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HomeMy WebLinkAbout1997 12 23 - Letter from Cornerstone with Correction AgreementCORNERSTONE SELECT HOMES, INC. December 23, 1997 Mr. Thomas W. Frame City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Sebastian Island - Correction Agreement Dear Tom, Please find enclosed, one (1) copy with original signatures of the Correction Agreement on Sebastian Island. Sorry for the delay, but the paperwork was misplaced at our main office. Please coordinate with Valerie Settles as to establishing a closing date on this transaction. I will call you after the holidays to get things going. Should you have any questions, please feel free to contact us. Hope you have a Merry Christmas & Happy New Year. Sincerely, i I Bill Adair P.O. Box 729, MEiboURNE, FL 32902-0729 Fax (407)Ti3- 448 OR (407)779-2611 P4 CNE (407)779-0622 CORRECTION AGREEMENT This Correction Agreement entered into this f day of �lt zw�ci�Gfi , 1997, by and between the City of Sebastian, Indian River County, Florida, hereinafter the''Citv', and ComerStone Select Homes. Inc.. hereinafter "Developer", to correct language within their existing agreement "Agreement"on "Sebastian Island" to the mutual benefit of both parties. WHEREAS, on January 16, 1997, the City and Developer entered into an agreement on the subdivision known as Sebastian Island to create a private community, vacate streets, exchange property of like value and benefit, grant easements onto each other and other items related to the development of Sebastian Island, and, WHEREAS, pursuant to the agreement of January 16, 1997, the City, on March 5, 1997 adopted Ordinance No. 0.97-42 vacating the streets within Sebastian Island; and, WHEREAS, pursuant to the agreement of January 16, 1997, the City on March 26, 1997 adopted Resolution No. R-97-22 Authoriatg the City Manager to sign, on behalf of the City, the necessary documents as required by the "Agreement', and, WHEREAS, both the City and the Developer agree that this Correction Agreement does not alter the intent or material content of the original "Agreement" but serves to act as an agreement to correct various Scriveners Errors. NOW THEREFORE, the parties agree as follows 1. The Legal Description for Tract "U" Block 598, as shown on page 2 of the original "Agreement" is to be revised to read: All that certain land situated in Sebastian Highlands Unit 17 as recorded in Plat Book 8, Page 46M of the land records of Indian River County, Florida, and that portion of the previously vacated rights of way for Empress Avenue and Ithaca Avenue described as Beginning at the Southwest comer of Tract "U", Block 598, said plat of Sebastian Highlands Unit 17, run East a distance of 100.00 feet to the point of curvature of a curve concave to the Northwest, thence along the curve having a radius of 25.00 feet, a central angle of 90 degrees, an arc distance of 39.27 feet, thence, run North a distance of 60.00 feet, thence East a distance of 25.00 feet, thence, South a distance of 110.00 feet, thence West a distance of 150.00 feet, thence North a distance of 25.00 feet to the Point of Beginning. 2. The Legal Description for Tract W" Block 595, as shown on page 2 of the original "Agreement" is to be revised to read: All that certain land situated in Sebastian Highlands Unit 17 as recorded in Plat Book 8, Page 46M of the land records of Indian River County, Florida and that portion of the previously vacated rights of way for Empress Avenue and Spring Vallev Avenue described as Beginning at the Northwest comer of Tract "W '. Block 595. said plat of Sebastian Highlands Unit 17. run East a distance of 100.00 feet to the point of curvature of a curve concave to the Southwest. thence along the curve having a radius of 25.00 feet, a central angle of 90 degrees, an arc distance of 39.27 feet: thence, run South a distance of 66.00 feet. thence East a distance of 25.00 feet, thence, North a distance of 116.00 feet, thence West a distance of 150.00 feet. thence South a distance of 25.00 feet to the Point of Beginning. 3. The City Manager is authorized to sign any and all documents necessary to implement this agreement or the agreement of January 16, 1997 A 7ST CMCCity Clerk Approved as to Form and Content Valerie F. Settles City Attornev STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY THE CITY of SEBASTIAN Thomas C. Frame City Manager SWORN TO AND SUBSCRIBED BEFORE ME BY %� �'I/r •�.G4jy/[Q WH� PERSONALLY KNOWN TO ME A _ OR PRODUCED S i CATION THIS /�cri� DAY OF .1997 NOTARY'S SIGNATURF PRINTED NAME OF NOTARI`L " COMMISSION SEAL p. ¢�.= MY caM USEV4 # cc 389M ., EXPIRES. ?en! 30, JM ' Pam.\` BondeU ru tiotdy Punic UrtCs \ ATTEST: T-- RNERST SELECT HOMES. INC. ;SJ to Waddell Y Robert DeHarder ,S�cretary President Witness STATE OF FLORIDA COUNTY OF BREVARD SWORN TO AND SUBSCRIBED BEFORE ME BY SLLg� �s. AI WHO IS PERSONALLY KNOWN TO ME ORn ^Tit.,riT('Fn M-EDENTIFWATION, THIS : % DAY OF Der a_,.L k o� NOTARY'S SIGNATURE iy t el PRINTED NAME OF NOT COMMISSION NO/EXPIRATION SEAL I.1 s c{- 1>-4ardef 11 A, _ 1997 'Al 'O& CYNTHIA L. LONGACRE - COMMISSION # CC 454297 z EXPIRES APR 20,1999 BON"44F VIMV ATLANTIC ONDING CO.. INC.