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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. TAX 1. li. µ0.', 7-1 -3\- 3S- QO 0100- 4MMC1. 00001.4 NEN. 111L61 �� \ 10.31. 34- 00000- 7000• \ 000n 3.4 NELSON G•HY F1T >•0.oPoSE0. .'� 1 O' ESS H/T/ io-31-3'\ - n0000 - 7000 - 0n 003.0 OwNE0.: HE LS O tI C- "`(ATT 11- 31-3q- oohoo- 0030- cloMCI l.0. �* µ E LSn tl \'& µ`tATT SFAS*o7' 10'W 14 SS4140S-w \� \04.20 --�L,ZB9^SW SG 3'47• So' w 376.18 �_-�_ _ 357.78 \166'\7'1T'- Is6ge �n 1 90. 4S 0 10-31-39. O0000- 11.31. WN- -4 ti o el V•-4000 - 00003.0 00000- noosn- \� rn AT Ci LUY10 E0. G0.-000O1.L R+ 370.00 \ • r 4�.nx �u.�ecn cn. 1 O 1 \ C U N H 00000- 7004 µEt SON YIILLfi0. 1 V 1 � 10.31-34• 0, On000- 7000- ya 00004.1 U� 0 C\T`( hs rl r✓ 10.31`39- 00000• Mf Si9AST1Aµ r r 1 iQOq • n0007.0 1 C U i1lLlS 111, Tl, it EfNEN [,TR� ` 10.31-3q- Ooon(l d 7Fx13TiNq LIFT 1i . 70ah - 00008.0 W 70 04eo HIL£t 7A 1 /�A• 391A6 R• STEPHEN (71k) v 40.00 ,0.00 SP£C:IfIC PURPOSE SURWY 7O K LOW AW Z4A0dWrA0=W = CALK NOT. IRIS SURWY SKETCH IS PREPARED fRCM INFORMA77CW SUPPLIED BY INDIAN R/4£R 777LE CORP. NO PHISICAL SURD' CORNERS SET. PREPARED FAR NAR7H COUNTY SEmER PRO.AECT ACQUISI77AY CER77RCA770N.- I, ROD REED, HEREBY C£R77fY THAT THE SUR< -£Y SHONN HERECW WAS PERFCWMED S - 10 - E19 AND SAID SUR b£Y MEETS IH£ WNWUM 7EMN/CAL STANDARDS PURSUANT 70 S£C77CW 472.027 OF 7H£ fLCRIDA STATUTES AND CFR WED TCL- 21HH-6 OF THE ALWWWS7RA77W CVDF- c: `A S1.-SqN C- r:r<. `IAZT X �l I LJ I T 11 ? •_ ?/-�-+ 8ASTIAH' \Z. STEPNC-�I A. kUh R.LS /tJ9/6 M MA S TEL L ER. MOL ER & REED INC. M PROFESSIONAL LAND SURVEYORS PHONE 589-4810 POST OFFICE BOX 1045 * DRAIAANG SEBASTIAN, FLORIDA 32958 SEA -a n R A iF Or, 12.1q ss� 00 c r V U 0 14 144 0 O O V b v b u 0 v a� I N m o $4 to 0 C: M .o0 N 0 N N •rl � N F N LAW OFFICE OF :O T. GALLAGHER F e Wit IM 10 BtACK FLORIDA 32961 -IMO I'ILI u.( 11LUkiiIii 80106 �,,) PAGE ABOVI 5 740J� ?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 U-) Cn N CM 936. Cn r� 00 0 n n nAn pr, 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.