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HomeMy WebLinkAbout2008-297 DEVELOPER'S AGREEMENT U a rl THIS AGREEMENT ("Agreement") is made and entered into this 16th day of September , 2008 , by and between Indian River County, a political subdivision of the State of Florida ("County") , and Del Lago , Inc. , a Georgia Corporation (" Developer") , having its principal office at 3131 Naples Drive N . E . , Atlanta , GA 30305 : WHEREAS , Developer intends to develop a parcel of property on Indian River County Road 512 between 108th Avenue and 107th Court (" Project Site") ; and WHEREAS , the County desires to acquire additional right-of-way from Developer along 108th Avenue for roadway and drainage improvements ; and WHEREAS , Developer is willing to dedicate additional right-of-way to the County under the terms and conditions stated herein ; and WHEREAS , the County and the Developer share mutual goals and assist each other with respect to right-of-way acquisitions , roadway and drainage improvements , and other improvements described herein ; NOW, THEREFORE , in consideration of the mutual terms , conditions , covenants and premises stated herein , and other good and valuable consideration , the receipt and sufficiency of which are hereby acknowledged , the County and the Developer hereby agree as follows : 1 . Recitals . The foregoing recitals are incorporated as if fully stated herein . 2 . Dedication . In conjunction with its development of the Project Site , and provided all of the other terms and conditions of this Agreement are satisfied , the Developer shall , prior to site- plan release , dedicate to Indian River County the following described right-of--way: See Exhibit "A" attached hereto and made a part hereof (the " R-O-W Property") County agrees that from and after the date of closing it will provide full movement access , (right- turn and left-turn in-and -out) from 1081 Avenue into Developer' s site without a center median or with a center median cut. 3 . Abandonment. The County acknowledges the Developer has submitted an application to abandon a portion of 107th Court between County Road 512 south to 94th Street, bearing Application No . 62006 , and File No . ROW-08=08-02 ("Application for Abandonment") . In consideration for the dedication of right-of-way by the Developer described above , the County agrees to grant the Application for Abandonment in favor of the current adjacent owners of the existing right-of-way over the real property described in Exhibit " B , " attached hereto and made a part hereof. In conjunction therewith , the County shall not retain an easement for utility services and shall agree to permit a driveway or curb cut from County Road 512 into the abandoned portion of 107th Court to be used by the adjacent property owners in the future . 4 . Agreement to Proceed . The County will move forward as soon as practicable with its approval of the Application for Abandonment , and the Developer will move forward with its application for site plan approval and dedication of right-of-way, both parties recognizing that it is in their best interest for the dedication and the abandonment to occur simultaneously. 1 5 . Drainage . Drainage related to the County's right-of-way improvements along 108`n Avenue, and along County Road 512 , if applicable, will be satisfied on County-maintained property , and will not be on land of the Developer. 6 . Title . Developer shall convey marketable title to the ROW Property by special warranty deed free of claims , liens , easements and encumbrances of record or known to Developer; but subject to property taxes for the year of Closing and covenants , restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing ; and (b) none of the foregoing prevents County's intended use and development of the ROW Property (" Permitted Exceptions") . County shall take title to the ROW Property " as-is , where is with all faults" as of the time of recording of the warranty deed to County, except for the representations and warranties of Developer set forth in this Agreement, the warranty deed , and in the closing documents . 6 . 1 Within thirty (30) days after the Effective Date of this Agreement Developer shall deliver to County a Title Insurance Commitment with respect to the ROW Property with coverage in the amount of $ 2 000 . 00 . Title insurance will be provided by 1 ' American and will be issued by Developer' s attorney. County shall have fifteen ( 15) days following receipt of the commitment to deliver written notice to Developer of title defects . Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified , or (b) County delivers notice and Developer cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period") . Developer shall undertake a good faith effort, but without any obligation to expend more than $ 1 , 000 in such effort, to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period , County shall have thirty (30) days from the end of the Curative Period to elect , by written notice to Developer, to : (i) terminate this Agreement, whereupon it shall be of no further force and effect, or (ii) accept title subject to existing defects and proceed to closing . 7 . Representations of the Developer. 7 . 1 Developer is the contract purchaser of the ROW Property, and has authority to contract to convey and transfer the ROW Property which is the subject matter of this Agreement , free and clear of all liens and encumbrances . 7 . 2 From and after the Effective Date of this Agreement , Developer shall take no action which would impair or otherwise affect title to any portion of the ROW Property, and shall record no documents in the Public Records which would affect title to the ROW Property, without the prior written consent of the County. 7 . 3 To Developer' s knowledge and belief without investigation , there are no existing or pending special assessments affecting the ROW Property , which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 8 . Default. 8 . 1 In the event the County shall fail to perform any of its obligations hereunder, the Developer shall , at Developer's sole option , be entitled to : (i ) terminate this Agreement by written notice delivered to the County prior to the Closing Date and thereupon neither the Developer nor any other person or party shall have any claim for specific performance , 2 damages , or otherwise against the County; or (ii) waive the County's default and proceed to Closing . If County defaults in its post-closing obligations under this Agreement, Developer may pursue the exclusive remedy of specific performance as to any such default. 8 . 2 In the event the Developer shall fail to perform any of its obligations hereunder, the county shall , at its sole option , be entitled to terminate this Agreement by written notice delivered to the Developer at or prior to the Closing Date and thereupon neither the county nor any other person or party shall have any claim for specific performance, damages or otherwise against the Developer. 9 , Closing . 9 . 1 The closing of the transaction contemplated herein ("Closing " and "Closing Date") shall take place as follows : (a) The Developer shall execute and deliver to the County Attorney, in Escrow, a special warranty deed conveying marketable title to the ROW Property, free and clear of all liens and encumbrances and in the condition required by paragraph 6 , the condition of the Escrow being that the Warranty Deed and all other closing documents shall not be released from Escrow until the Application for Abandonment has been granted , the time for appeal has expired without an appeal being filed , and Developer shall have closed on the purchase of the R-O-W Property. (b) The Developer shall deliver possession of the ROW Property to County vacant and free of Developer's equipment and personal property. (c) If Developer is a non-resident alien or foreign entity, Developer shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Developer and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980 . (d) The Developer and the County shall each deliver to the other such other documents or instruments as may reasonably be required to Close this transaction . 10 . 2 Prorations . All taxes and special assessments which are a lien upon the ROW Property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Developer. If the Closing Date occurs during Othe time interval commencing on November 2 and ending on December 31 , Developer shall pay all current real estate taxes and special assessments levied against the ROW Property, prorated based on the "due date" of such taxes established by the taxing authority having jurisdiction over the ROW Property. If the Closing Date occurs between January 1 and November 1 , the Developer shall , in accordance with Florida Statutes Section 196 . 295 , pay an amount equal to the current real estate taxes and assessments , prorated to the closing Date . 11 . Closing Costs : Expenses . County shall be responsible for preparation of all Closing documents, which shall be acceptable to Developer. 11 . 1 County shall pay the following expenses at Closing : 11 . 1 . 1 The cost of recording the warranty deed and any release or satisfaction obtained by Developer pursuant to this Agreement. 3 11 . 2 Developer shall pay the following expenses at or prior to Closing : 11 . 2 . 1 Documentary Stamps required to be affixed to the warranty deed . 11 .2 . 2 All costs and premiums for the owner' s marketability title insurance commitment and policy, if any. 11 . 2 . 3 All costs necessary to cure title defect(s) or encumbrances to the extent set forth in paragraph 6 . 1 of this Agreement, other than the Permitted Exceptions , and to satisfy or release of record all existing mortgages or liens upon the ROW Property, 11 . 3 The Developer and county shall each pay their own attorneys' fees . 12 . Miscellaneous . 12 . 1 Controlling Law, This Agreement shall be construed and enforced in accordance with the laws of the State of Florida . Venue shall be in Indian River County for all state court matters , and in the Southern District of Florida for all federal court matters . 1202 Condemnation . In the event that all or any part of the ROW Property shall be acquired or condemned for any public or quasi-public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction , County shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease , or to proceed , subject to all other terms , covenants , conditions , representations and warranties of this Agreement, to the closing of the transaction contemplated hereby and receive title to the ROW Property; receiving , however, any and all damages , awards or other compensation arising from or attributable to such acquisition or condemnation proceedings . County shall have the right to participate in any such proceedings . 12 . 3 Entire Agreement, This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements , written or oral , between the Developer and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties . 12 . 4 Assignment and Binding Effect. Neither County nor Developer may assign its rights and obligations under this Agreement without the prior written consent of the other party, and attempted assignment shall be null and void ; provided , however, Developer may assign its right hereunder to an entity wholly controlled by Developer' s shareholders if such entity acquires the R-O-W property. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 12 . 5 Notices . Any notice shall be deemed duly served if personally served or if mailed by certified mail , return receipt requested , or is sent via "overnight ' courier service or facsimile transmission , as follows : If to Developer: Del Lago , Inc. Attn : Matt Shook 3131 Maple Drive N . E . Atlanta , GA 30305 Facsimile : 4 With a copy to : Bruce D. Barkett, Esq . Collins , Brown , Caldwell , Barkett & Garavaglia , Chtd , 756 Beachland Boulevard Vero Beach , FL 32963 Facsimile : 772-234-5213 If to County: Robert Webb Indian River County — Public Works 1840 25th Street Vero Beach , FL 32960 Facsimile: 772-778-9391 Either party may change the information above by giving written notice of such change as provided in this paragraph . 12 . 6 Survival and Benefit. Except as otherwise expressly provided herein , each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith , shall survive the Closing Date and the consummation of the transaction provided for herein . The covenants , agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto , its successors and assigns , and are not made for the benefit of, nor may they be relied upon , by any other person whatsoever. 12 . 7 Attorney' s Fees and Costs . In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees , costs , and expenses . 12 . 8 Counterparts . This Agreement may be executed in two or more counterparts , each one of which shall constitute an original . 1209 County Approval Required . This Agreement is subject to approval by Indian River County. 12 . 10 Beneficial Interest Disclosure. In the event Developer is a partnership , limited partnership , corporation , trust, or any form of representative capacity whatsoever for others, Developer shall provide a fully completed , executed , and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286 . 23 (3) (a) , the beneficial interest in any entity registered with the Federal Securities and Exchange commission , or registered pursuant to Chapter 517 , Florida Statutes , whose interest is for sale to the general public, is exempt from disclosure ; and where the Developer is a non-public entity, Developer is not required to disclose persons or entities holding less than five percent (5%) of the beneficial interest in Developer. 5 IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the date first set forth above . DEVELOPER : COUNTY: DEL LAGO, LLC INDIAN RIVER COUNTY, FLORIDA y AWes ] eyv vis , -Chalrrn« „ , , Date Signed : 9/16/08 Date Signed : September 169 20M Attest: J . K Pn , Cler By: k D putt' Cler APPROVED AS TO FORM AND LEGA! SU FtC1EN BY VALUAM K. DEBRAAL , DEPUTY COUNTYATTORNEY 6 LEGAL DESCRIPTION FOR RIGHT OF SAY DEDICATION MEET 1 OF 2 (NOT W SCALE) NOT VALID Nl7HOUT MEET 2 OF 2 LEGAL DESCR/PI70M BEING A PORTION OF LOTS 12, 11, 10 & 90 BLOCK 'D ; VERO LAKE £STATES UNIT NO, 4, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 31 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCR18ED AS FOLLOWS COMMENCE AT THE NORTHWEST CORNER OF THE SE1/4 OF THE SE1/4 OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00 '32137 " WEST ALONG THE WEST LINE OF AFORESAID SE114 OF SE1/41 A DISTANCE OF 108. 65 FEET TO A PO/NT ON THE SOUTH RIGHT OF WAY UNE OF STATE ROAD #512 AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION MAP SECTION 88081 -2403 (SHEET 10 OF 11) AND AS RECORDED IN OFFICIAL RECORDS BOOK 290, PAGE 522, INDIAN RIVER COUNTY RECORDS; THENCE RUN NORTH 88'33 '10 " EAST ALONG THE SOUTH RIGHT OF WAY LINE OF SAID STATE ROAD 1512, A DISTANCE OF 50. 03 FEET TO THE POINT OF BEGINNING (BEING THE INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF 108th AVENUE AND THE SOUTHERLY RIGHT OF WAY LINE OF S, R. X512), FROM S41D POINT OF BEGINNING CONTINUE NORTH 88033 ' 10 " EAST ALONG SAID SOUTHERL Y RIGHT OF WAY A DISTANCE OF 50. 03 FEET; THENCE SOUTH 00'32 "37 " WEST, A DISTANCE OF 319. 18 FEET THENCE NORTH 89 `34 '29 " WEST, A DISTANCE OF 50. 00 FEET TO A POINT ON SAID EAST RIGHT OF WAY LINE OF 108TH AVENUE; THENCE NORTH 00 '32 '37 " EAST, ALONG S41D EAST RIGHT OF WAY LINE, A DISTANCE OF 317. 55 FEET TO THE POINT OF BEGINNING, CONTAINING' 15918. 30 SOUARE FEET OR 0. 37 ACRES MORE OR LESS. NOTES:• 1, THIS SKETCH OF LEGAL DESCRIPTION DOES NOT REPRESENT A BOUNDARY SURVEY. 2. THE BEARING 84SE OF THIS SKETCH OF LEGAL DESCRIPTION IS N. 88 '33 '10 "E. ALONG THE SOUTH RIGHT OF WAY LINE OF S. R. 512. 3. THE INFORMATION WAS PROVIDED BY "RACETRAC PETROLEM INC. " SURVEYORS 0ERAR7C 17ON: I HEREBY CERTIFY THAT THE "SKETCH TO ACCOMPANY LEGAL DESCRIPTION " WAS PREPARED UNDER MY RESPONSIBLE CHARGE AND MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS AND MAPPERS IN CHAPTER 61017- 6, FLORI©A STATUTES, AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FL ORIDA LICENSED SURVEYOR AND MAPPER. BLOOMSTER 'I PROFESSIONAL LAND 0Ai° SUR YORS�INC. JW f. 10217 RAW Lt 0 IMNISONS ROBERT BL OOMSTER JR. 791 NORTHEAST DIXIE HIGHWAY PROFESSIONAL LAND SURVEYOR JENSEN BEACH, FLORIDA 34967 NO. 4134 STATE OF FLORIDA PHWE 772-33 Mfl SlrTCX TO ACCOMPANY LBGdL D"SCRIPTI0IV PREPARED fOR4 RACEMAC PEMalVM,, INC SITE LOCATED.* STA7E ROAD 512 & 108th AVENUE fELLSMERE, INDIAN RIWR COUNTY, FLOAVDA Fvvr aCRIVA D&OARW r O' MANSPLWA MV POdVT QF ccoo NCEMENT + - PWB" it NW CORNER CF S£1/4, PC p S£1/4, S£C77OAt 20-31-38 NORTH LINE 6 S£11OF S£14 OF S£CIION 20 1� CENTERLINE' AS PER FDOT MAP SEC770N 88081 -2403 SHEET 10OF 11 (I° ( t fUWERE ROAD (STA TF ROAD 512) RI&Yr OF WAY VARIES I OAYMMI R 44 MD LOT LINES FOR `'o 2) I I$ I RA67 AR' W Y TARING (a;e 291 522) (SPADED PGYt7TOW> ly I POW OF BE NO I i 1 rN88tWI0"£ J#o 21 ' j -- SOU7N RIGHT OF WAY LINE AS P£R fL)OT MAP SEC770N 88081-2403 ('SHEET 10 OF 11) w Na33'1,9"E I I ��, !?3 , I ! s0LO 12 LOT 1.3 LOT 1 LOT 12 I I W ` , BLOCK 'D ' BLOCK 'C ' I *+ I K k Q, N "-ak LOT 11 LOT 2q LOT 11 • ."� w 3 W LOT 10 LOT 3 a LOT 14 I I 4 N89tW29 "W y Qm 5aoo o 4 LOT 9 LOT 4 LOT 9 f I N 90%W29 `W J40, 00' I I I 40 ' I I LOT 8 LOT 5 i SKETCH OF DESCRIPTION BLOOMSTER FOR PROFESSIONAL LAND SURVEYORS, INC. RIGHT OF WAY DEDICATION 791 NORTHEAST DiXiE txcwl►Y SHEET 2 OF 2 (NOT 70 SCALE') JENSEN BEACH, FLOMOA 34957 NOT BAUD Nl7HOUT SHEET 1 OF 2 PHONE 772-334-0868 LEGAL DESCRIPTION FOR RIGHT OF WAY ABANDONMENT LEG& DESCR1P770M BEING A PORTION OF 107th COURT (A 60 FOOT RIGHT OF WAY) AS SHOWN ON VERO BEACH ESTATES UNIT N0. 4, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 31 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. BOUNDED AS FOLLOWS, ON THE NORTH BY THE SOUTH RIGHT OF WAY OF FELLSMERE ROAD (S. R. 512) AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION MAP SECTION 88081 -2403, SHEET 10 OF 11 AND AS RECORDED 1N OFFICIAL RECORDS BOOK 290, PAGE 522, INDIAN RIVER COUNTY RECORDS; ON THE EAST BY THE EAST RIGHT OF WAY LINE OF 107th COURT (A 60 FOOT RIGHT OF WAY), ON THE SOUTH BY THE NORTH RIGHT OF WAY LINE OF 94th STREET (A 60 FOOT RIGHT OF WAY), ON THE WEST BY THE WEST RIGHT OF WAY UNE OF 107th COURT (A 60 FOOT RIGHT OF WAY). CONTAINING: 31161 . 18 SQUARE FEET OR 0. 715 ACRES MORE OR LESS. N07ES:• 1. THIS SKETCH OF LEGAL DESCRIPTION DOES NOT REPRESENT A BOUNDARY SURVEY. 2. THE BEARING BASE OF THIS SKETCH OF LEGAL DESCRIPTION IS N 88',,33 'l0 "F ALONG THE SOUTH RIGHT OF WAY LINE OF S. R. 512 3 THE INFORMATION WAS PROVIDED BY "RACETRAC PETROLEUM, INC. " SURVEMRS CERTfR04; ICN.• 1 HEREBY CERTIFY THAT THE "SKETCH TO ACCOMPANY LEGAL DESCRIPTION' WAS PREPARED UNDER MY RESPONSIBLE CHARGE AND MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS AND MAPPERS IN CHAPTER 61G17- 6, FLORIDA STATUTES, AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND B£UEF. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. NOT BAUD WHOUr SHEET 2 OF 2 f ROBERT SLOOMSTER JR. BL0OMSTER ,� °F PROFESSIONAL LAND SURVEYOR PROFESSIONAL LAND 0A1Q NO. 4134 STATE OF FLORIDA SURVEYORS INC. rr �, LA � 791 NORTHEAST DIXIE HIGHWAY JENSEN BEACH, FLORIDA 34957 PHONE 772_334-0808 SXrTCH TO AXOMPANY LBOAL DNSCROMON PREPARED F01?# RAAEMAC P£7ROLEUM, /NC SIZE LOCAWsoSTA 7E ROAD 512 & 105th AVEME FELLWER& /AD/AN RIVER COUNTY, FLORIDA NORTH UNE OF S£f/4 of S£1/4 OF S£C77aV 20-31-38 CENTERLINE AS PER FDOT MAP 5£C770W 88081-2403 (SHEET 10 OF 11) FELLSMERE ROAD (STA TE ROAD 514 2') ORIGINAL PLATTED LOT LINES FOR BLOCK DORICINAL PLA77ED tor UNES FOR BLOCK or Ric rr or wA Yr OW 294 Po > (SYAM RW) SOUTH RiGWT OF WAY UNE S PER FDOT MAP Cl7pN 8808 2403 (SJYE£T 7P 11 LOT 12 LOT 13 LOT f LOT 1 Nm ON � FDOT nORXJA DEPARMNT OF MANSPORTA nOW LOT 12 LOT 13 A R/1Y = RIGHT or wAY PO • PLAT BDQK PG w PACE (P) " PLAT � w 2 BLOCK 19 y BLOCK 'C ' E7v) G'7 (r?I 1301 t't') t� uo (+ ) LOT 11 LOT 20 LOT 1 ) LOT 2 a - LOT 10 LOT 3 OT 10 LOT 3 LtS LOT 9 LOT 4 '' o LOT 9 LOT 4 30 LOT 8 LOT 5 4 LOT 8 LOT 5 6aoo' LOT T LOT 6 LOT 7 LOT 6 R=24000 L= . 25' D=8957"00'"—� �— R=2400* L"No 9 ' D=9OW*00 " i3up G fx0. 00 N8930230W NORTH RIW LINE OF 94th STREET ' CEN7ERUVE OF 94th STREET (60 ' R/W) SKETCH OF DESCRIPTION BLOOMLAND ER PROFESSIONALAL LAND FOR SUR YORS�e NC. RIGHT OF WAY ABANDONMENT 791 NORTHEAST DIXIE HIGHWAY � sH££r 2 OF 2 (Nor ro scALE) rEN HONE�ii7 FLORIDA34957 NOT VALID Nl7HOUr SHEET 1 OF 2 LEGAL DESCRIPTION FOR Exhibit " A" RIGHT OF WAY DEDICATION SHEET 1 OF 2 (NOT W SCALE) NOT VALID WI THOUT SHEET 2 OF 2 LEGAL DESCRIPTION.• BEING A PORTION OF LOTS 12, 11, 10 & 9, BLOCK "D ; VERO LAKE ESTATES UNIT NO. 4, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 31 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA . BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE SE 1/4 OF THE SE 1/4 OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 38 EAST INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00 .32 '37 " WEST ALONG THE WEST LINE OF AFORESAID SE1/4 OF SE1/4, A DISTANCE OF 108. 65 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF STATE ROAD #512 AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION MAP SECTION 88081 -2403 (SHEET 10 OF 11) AND AS RECORDED IN OFFICIAL RECORDS BOOK 290, PAGE 522, INDIAN RIVER COUNTY RECORDS; THENCE RUN NORTH 88733" 10 " EAST ALONG THE SOUTH RIGHT OF WAY LINE OF SAID STATE ROAD #512, A DISTANCE OF 50. 03 FEET TO THE POINT OF BEGINNING (BEING THE INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF 108th AVENUE AND THE SOUTHERLY RIGHT OF WAY LINE OF S. R. #512). FROM SAID POINT OF BEGINNING CONTINUE NORTH 88033 ' 10 " EAST ALONG SAID SOUTHERLY RIGHT OF WAY A DISTANCE OF 50. 03 FEET; THENCE SOUTH 00 .32 '37 " WEST, A DISTANCE OF 319. 18 FEET,• THENCE NORTH 89 '34 '29 " WEST, A DISTANCE OF 50, 00 FEET TO A POINT ON SAID EAST RIGHT OF WAY LINE OF 108TH AVENUE; THENCE NORTH 00 '3237 " EAST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 317. 55 FEET TO THE POINT OF BEGINNING. CONTAINING.• 15918. 30 SQUARE FEET OR 0. 37 ACRES MORE OR LESS. NOTES: 1. THIS SKETCH OF LEGAL DESCRIPTION DOES NOT REPRESENT A BOUNDARY SURVEY. 2. THE BEARING BASE OF THIS SKETCH OF LEGAL DESCRIPTION /S IV 88 '33 '10 'E ALONG THE SOUTH RIGHT OF WAY LINE OF S. R. 512, 3. THE INFORMATION WAS PROVIDED BY "RACETRAC PETROLEUM, INC 10 SURVEYORS CER TIFICATION.• / HEREBY CERT/FY THAT THE 'SKETCH TO ACCOMPANY LEGAL DESCRIPTION " WAS PREPARED UNDER MY RESPONS/BLE CHARGE AND MEETS THE M/N/MUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS AND MAPPERS /N CHAPTER 61G17- 6, FLORIDA STATUTES, AND THAT IT /S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEL /EF. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RA/SED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ,- '�' BLOOMSTER p T M SME -- PROFESSIONAL LAND FA Sara ~ SURVEYORS INC. im Na 10217 "WA u. 0 =6 REVISONS ROBERT BL OOMSTER 791 NORTHEAST DIXIE HIGHWAY PROFESSIONAL LAND SURVEYOR JENSEN BEACH, FLORIDA 34957 NO. 4134 STATE OF FLORIDA PHONE 772-334- 0888 SATTCH TO ACCOMPANY LEGAL DESCRIPTION PREPARED FOR* RACETRAC PETROLEUM, INC. SITE LOCA TED.• STATE ROAD 512 & 108th AVENUE FELLSMERE, INDIAN RIVER COUNTY, FLORIDA FDOT a FLORIDA DEPARTMENT OF TRANSPORTATION POINT OF COMMENCEMENT P = PLAT BOOK NW CORNER OF SE1141 PGO = PAGE SE114, SECTION 20-31 -3B NORTH LINE OF SE1 4 OF SEI 4 OF SECTION 20 I `O I CENTERLINE AS PER FDOT MAP SECTION 88081 -2403 SHEET 10 OF 11 FELLSMERE ROAD (STATE ROAD 512) 3 RIGHT OF WA Y VARIES I,�i I oR/GINAt : PL TMy t0T LINES FOR '8 A- r04K v" , Io ( h'/GHT w Yr : TAKING Cre 20, 522) (SHADE&rr DRncv) I � I99 r pO/NT QF BEG1M NG 99 �. 99 r 1 N88 '33'1l� "E 340, 2t ' SOUTH RIGHT OF WAY LINE AS PER FDOT MAP SECTION 88081 -2403 (SHEET 10 OF 11) o N8 I •33'11"E 0 0. 03 60 • IN I Z LO 12 LOT 13 LOT 1 LOT 12 lob IQJ I , o I j 3 ` BL OCK D o , BLOCK C W I � I to 3 3 ° j � j LOT 11 LOT 2 � Q ,� LOT 11 lob I o � NSONOki J s � � W LOT 10 LOT 3 LOT 10 W � " Z �' N89 34 29 W a Q � 50. 00 ' I I Zdj O cQo o ° LOT 9 LOT 4 LOT 9 I I N 9 '34 '29 "W 340. DO ' 40 * LOT 8 LOT 5 SKETCH OF DESCRIPTION BLOOMSTLER PROFESSIONAL N FOR SURVEYORS INC. nMMA RIGHT OF WAY DEDICATION ` 791 NORTHEAST DIXIE HIGHWAY SHEET 2 OF 2 (NOT TO SCALE) JENSEN BEACH, FLORIDA 34957 NOT VALID WITHOUT SHEET 1 OF 2 PHONE 772- 334-0888 Exhibit " B" LEGAL DESCRIPTION FOR RIGHT OF WAY ABANDONMENT LEGAL DESCR/PT'ON.• BEING A PORTION OF 107th COURT (A 60 FOOT RIGHT OF WAY) AS SHOWN ON VERO BEACH ESTATES UNIT N0. 4, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 31 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA . BOUNDED AS FOLLOWS, ON THE NORTH BY THE SOUTH RIGHT OF WAY OF FELLSMERE ROAD (S. R. 512) AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION MAP SECTION 88081 -2403, SHEET 10 OF 11 AND AS RECORDED IN OFFICIAL RECORDS BOOK 290, PAGE 522, INDIAN RIVER COUNTY RECORDS; ON THE EAST BY THE EAST RIGHT OF WAY LINE OF 107th COURT (A 60 FOOT RIGHT OF WAY); ON THE SOUTH BY THE NORTH RIGHT OF WAY LINE OF 94th STREET (A 60 FOOT RIGHT OF WAY); ON THE WEST BY THE WEST RIGHT OF WAY LINE OF 107th COURT (A 60 FOOT RIGHT OF WAY). CONTAINING: J1161018 SQUARE FEET OR 0. 715 ACRES MORE OR LESS. NOTES: 1. THIS SKETCH OF LEGAL DESCRIPTION DOES NOT REPRESENT A BOUNDARY SURVEY. 2. THE BEARING BASE OF THIS SKETCH OF LEGAL DESCRIPTION /S N. 88133110 0E ALONG THE SOUTH RIGHT OF WAY LINE OF S. R. 512. THE INFORMATION WAS PROVIDED BY 'PACETRAC PETROLEUM, INC, SURVEYORS CERT/F/CAT/ON.• / HEREBY CERT/FY THAT THE 'SKETCH TO ACCOMPANY LEGAL DESCRIPTION " WAS PREPARED UNDER MY RESPONSIBLE CHARGE AND MEETS THE M/N/MUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS AND MAPPERS IN CHAPTER 61 G 17- 6, FLORIDA STATUTES, AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEL /EF. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RA/SED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. NOT VALID WITHOUT SHEET 2 OF 2 S' :OF2 OF 2 ROBERT SL OOMSTE JR. BL O OMS TER SHEET ',0 SCAE PROFESSIONAL LAN SURVEYOR PROFESSIONAL LAND tDA ;Q,�,NO. 4134 STATE OF FLORIDA SURVEYORS) NC. R 10217�nsoHs 791 NORTHEAST DIXIE HIGHWAY JENSEN BEACH, FLORIDA 34957 PHONE 772-334-0888 SKaTCH TO ACCOMPANY LEGAL DESCRIPTION PREPARED FOR* RACETRAC PETROLEUM, INC. SITE LOCATED: STATE ROAD 512 & 108th AVENUE FELLSMERE, INDIAN RIVER COUNTY, FLORIDA I ` NORTH LINE OF SE114 OF SE114 OF SEC7701V 20-31 -38 CENTERLINE AS PER FDOT MAP SECTION 88081 -2403 (SHEET 10 OF 11) FRLLSMERE ROAD (STA TE ROAD 512) ORIGINAL PLATTED L 0 T LINES FOR BLOCK 'DORIGINAL PLATTED LOT LINES FOR BLOCK 'C ' !r. .".. WAY T. NG (c�Ra PG . ) (Sl#AQED oRnav) " P DN a$Oa - 40 � (sHETrod OFr. FD. )7LMAsc1 61nrr OO LOT 12 LOT 13 LOT 1 a N88'33'11 "L p LOT 1 60. 0' FOOT = FLORIDA GEPARIMENT O OF 7RANSPORTA FION LOT 12 LOT 13 o N R/W = RIGHT OF WAY PB = PLAT BOOK U PG = PAGE p (P) = PLAT W � 2 BLOCK D ' ° � BLOCK 'C ' 87 �(P) W Q 87J(P) 130 "(P) 130 (P) LOT 11 LOT 2 � ^ LOT 11 LOT 2 a J 130 (P) 130 '(P) LOT 10 LOT 3 � k LOT 10 LOT 3 V 3 ^ mW 130 (P) <INQ `C Q O o N ; 3 LOT 9 LOT 4 a � o LOT 9 LOT 4 Ir N 2 N ° 0 130 (P) 130 '(P) N � W LOT 8 LOT 5 � LOT 8 LOT 5 � p 130 (P) 130 (P) 60. 00 ' LOT 7 LOT 6 t r) LOT 7 LOT 6 R=25. 00 ' L= . 25 ' 0=8957'00 " �� R=25. 00 ' L =39. 29 ' D=90ti3 '00 " 130 (P) 110. 00 ' 130 '(P) Q) N893023"W NORTH R/W LINE OF 94th STREET CENTERLINE OF 94th STREET (60 ' R/W) SKETCH OF DESCRIPTION BLOOMSTER PROFESSIONAL LAND FOR SURVEYORS `NC . RIGHT OF WAY ABANDONMENT 791 NORTHEAST DIXIE HIGHWAY SHEET 2 OF 2 (NOT TO SCALE) JENSEN BEACH, FLORIDA 34957 PHONE 772- 334-0888 NOT VALID wwouT SHEET 1 OF 2