn&f f ftf vCaW, pu r anf t° swim 1 ;1. 017.nd f6of D,ir rto 9Lha Dar!ua/ 16AM.dga undodnl�fcprex 9''°� v E.0 DCY p RE H5a PARCU CONnGURA 6pV ANO Lf DAL DCSCRI qr h _ 9-JO-DYj ETE1t S.J. Na 317 Annl _ _ _ _ _0404 IhE CEF PARCH 11/1/06 •_ _ _ 0404 , � NDI VA uD "OUT MC 96NA IDRC AND MC DAIONAL R'S. D SCAL I a f 6 ""'•�-•' n .•�• "`" " •• " •,••�, rr ...�-o H ..wn. Dr MC EICI91DA LJCTNSCD SUPPUM? AND UJPP(R 'BOy 0404 — . 0041, 04--04 - �. _ , 4 r' 0404 vinna a � n ,04 — 1" e c w°ylnc -rwd A7 wM6 90c1 ' 10 "Otl SP -Ah06 bwsr -µoNV3nbns\aor0\so -,DSIz ONr I He QYub u159\ D] d3w hviunl\ S °...cu twloo -] J In iv LEGAL DESCRIPTION or CiLJIII BY SURVEYOR ALL THAT I; ERTAIN PIECE , PARCEL OR TRACT OF LAND SITUATE , LYING AND BEING IN A PORTION OF LA39 EAST , AS THE: SAME 15 ST GENERAL PLLAT2OF LANDSHIOF THE OIND ANRANGE RIVER FARMS N THE COMPANY, FILED IN THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA IN PLAT BOOK IN THE OFFICE SAID OF LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA , SAID LANDS ALSO 9EING A PORT ONO OFTHE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 512 , PAGE 600 AND OFFICIAL RECORDS BOOK 695 , PAGE 564 RI TH1: PUBLIC RECORDS OF SAID INDIAN RIVER , COUNTY. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS , TO WIT ; COMMENCIN ,; FOR REFERENCE AT THE SOUTHWEST CORNER OF SAID SECTION 23 ; THENCE , BEARING SOUTH 89456 ' 15 " EAST , ALONG 60 . 25 FEET TO A POINT; THE SOUTH LINE OF SAID SECTION 23 , A Y DISTANCE OF THENCE , LEAVING SAID SOUTH LINE , BEARING NORTH 00 '03 ' 45 " t POINT ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 606 ( OSLO ROAOF D ) ( filth STREET SW) , AS RECORDED IN OFFICIAL RECORDS BOOK 136 , PAGE 32 AND OFFICIAL RECORDS 800150 oO3FEp gGEO A 2285 , OF THE PUBLIC RECORDS OF SAID INDIAN RIVER COUNTY, FLORIDA , SAID POINT ,4L50 BEING THE I POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL : THENCE , BEARING NORTH 44 '47003 " WEST, ALONG SAID NORTHERLY 49 . 37 FEET TO A POINT OF INTERS E NCTION WITH THE EASTERLY RIGHTIOFTW YWIA ELOF 27TH AVNCE OF I THENCE , BEARING ORTH 00 ' 21 ' 26 " EAST , ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID 27TH E , i AVENUE . A DISTANCE OF 115 . 00 FEET TO A POINT; I THENCE , LEAVING THE EASTERLY RIGHT OF WAY LINE OF SAID 27TH AVENUE , BEARING SOUTH 89 '56 ' 15 " E EAST , A DISTANCE OF 19 . 45 FEET TO A POINT ; d THENCE . BEARING SOUTH 10057 ' 10 " EAST , A DISTANCE OF 28 - 28 FEET TO A POINT; THENCE , BEARING SOUTH 0O '21 ' 26 " WEST , A DISTANCE OF 12 . 24 FEET TO A POINT; THENCE , BEARING SOUTH 44 ' 47 ' 25 " EAST , A DISTANCE OF 42 . 32 FEET TO A POINT 80 . 00 FEET NORTH OF THE NORTHERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD 606 ( OSLO ROAD ) ( 9th STREET SW ) ; Ilk THENCE , BERIGHTARING SOF WAY OUTH 89056 ' 15 " EAST, ALONG A LINE 80 . 00 FEET NORTH OF AND PARALLEL WITH THE OFF 256 . 48 YFEET TO A POINT INONOTHE AEAST OLINE YOFOTHE 6LANDS SDESCRIBED IN AFOREMENTIONED OFF RECORDS BOOK 512t PAGE 600 AND OFFICIAL RECORDS BOOK 695 , PAGE LO ) 569thOF STREET PUBLICARECORDS DISTANCE t OF SAID INDIAN RIVER COUrlTY, FLORIDA ; OFFICIAL a THENCE . BEARING SOUTH 00 '20 ' 1 9 � WE T , R POINT ON THE NORTHERLY RIGHT OF WAY LINEN OF SAID EAST LINEROAD 606 DISTANCE OF RBO - ODOA0 FEET TO A ( OSLO ROAD t ) ( 9th STREET THENCE , BEARING NORTH 89 '56 ' 15 " WEST ROAD , ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID COUNTY 606 ( OSLO ROAD ) ( 9th STREET SW ) , A DISTANCE OF 276 . 51 FEET TO THE POINT OF BEGIN oo THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 26 , 431 SQUARE FEET OR 0 . 6b7 ACRES , MORE t 3 OR LESS . SUBJECT TO ALL EASEMENTS , CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN . OF TITLE . 1 Ir 3 , 1 ` t � t s Cl 9, LEGEND SURVEYORS NOTES N LINE d PROPERTY LINE 1 ) THIS IS .A SKETCH OF LEGAL DESCRIPTION ONLY , NOT A RIGHT OF WAY LINE a OUNDARY RETRACEMENT SURVEY. C R BCOUNTY ROAD = L 2 ) THE BEARING BASE FOR THIS SURVEY IS BASED UPOrj I . R , F . W_ C . D . INDIAN RIVER FARMS J IHS SOUTH LINE OF SECTION 23 , TOWNSHIP 33 SOUTH , WATER CONTROL DISTRICT t ANCE 39 EAST . SAID LINE BEARS SOUTH 89 "56 ' 15 " P . O . C . POINT OF COMMENCEMENTIP 3 ) FHE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED P . O . B . POINT- OF BEGINNING x r. DURING REPRODUCTION PROCESSES . P 6 PLAT BOOK ' nPG . PAGE 4 ) REFER TO THE SPECIAL PURPOSE SURvEY C)PrOI ` n O . R . B . nFFICI ^ L � rCORDS BOOK r+ G . n � r< CGurtULU IfV � ROW PLAT BOOK 22 , PAGE y33cOF T RW FxrcHT oFlw .. v IIJDIAN RIVER COUNTY , FLORIDA E PUBLIC RECORDS IN RIGH1 OF WAY pr % SEX)II PM AD LAVs IX/ r npv AND L [l' t Errscn P moo usE.vmr O£SCRIBCL IN O. IF. O. 1216, PACE 2Jw M naE CFE PARCEL rI/4/ow NSA © MI " Kimley- Horn oArt C9 DR «m ^ PNw and Associates , Inc rF / la /o ' LEGAL DESCRIPTIO ! OF T IE s>i� r Nuumm DLC O :�5 w,,,�,__Ha„ ..10 � ^� PROPOSED RIGHT r 1 Eco . �„� o. C7 NC OF WAY FOR PARCI. L 45 2 OF • 1"3) " "- " a • - o + 0 50 . INDIAN RIVER COUN TZ ' , Exhibit 1 FLORIDA page 2 Of 4 zLL W 0 lop u r ORB nss/PG 1257 a GRAPHIC SCALE tp P, 0 B. ° o I -- 50 2 t- 74' ! 0 L0 LY I 44. 45' W W Q S89'56 ' 150E 589 'S6 '15' E IN ><E6f 00 28. 28 - _ - - _ 29201 ' v _ N 1 Ince � 50 � Q � " a0 W 10'S7' 10eW 30 ' NON - ExauslvE RIGHT of J WAY OF INGRESS AND EGRESS 20' UTILITY EASEMENT W � W Ch W j 2. 24' Tp A CT i� ORB 512, PACE 6D0 - ORB 886, PAGE 1797 I N0021 '26 'E IRA h7 � I-- u- t� ^ I ° wwz , INDIAN RIVER FARMS COMPANY ° W ° �'N ;pd PLAT BOOK 2 PAC; 25 I o�41 I PLAT BOOK PLACE a 0 0 m 0 > s� �, 21, PAGE 28 z in Q irN89 '56 '15'W _ _ W0 w M > YI > W W a = W 256 ' . 48 Q � � N I — — — — — - W ui wO z0W Qn 5 ' RICHT OF WAY EASEMENT 4.4 00 U) v a ry 001ri N ORB 1216 , PAGE 236 a Q rr t i5 ' ORB 512/PG 600 I 55' S5' ROAD RIGHT WAY 0 Z 1 � ZC4 ORB 1203, PAGE 2285 ORB 1816, PAGE 1493 ORB 695/PG 564 I d w uJa W Z NORTHERLY RIGHT OF WAY UNE 130' ¢ z 25' 25' ROAD RIGHT OF WAY W ORB 1251 , PAGE 2033 o in k o P. 0. C. 3 a a � 501TM"�T '� 50' ROAD RIGHT OF WAY COUNTY ROAD 606 SECTION 23' � � 50' ORB 136 , PAGE 32 55 OSLO L 0 _ ^ �OU7K RMGE 39 ROAD A D 22 23 91h STREET 8 w 50 50' ROAD RIGHT OF WAY E m 2 � ORB 109, PAGE 606 ° 0 p9` JE_ ma +' : M5 BASS OF BEARINGS SOUTH UNE SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST E 27 26 I Y I F t - 6— CANAL— — 3L — CANAL Rw M Nal � I u aA pron •os o, villa hn a ,d sR/ICA o/ M, ya➢�r '2J _ un0� ny a,!�waand Nf Mrs , VO and aRe1n1 mutt M. mhhwn ladnko' slo �' 8 60' S3 ' — — — — — — Fb sketch M is PrOMR milu,d 1 and 5w» ao w of r• ,r lhoclr r1 I utu, AOnl.iAvl w Co a Dcss ml to 5ecla, 177. 027, �V o Y utes. And Mat :Als aYoeny is a troe and r. Mw bent of m 17, o Sup f to , i on nolo •a9' ant ..i,e! � ri°` CC. OLYCAN# P. SII. Nc. 31 :9 1 N07 YAWMOUY TW 9OYAIUR£ AW flE 0?IJNA( RAS[ 3TAL !! T ', "'�— r •-.�-w n 4.� r+... « .,. „�. ,�...,v Al -ww« .+ �+�� p + Of MY /IP4/DA (1CL410 .i0RIFYCV AND NAPP(R 460If PaVlainod .( Q Wa, i7I r ,e..w . o ,.., .,-.•. ..� .. n.... .. Lu 1 -U . -i.ptl a•oS= -nrnA\ n. urr\ n,..,, �„�., ' ' •--� -„ QN LEGAL DESCRIPTION BY SURVEYOR ALL THAT CERTAIN PIECE , PARCEL OR TRACT OF LAND SITUATE . LYING AND BEING IN A PORTION OF TRACT 13 , SECTION 231 TOWNSHIP 33 SOUTH , RANGE 39 EAST, AS THE SAME IS y DESIGNATED ON THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA , IN PLAT BOOK 2 , PAGE 25 , SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA , SAID LANDS ALSO BEING A PORTION OF THE LANDS DESCRIBED IN OFFICIAL RECORDS = BOOK 5120 PAGE 600 AND OFFICIAL RECORDS BOOK 695 , PAGE 564 OF THE IPUBLIC RECORDS C FOLLOWS , DWIT; SAID INDIAN RIVER , COUNTY. SAID LANDS BEING MORE PARTICULARLY DES PUBLIC AS FO j COMMENCING FOR REFERENCE AT THE SOUTHWEST CORNER OF SAID SECTION 23 ; { THENCE , BEARING NORTH 00 . 21 ' 26 " EAST , ALONG THE WEST LINE OF SAID SECTION 23 , A DISTANCE OF 200 . 00 FEET TO A POINT; Y THENCE , LEAVING SAID WEST LINE , BEARING SOUTH 89 '56115 " EAST DISTANCE FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN F 44 . 45 ESCRIBEDPARCEL : THENCE , CONTINUE SOUTH 89 .56 ' 15 " EAST, A DISTANCE OF 292 . 01 FEET TO A POINT ON THE WEST LINE OF BRADFORD PLACE , AS RECORDED IN PLAT BOOK 21 , PAGE 28 OF THE PUBLIC J RECORDS OF SAID INDIAN RIVER COUNTY, FLORIDA ; THENCE , BEARING SOUTH 00 .20 ' 19 " WEST , ALONGSAID WEST LINE , A DISTANCE OF 70 . 00 FEET TO A POINT 75 . 00 FEET NORTH OF THE NORTHERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD 606 ( OSLO ROAD ) ( 9th STREET SW) ; THENCE , LEAVING SAID WEST LINE , BEARING NORTH 89 '56 ' 15 " WEST, ALONG A LINE 75 . 00 FEET NORTH OF AND PARALLEL WITH THE NORTHERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD 606 ( OSLO ROAD ) ( 9th STREET SW) A DISTANCE OF 256 . 48 FEET TO A POINT ; THENCE , BEARING NORTH 44 ' 47 ' 25 " WEST, A DISTANCE OF 42 . 32 FEET TO A POINT ; P THENCE , BEARING NORTH 00 '21 ' 26 " EAST , A DISTANCE OF 12 . 24 FEET TO A POINT ; THENCE , BEARING NORTH 10 57 ' 10 " WEST • A DISTANCE of 26 . 29 FEET TO T" C POINT OF THE Y BED SES NTAIN E AREA MORE OIRVLEDSSS SUIBJEECTRTO TALL EASEMENTS ,SN CONDITIONSOF 0 . 45REQS RESTRICTIONSASAOS CONTAINED ACRES , N i WITHIN "r" E CHAIN OF TITLE . 1 ^ I � J a 0 c i J dl ,9 J f w 21 o � d a SURVEYORS NOTES LEGE14 SECTION 1 ) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A PROPERTYI LINE 2 ) BOENBEARI GE 13A EE MENFORT HIS SURVEY IS BASED UPON C . R . RIGHT OF WAY LINE THE SOUTH LINE OF SECTION 23 , TOWNSHIP 33 SOUTH% , I . R . F . W, C . D , NDIIAN RNTY IVERFARMS s t RANGE 39 EAST . SAID LINE BEARS SOUTH 89 '56 ' 15 ' aJ 3 ) -THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED WATER CONTROL DISTRICT J DURING REPRODUCTION PROCESSES . P • 0 . B . POINT OF COMMENCEMENT t P . O . B . POINT OF BEGINNING 0 4 ) REFER TO THE SPECIAL PURPOSE SURVEY PREPARED BY PG , PLAT BOOK 4 } KIMLEY_—_HORN AND ASSOCIATES . INC LIZar p E PG , PAGE cmac , � HGt 33 OF THE PUBLIC RECORDS INv R " B OFFICIAL RECORoS ec) InK INDIANv RIVER COUNTY , FLORIDA . ROW RIGHT OF WAY RW RIGHT OF WAY � � " ❑= KimleyHorn OTE 0 o�wco ■ . and Associates , Inc. 8 /30 /08 LEGAL DESCRIPTION OF THE 5 "' � 4"° " A" PROPOSED E� • ;+�- —e,. .� o° o.+Fcr " o POND SITE F PAR — I . `� ., .. IT X11. a unY " 3 INDIAN OR CEL 45 04703504 RIVER COUNTY , FLORIDA 2 OF 2 Exhibit 1 page 4 of. 4