HomeMy WebLinkAbout1989 07 11 - AgreementA G R E E M E N T
BETWEEN
INDIAN RIVER COUNTY, FLORIDA,
AND
NELSON HYATT
RE: COUNTY TAKF-OVFR nF IITII ITY SYSTFM
THIS AGREEMENT, made this 11th day of July ,
1989, between INDIAN RIVER COUNTY, a political subdivision
of the State of Florida, 1840 25th Street, Vero Beach, FL
32960 (COUNTY) and NELSON HYATT (SELLER), whose address is
12505 North A -1-A, Vero Beach, FL 32963
W I T N E S S E T H
WHEREAS, SELLER is the owner of a water and
wastewater utility system servicing a portion of the City of
Sebastian; and
WHEREAS, COUNTY has embarked on a program of
providing quality water and wastewater service to as much of
Indian River County as is financially feasible; and
WHEREAS, as part of this program, the COUNTY has
approached SELLER concerning purchasing his utility system;
and
WHEREAS, SELLER has agreed to this purchase by
COUNTY, provided that he will have five years in which to
finish his development, without paying impact fees, and for
those units sold before the end of the five-year period,
Impact fees will have to be paid only as those units are
resold; and
WHEREAS, SELLER would like to receive a return of
his initial capital investment of some $777,000 used to
construct the utility; and
WHEREAS, the COUNTY agrees to this, provided that
only the customers in the service area of SYSTEM at the date
of this agreement shall be charged for this expense,
NOW, THEREFORE, for and in consideration of the
mutual covenants contained herein as well as other good and
valuable consideration, the COUNTY and SELLER agree as
follows:
1
1. EXHIBITS TO BE PART OF THIS AGREEMENT:
Attached to this agreement are certain exhibits
which shall be considered to be integral parts of this
agreement as much as if they were written in this agreement.
This list of exhibits is as follows:
Exhibit "A" - Description of all personal
property, customer deposits, and fixtures included in sale
of SYSTEM.
Exhibit "B" - Legal description of real
property (PROPERTY) to be sold to COUNTY.
Exhibit "C" - Description of all easements to
be transferred to COUNTY.
Exhibit "D" - Service area of utility SYSTEM.
2. DEFINITIONS:
A. SYSTEM - For convenience, the term
STEM" sha t6 designate the asset;; ,business
ISM1.0r-tl6SJOAg WhiCN SELLrtk'owns'lor in which it has
a legal Interest 19witf,n6t Including the "excluded assets,'+''
which are being purchased by COUNTY and which include the
following:
(1) The items of inventory described in
i
Exhibit "A."
(2) The real estate owned by SELLER
described In Exhibit "B" and all buildings and Improvements
owned by SELLER located thereon. SELLER shall transfer or
cause to be transferred feesimple title to all of said real
property necessary to the SYSTEM.
(3) All easements, licenses, rights of
way, and consents owned by SELLER for the construction,
operation, and maintenance of the SYSTEM, including the
easements specifically set forth on Exhibit "C."
(4) All water and wastewater plants,
lines and facilities of every kind and description
whatsoever, including collection mains, transmission mains,
effluent distribution pipes, lift stations or facilities,
2
valves, service connections, and all other physical
facilities and property installations in use in connection
with the SYSTEM.
(5) All of SELLER's rights of every
character whatsoever and all certificates, immunities,
privileges, permits, licenses, easements, consents, grants,
ordinances, leaseholds, and rights of way, and all rights to
construct, maintain, and operate plants and systems for the
collection of sewage and promises of water and every right
of every character whatever in connection therewith; and all
renewals, extensions, additions, or modifications of any of
the foregoing;
(6) Copies of all past and current
customer records, books, prints, plans, engineering reports,
surveys, specifications, shop drawings, equipment manuals
and other Information required by COUNTY which are in
possession of SELLER or Its agents on the closing date
pertaining to the operation of the system.
(7) A set of record drawings, including
as -built drawings, if available, showing all facilities of
the utility system, including structural, mechanical, and
electrical details. Such drawings shall also include any
original tracing, sepias, or other reproducible material
where same is in possession of SELLER.
B. EXCLUDED ASSETS - Cash or bank accounts
of SELLER which are SELLER's sole property and which are not
subject to refund to customers or which have no application
to specific purposes or uses of the SYSTEM.
4. RIGHT OF FIRST REFUSAL: COUNTY agrees to deed
the real property described on Exhibit "B" to SELLER when
the COUNTY no longer uses the property in its utility
operation or at the end of ten years from the date of this
agreement, whichever comes first; provided that if at the
end of ten years the COUNTY still needs the property, the
COUNTY shall pay the fair market value of the property to
SELLER, and SELLER shall have no further claim against the
property.
3
4
5. WARRANTY OF TITLE; HOLD HARMLESS: SELLER
shall warrant title to all the real and personal property in
SYSTEM and shall hold the COUNTY harmless from any and all
claims for damages from third parties, and in particular for
any claims from LAKE DELORES UTILITIES AND CABLE TELEVISION
SYSTEMS, INC.
6. IMPACT FEES: After five years from the date
of this agreement SELLER shall be obligated to pay impact
fees to the COUNTY, at the rate then current, for each unit
which thereafter requires a Certificate of Occupancy. Units
which have had a Certificate of Occupancy issued to them
before five years from the date of this agreement must have
an impact fee paid when that unit is resold, without regard
to the five-year SELLER's grace period. At closings on such
sales, SELLER or successor in title shall collect the impact
fee and remit it to COUNTY.
7. SURCHARGE ON RATES: COUNTY shall establish a
surcharge on water and wastewater rates for customers in the
service area as shown on Exhibit "D." The surcharge shall
be collected by the COUNTY for ten years only or until
$777,000.00 has been paid, whichever comes first, and funds
so collected shall be remitted quarterly to SELLER. SELLER
agrees that the funds so remitted shall be full satisfaction
for SELLER's right to be reimbursed for its equity in the
SYSTEM. The COUNTY surcharge shall be $10 per ERU
(equivalent residential unit).
8. CLOSING DATE
or before August I, 1989.
The closing shall take place on
IN WITNESS WHEREOF, the parties hereto have set
their hands and seals on the date first set forth above.
Attest
i
:....
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By —�_---
�ary heeTei
Ch a iLtman
4
(SEAL)
lid -an Rm C¢App(oved Dale
A.imin f[ $-30-6 _
15-3o-gi
tnn:
s,
J
Witness
Ae I to ya t tri—'—�—
Attachments: Exhibits "A," "B," "C," and "D"
RE: NELSON HYATT WATER AND SEWER UTILITIES
EXHIBIT A
1. No inventory is included with the purchase -
0
THIS GRANT OF EASEMENT, made and executed this
_nth day of June --------- , A.D. 1989, by
NELSON C. HYATT, whose Post Office address is 12505 N. A -1-A
Vero Beach, FL 329G3, hereinafter called GRANTOR,
to
INDIAN RIVER COUNTY, a political subdivision of the State of
Florida, 1840 25th Street, Vero Beach, FL 32960, hereinafter
called GRANTEE.
(***Whenever used herein, the terms GRANTOR and GRANTEE
Include all the parties to this instrument and their heirs,
legal representatives, successors, and assigns.)
WITNESSETH: That Grantor for and in consideration
of the sum of TEN DOLLARS and other valuable consideration,
receipt of which Is hereby acknowledged by these presents
does grant, bargain, sell, alien, remise, release, convey,
and confirm unto the Grantee, a perpetual easement of 10 -
feet In width for utilities over, across, and beneath— Me
following described land, situate In Indian River County,
Florida, to -wit:
EXHIBIT "AI' ATTACHED HERETO AND MADE A PART HEREOF and
EXHIBIT "A-1" ATTACHED HERETO AND MADE A PART HEREOF
AND Grantor hereby covenants with said Grantee
that the Grantor is lawfully seized of said servient land in
fee simple, and that the Grantor has good right and lawful
authority to convey the easement established hereby and will
defend the same against the lawful claims of all persons
whomsoever.
Grantor's
written.
IN WITNESSe-WHEREOF,
the Granto
has
hereunto set
hand and seal the
day/ d
year
first above
Signed sealed and
dell ed in the
pres ce of:
ss
e
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
;J
CIO
SWORN TO and subscribed before me by NELSON C.
HYATT. on this 15th day of June-----, 1989..
My Commission Expires:
NOTARY PUBLIC. STATE OF FLORIDA:
MY COMMISSION EXPIRES: DEC. 14. 1992.
"onoco rnnu no..n• •m uc u"ocnwm,cns.
DOC. ST. - PMT. 0 , S S
Jit @PP.TGI. C' -II; 14 CIrC141 Coad
Indian River CODnry - W CI>e"a2t•
111is document ivas prnnrred uy
nrd .':otlitl b retr. ::rl: to
fie;,
1 u4 tJ "Jiit :i1., 1�'•i a is L':ICflp
norida
O.R. 836 PG 1237
Parcel SEA #85 - North County Sewer Easement
EXHIBIT A
A 10 foot non-exclusive utility easement from the west
right-of-way of U. S. Highway No. 1 running in a westerly
direction within the 80 foot right-of-way of Stratton
Avenue on the northerly side thereof, to be located within
a 10 foot area from the existing pavement extending to
the existing sewer plant and from there to the existing
lift station, the said Stratton Avenue traversing the
real property described in Exhibit A-1.
O. R. 836 PG 1238~
.4
fl'he South '4 of the Soutlllwest ii -i
1/4, Section 20, Township 31 South, Range 39 East.
Parcel 2r
The Southeast 1/4 of the Southeast 1/4, Section
20, Township 31 South, Range 39 East, LESS that
portion lying East of Lite Florida East Coast Railroad
right-of-way.•
Parcel 3r
Tile
West
1/2 of the Southeast 1/4 of the Northwest
1/4
and
the Northeast 1/4 of the Southeast
1/4 of
tile
Northwest Northwest
1/4 of Section 29, Township 31
South,
Range
39
East, EXCEPT, the following three
parcels
of
lands
29,
Township
A.
Beginning
at a
point -25
feet
East
of the
North-
west
corner 'of
the
Southeast 1/4
of
the Northwest
1/4
of Section
29,
Township
31 South,
Range 39
East,
run
Eas.t 47
feet,
thence
South
150
feet,
thence
West
47 feet,
thence North
150
feet
to the
Point
of Beginning.
B. Beginning at a point 72 feet Fest of tine North-
west corner of the Southeast 1/4 of the Northwest
1/4 of Section 29, Township 31 South, Range 39 East,
thence East 100 feet, thence South 150 feet, thence
West 100 feet, thence North 150 feet to Point of
Beginning.
C. Beginning at a•point 25 feet East of Southwest
corner of Southeast 1/4 of Northwest 1/4 of Section
29, Township 31 South, Range 39 East, run North
50 feet thence East 100 feet, thence South 50 feet',
thence West 100 feet to Point of Beginning.
LESS road right-of-way.
Parcel 4r
Tile West 1/2 of the Northeast 1/4, Section 29, Town-
ship 31 South, Range 39 East.
Parcel 5r
That part of the NE 1/4 of SE 1/4 of Section 2U,
Township 31 South, Range 39 East, lying West of
the West right-of-way of Florida East Coast Railroad,
LESS .AND EXCEPT the following two parcels of lands
A. "The North 6.5 acres of the HE 1/4 of the SE
1/4.
B. The South 150 feet thereof.
The Northeast 1/4 of the Southeast 1/4 of Section 20,
Township 31 South, Range 39 East, Indian River County,
Florida, LESS and EXCEPT the followings
I. The North 6.5 acres thereof=
2. The South 150 feet lying West of the FEC right-of-ways
3. The South 550 feet lying East of the FEC right-of-way;
4. Right-of-way for U. S. Ilighway 91 and FEC Railroad.
That part of the Northwest 1/4 of the Southwest 1/4 of
Section 21, Township 31 South, Range 39 East, lying West
of U. S. Ilighway 01 right-of-way, less the South 550
feet thereof.
EXHIBIT A-1
tl
O. R. 836 PG 1240 }
Eek
Centerline description of a proposed 10' easement lying S' feet
on each aide of the following described linel Being a part
of Government Lot 13, Section 21, Township 31 south, Range 39
east and a part of the southeast 1/4 of Section 20, Township
31 south, Range 39 east. Indian River County, Florida; being
more fully described as follows;
Commencing at the' intersection of the west right-of-way line
of U.S. Highway 11 and the north line of the south 550 feet
of Government Lot 13, Section 21, Township 31 south, Range 39
east; thence N 26.00' W (assumed bearing) along said right-of-
way line, 108.00 feet to the Point of Beginning; thence S 83'52'
10" W, 196.00 feet; thence N 85'16'05" W, 111.45 feet; thence
N 68.17135" W, 180.45 feet; thence S 89'56152" W, 378.20 feet;
thence S 85'07110" W, 104.20 -feet, thence S 63'47'50" W. 357.78
feet; thence along a curve to the left having a delta of 64'.05'
17 a radius of 370 feet, an arc length of 413.86 feet; thence
S 0.17127' E. 400 feet; thencealonga curve to the right having
a delta of 70.001, a radius of 280.00 feet, an arc length of
342.08 feet; thence S 69'42'33" 'A, 90.70 feet; thence N 20'17'27"
W. 40.00 feet to the terminus of said centerline. Subject to
all easements and rights of way of record.
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PHONE 589-4810 POST OFFICE BOX 1045 * DRAIAANG
SEBASTIAN, FLORIDA 32958 SEA -a
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?0 VERIFIED
57a093
00 NOV -3 All 9: 34 IN THE CIRCUIT COURT, NINETEENTH
I FRK OF C11t„ till C
JUDICIAL CIRCUIT, IN AND FOR
r(Z[jj aWRIGHTIIIGOURT INDIAN RIVER COUNTY, FLORIDA.
'_II;I;iflw t_00..FLA.
BYG="`—'=-0 C• CASE NO. 88-0180 CA -09
Judge Paul B. Kanarek
�n
NELSON C. HYATT, ,. •_.
51.91E OF FLORIDA
Plaintiff, INDIAN RIVER COUNT-'
c,ir1
THIS IS TO CERTIFY 114AT 1HIS 15 S+"
A TRUE AND CORRECT COPY OF ,. -7 N tJ _.J
Vs.C
THE 7RIGINAL ON FILE IN THIS
OFFICE. sc%
R. STEPHEN MILES, JR.t FRW ICT LER _11•_i
as Trustee, et al., ev Mr.
Defendants. DATE / Uy
. . ............... ....
'CERTIFICATE OF TITLE
The undersigned Clerk of the Court certifies that she
executed and filed a Certificate of Sale in this action on the
day of October, 1988, for the property hereinafter
described, said sale having been confirmed by the Court.
The following property in Indian River County, Florida,
ON. SL - AIAT.
to -wit: FREDA WRIGItT. Clerk of Circuit Coul
Fldan River Colnty - byt„ �
1 Parcel It �'�+-��.
The South 3/4 of the Southwest 1/4 of the Southeast
1/4, Section 20, Township 31 South, Range 39 East.
I Parcel 21
The Southeast 1/4 of the Southeast 1/4, Section
20, Township 31 South, Range 39 East, LESS that
portion lying East of Elle Florida East Coast Railroad
right-of-way.,
Parcel 3L
The West 1/2 of the Southeast 1/4 of the Northwest
1/4 and the Northeast 1/4 of title Southeast 1/4 of
the Northwest 1/4 of Section 29, Township 31 South,
Range 39 East, EXCEPT. the following three parcels
of land:
A.
Beginning
at a
point 25
feet
East
of the
North-
west
corner of
the
Southeast 1/4
of
the Northwest
1/4
of Section
29,
Township
31 South,
Range 39
East,
run
East 47
feet,
thence
South
150
feet,
thence
West
47 feet,
thence
North
150
feet
to the
Point
of Beginning.
S. Beginning at a point 72 feet East of the North-
weet corner of the Southeast 1/4 of the Northwest
1/4 of Section 29, Township 31 South, Range 39 East,
thence East 100 feet, thence South 150 feet, thence
West 100 feet, thence North 150 feet to Point of
Beginning.
�Ilvlgl;r "P'*
n n non PP.
{
ngan
IFFICE
ICIAGHER
,M
!• HOAIDA
1100
C. Beginn.i..g at a point 25 feet East of Southwest
corner of Southeast 1/4 of Northwest 1/4 of Section
29, Township 31 South, Range 39 East, run North
50 feet thence East 100 feet, thence South 50 feet,
thence West 100 feet to Point of Beginning.
LESS road right-of-way.
Parcel 4:
The West 1/2 of the Northeast 1/4, Section 29, Town-
ship 31 South, Range 39 East.
Parcel 5t
That part of the NE 1/4 of SE 1/4 of Section 20,
Township 31 South, Range 39 East, lying West of
the West right-of-way of Florida East Coast Railroad,
LESS AND EXCEPT the following two parcels of land:
A. The North 6.5 acres of the NE 1/4 of the SE
1/4.
B. The South 150 feet thereof.
TOGETHER WITH the utility and water system, lines,
plant and all facilities relating thereto and located
on and being incorporated in the real property above
described.
SUBJECT TO a first mortgage to First Citizens Federal
Savings and Loan Association dated September 11,
1984 and recorded in Official Records Book 0693,
Page 2040, and Official Records Book 0696, Page
2939, Public Records of Indian River 'County, Florida,
in the original principal amount of $3,000,000.00.
(Modular homes are not included.)
was sold to Nelson C. Hyatt, 12505 N. AIA, Vero Beach, FL 32693
WITNESS my hand and the seal of this Court this
day of October, 1968.
FREDA WRIGHT
Clerk o the Circt- t Court
t c�' .
By
Deputy Cler
I HEREBY CERTIFY that a true and correct copy of the
forego4ng Certificate of Title was furnished by U. S. Mail this
day of October, 1988, to the parties named':oi`;the attached
mailing list,
CO
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LEGAL DESCRIPTION
COMMENCE AT THE NE CORNER OF THE NW 1/4 OF THE SE 1/4 OF
SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST
AND RUN
S 00 45' 33" E ALONG THE EAST LINE OF THE AFORESAID 40 -
ACRE TRACT A DISTANCE OF 211.99 FEET TO THE POINT OF
BEGINNING
THEN RUN
S 890 09'47" E A DISTANCE OF 108.90 FEET TO THE WEST LINE
OF THE FLORIDA EAST COAST RAILWAY ( 100 FEET WIDE).
THEN RUN
ALONG THE WEST RIGHT-OF-WAY, S 26000'12"E A DISTANCE
OF 659.37 FEET TO A POINT LYING N 26000' 12" E 12
FEET FROM THE CENTER OF PAVEMENT OF AN UNDEDICATED
ROAD.
THEN RUN
S 69014'27"W A DISTANCE OF 390.07 FEET TO THE AFORE-
MENTIONED 40 -ACRE LINE.
THEN RUN
N 0°45' 33" W ALONG THE SAID 40 -ACRE LINE A DISTANCE OF
599.43 FEET TO THE POINT OF BEGINNING.
CONTAINING 3.419 ACRES AND LYING IN INDIAN RIVER
COUNTY, FLORIDA.
j
C)
rn
Z
Cal
LEGAL DESCRIPTION
COMMENCE AT THE CENTERLINE INTERSECTION OF STRATTON
AVENUE AND BRISTOL STREET, AS SHOWN ON THE PLAT OF
SEBASTIAN HIGHLANDS UNIT 17, RECORDED IN PLAT BOOK 8
PAGE 46 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDAAND RUN ACCORDING TO THE SAID PLAT
S 0029'61" E ALONG THE CENTERLINE OF BRISTOL STREET
A DISTANCE OF 25.00 FEET. THEN RUN
EAST 25.00 FEET TO THE EAST RIGHT-OF-WAY OF BRISTOL
STREET AND THE POINT OF BEGINNING. THEN RUN
ALONG A 1014.13 FOOT RADIUS CURVE CONCAVE TO THE NORTH,
WITH A CHORD BEARING OF N 83' 37'33" E , THROUGH A
CENTRAL ANGLE OF 12° 44' 54", AN ARC DISTANCE OF
225.64 FEET TO A POINT. THEN RUN
S 00 29' 01 ° E A DISTANCE OF 169 FEET TO A POINT. THEN RUN
WEST 224 FEET TO A POINT. THEN RUN
N 0029' 01° W A DISTANCE OF 144 FEET TO THE POINT
OF BEGINNING.
CONTAINS 0.80 ACRES, LYING IN INDIAN RIVER COUNTY,
FLORIDA.
THE SETTING OF PROPERTY CORNERS IS BEING DEFERRED
AT THE REQUEST OF A REPRESENTATIVE OF THE
UTILITIES DEPARTMENT.
�I
s
Exhibit "A"
VILLAGES OF LAKE DOLORES FRANCHISE
LEGAL DESCRIPTION
PARCEL 1 - The South 3/4 of the Southwest 1/4 of the South-
east 1/4, Section 20, Township 31 South, Range 39 East.
PARCEL 2 - That part of the Southeast 3/4 of the Southeast
1/4, Section 20, Township 31 South, Range 39 East, lying west of
the Florida East Coast Railway right-of-way;
PARCEL 3 - The west 1/4 of the Southeast 1/4 of the Northwest
1/4 and the Northeast 1/4 of the Southeast 1/4 of the Northwest
1/4 of Section 29, Township 31 South, Range 39 East, except the
following 2 parcels of land:
1. Beginning at a point 25 feet east of the
Northwest Corner of the Southeast 1/4 of the
Northwest 1/4 of Section 29-31-39, run east
147 feet, thence South 150 feet, thence west
147 feet, thence north •150 feet to point of
beginning; and
2. Beginning at a 'point 25 feet east of'the
Southwest corner of Southeast 1/4 of North-
west,1/4 of Section 29-31-39, run north 50
feet, thence east 100 feet, thence south 50
feet, thence west 100 feet to the point of
beginning; less road right-of-way. ,
PARCEL 4 - The west 1/2 of the Northeast 1/4, Section 29,
Township 31 South, Range 39 East. Said property lying and being
in Indian River County, Florida.
PARCEL 5 - That part of the southeast quarter of the south-
east quarter of Section 20, Township 31 South, Range 39 East
lying Nest of the F.E.C. Railway right-of-way.
PARCEL 6 - That part of the northeast quarter of the south-
east quarter of said Section 20, less the north 6.5 acres there-
of; and less the south 150 feet lying west of the F.E.C. Railway
right-of-way, and rights-of-way for the F.E.C. Railway and U.S.
Highway No.' 1.
The Northeast 1/4 of the Southeast 1/4 of Section 20,
Township 31 South, Range 39 East, Indian River County,
Florida, LESS and EXCEPT the following:
I.
The North 6.5 acres
thereof;
2.
The South 150 feet
lying West of
the FEC right-of-way;
3.
'The South 550 feet
lying East of
the FEC right-of-way;
4.
Right-of-way for U.
S. Highway N1
and FEC Railroad.
That part of the Northwest 1/4 of the Southwest 1/4 of
Section 21, Township 31 South, Range 39 East, lying West
of U. S. Highway 01 right-of-way, less the South 550
feet thereof. ,
i
ri.