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Home My WebLink About2009-184 ORIGINAL . AGREEMENT TO PURCHASE , SELL , AND LEASE REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND RICHARD L . GALLAGHER , JR . THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement' ) is made and entered into as of the 2 *3rclday of ,T „ nP , 2009 , by and between Indian River County , a political subdivision of the State of Florida ( "the County" ) , and Richard L . Gallagher, Jr . , ( Seller") , who agree as follows : WHEREAS , Richard L . Gallagher, Jr . owns property located at 6630 49th Street , Vero Beach , Florida . A sketch and legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein ; and WHEREAS , the County , is scheduled to expand 66th Avenue in the future and the road expansion will impact and affect the Gallagher property ; and WHEREAS , in order for the County to proceed with its road expansion plans , the County needs to purchase property to be used as right-of-way from landowners adjacent to 49th Street ; and WHEREAS , the County has contacted Richard L . Gallagher , Jr. and has offered to purchase approximately 0 . 425 acres of property from Richard L . Gallagher , Jr . to be used as right-of-way as depicted on Exhibit "A" (the Property) ; and has offered to purchase 0 . 134 acres of property from Richard L . Gallagher , Jr . to be used as an access easement for a sidewalk as depicted on Exhibit " B " ; and WHEREAS , the County is prepared to take the Property by using its power of eminent domain ; and WHEREAS , Richard L . Gallagher , Jr. and the County wish to avoid the risk , time and expense of litigation by entering into this agreement for sale and purchase of the Property , NOW, THEREFORE , in consideration of the mutual terms , conditions , promises , covenants and premises hereinafter , the COUNTY and SELLER agree as follows : 1 . Recitals . The above recitals are affirmed as being true and correct and are incorporated herein 1 ORIGINAL 2 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County , and the County hereby agrees to purchase from Seller , upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 6630 49th Street , Vero Beach , Florida and more specifically described in the sketch and legal description attached as Exhibit "A" , fee simple , containing approximately 0 . 425 acres , and an access easement with sketch and legal description , attached as Exhibit " B " , containing approximately 0 . 134 acres , all improvements thereon , together with all easements , rights and uses now or hereafter belonging thereto ( collectively , the " Property" ) . 2 . 1 Purchase Price , Effective Date . The purchase price (" Purchase Price ") for the Property shall be $25 , 461 (Twenty Five Thousand Four Hundred Sixty-One Dollars ) . The Purchase Price shall be paid on the Closing Date . The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement , either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority . 3 . Title . Seller shall convey marketable title to the Property by warranty deed free of claims , liens , easements and encumbrances of record or known to Seller ; but subject to property taxes for the year of Closing and covenants , restrictions and public utility easements of record provided (a ) there exists at Closing no violation of any of the foregoing ; and ( b ) none of the foregoing prevents County's intended use and development of the Property ( " Permitted Exceptions " ) , 3 . 1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property . County shall within fifteen ( 15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects . Title shall be deemed acceptable to County if ( a ) County fails to deliver notice of defects within the time specified , or ( b ) County delivers notice and Seller cures the defects within thirty ( 30 ) days from receipt of notice from County of title defects ( " Curative Period ") . Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period , County shall have thirty ( 30 ) days from the end of the Curative Period to elect , by written notice to Seller, to : ( i ) to terminate this Agreement , whereupon shall be of no further force and effect , or ( ii ) extend the Curative Period for up to an additional 90 days ; or ( iii ) accept title subject to existing defects and proceed to closing . 4 . Representations of the Seller. 4 . 1 Seller is indefeasibly seized of marketable , fee simple title to the Property , and is the sole owner of and has good right , title , and authority to convey and transfer the Property which is the subject matter of this Agreement , free and clear of all liens and encumbrances . 4 . 2 From and after the Effective Date of this Agreement , Seller shall take no action which would impair or otherwise affect title to any portion of the Property , and shall record no documents in the Public Records which would affect title to the Property , without the prior written consent of the County . 2 012IGIN ,IL. 4 . 3 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority , school district , drainage district or any other special taxing district . 5 . Default . 5 . 1 In the event the County shall fail to perform any of its obligations hereunder , the Seller shall , at its sole option , be entitled to : ( i ) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance , damages , or otherwise against the County ; or ( ii ) waive the County' s default and proceed to Closing . 5 . 2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall , at its sole option , be entitled to : ( i ) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance , damages or otherwise against the Seller ; or ( ii ) obtain specific performance of the terms and conditions hereof; or ( iii ) waive the Seller' s default and proceed to Closing : 6 , Closing , 6 . 1 The closing of the transaction contemplated herein ( " Closing " and " Closing Date " ) shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners . The parties agree that the Closing shall be as follows : ( a ) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property , free and clear of all liens and encumbrances and in the condition required by paragraph 3 . ( b ) The Seller shall have removed all of its personal property and equipment from the Property and Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. ( c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so , County may use a portion of Purchase Price funds to satisfy the encumbrances . (d ) If the Seller is a non - resident alien or foreign entity , Seller shall deliver to the County an affidavit , in a form acceptable to the County , certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 19K ( e ) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction . 6 . 2 Taxes . All taxes and special assessments which are a lien upon the property on or prior to the Closing Date ( except current taxes which are not yet due and payable) shall be paid by the Seller . 3 ORIGINAL 7 . Closing Costs ; Expenses . County shall be responsible for preparation of all Closing documents . 7 . 1 County shall pay the following expenses at Closing : 741 . 1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement . 7 . 1 . 2 Documentary Stamps required to be affixed to the warranty deed . 7 . 1 . 3 All costs and premiums for the owner's marketability title insurance commitment and policy , if any . 7 . 2 Seller shall pay the following expenses at or prior to Closing : 7 . 2 . 1 All costs necessary to cure title defect(s) or encumbrances , other than the Permitted Exceptions , and to satisfy or release of record all existing mortgages , liens or encumbrances upon the Property . 8 , Miscellaneous . 8 . 1 Controlling Law , This Agreement shall be construed and enforced in accordance with the laws of the State of Florida . Venue shall be in Indian River County for all state court matters , and in the Southern District of Florida for all federal court matters . 8 . 2 Condemnation . In the event that all or any part of the Property shall be acquired or condemned for any public or quasi - public use or purpose , or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction , County shall have the option to either terminate this Agreement , and the obligations of all parties hereunder shall cease , or to proceed , subject to all other terms , covenants , conditions , representations and warranties of this Agreement , to the Closing of the transaction contemplated hereby and receive title to the Property ; receiving , however , any and all damages , awards or other compensation arising from or attributable to such acquisition or condemnation proceedings . County shall have the right to participate in any such proceedings . 8 . 3 Entire Agreement . This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements , written or oral , between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties . 8 . 4 Assignment and Binding Effect . Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party . The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns . 4 ORIGINAL 8 . 5 Notices . Any notice shall be deemed duly served if personally served or if mailed by certified mail , return receipt requested , or if sent via " overnight" courier service or facsimile transmission , as follows : If to Seller: Richard L . Gallagher, Jr. 825 Rosebush Terrace Sebastian , FL 32958 If to County : Indian River County 1801 27th Street Vero Beach , FL . 32960 Attn : Land Acguisition/Louise Gates Either party may change the information above by giving written notice of such change as provided in this paragraph . 8 . 6 Survival and Benefit . Except as otherwise expressly provided herein , each agreement , representation or warranty made in this Agreement by or on behalf of either party , or in any instruments delivered pursuant hereto or in connection herewith , shall survive the Closing Date and the consummation of the transaction provided for herein . The covenants , agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto , its successors and assigns , and are not made for the benefit of, nor may they be relied upon , by any other person whatsoever . 8 . 7 Attorney' s Fees and Costs . In any claim or controversy arising out of or relating to this Agreement , each party shall bear its own attorney' s fees , costs , and expenses . 8 . 8 . Counterparts . This Agreement may be executed in two or more counterparts , each one of which shall constitute an original . 8 . 9 . County pproval Required : This Agreement is subject to approval by the Indian River County as set forth in paragraph 2 . 8 . 10 Beneficial Interest Disclosure : In the event Seller is a partnership , limited partnership , corporation , trust , or any form of representative capacity whatsoever for others , Seller shall provide a fully completed , executed , and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286 . 23 prior to approval of this Agreement by the County . However , pursuant to Florida Statutes Section 286 . 23 ( 3 ) ( a ) , the beneficial interest in any entity registered with the Federal Securities and Exchange Commission , or registered pursuant to Chapter 517 , Florida Statutes , whose interest is for sale to the general public , is exempt from disclosure ; and where the Seller is a non - public entity , that Seller is not required to disclose persons or entities holding less than five ( 5 % ) percent of the beneficial interest in Seller . 5 ORIGINAL 8 . 11 Fees and Costs : County agrees to pay a reasonable attorney' s fee to review the enclosed documents and provide legal advice as to your best interests in the endeavor . 8 . 12 " Seller acknowledges receipt of the " Notice to Owner" and understands his//hie. r rights granted under Florida Law Chapters 73 and 74 . " / i - Initials IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the date first set forth above . INDIAN RIVER COUNTY , FLORIDA BOARD OF POUNTY COMMISSIONERS Wesley S . Davis , Chairman Richard L . OP5llagl er Date Approved by BCC June 2 3 , 2009 ATTEST : Jeffrey K . Barton , Clerk of Ct C ircu ' urt Deputy Clerk Approved : � J seph A . Baird , County Administrator t A ppN ioed as to / orm1 yand Le )) Sufficiency : fiV ( 'f County Attorney 6 SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEY ! � � � LOCATION MAP: NOT TO SCALE I T A 619 Gist t . v - _ c 13 v ; 59th ;St . 17 16 li �, N . 78 Q OWNER;Relief Canal P I E 53rd St . —" RICHARD L. GALLAGHER , JR . - P Site - - � - - - - ; - - c 49th St . 20 Q 21 24 C 45th SDo tell LEGAL DESCRIPTION : PARCEL 138 A PARCEL OF LAND BEING THE NORTH 38. 00 FEEL. OF THE SOUTH 68. 00 FEET, LESS THE EAST 274. 00 FEET AND LESS THE WEST 486 . 93 FEET OF TRACT 8 , INDIAN RIVER FARMS CO. PLAT OF LANDS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25 , PUBLIC RECORDS , SAINT LUCIE COUNTY, FLORIDA, LYING WITHIN SECTION 19 , TOWNSHIP 32 SOUTH , RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 0 . 425 ACRES , MORE OR LESS . ALL LYING WITHIN THOSE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 1328 , PAGE 2478 , PUBLIC RECORDS , INDIAN RIVER COUNTY, FLORIDA. CERTIFICATION : I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G17 - 6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS , PURSUANT TO SECTION 472 . 027, FLORIDA STATUTES , AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID . - NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON . THERE HAS BEEN NO FIELD WORK, VIEWING OF THE PERRY WHITE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION PROF, SIONAL LAND SURVEYOR AND MAPPER WITH THE PREPARATION OF THE INFORMATION SHOWN LICENSE N0, 4213 , STATE OF FLORIDA HEREON . NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTEDATE: 03/28/07 REV: 04/28/09 BEJ EASEMENTSDOFORECORD. ICTIONS , RIGHTS-OF-WAY AND PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY V2. ARCADIS P PCW . P� a SHEET TITLE DATE: DRAWN BY o ADDITIONAL R/W 03/28/07 JAF ARCADIS U . S . , INC . m PROJECT NUMBER DRAWING NUMBER 2081 Vista Parkway Tel: (561) 6974000 Fax: (581 ) 697-7751 WP001053 1053SD 138 Q West Palm Beach, Florida 33411 www,arcadis-us.com SHEET 1 OF 2 SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEY! LEGEND : k - BASELINE IRFC - INDIAN RIVER FARMS COMPANY L - LEFT O . R . B . - OFFICIAL RECORDS BOOK I P. B . - PLAT BOOK PG. - PAGE I R - RIGHT ZI R/W - RIGHT- OF-WAY00 o 1 STA. - STATION C 1 I N 1 S . L. C . R - ST. LUCIE COUNTY RECORDS � � I z 00 � � II ~ < w cn ct� I TRACT 8 v I ~ P . B . 2 , PG . 25 , S . L. C . R . V' Cf; I ADDRESS ; 49TH STREET °D �r; I VERO BEACH , FL. , 32967 `� 80000011a PID - 3239190000100 . I c5 I I c I O . R . B . 2205 , PG . 4400 1 I N I1 c� N I SECTION BII M 39 1 0 486 . 9311 oo I m �-- �---I STA: 697 + 69 . 68L�Jz + J STA: 702 + 56 . 04 OFFSET: 28 . 97 L UJ o Q OFFSET: 24. 00 L ¢ 1 274.00 ' w Z 13s I N00' 08 ' 58"E o w o SO0808 ' 1 oftw I 38 . 00 0Q s3$ 38 . 00 1 — S89'53 14 E oa 486 .93 07 698 +00 699 + 00 "' `o 1 — 700 + 00 701 +00 0 702 + 00 703 + 00 N89053' 1 4V o 486 . 94' C i LINDSEY ROAD / 49Th STREET OF SURVEYo I STA: 702 + 56 . 02. i OFFSET: 14 . 00 R STA: 697 + 68 . 84 OFFSET: 9 . 02 R SOUTH LINE TRACT 8 60 ' SUB - LATERAL "A- 8 " CANAL INDIAN RIVER FARMS CO . PLAT OF LANDS P . B . 2 , PG . 25 , S . L. C . R . OWNER: RICHARD L. GALLAGHER , JR . PROJECT MANAGER DEPARTMENT MANAGER SCALE CHECKED BY a NMI ARCADIS n HETET TITLE PCW ��- BD D BY ADDITIONAL R W 03/26/07 ,JAF ARCADIS U . S . , INC . a3 / PROJECT NUMBER DRAWING NUMBER 2061 Vista Parkway Tel: (561) 6974000 Fax: (561 ) 697-7751 WPOO1053 1053SD138 Q West Palm Beach, Florlda 33411 www.amadis-us.com SHEET 2 OF 2 Parcel ID # 32 -39- 19-00001 -0080-00001 . 1 Instrument prepared by and should be returned to the EXH 1 B I T B County Attorney 's Office 18012 7,h Street, Vero Beach, FG 32960-3388 EASEMENT This Grant of Easement, made and executed this day of May, 2009 , by Richard L. Gallagher, Jr. , GRANTOR* , to INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960- 3388, hereinafter called GRANTEE * , *Whenever used herein the term GRANTOR and GRANTEE include all parties to this instrument and their heirs , legal representatives , successors , and assigns . WITNESSETH : That GRANTOR for and in consideration of the sum of One Dollar and other consideration, receipt of which is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey, and confirm unto the GRANTEE an easement for ACCESS; PEDESTRIAN SIDEWALK on, over, across , and beneath the following described land, together with the right of reasonable ingress and egress over and across the following described land as is necessary to the GRANTEE's use of the right granted herein, situate in Indian River County, Florida, to-wit: SEE EXHIBIT "114" ATTACHED HERETO AND MADE A PART HEREOF And GRANTOR hereby covenants with said GRANTEE that it is lawfully seized of the premises in fee simple, and that it has good right and lawful authority to convey the easement established hereby. IN WI'1NESS WHEREOF the GRANTOR has herein set its hand and seal the day and year first above written . Signed, sealed, and delivered in the pre nce of / sigrt l ' i ,�. t.� anh -e Oari ne p to e: `r By 'wt sAn 41 Richard L. allagher, J . Witness L��/T printed n (� � `JL STATE OF FLORIDA COt? NTY OF INDIAN RIVER The foregoing instrument was sworn to and subscribed befo me s day f- 44ay; ..0 by Richard L. Gallagher, Jr. He is personally known to me or produced as i efication . 1gn oll " wiftti A . Gates Notary Public `# : • : Commission # DD597803 .. .. ' Expires September 21 , 2010 �ni �It Bonded Tmy Fain - InsutanOt. IPA sgpw>I 441p SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEY ! LOCATION MAP: NOT TO SCALE 619 61st Ist . v — .O 13 U 59th St . 17 16 II , C N_ 18 Relief _ Canal OWNER : P JJ J 53rd St . _ RICHARD L. GALLAGHER , JR. _ P Site - - � - - - > C 49th St . 2o Q 21 D {� 240 19 . . . . . . . . . . . . . P , 45th S all LEGAL DESCRIPTION : PARCEL 838 A PARCEL OF LAND BEING THE NORTH 12 . 00 FEET OF THE SOUTH 80 .00 FEET, LESS THE EAST 274 . 00 FEET AND LESS THE WEST 486.93 FEET OF TRACT 8 , INDIAN RIVER FARMS CO. PLAT OF LANDS , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 , PAGE 25 , PUBLIC RECORDS , SAINT LUCIE COUNTY, FLORIDA, LYING WITHIN SECTION 19 , TOWNSHIP 32 SOUTH , RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 0 . 134 ACRES , MORE OR LESS . ALL LYING WITHIN THOSE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 2205 , PAGE 44, PUBLIC RECORDS , INDIAN RIVER COUNTY, FLORIDA. CERTIFICATION : I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G17- 6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS , PURSUANT TO SECTION 472 . 027 , FLORIDA STATUTES , AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER , THIS LEGAL DESCRIPTION AND SKETCH IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON . THERE HAS BEEN NO FIELD WORK, VIEWING OF THE PERR C . W TE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION P ESSIONAL LAND SURVEYOR AND MAPPER WITH THE PREPARATION OF THE INFORMATION SHOWN L CENSE N0 . 4213 , STATE OF FLORIDA HEREON . NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS , RIGHTS - OF-WAY AND DATE: 04/28/09 EASEMENTS OF RECORD . PROJECT MANAGER DEPARTMEM 11ANAGER SCALE CHECKED BY s ARCADIS PCW s T PCw o 28/09 DRAWN 13Y iff PROJECT NUMBER DRAWING NUMBER ARCADIS U . S . , INC . 9 12 ' ACCESS EASEMENT 1053SD838 2081 Vista Parkway Tel: (561 ) 697-7000 Fax: (561 ) 697.7751 WP001053 (91 _ West Palm Beach, Florida 33411 wwwarcadis•us.com SHEET 1 OF 2 SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEY! LEGEND. - BASELINE IRFC - INDIAN RIVER FARMS COMPANY L - LEFT I O . R. B . - OFFICIAL RECORDS BOOK �\ I P . B . - PLAT BOOK PG . - PAGE I I R - RIGHT I R/W - RIGHT- OF-WAY o z a0 I STA. - STATIONw DO 00 I �( S . L. C . R . - ST. LUCIE COUNTY RECORDS Ln ry v w � i I � Q w N � TRACT 8 P . B . 2 , PG . 25 , S . L. C . R . I of I ADDRESS ; 49TH STREET ' cl� VERO BEACH , FL. , 32967 I 0 N l PID - 32391900001008000001 . 1uo I O . R . B . 2205 , PG . 44 I 00 UO I I U N N I SECTION 19-32 -39 I C m I I l I o I N STA: 702 + 56 .04 00 1486 . 93 ' I U Luo OFFSET: 36 . 00 L I a: -' STA : 697 + 69 . 95 ¢ z 274. 00 I ' rOFFSET: 40 . 9fi L o� 139 j f N00008 ' 58 "E ccv , 0 o S00608' 10 "W —" I 12000 rn Q see 12 . 00 S89`53 14"E � 486 . 93 ' — N89' 53 ' 14"W o � � 486 .93 138 i 107 r� 698 + 00 699 + 00 _ r _ 700 + 00 + .«. ® ®7�1 + 0� � � 02 +ODS ® T1�703 + 00 r. LINDSEY ROAD / t49fh STREET �- �` of SURVEY o — STA: 702 + 56 .04 i OFFSET. 24 .00 L STA: 697 + 69 . 68 OFFSET: 28 . 97 L SOUTH LINE TRACT 8 60 ' SUB — LATERAL "A- 8 " CANAL INDIAN RIVER FARMS CO . PLAT OF LANDS -- ----- - - - --- - -- - - - - - OWNER : RICHARD L. GALLAGHER, JR . d PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY PCW PCW 1 ' = 80' PCW A W72 1 ARCADIS O SHEETTffLE ZB/09 AWN BY ARCADIS U . S . , INC . B 12 ' ACCESS EASEMENT PROJECT NUMBER DRAWING NUMBER I i 1053SD83 $ 1 2081 Vista Parkway Tel: (561 ) 697-7000 Fax: (561 ) 697-7751 WP001053 Q West Palm Beach, Florida 33411 www.arcadls-us.com SHEET 2 OF 2 FI — Pal`,o-)ls 138 491h Street/66`h Avenue Part of Parcel ID #32 - 39 - 19- 00001 -0080- 00001 . 1 Instrument propared by and should be 2007042 returned to the County Attorney's Office T His DGCUMENT HAS :3 . EN RFCORDFD IN THE PL 3 _ I0 RE _ : CJFDS OF INDIAN RIVER COL TTY FL BK :2356 PG 4954 Fag( ! ] of 3 07 '2.4, =?009 at 08 ; 18 NM , DOC - , ;K F D C1 ? n 4 ? F 'rDFY K BA RTI ( ; I_ = RK G . C ( %) RT STATUTORY WARRANTY DEED THIS INDENTURE , made this `' day of c u z"10 "9 2009 , between RICHARD L . GALLAGHER , JR . , 825 Rosebush Terrac Sebastian , FL 32958 , GRANTOR , and INDIAN RIVER COUNTY, a political subdivision of the State of Florida , 1801 27th Street , Vero Beach , FL 32960 , GRANTEE , WITNESSETH THAT : GRANTOR , for and in consideration of the sum of Nineteen Thousand One Hundred Twenty- Five and 00/100 Dollars for the Land and other good and valuable consideration to GRANTOR in hand paid by GRANTEE , the receipt of which is hereby acknowledged , has granted , bargained , and sold to the GRANTEE , and GRANTEE ' S successors and assigns forever , the following described land , situate , lying , and being in Indian River County , Florida : SEE EXHIBIT " A" ATTACHED HERETO AND MADE A PART HEREOF AND GRANTOR does hereby fully warrant the title to the land set forth on Exhibit "A" and will defend the same against the lawful claims of all persons whomsoever . Signed ir� the presence of : sign : �G ' co Witness Witness printed name : -:: ) (U�\ d CCL E Lam) r l Richar . Ga vher , Jr . sign : C. R . Witness 7 printed name : L.vf1 /Q . STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this �� `� day of 20097 by RICHARD L . GALLAGHER , JR . , who is personally known to me or-.l sign Stamped seal with printed NOTARY PUBLIC name and commission # : �430r °?#,G Notary Public State of Florida Lea R Keller N a My commission LDD782675 Expires 05/ 15/2012 OF X04 SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEY ! LOCATION MAP : NOT TO SCALE EXHIBITA 619 1 61st '5t . — 0 _ c 59th ISt . 17 16 00I � N . 18 > Relief Can_ aI P I J 53rd `� St . RICHARD L. GALLAGHER , JR . _ P Site - (10 St . 20 a C 49th 21 24 C 19 . . . . . . . . . . . . . iP Ir 45th S : 00 LEGAL DESCRIPTION : PARCEL 138 A PARCEL OF LAND BEING THE NORTH 38 . 00 FEET OF THE SOUTH 68. 00 FEET, LESS THE EAS1' 274. 00 FEET AND LESS THE WEST 486 . 93 FEET OF TRACT 8, INDIAN RIVER FARMS CO. PLAT OF LANDS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25 , PUBLIC RECORDS , SAINT LUCIE COUNTY, FLORIDA, LYING WITHIN SECTION 19 , TOWNSHIP 32 SOUTH , RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 0 . 425 ACRES , MORE OR LESS . ALL LYING WITHIN THOSE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 1328 , PAGE 2478 , PUBLIC RECORDS , INDIAN RIVER COUNTY, FLORIDA. CERTIFICATION : I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G174 , FLORIDA. ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS , PURSUANT TO SECTION 472 . 027, FLORIDA STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER , THIS LEGAL DESCRIPTION AND SKETCH IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID . NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON , THERE HAS BEEN NO FIELD WORK , VIEWING OF THE PERRY WHITE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION PROF SIONAL LAND SURVEYOR AND MAPPER WITH THE PREPARATION OF THE INFORMATION SHOWN LICENSE NO. 4213 , STATE OF FLORIDA HEREON . NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS , RIGHTS-OF-WAY AND DATE: 03/28/07 REV: 04/28/09 BEJ EASEMENTS OF RECORD. s PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY ARCADIS m PCW PCW 2 /0 PCW a SHEET TITLE ATE, 07 DRAWN BY " ADDITIONAL R/W PROJECT NUMBER DRAWING NUMBER ARCADIS U . S . , INC . m 2081 Vista Parkway Tel: (561 ) 697-7000 Fax: (561 ) 697.7751 J WP001053 1053S D 138 Q West Patin Beach, Florida 33411 wwwarcadis-us.mm SHEET 1 OF 2 SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEY! LEGEND: k - BASELINE IRFC - INDIAN RIVER FARMS COMPANY L - LEFT O. R . B. - OFFICIAL RECORDS BOOK I P. B . - PLAT BOOK j PG. - PAGE I 1 I R - RIGHT I 1 L I R/W - RIGHT- OF-WAY a 00 J I STA. - STATION co '~I 1 a I S . L. C. R. - ST. LUCIE COUNTY RECORDS � � i Z 00 Ld J U W I Ln Cr I n � TRACT 8 I P . B . 21 PG . 25 , S. L. C . R . "' i I ADDRESS ; 49TH STREET VERO BEACH , FL. , 32967 ( c 3 1 I `� I PID - 32391900001008000001 . 1 I -' cr.Fvi I I O . R . B . 2205 , PG . 44 I c cV I U N I SECTION 19-32=39 I o 3 ± C7 I 486 . 93 ' 1 o I m I IL V) f- + STA: 702 + 56 .04 I STA: 697 + 69 . 68 LI OFFSET: 28 . 97 L u ui CD ¢ OFFSET: 24. 00 L I 274.00 ' I ¢ W Z 139 I N00'08 ' S8"E on co c S00' 08 ' 1OV I 38 . 00 N o M a s3s 38A0 -�I — S89'53 14T' 1f 486.93 1 107 J i 698 +00 699 +00 _ 700 +00 701 +00 702 00 703 +00 N89053 ' 1 4V o 486. 94' LINDSEY ROAD / J49th STREET ® OF SURVEY o ? STA: 702 + 56 .02 JIM + OFFSET: 14 . 00 R STA: 697 + 68 . 84 SOUTH LINE OFFSET: 9 . 02 R TRACT 8 60 ' SUB - LATERAL "A- 8 " CANAL INDIAN RIVER FARMS CO . PLAT OF LANDS P . B . 2 , PG . 25, S . L:C . R e � OWNER: EXHIBIT RICHARD L. GALLAGHER , JR . PCW DAHfMENT YMIAGER SCALE EKED BY NSHEET TME DATE: DRAWN BY AR ADIS o 03/28/07 �+ . III ADDITIONAL R W ARCADIS U . S . , IN <rm PIPNUMBER DRAWING NUMBER 2081 Vista Parkway Tel: (561 ) 89?-7800 Fwc (561 ) 697.7751 WP001053 1053SDI 38 (DI West Palm Beach, Modda 33411 www.arcadis•us.ow SHm 2 DF 2 Parcel ID # 32-39- 19-00001 -0080-00001 . 1 Instrur %vi prepared by and should be returned to the County Attorney 's Of 2007043 180127`hStreet, Vero Beach, FT 32960-3388 THIS DOCUMENT HAS :3 -= EN RECORDED IN THE F' L 3 _ IC RE :: OF DS OF I %IDIAN RIVER COL N TY FL BK 2356 FIG 498 , Fag ( � 1 of 3 0; ?4 '2009 at 08 18 AM , DO C7 K- r C 4n 70 JEFFRE ' K BARTON , CI_ = RK O Cc ) URT EASEMENT t� This Grant of Easement, made and executed this �a y — lgy , 2009 , by Richard L. Gallagher, Jr. , GRANTOR* , to INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960- 3388, hereinafter called GRANTEE * , *Whenever used herein the term GRANTOR and GRANTEE include all parties to this instrument and their heirs, legal representatives , successors , and assigns . WITNESSETH : "That GRANTOR for and in consideration of the sum of One Dollar and other consideration, receipt of which is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey, and confirm unto the GRANTEE an easement for ACCESS; PEDESTRIAN SIDEWALK on, over, across , and beneath the following described land, together with the right of reasonable ingress and egress over and across the following described land as is necessary to the GRANTEE 's use of the right granted herein, situate in Indian River County, Florida, to-wit: SEE EXHIBIT "134" ATTACHED HERETO AND MADE A PART HEREOF And GRANTOR hereby covenants with said GRANTEE that it is lawfully seized of the premises in fee simple, and that it has good right and lawful authority to convey the easement established hereby. IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seal the day and year first above written . Signed, sealed, and delivered in the rp cc of: sign �GC��i� �%� � CC,�-L,�•� . --� Witness - printed ame: By sign u t b cL 1 1 � Richard L 7allag er, . itn 1 printed name: STATE OF FLORIDA COUNTY OF INDIAN RIVER # The foregoing instrument was sworn to and subscribed before me _this d a yvl(a Richard L. Gallagher, Jr. I-le is personally known to me or produced as id lbt> fication . Sta ,5,ca L Commiss m 6 t s �'omm son # DD597803 No ublic : tl :� Expires September 21 , 2010 � n41 senWtl Troy Fen - Inwrence Inc. x00385-7019 SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEY ! LOCATION MAP: NOT TO SCALE 619 61st IlSt . T _ a eat 59th Ste 1s a0 � � I �, N . 1B > Relief _ Canal P of I J : 53rd Q St . _ RICHARD L. GALLAGHER, JR. _ PT- Site o > _ 49 th c0 ; St . 20 Q 21 a olm 24 C I 19 ::._. L •::614:. :7::6161 p 6161: . . , 6161: 6161: iP , � 45th S � LEGAL DESCRIPTION : PARCEL 838 A PARCEL OF LAND BEING THE NORTH 12 .00 FEET OF THE SOUTH 80 .00 FEET , LESS THE EAST 274 . 00 FEET AND LESS THE WEST 486 .93 FEET OF TRACT 8 , INDIAN RIVER FARMS CO. PLAT OF LANDS , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 , PAGE 25 , PUBLIC RECORDS , SAINT LUCIE COUNTY, FLORIDA, LYING WITHIN SECTION 19 , TOWNSHIP 32 SOUTH , RANGE 39 EAST, INDIAN RIVER COUNTY , FLORIDA. CONTAINING 0 . 134 ACRES, MORE OR LESS . ALL LYING WITHIN THOSE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 2205, PAGE 44, PUBLIC RECORDS , INDIAN RIVER COUNTY, FLORIDA. CERTIFICATION : I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS , CHAPTER 61G17 - 6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS , PURSUANT TO SECTION 472 . 027 , FLORIDA STATUTES , AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON . THERE HAS BEEN - NO - FIELD WORK , VIEWING OF THE PERK C . W TE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION P ESSIONAL LAND SURVEYOR AND MAPPER WITH THE PREPARATION OF THE INFORMATION SHOWN L CENSE N0 . 4213 , STATE OF FLORIDA HEREON . NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS, RIGHTS- OF- WAY AND DATE: 04/28/09 EASEMENTS OF RECORD . PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY $.2, Am �W P 2 PCW a SHEET TTTLE DATE: DRAWN BY 0 04/28/09 JAF ARCADIS U . S . , INC . m 12' ACCESS EASEMENT PROTECT NUMBER DRAWING NUMBER 2081VIs1aParkway Tel: (561 ) 6974000 Fax: (561 ) 697-7751 WP001053 1053SD838 0 West Palm Beach, Florida 33411 www.arcadis•us.com SHEET 1 OF 2 SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEY ! I LEGEND, - BASELINE IRFC - INDIAN RIVER FARMS COMPANY L - LEFT I O. R . B . - OFFICIAL RECORDS BOOK I I P . B . - PLAT BOOK PG. - PAGE I R - RIGHT I Z: R/W - RIGHT- OF-WAY o STA, - STATION 00 I —" S. L. C. R . - ST. LUCIE COUNTY RECORDS � � I i z co r?rLij J � w TRACT 8 U +fd u ' P . B . 21 PG . 25 , S . LC . R . "' ADDRESS ; 49TH STREET Co u') I VERO BEACH , FL. , 32967 I'mmmQ "' PID - 32391900001008000001 . 1 I I O . R . B . 2205 , PG . 44 oo 1 N I SECTION 19-32-39CE Cp I �— 1L N i CD CV V Z o 486 . 93 ' STA: 702+ 56 .04 I C6 V L� i STA: 697 + 69 . 95 ¢ m + J I /'OFFSET: 40 . 96 L 0 Q I 274. 00 ' Z: � ' 39 I N00'08 ' 58 "E CN C o S00' 08 ' 10 "W. 12 .00 Y 5 1200 S89`53 ' 14"E 486. 93 ' I _ N89' 53 ' 14"Wco � 486 .93 13s f 107 698 + 00 699 + 00Lo I 700 + 00 ® 701 +00 X7.02 + 00 703 + 00 _ — — — — — LINDSEY ROAD / 49th STREET f OF SURVEY STA: 702 + 56 .04 � + OFFSET: 24 .00 L STA: 697 + 69 . 68 OFFSET: 28 . 97 L SOUTH LINE TRACT 8 60 ' SUB — LATERAL "A - 8 " CANAL INDIAN RIVER FARMS CO . PLAT OF LANDS - - _ P : B . - 2 , - PG . 25 —S:CC .R . - --- _ _ OWNED RICHARD L. GALLAGHER, JR . I PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY PCW PCW 1 ' = B0' PCW ARCADIS of SHEET TITLE 04/26/09 DRAWN ARCADIS U . S . , INC . 12 ' ACCESS EASEMENT PROJECT NUMBER DRAWING NUMBER 2081 Vista Parkway Tel: (561 ) 697-7000Fax: (561 ) 6974751 11 WP001053 11053SD838 Q West Palm Beach, Florida 33411 www,arcadis•us.com SHEET 2 OF 2