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HomeMy WebLinkAbout2003-080 030090 AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND GRAND HARBOR RELATING TO THE EXCHANGE OF REAL PROPERTY THIS IS AN AGREEMENT RELATING TO THE EXCHANGE OF REAL PROPERTY (this "Agreement") , between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida, 32960 ("County") and GHA GRAND HARBOR, LTD , a Florida limited partnership , whose mailing address is 2121 Grand Harbor Boulevard, Vero Beach, FL 32967 ("Grand Harbor") . WITNESSETH WHEREAS , Grand Harbor is the owner and developer of real property located within the Grand Harbor Development of Regional Impact (DRI) , Indian River County, Florida as more particularly described in Exhibit "A" ; and WHEREAS , Grand Harbor has acquired a parcel of property adjacent to the Grand Harbor DRI commonly referred to as the "Luther Parcel" as more particularly described in Exhibit "B " ; and to amend the Grand Harbor DRI to include the Luther Parcel ; and WHEREAS , the portion of the public right-of-way for 53rd Street which is owned by the County and is more particularly described in Exhibit " C " , ( " County Right- of-Way") lies between the Luther Parcel and the Grand Harbor DRI as depicted on the sketch attached as Exhibit "D " ; and \\ftl-srv01\DARELLIP\401987v l2\8 m6b 12 ! .DOC\3/13/03\24380.010100 1 r ' C WHEREAS , the County Right-of-Way provides access only to Grand Harbor DRI and the Luther Parcel ; and WHEREAS , upon Grand Harbor ' s acquisition of the Luther Parcel , and the Luther Parcel becoming part of the Grand Harbor DRI, the County Right-of-Way will no longer be needed for public right-of-way; and WHEREAS , Grand Harbor desires to acquire the County Right-of-Way from the County; and WHEREAS , the County is desirous of obtaining from Grand Harbor for road right-of- way purposes that property more particularly described and depicted in Exhibit "E " hereto (the "Developer Property") ; and WHEREAS , after advertising the terms and conditions of the exchange once a week for two weeks, in accordance with the requirements of Section 125 . 37 , Florida Statutes, the Board of County Commissioners of Indian River County, Florida met in regular session on April 1 , 2003 and adopted a resolution authorizing the appropriate County officers and officials to execute this Agreement and all documents necessary to effect the exchange of the County Right-of-Way for the Developer Property in accordance with the terms of this Agreement; and WHEREAS , Grand Harbor has provided the County with an environmental assessment report for land which includes the Developer Property; and WHEREAS , the parties desire to enter into this Agreement to set forth the terms and conditions of said exchange of the County Right-of-Way and the Developer Property. NOW, THEREFORE, in consideration of the mutual terms , conditions , promises , covenants and premises hereinafter, the County and Grand Harbor agree as follows : MI-srv01\DARELLIP\401987v12\8m6b12! . DOC\3/13/03\243 80.0 10 100 2 r r L Recitals . The above recitals are affirmed as being true and correct and are hereby incorporated by reference . 2 . Aereement to Exchange . The County hereby agrees to convey to Grand Harbor the County Right-of-Way, and Grand Harbor hereby agrees to convey to the County the Developer Property, in accordance with the terms and conditions set forth herein. 3 . Additional Compensation to County . The parties acknowledge that the square footage of the County Right-of-Way exceeds the square footage of the Developer Property. Therefore, in addition to Grand Harbor ' s conveyance of the Developer Property to County, Grand Harbor agrees to pay County Thirty-Five Thousand Eight Hundred Ninety Dollars and Twelve Cents ($ 35 , 890 . 12) as additional compensation (the "Additional Monies") , which Additional Monies are agreed to represent the fair market value of said excess square footage of the County Right-of-Way based upon the price paid by Grand Harbor for other adjacent land . 4 . ExchanLe of Property. Within 30 days of approval of this Agreement by the County, Grand Harbor shall send notice to the County and shall schedule a closing of the transaction contemplated by this Agreement at a time that is mutually convenient to the County and Grand Harbor. At the Closing the parties shall exchange deeds and compensation as provided for in this Agreement . The place of the Closing shall be the office of the County Attorney for Indian River County, unless otherwise agreed to by the parties . At the closing the County shall deliver to the Grand Harbor (or to a related entity designated by Grand Harbor) an executed Statutory Deed in accordance with Section 125 .411 , Florida Statutes, for the County Right-of-Way ( " County Deed " ) . At the Closing, Grand Harbor shall convey to the County by Special Warranty Deed the \\ftl-srv01\DARELLIP\401987v12\8m6b 121 .DOC\3/13/03\24380.010100 3 Developer Property ( "Developer Deed ") and deliver to County the Additional Monies in certified funds or by wire transfer. Grand Harbor shall , by Special Warranty Deed, convey marketable title, subject only to those permitted exceptions set forth in Exhibit "F " hereto . 5 . Documentary Stamps, Transfer Taxes , Grand Harbor shall pay any and all documentary stamps, sales and/or transfer taxes associated with the exchange of the County Right-of-Way for the Developer Property as may be applicable by State or local law . 6 . Recording. Grand Harbor shall pay all recording fees in connection with the recordation of the deeds and other documents as may be required to effect the exchange of the County Right-of-Way and the Developer Property as contemplated herein . 7 . Proration of Taxes . Real estate taxes shall be prorated as of the date of Closing. In accordance with Section 196 . 295 , Florida Statutes, Grand Harbor shall place in escrow with the tax collector of Indian River County, at Closing an amount equal to the current taxes on the Developer Property prorated to the date of Closing, based upon the current assessment and millage rates for the Developer Property. 8 . Notices . Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed given if delivered by hand, facsimile, sent by recognized , overnight courier (such as Federal Express) certified mail, return receipt requested, in a postage pre-paid envelope, and addressed as follows : As to County: Indian River County 184025 th Street Vero Beach, Florida 32960 Attn : County Administrator Phone (772) 567- 8000 ext 1408 Facsimile : (772) 770- 5095 \\ftl-srv01\DARELLIP\401987v 12\8 m6b 121 .DOC\3/13/03\24380.010100 4 With a copy to County's Legal William G. Collins , II, Esq . Representative : Deputy County Attorney 1840 25th Street Vero Beach, FL 32960 Phone : (772) 567- 8000 ext 1425 Facsimile : (772) 770- 5095 As to Grand Harbor: GHA Grand Harbor, Ltd. 2121 Grand Harbor Boulevard Vero Beach, Florida 32967 Attn : Peter J . Henn Phone : (772) 778 -0180 Facsimile : (772) 770 -4727 With a copy to Greenberg Traurig, P . A. Grand Harbor's Attorney: 515 East Las Olas Boulevard, Suite 1500 Fort Lauderdale, Florida 33301 Attn : Barbara A. Hall, Esq . Phone : (954) 768 - 8236 Facsimile : (954) 772 - 765 - 1477 Notices personally delivered or sent by overnight courier shall be deemed given on the date of receipt, notices sent via facsimile transmission shall be deemed given upon transmission and proof of receipt as evidenced by a confirmation of transmittal page and notices sent via certified mail in accordance with the foregoing shall be deemed given three (3 ) days after being deposited in the U. S . Mails . 9 . Amendment or Modification . No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto . 10 . Successors and Assigns . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors , and assigns . \\ftl-srvO l\DARELLIP\401987v l2\8m6b 12 ! .DOC\3/13/03\24380.010100 5 11 , Entire Agreement. This Agreement contains the entire agreement and understanding between the parties . No representation, statement, recital, undertaking, or promise not specifically set forth herein shall be binding on any party hereto . 12 , Venue and Choice of Law . This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian River County, Florida. If jurisdiction is in Federal Court, jurisdiction shall be in the Southern District of Florida. 13 , Cooperation , County and Grand Harbor shall grant such further assurances and provide such additional documents as may be required by one another from time to time, and cooperate fully with one another in order to carry out the terms and conditions hereof and comply with the express intention of this Agreement . IN WITNESS WHEREOF the County and Grand Harbor have caused these presents to be executed in their names, the day and year first above written . BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY : Kenneth Macht, Chi an By -� -- James E . Chandler, County Administrator Approved as to form ,° Attesr. • , ., Jeffrey K. Barton Clerk of Court County Attorney BCC approved : April 1 , 2003 \\ftl-srv01 \DARELLIP\401987vI2\8m6b121 .DOC\3/13/03\24380.010100 6 GHA GRAND HARBOR, LTD. , a Florida limited partnership By GHA DEVELOPMENT, INC . , a Florida corporation, its general partner WITNESS : By: % ' C �* )4 -. Name : r tG, , , r 1 b T _ Name : 41 IG � A1 ' Al Title : P ,/YJresiden vi c6 PWF5 ,'45*v l ' WITNESS : Name : 4 Corporate Seal ) STATE OF FLORIDA ss . . COUNTY OF INDIAN RIVER ) The foregoing instrument was acknowled ;edGbeefore me this J day of 41" 2003 , by fn a c- �4 m Lc ; , as President of GHA DEVELOPMENT, INC . , a Florida corporation general partner on behalf of GHA GRAND HARBOR, LTD . , a Florida limited partnership . S He is 6arl +sra`.xl to me or has produced ilc j ae r S L, ; c `e n s `e as identification. Notary: NOTARY SEAL Print Name : Notary Public , State of Florida My commission expires : .+. Wanda 3. WaWcer 3►:' r MYCOMMISSION # CC987315 EXPIRES o March 14, 2005 „ F ,.``•, BONDED THRU TROY FAIN INSURANCE INC \\ftl-srv01\DARELLIP\40I987v 12\8m6b l21 .DOC\3/13/03\24380.010100 7 Exhibit " A " MI-srvOIXMAUSCM0459OvOAA 6MOILDOCU2/17/02 EXHIBIT " A " Legal Description of Grand Harbor Development of Regional Impact PARCEL I : Government Lots 1 and 2 , Section 13 , Township 32 South, Range 39 East, less all of that part of said Government Lot 1 , lying North of the following described line : From the SW corner of said Section 13 , run north along the West line of Government Lots 1 and 2 in said Section 13 , a distance of 2025 . 96 feet to the point of beginning; thence run East on a line parallel to the south line of said Section 13 , to the West shore of the Indian River for the point ending, all lying and being in Indian River County, Florida. AND PARCEL I1: The East 1 /2 of the SW 1 /4 of Section 24, Township 32 South, Range 39 East; said land lying and being in Indian River County, Florida. AND ALSO, Government Lots 1 and 2 of Section 24 , Township 32 South, Range 39 East, said land lying and being in Indian River County, Florida. AND PARCEL III : The SE 1 /4 of the NW 1 /4 and the NE 1 /4 of the SW 1 /4 (lying East of U. S . 1 ) and the NW 1 /4 of the SW 1 /4 (lying East of U. S . 1 ), all in Section 23 , Township 32 South, Range 39 East, Indian River County, Florida, EXCEPT that certain parcel conveyed to the Florida Department of Transportation, as described in Official Records Book 0961 , Page 2553 , Public Records of Indian River County, Florida. AND PARCEL IV : Parcel 1 : The West 1 /2 of the West 1 /2 of Section 24, Township 32 South, Range 39 East, Indian River County, Florida. Parcel 2 : All of Government Lot 3 , lying North of Gifford Dock Road, of Section 24, Township 32 South, Range 39 East, Indian River County, Florida, being more particularly described in Official Record Book 500, Page 833 , Public Records of Indian River County, Florida, less and except that the property conveyed to Indian River County in Official Record Book 772 , Page 2546 , Public Records of Indian River County, Florida. Parcel 3 : The West 1 /2 of the North 1 /2 of the northwest 1 /4 of the southeast 1 /4 of the Section 23 , Township 32 South, Range 39 East, Indian River County, Florida. Parcel 4 : The East 1 /2 of the southeast 1 /4 of Section 23 , Township 32 South, Range 39 East, and the East 1 /2 of the northwest 1 /4 of the southeast 1 /4 of Section 23 , Township 32 South, Range 39 East, Indian River County, Florida, less and except that property conveyed to City of Vero Beach in Official Record Book 751 , Page 1269 , Public Records of Indian River County, Florida. Parcel 5 : The southeast 1 /4 of the northeast 1 /4 of Section 23 , Township 32 South, Range 39 East, Indian River County, Florida. %\ t1-srY0 INMAUSC1404590vo 1\8 6MO II. DOM 12/17/02 a Parcel 6 : The South 1 /2 of the northeast 1 /4 of the northeast 1 /4 of Section 23 , Township 32 South, Range 39 East, Indian River County, Florida. Parcel 7 : The South 1/2 of the northwest 1 /4 of the northeast 1 /4 of Section 23 , Township 32 South, Range 39 East, Indian River County, Florida. Parcel 8 : The southwest 1 /4 of the northeast 1 /4 of Section 23 , Township 32 South, Range 39 East, Indian River County, Florida. ALL OF THE ABOVE FOUR PARCELS LESS AND EXCEPT THOSE PARCELS DESCRIBED IN ADDENDA " B -I " , "B -II " , " B -III " " B-IV " , " B-V " , " B -VI " , " B -VII " , " B - VIII " AND "B - IX " ATTACHED HERETO AND MADE A PART HEREOF , AND PARCEL VI : Commence at the Northeast corner of Section 23 , Township 32 South, Range 39 East, Indian River County, Florida. Thence run N 89°56 ' 17 " W along the North line of the aforesaid Section 23 a distance of 2662 . 76 feet to the quarter Section line ; thence running S 00°01 '24 " W along the aforesaid quarter Section line a distance of 995 . 01 feet to the point of beginning of a parcel of land lying in the aforesaid Section 23 of which is more particularly described as follows : thence continue S 00°01 '24 " West along the Quarter Section line a distance of 331 . 67 feet; thence run N 89 °48 '01 " West a distance of 439 . 66 feet to intersect with the East right-of-way line of Indian River Boulevard; thence run Northwest along the East right-of-way line of Indian River Boulevard on a curve to the right with a chord bearing of N 31 ' 15 ' 13 " West having a radius of 3766 . 10 feet with a central angle of 00 ° 18 ' 13 " and run an arc distance of 19 . 95 feet to a curve to the right having a radius 1800 . 00 feet with a central angle of 11 '07'30 " and run an arc a distance of 349 . 50 feet; thence leaving the aforesaid East right-of-way line of Indian River Boulevard run South 89°49 '49 " East a distance of 600 . 59 feet to the point of beginning . AND PARCEL VII : A parcel of land lying in part of the Southeast 1 /4 of Section 14 and part of the North half of the Northeast 1 /4 of Section 23 , All in Township 32 South, Range 39 East, Indian River County, Florida; the boundary of said parcel being more particularly described as follows : Beginning at a concrete monument marking the Southeast corner of said Section 14, the same being the Northeast corner of said Section 23 ; Thence run S 00°00'40" W along the Section line, 47 . 14 feet; thence N 15 °24 '02 " West, 172 . 55 feet to a point in the Southeast 1 /4 of said Section 14 ; thence N 00 ° 00 '48 " E, 293 . 84 feet; thence on a curve to the right, having a central angle of 39°39'50 " and a radius of 200. 00 feet, run an arc distance of 138 .45 feet, more or less , to a point on the East line of said Section 14 ; thence following the East line of said Section 14, run S 00°05 '48 " West, 540 .64 feet to the Point of Beginning . AND Mt-ary AMAUSCM045900M WO ILDOC112/17/02 e PARCEL VIII : The West 1 /2 of the South 1 /2 of the Northwest 1 /4 of the Southeast 1 /4 of Section 23 , Township 32 South, Range 39 East, Indian River County, Florida, LESS AND EXCEPT the following described property : Commence at a point on a curve in the West right-of-way line of Indian River Boulevard, said point lying N 89050 ' 16 " W 430 . 82 feet from the Northeast corner of the Southwest quarter of the Southeast quarter of Section 23 , Township 32 South, Range 39 East, and run Northerly along a curve to the right, the radius point of which lies N 67°46'23 " E 4135 . 04 feet through a central angle of 2 ° 19 '38 " , an arc of 167 . 95 feet to a point of reverse curvature, Then run on a curve to the left with a radius of 5000 feet and a central angle of 5 ' 13 '31 " , an arc distance of 455 . 99 feet to a point in the East line of the Southwest quarter of the Northwest quarter of the Southeast quarter of the aforementioned section, and a Point of Beginning. Then run N 0 °01 ' 15 " E 84. 73 feet to a point. Then run N 89 °43 ' 57 " W 40 . 87 feet to a point in the aforementioned curve, the West line of Indian River Boulevard. Then run Southerly on a curve to the right with a radius of 5000 feet and a central angle of 1 °0415011 , an are distance of 94 . 30 feet to the Point of Beginning . Lying and being in Indian River County, Florida. AND PARCEL IX : All that portion of the Southwest 1 /4 of the southeast 1 /4 of Section 23 , Township 32 South, Range 39 East, lying east of the IRB right-of-way line of Indian River Boulevard; said land residing and being in Indian River County, Florida. AND PARCEL X: A parcel of land lying within the north half of the south half of the northeast quarter of the northwest quarter of Section 23 Township 32 South Range 39 East, Indian River County, Florida, being more particularly described as follows : Commence at the north quarter corner of said Section 23 , thence S 00 °01 '24 " W along the quarter section line a distance of 663 . 34 feet to the point of beginning; thence S .00001 '24 " W, a distance of 331 . 67 feet; thence N 89°49'49 " W, a distance of 600 . 59 feet to a point of curve on the east right-of-way line of Indian River Boulevard; thence along said curve to the right having a radial bearing of N 70 °00 ' 17 " E, a radius of 1 , 800 . 00 feet, a delta of 10° 54 '57 " and an arc length of 342 . 93 feet; thence S 89 ° 52 ' 12 " E, a distance of 686 . 67 feet to the point of beginning . AND PARCEL XI : That part of the southwest one-quarter of Section 14 , Township 32 South, Range 39 East, lying south of the south right-of-way of the Indian River Farms Water Control District's North Relief Canal, east of the east right-of-way of U. S . Highway Number 1 (State Road Number 5) , and north of a the north right-of-way of 53 `d Street (Kingsberry Road) being more particularly described as follows : Commencing at the southeast corner of the southwest quarter of Section 14 , Township 32 South, Range 39 East, run north 00'49 ' 12 " east along the M1-MW1\MAUSC4104590v01\8 6M01 !DOC112/17/02 east line of said southwest quarter, a distance of 60 . 00 feet to the north right-of-way of 53 `d Street (Kingsberry Road) and point of beginning: From the point of beginning run the following three courses along the north right-of-way of 53 `d Street (Kingsberry Road) : north 89 ° 56 ' 56" west, a distance of 894.66 feet; north 00'49 ' 12 " east, a distance of 10 . 00 feet; north 89° 56 ' 56 " west, a distance of 803 . 80 feet to a point of curvature of a non-tangent curve; from said point of curvature run northwesterly along the arc of a curve concave to the northeast having a radius of 16528 . 86 feet, a central angle of 01 '21 ' 03 ", subtended by a chord bearing and distance of north 15 °35 ' 09 " west, 389 . 70 feet, an arc distance of 389 . 71 feet to a point of tangency ; thence run north 14 ° 54 ' 38 " west along a line 600 feet easterly and parallel with the east right-of-way of U. S . Highway Number 1 (State Road Number 5 ) , a distance of 874 . 14 feet to the south right-of-way of Indian River Farms Water Control District's North Relief Canal ; thence run north 62 °34 ' 20 " east along said south right-of-way, a distance of 2220 . 65 feet to a point of curvature of a curve concave to the southeast having a radius 917 . 71 feet, a central angle of 06 '09 ' 14", subtended by a chord bearing and distance of north 65 °38 ' 57" east, 98 . 52 feet, an arc distance of 98 . 57 feet to the aforementioned east line of the southwest quarter; thence run south 00'49 ' 12 " west along said east line, also being the west line of the " River Club " Subdivision, as recorded in Plat Book 12 , Page 64 through 64 E, Public records of Indian River County, Florida, a distance of 2295 . 34 feet to the point of beginning. 1Utl-srv0l\MAUSC1404590v0118 6MOII.DOC112/17/02 1 ' 1 Exhibit "B " Mftk v0l \MAUSC1404590 I\8 6M01 !.DOC1I7J17/02 EXHIBIT " B " Legal Description of Luther Parcel THE NORTH 20 ACRES OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23 , TOWNSHIP 32 SOUTH, RANGE 39 EAST, LYING EASTERLY OF THE EAST RIGHT OF WAY LINE OF INDIAN RIVER BOULEVARD 200 ' WIDE RIGHT OF WAY; AND THE SOUTH 60 . 00 FEET OF THE EAST 709 . 07 FEET OF THE SOUTHWEST 1 /4 OF SECTION 14, TOWNSHIP 32 SOUTH , RANGE 39 EAST, LYING SOUTH OF THE SOUTH RIGHT-OF- WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT NORTH RELIEF CANAL ; AND A PARCEL OF LAND IN THE NORTH 20 ACRES OF THE NORTHEAST 1 /4 OF THE NORTHWEST 1 /4 OF SECTION 23 , TOWNSHIP 32 SOUTH, RANGE 39 EAST, BEING MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1 /4 OF SAID SECTION 23 , RUN NORTH 890 42 ' 16 " WEST ALONG THE SAID SECTION 23 , A DISTANCE OF 49 . 10 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING CONTINUE NORTH 890 42' 16 " WEST ALONG SAID SOUTH LINE OF SECTION 23 , A DISTANCE OF 660 . 00 FEET TO THE EAST RIGHT-OF-WAY LINE OF INDIAN RIVER BOULEVARD (200 FEET RIGHT-OF-WAY) ; THENCE RUN SOUTH 000 17'45 " WEST ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 75 . 00 FEET; THENCE RUN NORTH 450 17'44 " EAST, A DISTANCE OF 56 . 57 FEET; THENCE RUN SOUTH 89 ° 42 ' 16 " EAST AND PARALLEL TO SAID NORTH LINE OF SAID SECTION 23 , A DISTANCE OF 620 . 00 FEET; THENCE RUN NORTH 000 17'58 " EAST A DISTANCE OF 35 . 00 FEET TO THE POINT OF BEGINNING; AND A HIATUS OF LAND CREATED BY LEGAL DESCRIPTIONS OF PARCELS LYING SOUTH OF THE NORTH 20 ACRES OF THE NORTHEAST 1 /4 OF THE NORTHWEST 1 /4 AND NORTH OF THE NORTH 1 /2 OF THE SOUTH 1 /2 OF THE NORTHEAST 1 /4 OF THE NORTHWEST 1 /4 IN SECTION 23 , TOWNSHIP 32 SOUTH, RANGE 39 EAST, ALL LYING EAST OF THE EAST RIGHT OF WAY LINE OF THE 200' WIDE INDIAN RIVER BOULEVARD , INDIAN RIVER COUNTY, FLORIDA. SAID DESCRIBED HIATUS BEING APPROXIMATELY 12 FEET WIDE MORE OR LESS . ALL OF THE ABOVE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF THE NW 1 /4 OF SECTION 23 , TOWNSHIP 32 SOUTH, RANGE 39 EAST, RUN S . 00017158 " W. ALONG THE EAST LINE OF THE NE 1 /4 OF SAID NW 1 /4 OF SECTION 23 A DISTANCE OF 663 . 34 \UN-arv01UMAUSC"590v0M 6M01 !.D0012/17/02 FEET TO THE NORTH LINE OF THE NORTH 1 /2 OF THE SOUTH 1 /2 OF THE NORTHEAST 1 /4 OF SAID NORTHWEST 1 /4 OF SECTION 23 ; THENCE RUN N . 89 °41 ' 16 " W. ALONG SAID NORTH LINEA DISTANCE OF 686 . 29 FEET TO THE EAST RIGHT OF WAY LINE OF INDIAN RIVER BOULEVARD 200 ' WIDE RIGHT OF WAY AND POINT OF CUSP ; THENCE RUN NORTHERLY ALONG SAID EAST RIGHT OF WAY LINE AND CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 1800 . 00 FEET, A CENTRAL ANGLE OF 90071251 , SUBTENDED BY A CHORD BEARING AND DISTANCE OF N . 04015 '57 " W. 286 . 33 FEET TO THE POINT OF TANGENCY; THENCE RUN N. 00 ° 17'45 "E . ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 377 . 82 FEET TO THE NORTH LINE OF AFOREMENTIONED SECTION 23 ; THENCE RUN N. 00049' 12 " E. A DISTANCE OF 60 . 00 FEET THE NORTH LINE OF THE SOUTH 60. 00 FEET OF THE EAST 709 . 07 FEET OF THE SOUTHWEST 1 /4 OF SECTION 14, TOWNSHIP 32 SOUTH, RANGE 39 EAST; THENCE RUN S . 89042' 16 "E . ALONG SAID NORTH LINE OF THE SOUTH 60 . 00 FEET A DISTANCE OF 709 . 10 FEET TO THE EAST LINE OF SAID SOUTHWEST 1 /4 OF SECTION 14 ; THENCE RUN S . 00 °49' 12 " W. ALONG SAID EAST LINE A DISTANCE OF 60 . 00 FEET TO THE POINT OF BEGINNING, THE ABOVE DESCRIBED PARCELS CONTAINING A TOTAL OF 5103709 . 34 SQUARE FEET OR 11 . 72 ACRES MORE OR LESS . \%I-crv01\MAUSCN404590v01\8 6M01 ! .DOC\I2/17/02 Exhibit " CII Legal Description of County Right-of- Way \Vil-srv0l\MAUSC1404590v01\6 6M01 !.DOC112/17/02 I t DESCRIPTION OF PROPOSED ROAD RIGHTS-OF- ,PAY ABANDONMENT; PARCELS SITUATED IN PART OF SECTION 14, AND SECTION 23, OF TOWNSHIP 32 SOUTH. RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : THE SOUTH 60.00 FEET OF THE EAST 709 .07 FEET OF THE SOUTHWEST 1 /4 OF SECTION 14, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LYING SOUTH OF THE SOUTH RIGHT—OF—WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT NORTH RELIEF CANAL, AND A PARCEL OF LAND IN THE NORTH 20 ACRES OF THE NORTHEAST 1 /4 OF THE NORTHWEST 1 /4 OF SECTION 231 TOWNSHIP 32 SOUTH , RANGE 39 EAST, BEING MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1 /4 OF SAID SECTION 23, RUN NORTH 89042' 16" WEST ALONG THE SAID SECTION 23, A DISTANCE OF 49. 10 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING CONTINUE NORTH 89'42' 16 " WEST ALONG SAID SOUTH LINE OF SECTION 23, A DISTANCE OF 660.00 FEET TO THE EAST RIGHT—OF—WAY LINE OF INDIAN RIVER BOULEVARD (200 FEET WIDE RIGHT—OF—WAY) ; THENCE RUN SOUTH 00' 17'45" WEST ALONG SAID EAST RIGHT—OF—WAY UNE, A DISTANCE OF 75.00 FEET; THENCE RUN NORTH 45017044" EAST, A DISTANCE OF 56.57 FEET; THENCE RUN SOUTH 89'42' 16" EAST AND PARALLEL TO SAID NORTH LINE OF SAID SECTION 23, A DISTANCE OF 620.00 FEET; THENCE RUN NORTH 00' 17'58" EAST A DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCELS CONTAINING 669425.38 SQUARE FEET OR 1 .53 ACRES MORE OR LESS, SURVEYOR'S Notts: LEGEND do ABBREVIATIONS: I . UNLESS R DEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED �NL-T NCM LATHAAD FLAaa11t71 WIHMIIUTALOIHOLPO91"AMON RVEYOR AND MAPPER THIS DRAWING. SKETCH. PLAT OR ,AAP IS FOR INFORMATIONAL PURPOSES IN !'1 PLAT. OSUNLY D IS NOT VAUD. 10 m LAM 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE BY THIS FIRM OR SURVEYOR FOR 0 = DMMNTS, RESERVATIONS. ABANDONMENTS. RESTRICTIONS AND/OR RIGHTS-OF-WAY. a ' DEM 3. NO FOUNDATIONS OR UNDERGROUND INSTAlA1TON5 HAVE BEEN FIELD LOCATED PER I - LYAAE7ER THIS IRF•M!G`Q. " ICM11RY6TFAf�!` IYATMCONIAQL SURVEYOTHERWISE UNLESS OTHERWISE NOTED. DISI 4• LEGAL DESCRIPTION DEVELOPED BY PROFESSIONAL SURVEYOR AND MAPPER. RIIY ACW-CF-1YAC IQ - Dj3vjl: Alm 5• THIS SKETCH WAS PREPARED TO DELINEATE PROPOSED ROAD RIGHT-OF-WAY ABANDONMENT OAa m CIFFICUL REBOOK PCL mPACiE 6, NO SURVEY FIELD WORK WAS PERFORMED 70 DELINEATE BOUNDARY. CVt " COUVfYRCQAL! FC m F19C E Coffhl9t 7. BEi1RINGS SHOWN ARE BASED UPON ASSUMED DATUM, THE NORTH LINE OF THE NORTHWEST CY£ - OY9IEAD fiLBmm QUARTER OF SECTION 23 BEARING N 89'42016' W. FR� FOGID CTS- OFIOL40Ni♦<7Ta -MIN KCZYLZ- NAIJON4L CIECOEM 101311NCAL D AnAw N!Q- NO DIE NlFiIM41XTN IR&a- f 2VFE&MMDCAP ® � EJQSIIW NEIL i i S \ F.S.IA• SIGNATURE DATE DA REgSTRATiON. No. 4765 1CARTER ASSOCIATES, INC. ssoaATEs, wc, LB 205 COKSULTING ENGINEERS AND LAND SURVEYORS 1708 29d STREET 772-3624191 (PHONE) ! ILdI �l� I • • . : I ., a•r • $0�� 02-6' $ VERO BEACH. FLORIDA 32960 772-562-7180 (FAX) now nu _ DATB: 12/90/02 SKW 1 OF 2 PROPOSED ROAD RIGJMT OF-VAY ABANDOXMW SOUTHWEST 1 /4 POINT Op CoJwNCBurNT OF SECTION 14 - 32 - 39 PROPO M ROAD RJom of wAY ABAymm am "^" DM "MM WCELS M I AND NO. t 88,E 86.88 aq.jt. l.63 acts air vcnto�er."cNome. wane l4 !06 NORTH RIOHi OF WAY LINE OF 83rd. STREET , , �sE Noartn2st E- ON7 4 w • N eaa2 !e- 1► (o) BAsrs oa BaaRTam„4 AN0 .�t /lll)a�j/ OF IE NORMAT OW-041" rs�wY;iy'V UWAY ULIMARae8•*.� BQD.OQ' 0 �/'M DESCRFFM PAR= NOf 0. e9• .�i '! `O Q ft0.00' (D lytr �IR'A � X9. 10 S 88.4s tr a SO 'E' , • "` p10N "°° � . le ga ff'6f' f s " A 3 64 $ �� �ol eso.00 ' HAV 00VTt'saf�- s f)o) o 6�'•+� NE 1 /4 NW 1 /4 OF SECTION 23 - 32 - 39 ywn �3�a 1l " 4 SEE SHEET 1 OF 2 BEAST Row. UNE INOLMI RrvER rxw. FOR DESCRIPTION OF PROPOSED ROAD Q RIGHTS — OF— WAY ABANDONMENT � 3a � GRAPHIC SCALE 80 0 40 80 ICARTER ASSOCIATES. INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21st STREET 772—S82-4191 (PHONE) FROJ# 02-8795 VERO BEACH. FLORIDA 32980 772-582-7180 (FAX) ma 1011 IN FEET ) DATE: 12/30/02 1 inch = 80 rt . SEW 2 OF 2 Exhibit " D " Sketch 1Utl-sry0l\MAUSG1404590v0t\8 6MOII.DOC%IV17/02 1 � g . � . � + , 41 IF 911, IF Is. . , IF IF '4IWO Jul ¢ , � � e I �'#� . . � + . O �O` � o s d ,o► - - , ' limnrtotify IF Imn " . . r . m " zro��..S14 ►GI!f 'tom ��� .: . _o of signal Exhibit " E " Developer Property \\ftl-srv011MAUSC1404S90v0l\8 6MOI !.DOOjVj7/02 ADDITIONAL RICHT- OF- WAY TO BE ACQUIRED BY INDIAN . RIVER COUNTY R = 16528 . 86 L = 31 . 25 c N 00' 49 ' 12 " E 10. 00' Ton = 15 . 62 0 M I S 00'49 ' 12 " W 40. 00' N O 6.0 .00 ' E = 0' 06 '30 " M S 89'56156 " E 997.88' �p,O, g, NORTH R - O -W ujflT i N 89'56 '56 " W 709 . 36 ' / 53rd STREET N 89056 56 " W t 428 . 03 ' 376. 82 ' ft- 1406 . 85 ' N 89'56'56 " W 894 , 66# VVIr �.•, !I 6 W 2677 . 40 ' _ �1r '�fINGSBERN 89056956 " w 894 . 66 � ROAD rINDM INE SE CORNER WAY PER SW 1 /4 14 - 32 - 39 & ASSOCIATES o ER BOULEVARD No. 8810.01 + zz 21 - 88 R BOULEVARD GRAPHIC SCALE 200 ' WIDE RIGHT- OF—WAY 200 0 100 200 ADDITIONAL RIGHT— OF— WAY FOR 53RD STREET TO BE ACOUIRED BY IND AN a E THAT PART OF THE SOUTHWEST ONE-OL/ART£R Of SECTION 14, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ( IN FEET ) LYING SOUTH OF THE SOUTH RIGHT-OF- WAY OF THE INDM RIVER (ARMS WATER CONTROL DISTRICT'S 1 inch 200 ft. NORTH RELIEF CANAL, EAST Of THE EAST RIGHT-OF— WAY Of U.S HIGHWAY NUMBER 1 (STATE ROAD NUMBER 5), AND NORTH OF THE NORTH RICHT-OF- WAY OF 53RD STREET (KINGSBERRY ROAD) BEING SKETCH OF DESCRIPTION ONLY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER Of SECTION 14, TOWNSHIP 32 SURVEYOR'S NOTES: SOUTH, RANGE 39 EAST, RUN NORTH 00.49012 ' EAST ALONG THE EAST LINE OF SAID SOUTHWEST OLIARTER A DISTANCE OF 60. 00 FEET TD THE NORTH RIGHT-OF-WAY LINE OF 53RD STREET (KINGSBERRY 1 . UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED ROAD); THENCE RUN NORTH 89'5656 " WEST ALONG SAID NORTH RIGHrmGF- WAY LINE A DISTANCE OF SURVEYOR AND MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES 709.36 FEET TO THE POINT Of BEGINNING; FROM THE Paw OF BrawI4NG RUN THE FOLLOWING THREE ONLY AND IS NOT VALID, COURSES ALONG THE NORTH RIGHT-OF- WAY Of 53RD STREET (KINGSBERRY ROAD): NORTH 89'56'56" WEST A DISTANCE OF 185.30 FEET; NORTH 00'49 '12' EAST A DISTANCE OF 10.00 FEET; NORTH 89.56'56 ' 2 • NO SEARCH OF THE PUBLIC RECORDS WAS MADE BY THIS FIRM OR SURVEYOR FOR WEST A DISTANCE OF 803.80 FEET TO A POINT OF CURVATURE OF A NON- TANGENT CURVE: FROM SAID EASEMENTS, RESERVATIONS, ABANDONMENTS, RESTRICTIONS AND/OR RIGHTS -OF-WAY• POINT Of CURVATURE RUN NORTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 16528.86 FEET, A CENTRAL ANGLE OF 00006'30; SUBTENDED BY A CHORD 3, NO FOUNDATIONS OR UNDERGROUND INSTALLATIONS HAVE BEEN FIELD LOCATED PER THIS BEARING AND DISTANCE OF NORTH 16' 12 '26 " WEST, 31.23 FEET. AN ARC DISTANCE OF 31.23 FEET TO A SURVEY, UNLESS OTHERWISE NOTED, POINT ON CURVE; THENCE RUN SOUTH 89056 '36 ' EAST ALONG A LINE NON- TANGENT TO SAID CURVE A DISTANCE Of 997.88 FEET; THENCE RUN SOUTH 00' 17.04 " WEST A DISTANCE OF 40.00 FEET TO THE 4 • LEGAL DESCRIPTION DEVELOPED BY PROFESSIONAL SURVEYOR AND MAPPER, POINT OF BEGINNING• q 5. THIS SKETCH WAS PREPARED'1'TO '"�DELINEATE PROPOSED ROAD RIGHT- OF-WAY ABANDONMENT. SAID LANDS LYING AND BEING IN (NOUN RIVER COUNTY, FLORIDA, CONTAINING 31,655.93 SQUARE FEET, e MORE OR LESS, 6• NO SURVEY FIELD WORK WAS -PEVOR•MEQ F@; A GNFATE BOUNDARY, 7• BEARINGS SHOWN ARE BASED ,,O ON to '646t ' r ?HE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 23 BEAR IL7�t l 8 �I 6 " 11/.,`�• \\ a, �a a • LIP j f • a • CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS11111 ''1111 IIVAI 1708 21st STREET 772-562-4191 (PHONE) �s p1oeW�111M f ANK' RESE, P• S.MV SIGNATURE DATE VERO BEACH, FLORIDA 32960 772-562-7180 (FAX) L ;I$1RATION- No. 4765 CARTER ASSOCIATES, INC. LB 205 f 1 Exhibit "F " Permitted Exceptions — Developer Property \VG-mOMAUS04045900118 6MOIIMOC112/17102 PERMITTED EXCEPTIONS DEVELOPER PROPERTY 1 . Comprehensive land use plans , zoning, restrictions, prohibitions and other requirements imposed by governmental authority. 2 . Taxes and assessments for the year 2003 and subsequent years . 3 . Restrictions, covenants , conditions and easements as set forth in that Warranty Deed recorded in Official Records Book 1429, page 2268 . 4 . Notice of Adoption of Amendment to the Development Order for the Grand Harbor Development of Regional Impact in Indian River County, Florida, as recorded in Official Records Book 1517, page 0053 . 5 . Assignment of Traffic Impact Fee Credits recorded in Official Records Book 1429 , page 2278 . , � 003 - 037 oilPRESS JOURNAL INDIAN RIVER COUNTY , FLORIDA MAR 2 5 2003 SMPPSHdWARD 1801 U . S . 1 , Vero Beach , FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared , Karen Trego , who on oath says that she is a Classified Legal Advertising Representative of the Press Journal , a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement was published in the Press Journal in the following issues below. Affiant further says that the said Press Journal is a newspaper published at Vero Beach in said Indian River County, Florida and that the said newspaper has heretofore been continuously published in said Indian River County , Florida daily and distributed in Indian River County , Florida , for a period of one year next preceding the first publication of attached copy of advertisement ; and affiant further says that she has neither paid nor promised any person , firm or corporation any discount , rebate , commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Press Journal has been entered as second class matter at the Post Office in Vero Beach , Indian River County , Florida and has been for a period of one year next preceding the first publication of - _ — the attached copy of advertisement . _ . 1010 Legal Noticesl1010 Legal Notices Ad # Name Date Price Per Dav NOTICE OF PO # PROPOSED EXCHANGE OF REAL PROPERTY GHA Grand Harbor, Ltd. is proposing an exchange of 2655335 I . R . C . Attorney03 / 15 / 2003 real property with Indian River County. The terms and $ 64 . 40 Grand Harbor conditions of the exchange agreement are as follows: I . R . C . Attorney 03 / 22 / 2003 $ 64 . 40 Grand Harbor 1 . Indian River County shall deed to Grand Harbor 1 .525 acres of 53rd Street right-of-way lying east of the northern Total $ 128 . 80 terminus of Indian River Boulevard. 2. Grand Harbor shall deed to Indian River County .727 acres of land lying north of 53rd Street, and running from the east boundary of the northern terminus of Indian River Boulevard westerly for approximately 998 feet. 3. Grand Harbor shall pay to Indian River County $35,890. 12 as additional compensation. 4. Closing to occur within 30 days of the approval of the exchange agreement by Indian River County. 5. Grand Harbor shall pay any and all documentary stamps, sales and/or transfer taxes, and recording fees. 6. Grand Harbor shall escrow with the Indian River County Tax Collector real estate taxes, prorated as of the date of closing. The proposed exchange agreement shall be considered for approval by the Board of County Commissioners of Indian River County at their regular meeting in Commission Cham- bers, 1840 25th Street, Vero Beach, Florida at 9:00 a.m. on Tuesday, April 1 , 2003. Anyone who needs a special accommodation for this meet- Subscribed and sworn to me before this date : ing must contact the County's Americans with Disabilities Act (ADA) Coordinator at 567-8000, Ext. 1223 at least 48 1 hours in advance of the meeting. RIVER COUNTY 403 / 21 / 003 BOARD OF COUNTRY COMMISSIONERS KENNETH R. MACHT, CHAIRMAN March 15, 22, 2003 2655335 Notary Public `SOF Fro BEVERLY M. KEEHNER NOTARY o My Cop m Exp. 10/8/04 w vueuC >s No. CC 973628 /ersonally Known I I Other I.D. Ofce of INDIAN RIVER COUNTY ATTORNEY William G. Collins II, County Attorney Marian E. Fell, Assistant County Attorney MEMORANDUM TO : Fin rice Office FROM Nan y H . Mossali , Legal Assistant — Office of County Attorney DATE : May 21 , 2003 SUBJECT: Property Exchange with Grand Harbor On April 1 , 2003 the Board of County Commissioners approved the 53rd Street right-of--way exchange between Grand Harbor and Indian River County whereby Grand Harbor would pay an additional $ 35 , 890 . 12 to the County in order to make the property exchange equal . Attached please find the following items : 1 . Harbor Title & Escrow Company' s check ( No . 3877) in the amount of $ 35 , 890 . 12 to be deposited into Account No , 001 -038-365 . 041 , 2 . Copy of executed Settlement Statement. 3 . Copy of Special Warranty Deed from Peter J . Henn , P . A . , a Florida corporation , as Trustee under that certain Trust Agreement dated June 20 , 2002 . The closing agent is currently having the original recorded in the public records . 4 . Copy of the April 1 , 2003 minutes of the Board of County Commissioners and all pertinent backup , nhm attachments cc: Raeanne Cone — Fixed Assets Jason E . Brown — Budget Manager Clerk to BCC (with original Settlement Statement) James W . Davis , P . E . — Public Works Director I!MR■T NATIONAL ■ANK AND f1�YEj:COMPANY VeRb BEACH, FIARIDA 92980' 07 HARHGR FITLE $ ESC�iOW CQMPAMY PILE : LAM a3EBUENESCROYli �. jKe11270 ACCOUN6 ° 3755 7TH TERRACE, STE. 301 VERO BEACH, FL 32960 PAYTo THE Indian River Courity 12 ORC?ER OF . r Thirty Five . Thousand: Eight Hundred Ninetr r y and 12 % 1. 00 *' * ,* * * * * * * * + * * * *'* * e. 40LtRS . Sales Proceeds MEMO r . u■ 0 © 877n� 1 : 067005:r r JIM 42. 6203 :43 • FILE : LANDSWA2 05 /20 / 03 Indian River County * * * * 35 , 5 2 BUYER ( S ) : Peter J . Henn , P . A . , a Florida corporation , as Trustee under that SELLER ( S ) : Indian River County , Florida , a politicial subdivision of the State k Sales Proceeds * * * * 35 , 890 . 1og FILE: LANDSWA2 05 /20 / 03 Indian River County * * * * 35 , $ �f. � � BUYER ( S ) : Peter J . Henn , P . A . , a Florida corporation , as Trustee under that SELLER ( S ) : Indian River County , Florida , a politicial subdivision of the State Sales Proceeds * * * * 35 , 890 . 1 : A- Settlement Statement U.S . Department of Housing and Urban Development Be a of Loan OMB Nair o. 2502-0265 11� FHA 2 , 0 FMHA 3 , ❑ Conv. U 11 s. 6 . File Number 4 .p VA 5. 0 Conv. Ins, LANDSWA2 7 Loan Number 8. Mortgage Insurance Case Number C. NOTE: This form is famished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D. NAME OF BORROWER: Peter ) Henn, P.A.. , a Ftorida corporaflos;;;as 7rtjstee un br Agraerneiit;dated Tune 20; .2002 tlss E :': oerYat Ti uEsX ADDRESS OF BORROWER: 3755 7th Terrace, Suite 301, Vero Beach, •FI. 3296.'.7 E. NAME OF SELLER: Indian River County, Florida, a politicial subdivision of the State of Florida ADDRESS OF SELLER: 1840 25th Street, Vero Beach, FL 32960 F. NAME OF .LENDER: N/A ADDRESS OF LENDER: G. PROPERTY LOCATION: 53rd Street Right of Way Exchange H. SETTLEMENT AGENT: Vero Beach, FL 32967 CROW COWANy 37HARBOR 55'77" TERRACE,SVERO SEA , F`L 32967• PLACE OF SETTLEMENT: 3755 7TH TERRACE, VERO BEACH, FL 32967 I. SETTLEMENT DATE: J. SUD7QIIARY OF 5/201*200-1 BORROWER'S TRANSACTION 100. R o 00 TmIIKARy OF SELLER'S TRAcc NSACTION les lDrirft DUE mail v es ilyzigmin taxes ounlytagr& to 40 . 120. GROSS AMOUNT DUE FROM BORROWER 69,491 .86 420. GROSS AMOUNT DUE TO SELLER 200.AMOUNTS PAID BY OR IN BEHALF OF BORROWER , 68,566.41 r 500.I money . REDUCTIONS IN AMOUNT DUE TO SELLER loon(s) taken subiggl to n b 206. Princi al amour of eller fin c 'n Qfsecond 0 8 0 I 1 unt 1 c 'n 2 Adjustments for items unpaid b seller 1 t to Adjustments for items unpaid by seller es 2 se Mmon taxes ts olmly taxes 0 sessinents 0 219. 1 to 519, to 220.TOTAL AMOUNTS PAID to By OR IN BEHALF OF BORROWER 32,676.29 520. TOTAL REDUCTIONS IN 300. CASH AT SETTLEIy¢M FROM/TO BORROWER AMOUNT DUE SELLER i► 329676.29 301 . Gross amount due from borrower line 120600. CASH AT SETTLEMENT TO/FROM SELLER 02. L ss amounts id by/for o owe i e 220 1 .86 601 . Gross amount due to seller ire 420 32 676.29 02. Less r ductions in am n due s 1 line 520 2 303. CASH ® From O To BORROWER 32 676.29 36,815.57 603. CASH ® To p From SELLER Joe 35,890.12 D A /�T 1 1 . col 1 f , II I I 11 • _ / : • • �� • MIDI d From WV ds At IS ement 1704 . �'%7 11it ms Payable I 1 1 1 ' 1 I 1 1 : I R:arjpw' 1 5 5i-FtTto 7 1 S 1 1 to • . 1 S• all w•r S } i • 11Ites I • --- ' . , • 1 - }- 3 - 1 • ff 1 11 • , 11 111 . Rese osited 'With Leader 11 • _ • _ s_} • 3 n • r . 1 i 1 ' } .If � , } , '�11 , 11 • 1 . t � • 3 11 • I . 1 1 / . _ L }11008. - . 1 ) - ! _• 11 . 1 . 1 . , 3 11 . 1 J -- �. • 11 • flop D i monthver 11 / - � 315. - 1 • • - 1 S TEinure 1 : 11 . Gove mom and -ransferI I PIS 111JI oil -_ fill 1MN ., n . • , MOM - s . - - - 111 / _ IMI Mill / • -_1 �f 079 r r r } • 1 1 . 131 / Q003 S . , Aro 1 1 -- ' 1400. Totalttlement Chall ' RE!Is rFwI I - - • - r 1 i l OR 1595PG ? 5 16 SKETCH OF ROAD RIGHT- OF- WAY R = 16528 . 86 L= 31 . 250 N 00' 49 ' 12 " E 10 . 00 ' N 00' 49 ' 12 " E Tan = 15 . 62 0 M S 00049 ' 12 " W 40 . 00 ' 60 . 00 ' D = 0' 06 ' 30 "� S 89' 56 ' 56 " E 997 . 88 ' P . O . B . NORTH R — O — W Td STREE N 89 ' 56 ' 56 " W 709 . 36 ' 53r � N 89056 56 " W 1428 . 03 ' 376 . 82 ' - 1406 . 85 ' N 89' 56 ' 56 " W 894 . 66 ' t 56 " W 2677 . 40 ' N 89' 56 ' 56 " W 894 . 6 ' r — � , r- , , . ACL �` }_i v `% u /AD SECTION LINE i SE CORNER RIGHT— OF— WAY PER SW 1 /4 14 - 32 - 39 BEINDORF & ASSOCIATES INDIAN RIVER BOULEVARD y PROJECT No . 8810 . 01 + x DATED 3 - 21 INDIAN RIVER BOULEVARD 200 ' WIDE RIGHT— OF— WAY GRAPHIC SCALE 200 0 100 200 DESCRIPTION OF ROAD RIGHT—OF— WAY FOR 53RD STREET THAT PART OF THE SOUTHWEST ONE—QUARTER OF SECTION 14, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LYING SOUTH OF THE SOUTH RIGHT—OF— WAY OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT'S ( IN FEET ) NORTH RELIEF CANAL, EAST OF THE EAST RIGHT-OF- WAY OF U. S. HIGHWAY NUMBER 1 (STATE ROAD NUMBER 5), AND NORTH OF THE NORTH RIGHT- OF- WAY OF 53RD STREET (KINGSBERRY ROAD) BEING SKETCH OF DESCRIPTION ONLY. 1 inch = 200 ft. MORE PARTICULARLY DESCRIBED AS FOLLOWS: KJ U) COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 32 SURVEYOR ' S NOTES : t1 SOUTH, RANGE 39 EAST, RUN NORTH 00049 ' 12 " EAST ALONG THE EAST LINE OF SAID SOUTHWEST Q QUARTER A DISTANCE OF 60. 00 FEET TO THE NORTH RIGHT-OF- WAY LINE OF 53RD STREET (KINGSBERRY 1 . UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED ROAD); THENCE RUN NORTH 89056056 " WEST ALONG SAID NORTH RIGHT- OF- WAY LINE A DISTANCE OF SURVEYOR AND MAPPER THIS DRAWING, SKETCH , PLAT OR MAP IS FOR INFORMATIONAL PURPOSES 0 709. 36 FEET TO THE POINT OF BEGINNING; FROM THE POINT OF BEGINNING RUN THE FOLLOWING THREE ONLY AND IS NOT VALID . o COURSES ALONG THE NORTH RIGHT- OF- WAY OF 53RD STREET (KINGSBERRY ROAD): NORTH 89'56 '56 " WEST A DISTANCE OF 185. 30 FEET; NORTH 00'49012 " EAST A DISTANCE OF 10. 00 FEET, NORTH 89056 '56 " 2 . NO SEARCH OF THE PUBLIC RECORDS WAS MADE BY THIS FIRM OR SURVEYOR FOR WEST A DISTANCE OF 803. 80 FEET TO A POINT OF CURVATURE OF A NON- TANGENT CURVE- FROM SAID EASEMENTS , RESERVATIONS , ABANDONMENTS , RESTRICTIONS AND/OR RIGHTS -OF-WAY. M POINT OF CURVATURE RUN NORTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST 0 o HAVING A RADIUS OF 16528. 86 FEET, A CENTRAL ANGLE OF 00'06 '30 " SUBTENDED BY A CHORD 3 . NO FOUNDATIONS OR UNDERGROUND INSTALLATIONS HAVE BEEN FIELD LOCATED PER THIS BEARING AND DISTANCE OF NORTH 16' 1226WEST, 31 . 25 FEET AN ARC DISTANCE OF 3125 FEET TO A N ' " . � SURVEY, UNLESS OTHERWISE NOTED . N POINT ON CURVE; THENCE RUN SOUTH 89'56056 " EAST ALONG A LINE NON- TANGENT TO SAID CURVE A o DISTANCE OF 997. 88 FEET; THENCE RUN SOUTH 00' 17004 " WEST A DISTANCE OF 40. 00 FEET TO THE POINT OF BEGINNING. 4. LEGAL DESCRIPTION DEVELOPED BY PROFESSIONAL SURVEYOR AND MAPPER . 5 . THIS SKETCH WAS PREPARED TO DELINEATE PROPOSED ROAD RIGHT- OF- WAY ABANDONMENT. SAID LANDS LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, CONTAINING 31 , 655. 95 SQUARE FEET, F- MORE OR LESS. 6 . NO SURVEY FIELD WORK WAS PERFORMED TO DELINEATE. BQVNOAR*Y, } = 7 . BEARINGS SHOWN ARE BASED UASSI � 1ATtlM € 1<11V 6F THE NORTHWEST ~ W QUARTER OF SECTION 23 BEARIN W to ' WJ 'yF �i t a. rts F '� •M � i4' � , r ar .' " jai a"'Irfy9 " O o - CARTER ASSOCIATES, INC . ; 4y `, ' N LO 10) CONSULTING ENGINEERS AND LAND SURVEYORS / s " ' � ! _•- O v C) 1708 21st STREET 772-562-4191 PHONE s� Florida FRANKS (PHONE) s1�� telt SIMATU4 DATE s (IVERO BEACH, FLORIDA 32960 772-562- 7180 (FAX) RE IS No. 4765 ` W cn CARTER A$SOCIA7ES; INC. LB 205 w ! 3/20/03RESO(LEGAL)WGC/nhm RESOLUTION NO . 2003 - 037 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, APPROVING AN EXCHANGE OF 53RD STREET RIGHT=OF = WAY WITH GHA GRAND HARBOR, LTD . WHEREAS , GHA Grand Harbor, Ltd . has acquired and owns property on three sides of the eastern extension of 53rd Street right-of-way lying east of the northern terminus of Indian River Boulevard ; and WHEREAS , Grand Harbor desires to exchange County right-of-way to the east of the northern terminus of Indian River Boulevard for additional 53rd Street right-of-way lying west of the northern terminus of Indian River Boulevard ; and WHEREAS , Grand Harbor has agreed to pay additional compensation in the amount of $ 35 , 890 . 12 to Indian River County as a part of the exchange ; and WHEREAS , the terms and conditions of the proposed exchange have been noticed in the newspaper once a week for two weeks pursuant to Florida Statute 125 . 37 , NOW, THEREFORE , BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the "Agreement between Indian River County , Florida and 1 I l4 RESOLUTION NO . 2003 - 037 Grand Harbor Relating to the Exchange of Real Property" is approved and Chairman is authorized to execute the Agreement and any necessary deed to effectuate the exchange . The resolution was moved for adoption by Commissioner Ginn and the motion was seconded by Commissioner Lowther and , upon being put to a vote , the vote was as follows : Kenneth R . Macht , Chairman Ave Caroline D . Ginn , Vice Chairman Aye Fran B . Adams Absent Thomas S . Lowther Aye Arthur R . Neuberger Aye The Chairman thereupon declared the resolution duly passed and adopted this 1 st day of April , 2003 . BOARD OF COUNTY COMMISSIONERS INDIA ER COUNT ORIDA By K neth R . Md6fitg3Ch an BCC approved :_ April 1 , 200 � A ST : Jeffrey K . Barton , Clerk Deputy Cl Approved as to form and legal sufficiency: By: UT05� 4�t ` � `� 1 William G . Collins II County Attorney 2 . A. Settlement Statenient U. S . Department of Housing and Urban Development .,". Be Te of Loan OMB No. 2502-0265 1 .0 FHA 2 . ❑ FmHA 3 . ❑ Conv. Unins . 6 . File Number 7 . Loan Number 8 . Mortgage Insurance Case Number 4 .0 VA 5 . El Conv. Ins . LANDSWA2 C . NOTE : This form is furnished to give you a statement of actual settlement costs . Amounts paid to and by the settlement agent are shown . Items marked "(p . o . c .) " were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D. NAME OF BORROWER: Peter J. Henn, P .A . , a Florida corporation, as Trustee under that certain Trust Agreement dated June 20, 2002 ADDRESS OF BORROWER: 3755 7th Terrace, Suite 301 , Vero Beach, FL 32967 E . NAME OF SELLER: Indian River County, Florida, a politicial subdivision of the State of Florida ADDRESS OF SELLER: 1840 25th Street, Vero Beach, FL 32960 F. NAME OF LENDER: N/A ADDRESS OF LENDER: G. PROPERTY LOCATION : 53rd Street Right of Way Exchange Vero Beach, FL 32967 H. SETTLEMENT AGENT: HARBOR TITLE & ESCROW COMPANY 3755 7TH TERRACE, VERO BEACH, FL 32967 PLACE OF SETTLEMENT: 3755 7TH TERRACE, VERO BEACH, FL 32967 1. SETTLEMENT DATE : J. SUMMARY OF BORROWER' S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100 , GROSS AMOUNT DUE FROM BORROWER 400 . GROSS AMOUNT DUE TO SELLER 101 . Contract sales price 68 566 .41 40.1 . Contract sales price 68t566 ,41 102 . Personal propeM 402 . Personal nropeqy 103 . Settlement charges to borrower line 1400 925 .45 403 . 104 , 404 105 . 405 . Adjustments for items aid by seller in advance Adjustments for items 12aid by seller in advance 106 . Cit /town taxes to 406 . i /town taxes to 107 . Coun1y taxes to 407 . Counly taxes to 108 . Assessments to 408 . Assessments to 109 . to 409 . to 110 . to 410. to 111 . to 411 . to 112 . to 1412 . to 120 . GROSS AMOUNT DUE FROM BORROWER 1 69,491 .86 420 . GROSS AMOUNT DUE TO SELLER ' 68,566.41 200 . AMOUNTS PAID BY OR IN BEHALF OF BORROWER 500 . REDUCTIONS IN AMOUNT DUE TO SELLER 201 . De osit or earnest money 501 . Excess deposit see instructions 202 . Princi al amount of new loans 02 . Settlement char es to seller line 1400 203 . Existin loans taken subject to 503 . Existing loans taken subject to 204 . 504 . Payoff of first mortgage loan 205 . 505 . Pa off of second mortgaize loan 206 . Princi al amount of seller financing 506 . Princi al amount of seller financing 207 . 507 . 208 . Credit for Land PaMent 32 , 676 . 29 508 , Credit for Land Pa=ent 32 , 676 ,29 209, 509 , 209a 509a 209b 509b Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210. Ci /town taxes to 510 . Cit /town taxes to 21 I . County taxes to 5 11 . Countv taxes to 212 . Assessments to 512 . Assessments to 213 . to 513 . to 214 . to 514 . to 215 . to 515 . to 216 . to 516 . t 217 . fn 517. t 218 . to 518 . to 219 . to 519 . to 220 . TOTAL AMOUNTS PAID 520 . TOTAL REDUCTIONS IN BY OR IN BEHALF OF BORROWER 32 ,676.29 AMOUNT DUE SELLER 32,676.29 300 . CASH AT SETTLEMENT FROM/TO BORROWER 600 . CASH AT SETTLEMENT TO/FROM SELLER 301 . Gross amount due from borrower line 120 69 491 . 86 601 . Gross amount due to seller line 420 68 566 .41 302 . Less amounts vaid by/for borrower line 220 32 676 .29 602 . Less reductions in amount due seller line 520 32 676 .29 303 . CASH ® From ❑ To BORROWER 369815.57 603 . CASH ® To ❑ From SELLER 351890. 12 PAGE 1 HUD- 1 (3 -86) RESPA, HB 4305 .2 4#000 Disnlav Fvs[ems. Inc. !8631 763-5555 - Laser Generated U. S . DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT PAGE 2 L. Settlement Char es 700 . TOTAL SALES/BROKER'S COM. based on price 684566e4l % = Paid From Paid From Division of Commission line 700 as follows : Borrower's Seller's 701 t Funds At Funds At 702 • to Settlement Settlement 703 , Commission 12aid at Settlement 704 . to 800 . Items Payable In Connection With Loan 801 . Loan Ori 'nation Fee % t 802 . Loan Discount ° to 803 . Appraisal Fee to 804. Credit Roort to _ _805 . Lender's Inspection Fet, to 806 . MortQajze Insurance Application Fee to 807 . to 808 . to 809 . to 810. to 811 . to 812 . to 813 ,814 . to to 815 . to 900 . Items Required By Lender To Be Paid In Advance 901 . Interest from 5/20/200L to 6/ l /2003 /day 902 . Mortizage Insurance Premium for months to 903 . Hazard Insurance Premium for years to 904 , ears to 905 . years to 1000 . Reserves Deposited With Lender 100 1 Hazard insurance 1002 . Mortgage insurance monthsQ per month 1003 . Cijy propeMtaxes months@ 12er month 1004 . Counjy propgMtaxes months@ per month 1005 . Annual assessments month er month 1006 , months@ per month 1007, months month 1008 . monthsper month 1009 . 1100 . Title Charges 1101 . Settlement or closing fee to 1102 . Abstract or title search to 110 . Title examination to 1104. Title insurance binder to 1105 . Document re aration to 1106 . NotgU fees to 1107 . Attotne fees to includes above items numbers : 1108 . Title insurance to includes above items numbers : , 1109 . Lender's overage : Risk Premium INS AMT: 1110 . Owner's Covera e : Risk Premium INS AMT: 8 5 6 .41 Ing I II10a 1111 . to 1112 . to 1113 . to 1200 . Government Recordin and Transfer Charges 1201 . _ o 1202 . Cit /count tax/stam s • Deed • L-Morta e s S-Morta e s 1203 . State tax Stam s • Deed 480.2 • L- o aes -M rta e s 480 ,20 1204. Deed from Grand Harbor $ 10. 50 Clerk of Court 10. 50 1205 . Deed from Grand Harbor (S12 .676 . 29) Clerk of Court 22 & 90 1300 . Additional Settlement Charges 1301 . Surveyto 1302 . Pest Inspection to 1303 . Roof Inspectionto 13040 1305 , 2003 Real Prop Tax Escrow 1 / 1 -5/20/03 to Indain River Coun 190. 85 1306 . to 1307 . . _ to 1308. to 1309 . to 1400 . Total Settlement Charges (enter on lines 103 , Section J and 502, SectionK) 925.45 CERTIFICATION DATE: 5/20/21003 I have carefully reviewed the HUD - I Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receip s and disbursements made on my account or by me in this transaction. I further certify that I have received a cop f the HUD - 1 Settlement Statement. Peter J. Henn, P. A. , a Florida corporation, as Trustee Indian River Coun o ' a, a politic ' 1 subdivision under that ertain Trust Agreement dated J me 20, 2002 of the State o rids By: Borrower B : 1� Peter J . Henn, Presidentv Seller Terrence O rien, Attorney Borrower Seller The HUD- 1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused the funds to be disbursed in accord- ance with this statement. HARBOR TITLE & ESCROW COMPANY I Settlement Agent 5/20/2003 Date WARNING : It is a ime to owtngly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and imprisonmen . or etails see: Title 18 U. S. Code Section 1001 and Section 1010. LANDSWA2 I �. , . L-v � Y J . ro C� ppq TARYS1J11 li IN T�I-1E RECe�ns This Document Prepared By and Return to : JEFFREY Harbor Title & Escrow Company DEED = �, � 0 K. BARTON(` Attn : Denielle M . Landers , CLA CIEP +� GIx�CU1TCOUFI'p 3755 7th Terrace , Suite 301 NOTE = TERCO „ FlA, - � Vero Beach , FL 32960OW KSAWA, CM INDU RM =0 Parcel ID Number: -- Grantee # 1 TIN : wy Grantee #2 TIN : special y 2003 A.D >al Warranty Deed Between This Indenture, Made this 20th day of May Peter J . Henn , P . A . , a Florida corporation , as Trustee under that certain Trust Agreement dated June 20 , 2005?�te of Florida , grantor, and of `hc .. =y O, Indian Rive Florida , apolitical subdivision of the State of Indian River County , o w Florida whose address is : 1840 25th Street , Vero Beach , FL 3296 State of Florida , grantee. of the County of Indian River 9 -- Witnesseth that the GRANTOR, for and in consideration of the sum of DOLLARS , _ _ _ _ _ _ _ _ ;y . . . . . _ _e - - TEN DOLLARS ( $ 10 ) - - - and other good and valuable consideration to GRANTOR in hand heirpais , suc successors and and a the fo ever, the ofollowing described land, situate, granted , bargained and sold to the said GRANTEE and GRANTEE'S State of Florida to wit: g~ lying and being in the County of See Exhibit " A ” attached hereto Subject to restrictions , reservations and easements of record , if any , and taxes subsequent to 200 2 . Together with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. n fee simple; that grantor has And the grantor hereby covenants with said grantee that grantor is lawfully seized of said land i good right and lawful authority to sell and convey said land ; through; at grantor he g y fully warrants the title to said land and will der defend the same against the lawful claims of all persons claiming y, g or In Witness Whereof, the grantor has hereunto set its hand and seal the day and year first above written .en. a Florida Signed, sealed and delivered in our presence : Peter J . Henn , corporation , as Trustee under that ted June certain Trust Agreement da 20 , 2002 (Seal) By ' President � Peter J . Henn , Printed Name : d � P . C . Address : 3755 7th Terrace, SS::te 301 , Yeru Beach, FL 32950 Witness cr r anted Name : Denielle M .. Landers (Corporate Seal) Witness !16,0 C.fl STATE OF Florida COUNTY OF Indian River 2003 by13 The foregoing instrument was acknowledged before me this 20th day of May ,.J'1 ti Peter „ J . Henn , President of Peter J . Henn , P . A . , a Florida corporation , as Trustee under that certain Trust Agreement dated June 20 , 2002 on behalhft oqf the corporation he is personally known tome or he has produced his Florida driver ' s ieense as identification. "" d”4 DENIELLE M. LANDERS �yg1�"Y � ei .- MY COMMISSION Y !JD 070252 Pr...i ed Name EXPIRES: November 15 , 2005 Notary Public ,pa 1ho?o• Bonded Thru Notary Public Underwriters My Commission Expires: LANDSWAP Laser Generated by ccs Display Systerns, Inc. , 2000 (863) 763-5555 Forth FLSWD- 1