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Home My WebLink About2009-169 �taO / 9 - 1,6 �f THIS INSTRUMENT PREPARED BY MARIAN E . FELL , SENIOR ASSISTANT COUNTY ATTORNEY AND RETURN TO : 20OF116 COUNTY ATTORNEY' S OFFICE THIS DOCUMENT HAS i3 . EN =: ECC% RDED IN ' HE PL :' - IC RE `: 0FI ) S OF I VDIAN RIVER COL i +1 rY FL Parcel ID Number: 33-39 -25 -00006 -0040-00022 . 1 BK X355 PG 7102 , Fagot of 0 ; 71 ; 2009 at 09 52 AN11 DOCf : ; < F D $0 7'J jEFFREY K SARTON , CI_ = RK O Cc „JRT COUNTY DEED THIS COUNTY DEED made and executed this 9” day of June , 2009 , by Indian River County , a political subdivision of the State of Florida , whose mailing address is 1801 27th Street , Vero Beach , FL 32960 , hereinafter called " Grantor" or " County " to Indian River County Habitat for Humanity , Inc . , a Florida Not-for- Profit corporation , whose address is 4568 N . US Highway 1 Vero Beach , FL 32967 , hereinafter called " Grantee" . WITNESSETH : WHEREAS , Indian River County as Grantor , pursuant to the requirements of Section 125 . 379 Florida Statutes , prepared a list of County-owned land appropriate for the provision of affordable housing ; and WHEREAS , Indian River County as Grantor , on June 19 , 2007 , following a duly noticed public hearing , adopted Resolution 2007 - 068 , finding that certain County- owned parcels , as set forth therein , were appropriate for the provision of affordable housing ; and WHEREAS , Indian River County as Grantor agreed to donate the parcels to non - profit housing organizations for the construction of homes for very- low- income and low- income households ; and WHEREAS , Grantee is a Florida non - profit corporation and a corporation organized exclusively for charitable , religious , literary , scientific , and educational purposes as set forth in section 501 ( c ) ( 3 ) of the Internal Revenue Code of 1986 , as amended (" Section 501 ( c) ( 3 ) Entity " ) , and specifically organized for the purpose of building homes for very- low- income and low- income households , and WHEREAS , Grantee has formally requested that Indian River County as Grantor donate the land conveyed herein to Grantee for the construction of homes for very- low- income and low- income households ; and WHEREAS , Grantee acknowledges and agrees that this Deed contains restrictive covenants running with the land conveyed herein . NOW THEREFORE , Grantor , for and in consideration of the sum of TEN AND NO/ 100 DOLLARS ( $ 10 . 00 ) , and other valuable consideration , receipt whereof is hereby acknowledged , by these presents has granted , bargained , and sold to Grantee , its successors and assigns , forever , the following described lands lying and being in Indian River County , Florida and more specifically described in Exhibit A attached hereto and made a part hereof and hereinafter referenced as the " Lot" : SUBJECT TO restrictions , reservations , covenants and easements of record , if any , to the extent that the same are valid and enforceable , and to taxes subsequent to December 31 , 2009 , and SUBJECT TO that certain reversionary interest in the Grantor as set forth in Exhibit " B" attached hereto and made a part hereof; and 1 SUBJECT TO RESTRICTIVE COVENANTS RUNNING WITH THE LAND As to the Lot hereinabove granted , Grantee covenants and agrees , by accepting and placing this Deed of record in the public records of Indian River County , Florida , that Grantor conveys the Lot to Grantee with the following restrictions ( " Restrictions" ) that run with the land and touch and concern both the Lot and any and all single family or multi family residential dwelling units constructed on the Lot : For the purposes of this Deed , the Lot as improved with the single family residential dwelling is herein referenced as " Property" : 1 . Use of Property . The Property shall be used solely for residential purposes . The Property may not be used for any non - residential purposes whatsoever , except for home office uses permitted by applicable zoning regulations . 2 . Definitions The following terms as used in this Deed shall have the meanings given below : 2 . 1 . " Purchased" means by sale , court order , or other legal method of transfer or acquisition ; provided , however , that the Restrictions set forth in paragraphs 4 , 5 , 61 7 , and 8 shall be applicable to the inheritance of the Property by heirs of a Purchaser (who has previously satisfied the criteria set forth below) . 2 . 2 " Purchaser" means the natural person who has or natural persons who have : ( a ) Purchased the Property to use and occupy as the principal residence of the household ; and ( b ) a household Adjusted Gross Income ( as defined herein ) that qualifies as Very- Low- Income or Low- Income ( as such terms are defined in Florida Statutes section 420 . 0004 ) . 2 . 3 . "Adjusted for Family Size" means adjusted in a manner which results in an income eligibility level which is lower for households with fewer than four people , or higher for households with more than four people , than the base income eligibility determined as provided in Florida Statutes section 420 . 0004 ( 1 ) based upon a formula as established by the United States Department of Housing and Urban Development . 2 . 4 . " Adjusted Gross Income " means all wages , income from assets , regular cash or noncash contributions or gifts from persons outside the household , and such other resources and benefits as may be determined to be income by the United States Department of Housing and Urban Development , Adjusted for Family Size ( as defined herein ) , less deductions allowable under section 62 of the Internal Revenue Code . "Adjusted Gross Income" is calculated on an annual basis . 2 . 5 . " Affordable " is defined to mean that monthly principal mortgage payments , including taxes and insurance , do not exceed 30 percent of the annual Adjusted Gross Income for a household that is Very- Low- Income or Low- Income (as such terms are defined in Florida Statutes section 420 . 0004 ) 3 . Purchase of Property . The Property shall be Purchased only by Purchasers who meet the criteria set forth hereinbelow . 3 . 1 . The Purchase price of the Property , for all sales and resales of the Property , must be Affordable ( as defined herein ) to the new Purchaser . The Purchaser shall have monthly mortgage payments that are Affordable ( as defined herein ) . 3 . 2 . The Property may not be Purchased by a Purchaser whose household Adjusted Gross Income exceeds the thresholds set forth in Florida Statutes section 420 . 004 for Very- Low- Income or Low- Income households . 4 . Maintenance of Property . Purchaser shall maintain the exterior of the single family residential dwelling located on the Lot in good repair , including , but not limited to , painting , landscaping and lawn maintenance , as necessary . Purchaser shall maintain the Property in accordance with the applicable laws , regulations and ordinances of the County , and if applicable , the governing municipality . For so long as the original Grantee is the owner of the Lot or the Property , the maintenance obligations set forth herein are binding on Grantee . 2 5 . Covenants Run with the Land . All covenants , conditions and Restrictions contained in this Deed shall be covenants running with the land , and to the fullest extent permitted by law and equity, be binding upon the Property for the benefit of and in favor of , and be enforceable by , the County against the Grantee and any party in possession or occupancy of the Property or any portion thereof . The covenants , conditions and restrictions set forth in this Deed are intended to be perpetual , but may be modified in a document in recordable form executed by the County and the Grantee , or the Grantee' s successors in interest in the event that the character of the neighborhood within which the Property is located changes substantially through the passage of time 6 . Property as Servient Estate . For the purposes of this instrument , the Property and all portions thereof shall be the servient tenement and the County shall be the dominant tenement . The Restrictions shall run with the Property and be binding on all persons acquiring title to the Property , or any portion thereof , and all persons claiming under them . 7 . Enforcement by County . The County is the beneficiary of these Restrictions , and as such , the County may enforce these Restrictions by action at law or in equity , including without limitation , a decree of specific performance or mandatory or prohibitory injunction , against any person or persons , entity or entities , violating or attempting to violate the terms of these Restrictions . 8 . Waiver ; Invalidity ; Construction : Venue . Any failure of the County to enforce these Restrictions shall not be deemed a waiver of the right to do so thereafter . No waiver of these Restrictions shall be effective unless contained in a written document executed by County . Any waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver . If any covenant , restriction , condition or provision contained in this Deed is held to be invalid by any court of competent jurisdiction , such invalidity shall not affect the validity of any of the other Restrictive Covenants herein contained , all of which shall remain in full force and effect . This Deed shall be construed in accordance with the laws of Florida and venue shall be Indian River County , Florida . IN WITNESS WHEREOF , the Grantor has caused this Deed to be executed . in , it,� , nafne by its 1 . Board of County Commissioners , acting by the Chairman of such € oar'd, .he• -day and year aforesaid . INDIAN RIVER COUNTY Attest : J . K. Barton , Clerk r- By B Deputy Clerk Wesley S . Davis , Chairman BCC approval date Jame � , 2009 INDIAN RIVER COUNTY ACCEPTED : HABITAT FOR HUMANITY , INC . By A rew R . Bowler , President Aso known as : Andrew Bowler Dated July 15 , 2009 APFIRML' D AS iii F 0 H M AND ! !7 S1 r F= 1C - C eo� IZ Y MAP, AN E . trF0 [ n ASS `0 AN7 CM N ' � Al i ORNF_. Y 3 Full Legal Description for Parcel 33392500006004000022 . 1 Page 1 of 1 Parcel : 33392500006004000022 . 1 Full Legal Description INDIAN RIVER FARMS CO SUB IND RIV FARMS CO SUB PBS 2 -25 N 280 FT OF S 1060 FT OF W 125 FT OF E 135 FT OFW 10 A OF E 20 A O F TR 4 (OR BK 465 PP 970) print ( close E X H I dB I T A ! � http : //www . irepa . org/Tools[FultLegal . aspx ?ParcelID = 33392500006004000022 . 1 5/20/2009 EXHIBIT B [paragraphs 1 . 1 ; 3 . 1 ; and 9 . 1 ( a ) of that certain "AGREEMENT BETWEEN INDIAN RIVER COUNTY AND HABITAT FOR HUMANITY , INC . FOR DONATION OF SURPLUS COUNTY OWNED LANDS " by and between Grantor and Grantee (therein styled "Applicant" ) dated as of June 2 , 2009 , a complete copy of which is on file with the office of the Clerk to the Indian River County Board of County Commissioners . ] 1 . 1 . Applicant shall construct and complete , through the receipt of a Certificate of Occupancy , one single family residence on each Lot within three ( 3 ) years of the date of the deed of conveyance of the Lots to Applicant . Applicant and County acknowledge and agree that one ( 1 ) of the Lots has the capacity to be subdivided into multiple Lots and each such subdivided Lot shall have one ( 1 ) single family residence on it and all such subdivided lots are , for all purposes herein , collectively included within the terms Lot and Lots . If a Certificate of Occupancy is not issued for any of the single family residences on any Lot within the referenced 3 year timeframe , the title to any such Lot shall revert to the County unless an extension of the three ( 3 ) year time frame is approved by the Indian River County Board of County Commissioners at a regularly scheduled meeting thereof . 3 . 1 . Applicant shall maintain its existence as a not-for-profit corporation under the applicable laws of the State of Florida and its qualification as a Section 501 (c ) ( 3 ) Entity during the term of this Agreement . Applicant acknowledges and agrees that , in the event ( a ) Applicant loses its status as Section 501 ( c ) ( 3 ) Entity ; or ( b ) Applicant dissolves its corporate existence , and either of the foregoing occur while Applicant is still the owner of the Lots , then all right , title and interest of Applicant in and to the Lots shall automatically terminate and be rendered null and void , and all right , title and interest in and to the Lots shall automatically vest in Indian River County , a political subdivision of the State of Florida . 9 . 1 . Applicant acknowledges that the County is donating the Lots pursuant to Florida Statutes section 125 . 379 for the construction of permanent affordable housing . Accordingly , the parties acknowledge and agree that the County ' s remedy for breach of this Agreement by Applicant shall be as follows : ( a ) Any use of any Lot by Applicant in violation of this Agreement shall result in reversion of the Lot to the County and Applicant shall , immediately upon request of County , execute and record a Quitclaim Deed conveying such Lot to the County . This Document Prepared by and Return to : Bruce Barkett, Esq . Collins , Brown, Caldwell , Barkett & Garavaglia, Chartered 2060955 O. 756 Beachland Blvd . T HIS DOCUMENT HAS BEEN Vero Beach, FL 32963 RECORDED IN THE PUBLIC RECORDS ( P) 772/231 -4343 OF INDIAN RIVER COUNTY FL BK. 2414 PG 965 . Pagel of 4 0ar4>22010 at 04 24 PM , DOC STAMPS D +� I Parcel I . D . No . : Pali of: 33 39 25 00006 0040 00022 . 1 Q� ,rj Y � 7 rFFRFY K BARTON , C ' FRK OF COURT �C' WARRANTY DEED J THIS Indenture , made this /Ay day of e , 2010 A . D . , between Indian River County Habitat for Humanity , Inc . , a Florida non-profit corporation, of the County of Indian River , State of Florida . GRANTOR, and Indian River County , Florida, a political subdivision of the State of Florida, whose address is : 180127 th Street , Vero Beach, FL 32960 , of the County of Indian River , State of Florida, GRANTEE . WITNESSETH that the GRANTOR, for and in consideration of the sum of TEN AND NO/ 100 DOLLARS ($ 10 . 00) , and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged , has granted , bargained and sold to the said GRANTEE and GRANTEE ' s heirs , successors and assigns forever, the following described land, situate , lying and being in the County of INDIAN RIVER, State of FLORIDA , to wit: The North 50 feet of the South 275 feet of the North 280 feet of the South 1060 feet of the West 125 feet of the East 135 feet of the West 10 acres of the East 20 acres of Tract 4 , Section 25 , Township 33 South, Range 39 East , according to the last general plat of the lands of the Indian River Farms Company Subdivision as recorded in Plat Book 2 , page 25 , of the Public Records of St . Lucie County , Florida, said lands now lying and being in Indian River County , Florida . SUBJECT TO : Restrictions, reservations and easements of record , if any, and taxes subsequent to December 31 , 2009 . * * This is a gift from Grantor to Grantee. * * The preparer of this instrument was neither furnished with , nor requested to review , an abstract on the described property and thereof expresses no opinion as to the condition of title. and the Grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever . IN WITNESS WHEREOF , the GRANTOR has hereunto set its hand and seal the day and year first above written . Signed sealed and delivered in our presence : Indian River County fjabitat for Humanity , Inc . f 1 � f .0 A Florida non-prof o oron Name Printed : BY : Witne 7 A ' Name/Title : Andrew Bowler, President (Corp . Seal ) AlA Address : 4568 N . U . S . Highway # 1 AAAAA ame Print a �. ik'4�' '.c1 . %17�4E' «' Vero Beach, FL 32967 AAAAAA Witness NOTARY ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF INDIAN RIVER T)11e foregoing instrument was acknowledged before me this,2 day of , 2010 , by Andrew Bowler, as President of the Indian River County Habitat for Humanity , Inc . , a Florida non-profit corporation, who is either personally known to me or produced a driver ' s license as identification . (Notary Seal ) Name Printed : E-� SHIRLE AANN M. MURICONotary Public My coMMlssloN a vv s42a�a EXPIRES•, January ?0 , 2014My Commission ExpBondedThruNotaryPubllcUnderwrlters Exhibit "A " Sketch of Legal Description for Parcel Dedicated to Indian River County for Indian River County Habitat for Humanity of a Portion of Tract 4. Section 25, Township 33 South, Range 39 East, Indian River County, Florida Sheet I of 2 Not Valid Without All Sheets SURVEYORS NOTES 1) THE BEARING BASIS IS THE BASELINE FOR THE MAINTENANCE RIGHT— OF— WAY AS DEPICTED. THE LINE BEARS N00 '15036 "E 2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION TO WHICH IT IS ATTACHED. 3) ALL DIMENSIONS ARE CALCULATED UNLESSS OTHERWISE NOTED. 4) THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61 (317- 6, FLORIDA ADMINISTATIVE CODE, PURSUANT TO SECTION 472. 027, FLORIDA STATUTES. LEGEND R/W RIGHT— OF— WAY NO. NUMBER R RADIUS L LENGTH CH CHORD DISTANCE CB CHORD BEARING PSM PROFESSIONAL SURVEYOR AND MAPPER A DEL TA N NORTH S SOUTH E EAST W WEST MAINT. MAINTENANCE LEGAL DESCRIPTION PARCEL TO INDIAN RIVER COUNTY: THE NORTH 50 FEET OF THE SOUTH 275 FEET OF THE NORTH 280 FEET OF THE SOUTH 1060 FEET OF THE WEST 125 FEET OF THE EAST 135 FEET OF THE WEST 10 ACRES OF THE EAST 20 ACRES OF TRACT 4, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 39 EAST ACCORDING TO THE LAST GENERAL PLAT OF THE LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISON AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA . CONTAINING 0. 14 ACRES MORE OR LESS. SKETCH OF LEGAL DESCRIPTION Drawn byTDl` Checked ecked by File name Date Scale Drawing Name " This is NOT a Boundar SurveyCJG6424 13 / 15 / 10 11 = 50 ' 6424LEGAL T NOT VAUD WITHOUT THE SIGNATURE AND 1YlastelleP, J1491er, Reed d Taylor, hic. THE ORI ,INA ISED SEAL OF A FLORIDA LICEN SU VEYOR AND MAP PROFESSIOW4L SURJIEPO"S 4%DMAPPERS L� 4NDSIIRYET"GBUSXVESS ""4' r A 1655 27th Street , Suite 2 Vero Beach , Florida 32960 Phone : ( 772 ) 564- 8050 Fax: ( 772 ) 794- 0647 VID TAYLOR P. 5243 f Exhibit "A " Sketch of Legal Description for Parcel Dedicated to Indian River County for Indian River County Habitat for Humanity of a Portion of Tract 4. Section 25, Township 33 South, Range 39 East, Indian River County, Florida Sheet 2 of 2 Not Valid Without All Sheets PARCEL " D " MAINTENANCE I I NOT INCLUDED R/W UNE NORTH UNE OF THE NORTH 280' OF THE PARCEL UNE o �• 0D SOUTH 1060' + �� IVr25* N• I-�— 0. 0 0 cc Q 125. 5 ' TO MAINT. R/W 00 3 W W Z LU NORTH UNE OF CS I I o J �n THE SOUTH 275 ' Z °( z 50 ' TO INDIAN RIVER COUNTY ;� 0 3 Ln � Q 0. 14 ACRESto f v l— W I O O N0 ° 15 '36 "E z Z 125. 2' TO MAINT. R Z ^ --I10. b0 BEARING BASE BASELINE PER MAINTENANCE MAP N89102 '02 "W 125. 01 ' jNORTH UNE OF DEED UNE + PLAT BOOK 13, PAGE 46 0 o THE SOUTH 225 ' j N O oZo PARCEL " C " o o Uj NOT INCLUDED o N o MAINTENANCE `\4 R/W UNE 1 i SKETCH OF LEGAL DESCRIPTION jDrCawn by : Checked by File name Date I . Scarte ' ' Drawing Name " This is NOT a BoundarySurveyJG DMT 6424 3 / 15 / 10 1 " = 30` 6424LEGAL T NOT VALID WITHOUT THE SIGNATURE AND Masleller, Maler, Reed Taylor, IIIc. THE ORIGINAL , RAISED SEAL OF A FLORIDA LICENSE VEYOR ` AND MAPPER . PROFESSIOW4L JWRVEFORSf"W if APPERS LAND SIIRfWFINGBCSINESS' # "V //T\ 1655 27th Street, Suite 2 Vero Beach , Florida 32960 �OAVID , TAYLOR P:L.S. , Phone: ( 772 ) 564- 8050 Fax: ( 772 ) 794- 0647