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HomeMy WebLinkAboutR-89-05 RESOLUTION NO. R-89-05 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE TRANSFER OF REAL PROPERTY; PROVIDING FOR THE TRANSFER OF A PORTION OF THE CURRENT MAiN STREET RIGHT-OF-WAY FOR ANOTHER PARCEL OF LAND IN ORDER TO REALIGN MAIN STREET; EXEMPTING SUCH TRANSFER FROM THE REQUIREMENT FOR AN APPRAISAL; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROViDiNG FOR AN EFFECTIVE DATE. WHEREAS, the Municipal Home Rule Powers Act permits a municipality to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the construction of a road right-of-way is a municipal purpose; and WHEREAS, a municipal governing body may, by ordinary vote, exempt a purchase of real property in an amount of $100,000.00 or less from the requirement for an appraisal as set forth in Section 166.045, Florida Statutes (Supp. 1988); and WHEREAS, the real property to be transferred is valued at an amount less than $100,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. AGREEMENT APPROVED. The City Council of the City of Sebastian hereby ratifies and approves the entering into the certain Agreement fq~ ..... Exchange of Real Property, dated January 11, 1989, by and between the City of Sebastian and Carl R. Julian, individually and as Trustee, identified as Appendix A and attached to this Resolution. SECTION 2. APPRAISAL. described in the Agreement The transfer of the real property shall not be subject to nor conditioned upon the performance of an appraisal. SECTION 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution Councilman ~~ uncilman ..~'~f~ ~ ~/~ te was as follows: was moved for adoption by . The motion was seconded by and, upon being put to a vote, Mayor Richard B. Votapka Vice-Mayor Kenneth Roth Councilman Peter Vallone Councilman Robert McCarthy Councilman George Metcalf The Mayor thereupon declared this [tion duly passed and adopted this ~ day of ~../~Y~ , 1989. CITY OF ~BASTIAN, FLORIDA Richard B. Votapka, Mayor Attest: Kathr~ M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to Form and Legal Sufficiency: Charles Ian Nash, Esquire City Attorney ~. ~c S .- ~ 19, ost . ~ast' ultF Seba, tO~ff~ Ce Bo~a~n~_ Manager ~an. Flo~.cu127 RE: -~ua 32978_0127 Ulian D r°Pert~ e~el°per' s ' Agreement Dear RObb: uur F~i~ $88-2510 PUrSUant forward: to o~r ~ ~'~is A~ Which ~ ~ with of ~uation. be via for EXchange of 19, 1989 for ?K/nch 'nClosure Call Very truly YOUrs. AssiStant c~ty A~orne~ g I am ~nge 3 N.~SH & F~CE, P.A. 930 S. lq~nncm ¢~¥ Bnvl). ,.q ~ ~vc ~,: 505 ~]~LBOI.IPAXrE, ~]_~ 32901 (407) AGRER~RNT FOR EXCHANGE OF REALPROPERTY · ~{IS AGREEMENT MADE this llth day of January , 1989, by and between the CITY OF SEBASTIAN, Florida, a Florida municipal corporation, hereinafter referred to as the "City" and CARL R. JULIAN, individually and as Trustee, hereinafter referred to as the "Owner". W I T N E S S E T H: WHEREAS, the City Council of the city of Sebastian, Indian River County, Florida (hereinafter referred to as the "City Council") has determined that in order to provide a safer roadway for the residents of Sebastian, a portion of Main Street should be realigned from what was formerly the western entrance to a certain platted Right-of-Way known as Yucca Court (which has since been abandoned pursuant to Ordinance 0-85-13), to the western boundary where the city hall for the City of Sebastian, Indian River County, Florida is currently located; and WHEREAS, the Owner owns a parcel of land that the City needs in order to realign Main Street, which the Owner pursuant to this Agreement has agreed to convey to the City; and WHEREAS, the City would transfer to the Owner a portion of the current Main Street roadway which the city will no longer need upon completion of the realignment of Main Street; and WHEREAS, the city Council had previously approved a conceptual plan for a development known as Saint Sebastian P.U.D.; and WHEREAS, the Owner currently owns the land comprising the NASH & l~ALLaC E, ,.q~ u-c~c/505 ~o~, ~ 32901 (407) 984-3300 development known as Saint Sebastian P.U.D.; and WHE~, the Owner has requested that the City extend the approval of the currently approved conceptual plan for Saint Sebastian, P.U.D. for an additional twenty-four (24) months; and WHE~, the Owner has agreed to contribute to the cost of realigning Main Street at such time as the Owner develops the saint Sebastian P.U.D. NOW, T~EREFORE, in consideration of the premises and the mutual covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Transfer to city. No later than January 25, 1989, the Owner shall deliver to the City Attorney for the city, a duly executed general warranty deed conveying legal title to the parcel identified on Exhibit "A" attached hereto and by this reference incorporated herein, to the City, along with a title insurance commitment issued by a Florida licensed title insurer agreeing to issue to the city, upon recording of the deed to the City, an owner's policy of title insurance in the amount of One Hundred Twenty Thousand and 00/100 Dollars ($120,000.00), insuring the City's title to the real property described in Exhibit "A" without any exceptions thereto. Therefore, there shall be no liens or other encumbrances with respect to the real property described in Exhibit "A" being conveyed by the Owner to the City. The general warranty deed for the real property described in Exhibit "A" shall be held in escrow by the city Attorney for the city until the City commences construction of the realignment of Main Street. At the 2 ~30 ~c~t. }, [Al~1~OE C~i'I'Y ]2JI,V~3. ~t rT'rE 505 (407) 004-3300 time the City commences construction of the realignment of Main Street, the City Attorney for the City shall record the general warranty deed for the real property described in Exhibit "A" in the public records of Indian River County, Florida. Between the time of the delivery of the general warranty deed by the Owner to the City Attorney through the time of the recording of the general warranty deed, the Owner shall not suffer any liens or encumbrances to attach to or affect in any manner the parcel identified on Exhibit "A" attached hereto and by this reference incorporated herein, and the owner's policy of title insurance delivered to the City pursuant to this Paragraph 1 shall be updated at the Owner's expense through the date of recording to reflect that there are no liens or other encumbrances with respect to the real property described in Exhibit "A" being conveyed by the Owner to the City through and including the date of recording of the general warranty deed. 2. Transfer to Owner. Upon the execution of this Agreement, the City shall sign a special warranty deed transferring title to the real property described in Exhibit "B" attached hereto and by this reference incorporated herein, to the Owner. The special warranty deed shall be held in escrow by the City Attorney for the City until construction of the realignment of Main Street is completed and the realigned roadway is open to public traffic. Subject to the provisions of Paragraph 19 of this Agreement, the City Attorney for the City shall cause the special warranty deed for the real property described in Exhibit "B" to be recorded in 3 S. H~.nnOl,~ C4'r'~' BLVD. S~rW~ 505 (407) 984-8800 the public records of Indian River County, Florida once the construction of the realignment of Main Street is completed and the roadway is open to the public. 3. Transfer to Skillman. Upon completion of the construction of the realignment of Main Street and the realigned roadway becoming open to the public for travel, the City shall execute a special warranty deed transferring the real property described in Exhibit "C" attached hereto and by this reference incorporated herein, to ROGER M. SKILLMAN and WAUNETA B. SKILLMAN, his wife, such real property having been part of what is currently the existing roadway of Main Street, but will no longer be part of the traveled roadway after the realignment of Main Street has been constructed. Subject to the provisions of Paragraph 19 of this Agreement, the special warranty deed shall be recorded in the public records of Indian River County, Florida, and the recorded deed shall be provided to ROGER M. SKILLMAN and WAUNETA B. SKILLMAN, his wife. 4. Transfer to U.S. Postal Service. No later than January 25, 1989, the Owner shall sign a general warranty deed transferring the real property described in Exhibit "D" attached hereto and by this reference incorporated herein, to the United States Postal Service, along with a title insurance commitment issued by a Florida licensed title insurer agreeing to issue to the United States Postal Service, upon recording of the deed to the United States Postal Service, an owner's policy of title insurance in the amount of Thirty Thousand and 00/100 Dollars ($30,000.00), insuring 4 the United States Postal Service's title to the real property described in Exhibit "D" without any exceptions thereto. Therefore, there shall be no liens or other encumbrances with respect to the real property described in Exhibit "D" being conveyed by the Owner to the United States Postal Service. The general warranty deed for the real property described in Exhibit "D" shall be held in escrow by the City Attorney for the City until the City completes construction of the realignment of Main Street. At the time the city completes construction of the realignment of Main Street, the city Attorney for the City shall, subject to the provisions of Paragraph 19 of this Agreement, record the general warranty deed for the real property described in Exhibit "D" in the public records of Indian River County, Florida. The real property described in Exhibit "D" is currently part of the traveled roadway for Main Street which will no longer be utilized after the construction for the realignment of Main Street is completed and the realigned roadway is open to the public for travel. Between the time of the delivery of the general warranty deed by the Owner to the City Attorney through the time of the recording of the general warranty deed, the Owner shall not suffer any liens or encumbrances to attach to or affect in any manner the parcel identified on Exhibit "D" attached hereto and by this reference incorporated herein, and the owner's policy of title insurance delivered to the city pursuant to this Paragraph 4 shall be updated at the Owner's expense through the date of recording to reflect that there are no liens or other encumbrances with respect to the Night & FAT,L~CE. P.A, real property described in Exhibit "D" being conveyed by the Owner to the United States Postal Service through and including the date of recording of the general warranty deed. 5. Preliminary Cost Estimates. Upon execution of this Agreement, the City will engage the services of a Florida licensed professional engineer for the purpose of performing a preliminary engineering and cost evaluation study to determine an estimate of the cost to construct the realignment of Main Street from what was formerly the western entrance of a certain platted Right-of-Way known as Yucca Court (which has since been abandoned pursuant to Ordinance O-85-13), to the western boundary of the property where the city hall for the City is currently located. The cost estimate will include all surveying, engineering and legal expenses which have been and will be incurred by the City with respect to the construction of the realignment of Main Street. In the event that the cost estimate prepared by the engineer does not exceed the sum of One Hundred Thousand and 00/100 Dollars ($100,000.00), the Owner shall reimburse the city for the cost of construction of the realignment of Main Street, including the cost of the project, costs for relocating any water or sewer mains or lines and constructing any drainage systems, and the costs of relocating any other public utilities, such cost to include all preliminary costs, surveying fees, engineering fees, labor expense, construction materials, equipment rentals, equipment maintenance and repairs, legal fees, and recording costs, at the time any one (1) of the following events occur: 6 I~,rASH & FALL~_CE, P.A. ~LBOU~NE, ~ 32901 (407) 084-3300 a. the Owner or any transferee commences any infrastructure improvements on the real property owned by the Owner constituting the Saint Sebastian P.U.D., a copy of the legal description of such real property is Contained in Exhibit "E" attached hereto and by this reference incorporated herein; or b. any transferee of the Owner obtains preliminary plat approval for the Saint Sebastian P.U.D. or any subdivision plat; or c. the sale, exchange, transfer or assignment of any part of the real estate identified on Exhibit "E" after the Owner obtains preliminary plat approval for the Saint Sebastian P.U.D. or any subdivision plat; or d. the Owner obtains final plat approval for the Saint Sebastian P.U.D. or any subdivision plat. The obligation of the Owner to reimburse the City for the costs associated with the realignment of Main Street shall "run with the land" (the land being the real property described in Exhibit "E") and bind any heirs, successors, assigns or personal representatives of the Owner. The obligation of the Owner to reimburse the City for the costs of the realignment of Main Street shall be memorialized in recordable form which the parties hereto acknowledge will be a Mortgage and Security Agreement, acceptable to the City and signed by the Owner at the same time this Agreement is signed by the Owner and provided to the City Attorney so that it can be recorded in the public records of Indian River County, Florida, shall permit the City to enforce any rights for M~LnOl.mN,~. i:VL 32901 (407) 984-3300 reimbursement that it has pursuant to this Agreement by special assessment or other legal procedures whereby the City creates a lien on all of the real property described in Exhibit "E" and such lien shall be superior to all other liens or encumbrances currently existing with respect to the real property described in Exhibit "E". The Owner shall provide the City, with a title insurance commitment issued by a Florida licensed title insurer agreeing to issue to the City, upon recording of the deed to the City, a mortgagee's policy of title insurance in the amount of One Hundred Thousand and 00/100 Dollars ($100,000.00), insuring the City's lienholder title to the real property described in Exhibit "E" without any exceptions thereto. Therefore, there shall be no liens or other encumbrances with respect to the real property described in Exhibit "E" being conveyed by the Owner to the City. The Owner hereby represents, covenants and warrants unto the City that he is the sole owner in fee simple of the real property described in Exhibit "E", and shall be and remain the sole legal owner in fee simple of such real property at the time the memorialized agreement relative to his obligation to reimburse the City is recorded in the public records of Indian River County, Florida. This representation and warranty shall survive the execution of this Agreement and the closing of any of the transactions contemplated by this Agreement. 6. oDtion of City. In the event that the cost estimate with respect to the realignment of Main Street exceeds One Hundred Thousand and 00/100 Dollars ($100,000.00), the City shall have the 8 Nm_'ilI & I~ALLACE, P.a. MEIJ~01YRNE. ~4~L 32901 (407) 984-3300 option, to be exercised in its sole discretion, to not proceed with the realignment project and terminate this Agreement, or to proceed with the realignment of Main Street project. If the City exercises its option to terminate this Agreement, the Owner shall pay to the City, within thirty (30) days after written notice from the City to the Owner of its exercise of such election, fifty percent (50%) of the preliminary engineering costs, including surveying and legal fees, but not to exceed the sum of Five Thousand and 00/100 Dollars ($5,000.00). If the City elects to proceed with the project even though the costs of the project are estimated to exceed the sum of One Hundred Thousand and 00/100 Dollars ($100,000.00), then the Owner shall still be obligated to reimburse the City for the first One Hundred Thousand and 00/100 Dollars ($100,000.00) of costs of the realignment of Main Street project incurred by the City. The city shall be solely responsible for the payment of all costs of the project to the extent they exceed the sum of One Hundred Thousand and 00/100 Dollars ($100,000.00). 7. Extension of P.U.D. Subject to the conditions stated in Paragraph 8 of this Agreement, the City, through the City Council, shall resolve to extend the conceptual plan previously approved for Saint Sebastian P.U.D. until December 31, 1990. 8. Conditions. This Agreement is conditioned upon the City obtaining the approval of the United States Postal Service to accept the transfer of the real property described in Exhibit "D", and allow the construction by the City as part of the realignment project of driveways connecting between the new roadway for Main 9 N_~ni i & ]~ALI~ACE, ATToR2qEY,q AT ~AW ~30 S, ~:{Ai~DOR CrrY Bnw~. I~IVERSII)E (-]E Nq~E R SU~T~.' 505 (407) 984-8800 Street and the current driveways existing between the post office site and what is currently the roadway for Main Street, if such consent is legally required. This Agreement is conditioned upon the approval of this Agreement and the extension of the conceptual plan for the Saint Sebastian P.U.D. by the City Council. If the City Council does not formally approve this Agreement and resolve to extend the conceptual plan for the Saint Sebastian P.U.D. previously approved within sixty (60) days from the latest date that this Agreement is signed by the parties hereto, this Agreement shall be deemed terminated by the mutual agreement of the parties hereto without any further force or effect. 9. savings Clause. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and the Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 10. Interpretation of Agreement. This Agreement shall be construed, governed and enforced in accordance with and by the laws of the State of Florida, and venue for its enforcement shall be Indian River County, Florida. 11. Binding Effect. All of the terms, covenants, warranties and representations contained herein shall be binding upon the parties, their heirs, successors and assigns. 12. Attorney~'s Fees and Costs. If any action is commenced by either party to enforce any term, covenant, or condition of this 10 ATTORNEY~ AT J~kw S~rT~ 505 ~u~ot~Nr, ~. 32901 (407) 984-3300 Agreement or to obtain declaratory relief at law or in equity, the prevailing party shall be entitled to all costs and expenses of said action (including a reasonable attorney's fees) at trial and all appellate levels, from the other party, or its/his successors or assigns. 13. Notice. All notices or communications required or permitted hereunder shall be in writing and shall be deemed to be delivered when personally served upon the person to receive it or three (3) days after deposited in the United States Mail, postage prepaid, registered or certified mail, return receipt requested, addressed to the parties at the following addresses or at such other address as may have been heretofore specified by written 'notice delivered in accordance thereof: TO THE CITY: CITY OF SEBASTIAN Attn: City Manager P.O. Box 780127 Sebastian, Florida 32978 WITH A COPY TO: CHARLES IAN NASH, ESQUIRE City Attorney 930 S. Harbor city Boulevard Suite 505 Melbourne, Florida 32901 TO THE OWNER: CARL R. JULIAN, TRUSTEE 7491 Conroy-Windermere Rd., suite B Orlando, Florida 32811 14. Entire and Sole Aqreement. Except as specifically stated herein, this Agreement and the Exhibits referenced herein constitute the entire agreement between the parties and supercedes all agreements, representations, warranties, statements, promises and understandings not specifically set forth in this Agreement or in the documents delivered in connection herewith. Neither party 11 NASH & FALLACE, P.A. (407) '1984-3300 has in any way relief, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in this Agreement or in such documents. 15. Finder's Fees or Broker's Commissions. No party shall be obligated to pay any finder's fee or broker's commission in connection with the transactions contemplated by this Agreement. In the event any claims is asserted by any purported finder or broker for a finder's fee or broker's commission, the party alleged to be responsible for arranging such finder's fee or broker's commission shall indemnify and hold harmless the other party from any liability therefore. 16. Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. 17. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 18. Headinqs. The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof. 19. Vacation of Road. Notwithstanding anything contained in this Agreement to the contrary, the parties hereto agree and 12 SASH & FALI~ACE, P.A. ATTOI42~JY.,4 AT LAW 930 ~, ~--~414()R CITY (407) acknowledge that this Agreement does not bind the City Council to vacate any portion of Main Street, but only requires the City to comply with the terms of this Agreement if vacation is approved after public hearing and advertisement in accordance with all applicable governmental rules and regulations. If the vacation of Main Street would operate to transfer legal title to the real property described in Exhibit "B" to the Owner, the real property described in Exhibit "C" to ROGER M. SKILLMAN and WAUNETA B. SKILLMAN, his wife, and the real property described in Exhibit "D" to the UNITED STATES POSTAL SERVICE, then the deeds described in Paragraphs 2, 3 and 4 will not need to be recorded in the public records and shall be destroyed by the City Attorney. Furthermore, notwithstanding any provision contained in this Agreement to the contrary, neither the recording of the special warranty deeds in accordance with Paragraphs 2, 3 and 4 of this Agreement, nor the vacation of the road right-of-way (if approved by city Council after public hearing and advertisement in accordance with all applicable governmental rules and regulations) shall operate to terminate any public utility easements currently existing in the Main Street road right-of-way unless the public utilities which currently have an interest in such public utility easement consent to vacating any such public utility easement. Provided, however, that in the event that the City Council does not approve the necessary road right-of-way vacations necessary to consummate the transactions contemplated in this Agreement, then the Owner shall be released from any legal duty or obligatiOn to make any payments 13 to the City pursuant to Paragraph 5 of this Agreement. 20. It is the intent of the parties hereto that nothing in this Agreement shall be construed to prevent the City from asserting any additional claims against the Owner for contribution for expenses necessitated by the Owner's project or other improvements to the real property owned by the Owner described in Exhibit "E" which are not otherwise provided for in this Agreement. For example, the city may assert in accordance with its normal procedures and regulations that the Owner may be required to contribute to signalization or other intersection improvements due to the development of the Owner's real property. WITNESSES: THE CITY: CITY OF SEBASTIAN, a Florida munic~I:~al corporation Robert S McClary, . City Manag~;~ THE OWNER: CAR~R. JULI~ I~dividually and as Trustee N^SH& FALLACE. P.A. (407) 14 EXHIBIT "A" From the intersection of the East line of Section 1, Township 31 South, Range 38 East, Indian River County, Florida and the Southerly line of the Fleming Grant, run S 0 degree 22'27" W along said East line of said Section 1, a distance of 321.88 feet to the Point of Beginning of the herein described parcel; thence run N 65 degrees 05'44" E a distance of 585.10 feet; thence run S 24 degrees 54'16" E a distance of 35.71 feet to a Point of Curvature; thence along said curve, having a radial bearing of S 21 degrees 51'14" E a radius of 415.0 feet, a central angle of 22 degrees 59'54", an arc distance of 166.58 feet; thence run S 45 degrees 08'52" W a distance of 58.55 feet; thence run S 65 degrees 05'44" W a distance of 362.92 feet to a Point of Curvature; thence along said curve, having a radial bearing of N 3 degrees 51'45" W a radius of 505.0 feet, a central angle of 4 degrees 14'12", an arc distance of 37.34 feet; thence run N 0 degrees 22'27" E a distance of 35.0 feet to a Point of Curvature; thence along said curve, having a radial bearing of N 0 degrees 22'27" E a radius of 1539.56 feet, a central angle of 2 degrees 47'29", an arc distance of 75.01 feet; thence run N 65 degrees 05'44" E a distance of 82.92 feet to the Point of Beginning. Containing 0.9805 acres, more or less, and subject to easements and road rights of way of record. EXHIBIT "B" PARCEL 1: From the intersection of the East line of Section 1, Township 31 South, Range 38 East, Indian River County, Florida, and the Southerly line of the Fleming Grant, run S 0 degrees 22'27"W along said East line of said Section 1 a distance of 321.88 feet; thence run S 65 degrees 05'44" W a distance of 221.76 feet to the Point of Beginning of the herein described parcel, thence continue S 65 degrees 05'44" W a distance of 235.60 feet; thence run N 45 degrees 05'23" E a distance of 163.27 feet to a Point of Curve; thence along the curve, concave to the North, having a radial bearing of N 11 degrees 04'07" E a radius of 1609.56 feet, a central angle of 3 degrees 32'16", an arc distance of 99.38 feet to the Point of Beginning. Containing 0.1499 acres, more or less, and subject to easements and rights of way of record. PARCEL 2: From the intersection of the East line of Section 1, Township 31 South, Range 38 East, Indian River County, Florida, and the Southerly line of the Fleming Grant, run S 0 degrees 22'27" W along said East line of said Section 1 a distance of 321.88 feet; thence run S 65 degrees 05'44" W a distance of 82.92 feet to the Point of Beginning of the herein described parcel; thence continue S 65 degrees 05'44" W a distance of 138.84 feet to a Point of Curvature; thence along said curve, having a radial bearing of N 7 degrees 31'51" E a radius of 1605.56 feet, a central angle of 3 degrees 32'16", an arc distance of 99.38 feet; thence run S 45 degrees 05'23" W a distance of 163.27 feet; thence run S 65 degrees 05'44" W a distance of 31.99 feet to a Point of Curvature; thence along said curve, having a radial bearing of S 24 degrees 54'16" E a radius of 564.32 feet, a central angle of 20 degrees 00'21", an arc distance of 197.04 feet; thence run S 44 degrees 54'37" E a distance of 5.0 feet to a Point of Curvature; thence along said curve, having a radial bearing of S 44 degrees 54'37" E a radius of 1252.40 feet, a central angle of 1 degree 03'54", an arc distance of 23.28 feet; thence run N 0 degrees 22'27" E a distance of 42.95 feet; thence run N 45 degrees 05'23" E a distance of 416.90 feet to a Point of Curvature; thence along said curve, having a radial bearing of N 12 degrees 26'31" E a radius of 1539.56 feet, a central angle of 9 degrees 16'35", an arc distance of 249.26 feet to the Point of Beginning. Containing 0.7812 acres, more or less, and subject to easements and rights of way of record. EXHIBIT "C" PARCEL 1: From the intersection of the East line of Section 1, Township 31 South, Range 38 East, Indian River County, Florida, and the Southerly line of the Fleming Grant, run S 0 degrees 22'27" W along said East line of said Section 1, a distance of 410.35 feet to the Point of Beginning of the hereindescribed parcel; thence continue S 0 degrees 22'27" W a distance of 18.76 feet; thence run N 88 degrees 56'10" W a distance of 38.75 feet; thence run N 65 degrees 05'44" E a distance of 42.85 feet to the Point of Beginning. Containing 0.0083 acres, more or less, and subject to easements and road rights of way of record. PARCEL 2: From the intersection of the East line of Section 1, Township 31 South, Range 38 East, Indian River County, Florida, and the Southerly line of the Fleming Grant, run S 0 degrees 22'27" W along said East line of said Section 1, a distance of 410.35 feet; thence run N 65 degrees 05'44" E a distance of 404.17 feet to the Point of Beginning of the herein described parcel, thence continue N 65 degrees 05'44" E a distance of 136.36 feet to a Point of Curvature; thence along said curve, having a radial bearing of S 34 degrees 09'06" E a radius of 375.0 feet an arc distance of 70.03 feet; thence run S 45 degrees 08'52" W a distance of 68.45 feet to a Point of Curvature; thence along said curve, having a radial bearing of N 44 degrees 51'08" W a radius of 545.0 feet, a central angle of 17 degrees 55'20", an arc distance of 170.48 feet; thence run N 0 degrees 22'27" E a distance of 45.50 feet to a Point of Curvature; thence along said curve, having a radial bearing of N 29 degrees 17'56" W a radius of 505.0 feet, a central angle of 15 degrees 33'12", an arc distance of 137.09 feet; thence run N 45 degrees 08'52" E a distance of 9.90 feet to the Point of Beginning. containing 0.2031 acres, more or less, and subject to easements and road rights of way of record. PARCEL 3: From the intersection of the East line of Section 1, Township 31 South, Range 38 East, Indian River County, Florida, and the Southerly line of the Fleming Grant, run S 0 degrees 22'27" W along said East line of said Section 1, a distance of 410.35 feet, thence run N 65 degrees 05'44" E a distance of 276.47 feet to the Point of Beginning of the herein described parcel, thence continue N 65 degrees 05'44" E a distance of 127.70 feet, thence run S 45 degrees 08'52" W a distance of 9.90 feet to a Point of Curvature; thence along said curve, having a radial bearing of N 44 degrees 51'08" W a radius of 505.0 feet, a central angle of 15 degrees 33'12", an arc distance of 137.09 feet; thence run N 0 degrees 22'27" E a distance of 35.60 feet to the Point of Beginning. Containing 0.0590 acres, more or less, and subject to easements and road rights of way of record. EXHIBIT "D" PARCEL 1: From the intersection of the East line of Section 1, Township 31 South, Range 38 East, Indian River County, Florida, and the Southerly line of the Fleming Grant, run S 0 degrees 22'27" W along said East line of said Section 1, a distance of 410.35 feet to the Point of Beginning of the herein described parcel; thence run N 65 degrees 05'44" E a distance of 41.26 feet to a Point of Curvature; thence along said curve, having a radial bearing of N 3 degrees 51'45" W a radius of 505.0 feet, a central angle of 25 degrees 26'11", an arc distance of 224.19 feet; thence run S 0 degrees 22'27" W a distance of 45.50 feet to a Point of Curvature; thence along said curve, having a radial bearing of N 26 degrees 55'48" W a radius of 545.0 feet, a central angle of 27 degrees 18'15", an arc distance of 259.72 feet; thence run N 0 degrees 22'27" E a distance of 23.76 feet to the Point of Beginning. Containing 0.2325 acres, more or less, and subject to easements and road rights of way of record. PARCEL 2: From the intersection of the East line of Section 1, Township 31 South, Range 38 East, Indian River County, Florida, and the Southerly line of the Fleming Grant, run S 0 degrees 22'27" W along said East line of said Section 1, a distance of 410.35 feet; thence run N 65 degrees 05'44" E a distance of 41.26 feet to the Point of Beginning of the herein described parcel, thence continue N 65 degrees 05'44" E a distance of 235.22 feet; thence run S 0 degrees 22'27" W a distance of 35.60 feet to a Point of Curvature; thence along said curve, having a radial bearing of N 29 degrees 17'56" W a radius of 505.0 feet, a central angle of 25 degrees 26'11", an arc distance of 224.19 feet to the Point of Beginning. Containing 0.1292 acres, more or less, and subject to easements and road rights of way of record. ,/ Exhibit "E" PARCEL 1: Tra~t C and that portion of Tract D shown on the REPLAT or: '5'%f]TC~ARK SUBDIVISION, as recorded in Plat Book 2, page 29, public records of Indian River County, Florida, which lies Northerly of' the center line of the section of Main Street which connects Main Street as shown on the said REPLAT OF SCHOOL PARK SUBDIVISION., with Main Street as shown on tile plat of SEBASTIAN GARDENS SUBDIVISION, as recorded in Plat Book .5, page 50, public records of Indian River County, Florida; PARCEL I1: Lot 1 and Lot 2, A. 'A. BERRY'S SUBDIVISION, according to tl~e plat 1.i~ereof filed in the office of the Clerk or' the Circuit Court or St. Lucie County, Florida, in Plat Book 2, page 1~1, said land now situate lying and being in Indian River County, Florida; ' PARCEL 111: Lots I], 9, 10, 19, less the Northwest 20 feet of said Lot 19, ~6i-~/~, 22, 23, ~, 25, 26, 29, 30, 31, 32, 33, 3q, 35, 36, 37, 38, 39, ~10, ~11, ~2, ~13, ~I, ;15, ~6, ~7, 50, 51, 52, 53, 5q, 55, 58, 5~J; and 60, all in Section 30, FLEMING GRANT, according to the plat thereof filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 1, page 175, said land now situate, lying and being in Indian River County, Florida; PARCEL IV: Tracts A, B, C; that portion of Tract D lying North of Main 5tr6'et, Tracts E, F, G,. H, I and j; Lots 1 through 3, inclusive, Block 3; Lots 1 through 13, inclusive, Block ~; Lots I through 9, inclusive, Block 9; Lots 1 through 5, inclusive, Block 10; Lots 1 through ]0, inclusive, Block 11; Lots 1 through 10, inclusive, Block 12, and Lots I and 2, Block A, all in SEBASTIAN GARDENS, a subdivision according to the plat thereof filed in the office of the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book 5, page .gl]. PARCEL V: Roseland Satellite Field, Tract ~l, as filed in Official Record DaiS. page 53(J, Indian River County, Florida, public re~ords, more rticularly described as follows: Beginning at tile East corner of Section 29 Of the Fleming Grant, run Soutl~ ~iS degrees 09 minutes 0q seconds West for a distance of 1,706.27 feet to a point; thence North ~l degrees 25 minutes 5l] seconds West for a distance of 1,137.55 feet to a point; thence North 01 degree 5~1 minutes 57 seconds East for a distance of 963.q13 feet to a point; thence North ~15 degrees 09 minutes 0q seconds East for a distance of'1,o09.32 feet to a point; thence South ~1 degrees 25 minutes 50 seconds East for a distance or 1,797.75 feet to the point of beginning. Ail lying and being in Indian River County, Florida.