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HomeMy WebLinkAbout1993 05 23 - Park Place Water Plant Deed & CorrespondenceMay 27, 1993 OFFICE OF COUNYYATlORNEY BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY 1840 25th Street- Vero Beach, Florida 32960 Telephone: (407) 567-8000, Ext. 424 Suncom: 224-1424 Charles Ian Nash, Esq. 930 S. Harbor City Blvd. Suite 505 Melbourne, FL 32901 Re: PARK PLACE WATER PLANT Your File No. 93-9659 Utility Department Matters Dear Mr. Nash: CHARLES P. VITUNAC Count, Anorney WILLIAM O. COLLINS 11 Deputy County Attorney TERRENCE P. O'RRIEN Aw. Count, Anomey ON PHILLIPS ■RENNAN Aug. County AVomey Per your request in your letter of May 13, 1993, to Charles Vitunac, we have revised the language of the County deed to the City of Sebastian. I am enclosing a copy of this document for your review. If it meets with your approval, we will proceed to have the necessary County officials execute it and then send it along to you for recording. I am also enclosing Assistant Utilities Director Asher's response to your inquiry regarding the conveyance of any easements to the County by Mr. Hyatt. Would you please let us know if you want us to do anything about this? I hope this information will be of assistance to you. Sincerely, COUNTY ATTORNEY'S OFFICE *ica'1. � Lea R. Keller, CLA Legal Assistant Enclosures cc: /with enclosures) V Richard Votapka Sebastian Utilities Director t IN WITNESS WHEREOF the COUNTY has caused these presents executed in its name by its Board of County Commissioners, by the Chairman of said Board, the day and year aforesaid. Parcel ID Park Place Water Plant Site COUNTY DEED aP This Deed, made this day of 1993, by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, FL 32960, COUNTY, and the CITY OF SEBASTIAN, FLORIDA, a municipal corporation existing under the lawn of the State of Florida, the address of which is Poet Office Box 127, Sebastian, FL 32978, CITY, W I T N E S B E T H i That COUNTY, for and in consideration of the sum of $10.00 and other good and valuable consideration to it in hand paid by CITY, receipt whereof is hereby acknowledged has granted, bargained, and sold to CITY, its heirs and assigns forever, the following described land lying and being in Indian River County, Florida: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF This deed in subject to whatever rights Nelson Hyatt may have in the property by virtue of a warranty deed, dated January 18, 1990, recorded in O. R. Book 859, Page 1327, of the Public Records of Indian River County, Florida. (Sv aLI Attest: Jeffrey K. Barton, Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY, FLORIDA BORRD OF COUNTY COIaMISSIONER By Richard N. Bird, Chairman to be acting The foregoing instrument was acknowledged before me this day of , 1993, by Richard N. Bird and Jeffrey K. Barton, as Chairman and Clerk of the Board of County Commissioners of Indian River County, Florida, a political subdivision of the State of Florida, on behalf of the said County. They are personally known to me and did not take an oath. sign Notary Public printed name: Commission 1 F EXHIBIT "A" NA'CER PLANT SUCK LEGAL DES.-CRIPTIO COMMENCE AT TIIE CENTERLINE INTEIISECTION OF 111 -Al rOFNSEBASt AN AND IIGIILBRISTOL ANDS UNIT STREET, 17A5RECORDED IIOWN II111E AVENUE N PL.AC BOOK B, PAGE 46 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AND RUN, ACCORDING TO 111E SAID PLAT, S 00°29'01" E ALONG THE CENTERLINE OF ORISIOEAST R 25 00 FEETF TOT To A TIIE EASTIN INEOF TIN RUN BRISTOL - STREET AND TIIE BEGINNING of A 1014.13 -FOOT RADIUS CURVE CONCAVE TO TIIE NORTH. TIIEN RUN ALONG THE CURVE, TIIROUGII A CENTRAL ANGLE OF 05019'59", AN ARC DISTANCE OF 94.10 FEET 10 A POIIII OF BEGINNING. THEN RUN STILL ALONG TIIE SAID CURVE, TIIROUGII A CENIIIAI. ANGLE OF 07" 25* 55", AN ARC DISTANCE OF 13154 fEE I '10 A POINT. 1 IIEN RUN S 00029'01"E 169 FEET 10 A POINT. 1 IIEN RUN WEST 130 FEET 10 A POINT. TIIEN RUN N 00" 29' 01"W 140.38 FEET 10 THE POINT OF BEGINNING. C0141AING 0.47 ACIIES, LYIIIG IN INDIAN RIVER COUNIY, FLORIDA. A G R E E M E N T BETWEEN INDIAN RIVER COUNTY, FLORIDA, AND NELSON HYATT RE: COUNTY TAKE-OVER OF UTILITY SYSTEM 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 ICds'ible; 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, Pmt.11 muling regw t PW 7W tion of the TING - REDDEST mutual cowe s G` / ler good and valuable RE 9g3 ° R agree as follows: '9 FORWARD KEEP OR DISCA 1 ❑ REVIEW WITH ME Dola 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 "SYSTEM" shall be used to designate the assets, business properties, and rights which SELLER owns or In which it has a legal interest, but not including the "excluded assets," which are being purchased by COUNTY and which Include the following: (1) The items of inventory described in 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 fee simple 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 drawirg--, 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 S. 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: CUUNrY shall establish a surcharge on water and wastewater rates for customers in the service area as shown on Exhibit I'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: The closing shall take place on or before August I, 1989. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date first set forth above. Attest Ay arton lerk o_ the Board BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By arWheeler Ch 'rman (SEAL) Ab, raved Dale n,i:nu` � 5--30• �tness Witness 3y� MKojA Attachments: Exhibits "A," "B," "C," and "D" RE: NELSON HYATT WATER AND SEWER UTILITIES EXHIBIT A No inventory.is included with the purchase. EXHIBIT -5 REAL ESTATE RECORD VERIFIED ` JEFFREY K. Edrl TCN' CLERK CIRCUIT COURI' MnIAN RIVED G;?_ ;:LA LR KE DeLof2E5 � W r4 rE 2 t- W/W pLA .,V r: DOCUMENTARY STAMPS t . 9SJ JEFFREY K. BARTON, CLERK IVER COUNTY barranty Deed _STATUTORINDIANY FORM -SECTION 689.02 F.S.) (01013 Jnb]Pntttre, Made this 18th day of January, This instrument was prepared by: the Lew Office of FRED T. GALLAGHER P.O. Box 1900 VERO REACH, FLORIDA 33961-1900 1990 , loetnleen NELSON HYATT, a/k/a NELSON C. HYATT, of the County of Indian River , State of Florida grantor', and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose post office address is 1840 25th Street, Vero Beach, Florida 32960, of the County of Indian River , State of Florida , grantee*, 10itnelill That said grantor, for and in consideration of the sum of ----------------------------Ten and no/100--------------------------- Dollars, and other good and valuable considerations to said grantor in hood paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, ynd grantee's heirs and assigns forever, the following described land, situate, lying and being in County, Florida, to -wit: Those two parcels of land as particularly described in Exhibit A attached hereto. Subject to easements, restrictions and reservations of record and taxes and assessments subsequent to December 31, 1989, This Deed is being given by Grantor to Grantee pursuant to that certain Agreement by and between the parties hereto dated July 11, 1989, pertain- ing to the County takeover of the utility system, and is further being given upon the specific condition contained in Paragraph 4 entitled "Right of First Refusal", wherein the Grantee obligated itself to recon- vey said property described in Exhibit A hereto at such time as said property is no longer being used by Grantee in its utility operation or at the end of ten (10) years from the date of said Agreement, which- ever first occurs. If after the expiration of said ten-year period, the Grantee still requires the use of said property, Grantee shall, at that time, pay to Grantor the fair market value for said property. and said grantor does hereby fully warrant the title to said land, and will defend the some against the lawful claims of all persons whomsoever. ]]pp `"Grantor" and "grantee` are used for singular or plural, as context requires. Jn PSB 11herenf, Grantor has hereunto set grahand and seal the day and year first above wfiHen, Signe eoled and delivered in our presence: / .4� „ :n --� (Seal) (Seal) �J h Tp F^ 1 (Seal) (Seal) STATE OF FLORIDA COUNTY OF INDIAN RIVER CcuntY Al)of��! I HEREBY CERTIFY that on this day before me, on officer duly qualified to take acknowledgments, personally appeared NELSON HYATT, a/k/a NELSON C. HYATT, to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and St ast.�foresaid this 18th day of January, 19 90 . d My commission expires: Notary Public NOTARY PLl3LIC. STATE OF FLORIDA. _y.. - 61Y COIdL11SSION EXPIRES: DEC. 14. 1992. DOfiDCD THIIU N.T,IRY runLIC DNDERwRITCR9. Ccer1 A7 7,15.^S O'?lc_ C17u C;)JXTY "•:0 23?n Sfr�at Yoro Beach, Florida 32960 FAT otagmil THEN RUN W2:lkgE['f l THEN RUN THEN RUN WATER PLANT SITE LEGAL DE:>CRIPTION 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, FLORIDA, AND RUN, ACCORDING TO THE SAID PLAT, S •00° 29' 01" E ALONG THE CENTERLINE OF BRISTOL STREET 25.00 FEET TO A POINT. THEN RUN EAST 25.00 FEET TO THE EAST LINE OF BRISTOL _ STREET AND THE BEGINNING OF A 1014.13 -FOOT RADIUS CURVE CONCAVE TO THE NORTH. THEN RUN ALONG THE CURVE, THROUGH A CENTRAL ANGLE OF 05019'59", AN ARC DISTANCE OF 94.10 FEET TO A POINT OF BEGINNING. THEN RUN STILL ALONG THE SAID CURVE, THROUGH A CENTRAL ANGLE OF 07025'55", AN ARC DISTANCE OF 131.54 FEET TO A POINT. THEN RUN S 00029'01"E 169 FEET TO A POINT. THEN RUN WEST 130 FEET TO A POINT. THEN RUN N 00029'01"W 148.38 FEET TO THE POINT OF BEGINNING. CONTAING 0.47 ACRES_, LYING IN INDIAN RIVER COUNTY, FLORIDA. WASTE WATER PLANT SITE 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 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 S 890 09' 47" E A DISTANCE OF 108.90 FEET TO THE WEST LINE OF THE FLORIDA EAST COAST RAILWAY ( 100 FEET WIDE). ALONG THE WEST RIGHT-OF-WAY, S 26-00'12"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. S 89° 14' 27" W A DISTANCE OF 390.07 FEET TO THE AFORE- MENTIONED 40 -ACRE LINE. N 0045'33"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. EXHIBIT A EXHIBIT C -- 5Ea#85INorth County Sewers (Deeds2l -�AL(Vb)TP THIS' GRANT OF -`EASEMENT, made and executed this _lath day of _,tune A.D. 1989, by NELSON C. HYATT, whose.Post Office address is 12505 N. A -1-A Vero Beach, FL 32963, 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--t-Re following described land, situate In Indian River County, Florida, to -wit: EXHIBIT "A" 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 sald.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. IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signedn sealed and deli ed In the pres ce of: ss STATE OF FLORIDA COUNTY OF INDIAN RIVER SWORN TO and HYATT, on this 1= day My Comnisslon Expires: NOTARY PUBLIC. STATE Of FLORIOX MY COMMISSION EXPIRES: DEC. 11. 1092. •ONam TnRV HOTN11, Vu.un VN0611W*41CM.. subscribed before of June me by NELSON C. 1989. � 131989 rrrrrrrl rrrr rrr' 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. Centerline description of a proposed YO' easement lying S' feet on each side of the following described line% Being a part of Government Lot 11, Section 21, Toynehip 31 south, Range 39 cast and a part of the southeast 114 of Section 20, Township 31 south, Range 39 east, -Indian River County, Florida; being more fully described as followat Commencing at the intersection of the west right-of-way line of U.S. Ifighway I1 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. Io9.00 feet to thf:Point of Beginning% thence S 83'52' 10• W, 196.00 feet; thence N 85.16105'... W. 111.45 feett thence N 68.17'35• M, 180.45 feats thence 8,89.56'S2'..W. 378.28 feet; thence S 85.07'10• M, 104.20 'feet. thence S 63.47'50' M. 357.78 feet; thence along a curve to the left having a delta of 64005' 17•, a radius of 370 feet, an arc length of 413.86 feett thence S 0.17127• e, 400 feet; thence along a 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'A2'33' W. 90.130 foeLl thence M 20.171270 W, 40.00 feet to the tetmimua of said conterltne. Subject to all easements and rights of way of record. 7 nt)fn34 qw HCR T._ _-1 v\\f H. .. TA+t \.\. No.'. i\- I% -j9. b40g0• actio- \-- TA% 1.0. lib.: \ 740q - O4t1o1.C3 It- I 74N cbv�Wtlkl M`L ATI C c�4b4b- MS-L.Sb TI C_ MY 6•tT 1400'- \ nn 6n].4 2FAS60r tp"w WSVIIh ot'w 0. - cp NGISON C•HYg1T S�in_i-Q' t.0 w 176.1► +_ \ •' 56]`.-4NGS' ta' 3S'.., S�l'si •^ t11 •Q •Ro0 e]i6 . 367ae l 4.45 \tea nn f E51dT/ \', 10• ]t• 79. OOObO • t 1\• N• S1• 7004 - 0000 1.0 1 nQ4ao - eoo]4 .� QAT 4R LgN1iA Goeoat.L ' d [,4^oS•c'4"' \ 1- rt O�.n• w4"%sow [o. R. ]76.00 --------- ------ --•--- .� r \\ c \ h t 1[�. Vit- ]9• OOOUO•-_._._. aob4 ' 4nn44.1 \ , NEL1ntf F\1LLC0. ' •0 Annan• 7obn• 00 Pi oobC)4.1 co o' s]ensT\AV nnr,ra.r,. __-._ 0 \. o 10• S1- ]V- onb6fl, ' J r V.\'AAMf, L,rT /O,./deoou.}4bq - n0006.4 to W - STA'�, MILL% alk, yt F,+ 3g i nt 'R .} '1 F P N t 11 C •t 11� \tlo'tY I.*W SG9'41•jl"w i 4r, or, 1AFaf7C PURPOSE' SW WY J° lr MM AW AIMMf AoM/16Kx N07£,• MIS SWWY .511 EMY AS PREPARED FRAM INFLi? M MW ROY %= BY AMAN AYWR 7771E CA?P. NO PHYSICAL SMICY L1pMMU SET. PREPARED FCR NORM COUNTY mw? PmECT ACOCA'S MV 6irMMAMV LROD REM MEREBY QEufy 7NAT 7NE suR�F'Y mow Hmav WAS P£RfOWCD S • Z o - H5 AND SAO A*WY A!££15 WE AaW UM 7EO WC& STANDARDS PURSUANT 7D S£CAOU 472.ov O'' Pc fZc>ww sm7U7Es AND CAER74RED six• 200 -Ar Or PC ADMANSMUM COMEci Ne�snPt �. YATT �! 1H I B I J M\SEs Z. S�e�HeTt a. RLS �7�16 M MAS TELLER. MOL ER & REED INC. M PROFESSIONAL LAND SURVEYORS PHONE 589-4810 POST OFFICE BOX 1045 DRAWNG SEBASTIAN. FLORIDA 32958 . Parcel 1 s I The South 3/4 of the Southwest 1/4 of 1/4, Section 20, Township 31 South, the Southeast Range 39 East. Parcel 2r The Southeast 1/4 of the Southeast 1/4, Section 20, Township 31 'South,Range 39 Eeet, LESS that Frortion lying East of the Florida East Coast Railroad right-of-way.. Parcel 31 The West 'I/2 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 three percale of lands A. Beginning at a point`'25 feet East of the North- west corner of rise 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 of Beginning. 150 feet to the Point B. Beginning at a point 72 feet East of the Nortir- weet corner of rise SoUt,heaet 1/4 of the Northwest +� 1/4 of Section 29, Township 31 South, thence East lU0 feet, thence South Range 39 East, 150 feet, thence Beginning. West 100 feet, thence North 150 feet to point of C. Beginn'i'ng 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 1()() feet to Point of Beginning. LESS road right-of-way. Parcel 41 Tire 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 Township 31 South, Range 39 of Section 2U, tine West East, right-of-way of Florida lying West of LESS AND EXCEPT the following two East Coast Railroad, parcels of lands A. The 1/4. North 6.5 acres of the NE 1/4 of the SE B. 'Fire South 15U feet thereof. The Northeast 1/4 of the Southeast 1/4 of Section 20, Township 3i South, Range 39 East, Indian River County, Florida, LESS and EXCEPT the followings 1. 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 /1 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 91 right-of-way, less the South 550 feet thereof. EXHIBIT A-1 EXHIBIT D SERVICE AREA OF UTILITY SYSTEM Villages of Lake Dolores Franchise LEGAL DESCRIPTION The property is legally described as tollowsr Parcel 1 - The South 3/4 of the Southwest 1/4 of the Southeast 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 1/1 and the Northeast 1/4 of the Southeast 1/4 the Northwest of the Northwest 1/4 of SEccion 25, Township 31 South, Ranqe 35 follt.ing 2 paicels•of 1,.,nd: East., Except the I. beginning ata point 25 feet east of the Nil Corner of the SE 1/4 of the NW 1/4 of Sec 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 SW corner of SE 1/4 Of NW 1/4 of Sec 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. EXIIIBIT "A" 0 R FRESE. NABH & ToRpy. P -4 - ATTORNEYS AT LAW GARY B. FREsEt CHARLES IAN NASH* VINCENT G. TORPY. JR RICHARD E. ToRPY GREGORY S. HANSEN J. PATRICK ANDERSON LAURA L. ANDERSON CHARLES A SCHILLINGER WILLIAM A GRIDIM OF COUNSEL July 14, 1993 VIA HAND DELIVERY Kathryn M. O'Halloran, City Clerk City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Utility Department Matters Our File No. 93-9659 Dear Kay: 930 S. HARBOR CITY BLvD. SUITE 505 MELBOURNE. FLORIDA 32901 (407) 984-3300 FAX (407) 951-3741 tBOA C..V11En �N Tw vnrc 'R.. CW.T IE. IX E.Twvz P....wo PRoaAS Enclosed with this letter please find the original recorded County Deed, with Exhibit "A" attached thereto, and the original recorded Bill of Sale of Utility Facilities, with Exhibits "A" and "B" attached thereto, to be filed in the official records of the City of Sebastian. By copy of this correspondence to Richard B. Votapka, P.E., Utilities Director, I am providing him with copies of the enclosed documents as well for his records. Thank you for your attention to this matter. Very tru yours, FRESE FALLACE, NASH & TORPY, P.A. Z Charles Ian Nash City Attorney CIN/niz Enclosures as stated cc: Richard B. Votapka, P.E., Utilities Director w/copies of enclosures Parcel IU # s/2s/sa<aoaa_oo..nty_3,vm Park Place Water Plant Site SJdI?k COUNTY DEED fin' DOCUMENTARY STAMPS DEED $"?0 NOTE $ JEFFREY K BARTON, CLERK INDMN RIVER COUNTY This Deed, made this 10 day of --Ap RI L , 1993, by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, FL 32960, COUNTY, and the CITY OF SEBASTIAN, FLORIDA, a municipal corporation existing under the laws of the State of Florida, the address of which is Post Office Box 127, Sebastian, FL 32978, CITY, W I T N E S S E T H: That COUNTY, for and in consideration of the sum of $10.00 and other good and valuable consideration to it in hand paid by CITY, receipt whereof is hereby acknowledged has granted, bargained, and sold to CITY, its heirs and assigns forever, the following described land lying and being in Indian River County, Florida: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF This deed is subject to whatever rights Nelson Hyatt may have in the property by virtue of a warranty deed, dated January 18, 1990, recorded in 0. R. Book 859, Page 1327, of the Public Records of Indian River County, Florida. IN WITNESS WHEREOF the COUNTY has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year aforesaid. Attest: �y Jeffrey'K.,Barton, Clerk AC/�oK STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By Z1.1 -�S/L�LL-sem Richard N. Bird, Chairman Approved by BCC 4/6/93 The regoing instrument was acknowledged before me this day of �, 1993, by Richard N. Bird and Jeffrey K. Barton, a Chairman and Clerk of the Board of County Commissioners of Indian River County, Florida, a political subdivision of the State of Florida, on behalf of the said County. They are personally known to me and did not take an oath. Sig RETURN TO Vv\ FRES€, NASH & TORPY. P.Q. X30 S. HAR13OR CITY BLVD. �W TE 505 MELBOURNE, FL 32901 Notary P4blic printed name: wklcIA kw -o BSG Commission # PATRICIA,=A'1:'0 U Notary Public, Cts : d My comm. expires Au�u>t'28,199� No. AA 695578 'a 9-� Umm 7o• to 'n ❑1 Z 7.-nO InoX< 5'Ca)m IDD 0. a -n -nc0Q A Z APPROVED AS TO FORM AND LEGAL SUFFICIENCY � . BY TERRENCE P. O'BRIEN ASST. COUNTY ATTORNEY 07/20/93 12:24 f i• - nE00r{0 Vrl'.IFIEf1 L.. JEFrnr.y v.. I,.\,: rC:: s - CICFK GIRO IT I�0tJnItHIMAN Zter -42 N %T 407 951 3741 FRESE. NASH et al @I 02 de� L!}KE OEeLo2E5 W/}rE,f?. t- IN�W PLA/YTs DOCUMENTARY STAMPS IT S S JEFFREY K. BARTON. CLERK WINDIANRCOUNTY arranty Joeed (STATUTORYFORM—SECTION68902 F.S.) (Ohio Jifibrnturr, Made this lath day of January, This Instrument was Prepared by+ the Lar offk. of FRE13 T. GALLAGHER "'c"80. ,o.ee. 19ao V11010 6EACK, FLORIDA ]]961-1ean 1g90 . 11rtwren NELSON HYATT, a/k/a NELSON C. HYATT, of the County of Indian River , Stare el Florida grantor•, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, —hese post office address Is 1640 25th Street, Vero Beach, Florida 32960, of site County of Indian River . Stale of Florida , grontec•. is(tnreerth. That sold grantor. for and In consideration of the sum of ____________________________Ten and no/100________----__--_____------eo Dollars, p and other good and valuable considerations to said grant*, acknowledged, has granted, bargained and sold to the sold described land, slfuote, lying and being In in hand paid by said grantee, grantee, and grantee's heirs and County, the receipt whe,eof is hereby assigns (Drover• the following Florida, to -wit: Zter -42 N c.s Those two parcels of land as particularly described in Exhibit A attached hereto. Subject to easements, restrictions and reservations of record and taxes and assessments subsequent to December 31, 1989. This Deed is being given by Grantor to Grantee pursuant to that certain Agreement by and between the parties hereto dated July 11.1 1989, pertain- ing to the County takeover of the utility system, and is further being given upon the specific condition contained in Paragraph 4 entitled "Right of First Refusal wherein the Grantee obligated itself to recon- vey said property described in Exhibit A hereto at such I:iine as said property is no longer being used by Grantee in its utility operation or at the end of ten (10) years from the date of said Agreement, which- ever first occurs. If after the expiration of said ten-year period, the Grantee still requires the use of said property. Grantee shall, at that time, pay to Grantor the fair market value for said properly. nd sold Orontor does hereby fully warrens the lisle to said land, and will defend the tam. *gamer rhe Inwful stains al nil persor.s whomsoever. e "Grantor" and "grahtee" ore used far singular ar plural• as context requires. �nres �hlrrpi, Gronlor has hereunto set gra s. hand and seal the Tiny and yso, first ubo.,. written Signe <oled and do ITtsred in our presence) (Scali Ne iso C'. IIy�E TO r STATE OF FLORIDA �"'-ttl 'ns FAllolney COUNTY of INDIAN RIVER County I HEREBY CERTIFY that on This cloy before me, an officer duly qualllied to Toke acknowledgments, personally oppe*,ed NELSON HYATT, a/k/a NELSON C. HYATT, to me known to be the person described In and who executed the foregoing inslrvmrnt and ocknowledged before me that Ile executed the same. WITNESS my band and official seal in the County and St os!_oloresoid this lath day el January, 19 90 . t My commission Aspires, Notary Public NaTe Ry STATE OF FLORIDA. NOT [aft1 .115SIuN cKrI11E5t PEc. - l• r ~ e i it .. ^ 14. t992. r�- w...,.......a ..,,t.,,. mun D"..r,.w.,rr.. - � � � CC:_': :T'( ,Y7S^17 T5 !� h t itV•I 1.1•. til 1��'.I.: ff 1.-. 102811, $1, 1 .Vere Oeach, Florida 32960 07i20i93 12!25 $ 407 951 3741 FRESE.NASH et al DJ 03 f \-V WATER PLANT SITE LEGAL DE=SCRIPTION COMMENCE AT THE CENTERLINE INTERSECTION OF STRATTON AVENUE AND BRISTOL STREET, AS SHOWN ON 111E PLAT OF SEBASTIAN HIGHLANDS UNIT 17, RECORDED IN PLAT BOOK B, PAGE 46 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AND RUN, ACCORDING TO TILE SAID PLAT, S 00^29'01" E ALONG THE CENTERLINF OF BRISTOL STREET 25.00 FEET TO A POINT. THEN RUN EAST 25.00 FEET TO THE EAST LINE OF GRISIOL _ STREET AND THE BEGINNING OF A 1014.13 -FOOT RADIUS CURVE CONCAVE TO THE NORTH. THEN RUN ALONG THE CURVE, THROUGH A CENTRAL ANGLE OF 05019'59", AN ARC DISTANCE OF 94.10 FEET TO A POINT OF BEGINNING. THEN RUN STILL ALONG THE SAID CURVE, T14ROUGII A CENIRA1. ANGLE OF 07025'55", AN ARC DISTANCE OF 131.54 FEET TO A POINT. THEN RUN 5 00' 29' 01" E 169 FEET TO A POINT. THEN RUN WEST 130 FEET TO A POINT. THEN RUN N 00-29'01"W 148.38 FEET TO THE POINT OF BEGINNING. CONTAING 0.47 ACRES, LYING IN INDIAN RIVER COUNTY, FLORIDA. - .WASTE WATER PLANT SITE LEGAL DESCRIPTION COMMENCE AT THE NE CORNER OF THE NW 1/4 OF THE SE 1/4 OF EXIIIHIT A 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 89' 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 26'00'12"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 THEN RUN ROAD. S 89- 14' 27" W A DISTANCE OF 390.07 FEET TO THE AFORE - MENTIONED 40 -ACRE LINE. THEN RUN N 0045'33"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. EXIIIHIT A EXHIBIT '$Alt ,l WATER PLANT SITE LEGAL DESCRIPTION COMMENCE AT THE CENTERLINE INTERSECTION OF SIUATTON AVENUE AND BRISTOL STREET, AS SHOWN ON 111E PLAT OF SEBASTIAN HIGHLANDS UNIT 17, RECORDED IN PLAT BOOK 8, PAGE 46 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AND RUN, ACCORDING TO THE SAID PLAT, S 00029'01" E ALONG THE CENTERLINE OF BRISTOL STREET 25.00 FEET TO A POINT. THEN RUN EAST 25.00 FEET TO THE EAST LINE OF BRISTOL_ _ STREET AND THE BEGINNING OF A 1014.13 -FOOT RADIUS CURVE CONCAVE TO THE NORTH. THEN RUN ALONG THE CURVE, THROUGH A CENTRAL ANGLE OF 05° 19' 59", AN ARC DISTANCE OF 94.10 FEET TO A POINI OF BEGINNING. THEN RUN STILL ALONG THE SAID CURVE, THROUGH A CENII?AL ANGLE OF 07025'55", AN ARC DISTANCE OF 131.54 FEE I 10 A POINT. THEN RUN S 000 29'01" E 169 FEET TO A POINT. THEN RUN WEST 130 FEET TO A POINT. THEN RUN N 00" 29* 01"W 148.38 FEET TO THE POINT OF BEGINNING. CONTAING 0.47 ACRES, LYING IN INDIAN RIVER COUNTY, FLORIDA. r•-�-�`�• G/25 /93(legal)V3c/WMc i) IS10 BILL OF SALE OF UTILITY FACILITIES (when constructed within existing easement or road rights of way) KNOW ALL MEN BY THESE PRESENTS, that: INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1840 25th Street, Vero Beach, FL 32960, hereinafter called GRANTOR*, inn consideration of value received, the receipt and sufficiency of which is hereby acknowledged, has and does hereby grant, bargain, sell, transfer, and deliver unto CITY OF SEBASTIAN, a municipal corporation of the State of Florida, whose address is City Hall, Sebastian, FL 32958, hereinafter called GRANTEE*, this g day of Scn to C , 1993, the following goods and chattels: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF which utility facilities are located in existing easements or road rights of way described generally as follows: EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF ''1'0 HAVE AND TO HOLD the same unto GRANTEE forever. IN WJTNI?SS WHEREOF, the GRANTOR has herein set its hand an -d, seal the day.. ani year first above written. `A`tee INDIAN RIVER COUNTY, FLORIDA Board of Co ty Commissioners Te-ffreClerk yr K. Bartca By 1%� Clerk � RichardN. Bird - �Jy Chairman ,:,,,:., „;,„, ca, �ooroveu Admin. I r/rn STATE OF FLORIDA COUNTY OF INDIAN RIVER Lena( Buaget Deoi. Fist' Mgr. I � — The foregoing instrument was sworn to and subscri e e ore me this 3-% day of , 1993, by Richard N. Bird and Jeffrey K. Barton, Chairman a Clerk respectively of the INDIAN RIVER COUNTY, FLORIDA, Board of County Commissioners, a political subdivision of the State of Florida. They executed the above on behalf of same. They are personally known to me and did not take an oath. My Commission Expires: LRETURN TO' 11�-\ FREdE, NASH & TORPY, P.A. 9305. HARBOR CITY BLVD. RUITE 505 MELBOURNE, FL 32901 Notary Pub printed name:WIZICIR 6AP-6o Commissi g �ITRICIA dAiiva HCFC Notary Pubec, State of Floud:. Aly comm. exp6es August 26,1993 No. AA 695576 In. W C— C:) 0 Date CA) .v °tD Z rc. W (") 19 x R1n F < x,Ccaril 001 3M = O ---1m rDZ� a-4 this g day of Scn to C , 1993, the following goods and chattels: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF which utility facilities are located in existing easements or road rights of way described generally as follows: EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF ''1'0 HAVE AND TO HOLD the same unto GRANTEE forever. IN WJTNI?SS WHEREOF, the GRANTOR has herein set its hand an -d, seal the day.. ani year first above written. `A`tee INDIAN RIVER COUNTY, FLORIDA Board of Co ty Commissioners Te-ffreClerk yr K. Bartca By 1%� Clerk � RichardN. Bird - �Jy Chairman ,:,,,:., „;,„, ca, �ooroveu Admin. I r/rn STATE OF FLORIDA COUNTY OF INDIAN RIVER Lena( Buaget Deoi. Fist' Mgr. I � — The foregoing instrument was sworn to and subscri e e ore me this 3-% day of , 1993, by Richard N. Bird and Jeffrey K. Barton, Chairman a Clerk respectively of the INDIAN RIVER COUNTY, FLORIDA, Board of County Commissioners, a political subdivision of the State of Florida. They executed the above on behalf of same. They are personally known to me and did not take an oath. My Commission Expires: LRETURN TO' 11�-\ FREdE, NASH & TORPY, P.A. 9305. HARBOR CITY BLVD. RUITE 505 MELBOURNE, FL 32901 Notary Pub printed name:WIZICIR 6AP-6o Commissi g �ITRICIA dAiiva HCFC Notary Pubec, State of Floud:. Aly comm. exp6es August 26,1993 No. AA 695576 In. W C— C:) 0 Date CA) HIRAM'S LIFT STATION CCISTS Contra( -t with Ted Myers Engineering to change plans (estimale) Florida Power d Light Co. Survey and Legal bescription 400 sy,ft, of land deeded to county used to larate Lift Station on Sebastian Inlet. Marina Property @ S15./sq, fl 15L Sc•batitinn ]ulet Plarina 051 oyster Pointe/Oyster Flay $30.403.30 2,0o0.00 200.00 350.00 _-6, 000_00 539,041.30 $ 5,1156.00 53.3,105.011 6 O EXHIBIT "'Alt GDO b= Q� W MASTELLr=h, MoLp-n & Mew, INC. PROFESSIONAL LAND SURVEI OF1S POST OffICE BUR 761015 SEBASTIAN. FLORIDA 046)6-1015 17451509.4010 L.FOAL DESC:RlF°T IC1N OF A 20' ri ?O' EASEhFENT COMMENCING AT THE W.W. t:JftNL_ft OF: LCI'I 8, HLCB.Ik; 2. INDIAN RIVEN; I-1ILA-S CSJBDIVISION AS RECCIRDED IN "PLAT Docil-, •1, PALO- `_•1 OF 114C PUBLIC RECONDS, OF INDIAN RIVER COUNTY. FLOR11-At 1HEN1_:E PU14 E-lOUIFIEA$lERI-Y ALON13 THE EASTERLY r-JGM-Cd--WAti' LINE: CIF RIVIMSIDE 1:•RIVE 4.1.00 FEET TO THL VC11NT CIT PEGINNINO; MENU' CONTINUE ALCING 9AIt, CASTE'RLY RIGHT-PIF-AJAY LINE 20.0(A F'E'ET; THENCE: RUN NORTIIEASIERLY AT A RIGHT- ANGLE. TO SAID EASTERLY RIGHT••UF-'••WAY LINE A DI^TA•,IC:E Of: .2.0.00 FEET; THENCE RL114 Nr:RMWESTERLY PARAMEL TO riAID rASTERLY RIGHT -CIF -WAY LINE CIF• RIVERSIDE DRIVE: 20.00 FCtT; THENCE SOUTHEASTERLY AT A RIGHT ANGLE: TO AFC IRESAIb CALL. 20. ih) fE:E I uAC*.. 10 THE POINT Or 1IkUINNI NG. CONTAINING 400 �4WRE-, ' E1>14G+ E. C -IR LESS. 11 • Ft1JD REL=U F -=.1..t . It, t•,716 E IIHit ; H HL -JIT To: Richard Votapka, Utilities Director From: Marilyn Swichkow, CPA, Finance Director Date: Sunday, July 18, 1993 Subject: Park Place Utility Plant Deed • 1 received the above referenced document (appears to be a new deed, recently recorded). Thank You! • However, our auditors will want to know what we actually own. What are the restrictions contained in the warranty deed, dated January 18, 1990? • Why don't we have a copy? Or is that the one with white -outs, omissions, etc.? We need a copy of whatever is recorded in ORB 859, page 1327 of the public records of Indian River County. Will you try to obtain same? • THANKS! E X H I Ej IT as ar. WATER PLANT S1TG LEGAL DESCRIPTION COMMENCE AT THE CENTERLINE INTERSECTION OF STRATTON AVENUE AND BRISTOL STREET, AS SHOWN ON 11IE PI -Ar OF SEBASTIAN IIIGIILANDS UNIT 17, RECORDED IN PLAr DOOK 0, PAGE 46 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AND RUN, ACCORDING TO THE SAID PLAT, S 00-29'01" E ALONG THE CENTERLINE OF DRISTOL STREET 25.00 FEET TO A POINT.. TIIEN RUN EAST 25.00 FEET TO. TIIE EAST LINE OF BRISTOL - STREET AND TIIE BEGIN14ING OF A 1014.13 -FOOT RADIUS CURVE CONCAVE TO THE NORTH. TIIEN RUN ALONG TIIE CURVE, TIIROUGII A CENTRAL ANGLE OF o5019,59", AN ARC DISTANCE OF 94.10 FEET TO A POINT OF DEGINNING. THEN RUN STILL ALONG TIIE SAID CURVE, THROUGH A CENTRAL ANGLE OF 07625'55", AN ARC DISTANCE OF 131.54 FEET 10 A POINT TIIEN RUN S 000 29'01" E 169 FEET TO A POINT. THEN RUN WEST 130 FEET TO A P01141 TIIEN RUN IJ 00029'01"W 148.30 FEET TO TIIE POINT OF BEGINNING. CONTAING 0.47 ACRES, LYING IN 114DIA N RIVER COUNTY, FLORIDA. CnrT_III ItAM' S LIF.[ STATION Co: -,I'S Conlrarl wiLlt Ted Flyers Gnglneerirry In change S.l(1,403...Io plates (e sLimalc) Florida Power 2,000.00 4 I,iylrL Co. Serve y acrd t,egal bescripl-ion 200.0(1 400 s. f• fl. oC land deeded ler J50.00 us corral)• ed Lu caLe Lift StaLloir Iurina lr11001.Flaoh Seltastian hrolreety @ 515./yq f . 539,041.10 15' ;;r•Ira l i:rrr lnlel Flarina 051 O •,)z. l r•r I•ui me/Oyster S 5,1156.0o bay S33,105.00 EXHI � T ftAll MfASTELLt►.,' MOL.EFt & Fir -M INC. PnorusioNAL LAND 5URVElortS GO:1 office got 781045 SrnAS71M1, rLONOA 82078-7845 0"1 SBare.b LEGAL DESC;RIr°T ION OF A 20' ). 20' EASEMENT CONMFNCING 07 THE N.W. Cff' LCIl 73, PLOCi; 2, INDIAN NMI', tlri.l.- SUDDIVIS?1014 (-is RECC7rtr7F..D IN FLAT Pool,, •1, VALM: tl LIF 111E PUBLIC RECORD^ of INDIAN RPAM COIJNIY. r, LORII -AI 'IIIENr:E RU14 F101211IIL'A151ERI_Y ALONG TtIF.* EASTERLY r:It_.III'-Or.-WAY LINE: OF RIVERSIDE DRIVE 44.00 FEET TO ME POINT C11- TI IF. NC t, CONTINUE ALONG 9AIDLASTL PLY RIGHT-OF-WAY LINE :'0.0(!1 r•L:E7 F THEI4CE RUN AT it RIGI-If ANGLE TO S.P,ID EASTERLY RIGIIT-•Or---WAY LINE A DIC+TANCE CSF 20.00 FEET THENCE RUN NORIHWESTERLY F'ARAL.LLL TO ,+AID EASTERLY RICHT-CIF-WAY LINE Oh RIVF..ROM-E DRIVE: 20.00 FELT-, THENCE SOUTHI:ASTE AL.Y A1• A NIGIIT ANGL.0 TO AFORESAIb CALL. 20. 00 FEEI IJACA', 10 TME roINT Or- IdLmi.NNING, coNTAININo •100 /;t�JF+F.fi.('C/T�14iifE: OR LESS. ROD-REI:A) r".L..LI, 11::14itr �_EYid1BI "B'tj CLERK OF THE COURT; 06/28/93 SEBASTIAN-939659/Recording cost, DAtt t0NlR0kNumnm , !,.tbtALS ��Wilii I M- rl_ i I 26.20 Ded: 26:20 0.00 Net: 017013 26.20 26.20 -ri.^.MwwA.M.VrMuµa�Y^qn+.,vv.4+isFV+:w..rr1F11,%+LrMrw.ar.-r.....rw.d._•...a:4.YwOV.MY1'YSiM?'f•1+P1.p'✓nwrFltiM �. M�M�.r.� ..a..... ..... .r .r. it .. ..,r .r,. n .nn.r r4:n,ry+. 8/28 /99 (.L!(talj Vle/WMo ( BILL OF SALE OF UTILITY FACILITIES : (when constructed within existing easement or road rights of way) KNOW ALL MEN BY THESE PRESENTS, that: INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1840 25th Street, Vero Beach, FL 32960, hereinafter called GRANTOR*, in consideration of value received, the receipt and sufficiency of which is hereby acknowledged, has and does hereby grant, bargain, sell, transfer, and deliver unto CITY OF SEBASTIAN, a municipal corporation of the State of Florida, whose address is City Hall, Sebastian, FL 32958, hereinafter called GRANTEE*, this $ day of TLA tv G 1993, the following goods and chattels: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF which utility facilities are located in existing easements or road rights of way described generally as follows: EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF TO HAVE AND TO HOLD the same unto GRANTEE forever. IN WJTNESS WHEREOF, the GRANTOR has herein set its hand and seal the day and year first above written. L Jeffrey K. Barton ClerkI&N / INDIAN RIVER COUNTY, FLORIDA Board of Coqnty Commissioners BY 1-146 Richard N. Bird Chairman 0%;an ":YH ca i XDoroved STATE OF FLORIDA Buuget COUNTY OF INDIAN RIVER I Devl. My Commission Expires: si Notary'PublYa printed name: PORICIR dllfbo #F Commissi g �1TRICIA OA:3301!GLD Notary Publlc, Stalo of 1`101U. My comm. expires August 26,1993 No. AA 695578 Do I'YISN Mgf, this The foregoing instrument was sworn to and subscr e day oftom' 1993, by e ore me - , Richard N. Bird and Jeffrey K. Barton, Chairman a Clerk respectively of the INDIAN RIVER COUNTY, FLORIDA, Board of. County Commissioners, a political subdivision of the State of Florida. They executed the above on behalf of same. They are personally known to the and did not take an oath. My Commission Expires: si Notary'PublYa printed name: PORICIR dllfbo #F Commissi g �1TRICIA OA:3301!GLD Notary Publlc, Stalo of 1`101U. My comm. expires August 26,1993 No. AA 695578 Do PI101000PIESOF o,2,.91IISIS FORM NOT 6=LOR; -A DEPARTMENT O I4. VENUE FORR�•�' ACCEPTABLE RE -1 URN FOR TRANSFERS Of INTEREST IN PLot'IDA REAL PROPF])I'Y I I I < BY USINr: I•nl lr:,ve.reur onvee•• r..,,�,. a . 11 UAIA WILL FALL WIFHIN ALL FIELDS-----� IF TYPING THIS DOCUMENT. TYPE AN 'X IN THE THIS IS A MACHINE READABLE FORM. IF HAND PRINTING g B C D E F G H I J K L M N O p 0 IZ TYPE NTHROUGHMENT %THEES AHANDPRINT BO ESBOVE. CARRIAGE ETURN AND THI50 WC PLEASE PRINT NUMBERS CAREFULLY it I NIIN THE BO%ESENT, AS SHOWN AT RIGHT. $ T Lf V tr,J X Y Z 0 1 121314151617181cl PARCEL 1. IDENTIFICATION q .NUMBER 710 Io to Q / IS THIS A MULTI -PARCEL IS THIS TRANSACTION A 2: TRANSACTION? —> VES /0NO ASPLIT NOTHER CUTOUTFROM YES❑/E]NO Law Name a GRANTOR ,z A E Flrsl Name MI (Seller) PHONE NO. 1` CORPORATE NAME j• C O GRANTEE � 19 y �1 Name n (Buyer) er STREET P O n / ADDRESS o 1 4: y - ZIP CODE CITY/STATE PHONE( ® ) CORPORATE d NO. J NAME DATE OF SALE 2 SALE PRICE © O 9 / $ PROPERTY LOCATED IN: ® COUNTY, FLORIDA MnnIM1 Da Year (COUNTY CODES ON REVERS[ ❑ Canfr/Agreement ❑ `� j! TYPE OF DOCUMENT > Warranty ❑ Quit ed for Deed Deed for Deed Other /T❑` c6 um / n� _ / TO THE BEST OF YOUR KNOWLEDGE, WERE THERE UNUSUAL CIRCUMSTANCES OR CONDITIONS TO THE SALE. MARK (X) THOSE THAT APPLY: Title Defects Sale under Duress Related to Seller .Forced sale by Court Order I Mineral Rights Foreclosure Sale o/ a Partial or Undivided Interest Other Residential :PROPERTY TYPE AT TIME ❑ Canmerclal ❑ Industrial ❑ Agricultural ❑ Inslitutionall Miscellaneous Government Vacant to( Acreage OF SALE? ❑ © ❑ ❑ TO THE BEST OF YOUR KNOWLEDGE, WAS UNUSUAL PERSONAL —I YES/❑ NO PROPERTY INCLUDED IN THE SALE? IF "YES", PLEASE STATE THE AMOUNT ATTRIBUTABLE TO � $ THE PERSONAL PROPERTY AMOUNT OF DOCUMENTARY STAMPS AFFIXED TO DOCUMENT? IF ITEM NUMBER 10 is "ZERO", IS DEED EXEMPT FROM DOCUMENTARY ❑ ❑ STAMP TAX UNDER s201.02(6)• FLORIDA STATUTES? YES NO HEREBY CERTIFY THAT THIS RETURN WAS THE PROPERTY IMPROVED AT THE TIME OF SALE? YES 'n/[:]NO EXAMINED BY ME AND TO THE BEST OF MY KNOWLEDGE AND BELIEF IS A TRUE AND COMPLETE WA I U b1z UUMPLETED BY THE CLERK OF THE CIRCUIT COURT'S OFFICE CLERK'S DATE STAMP O.R. BOOK ►AND 4 FILE NUMBER ANDEPI Im PAGE NUMBER 11 -DATE BOOK g PAGE NO.. OR FII F Nn RECORDEn GENERAL INFORMATION THE FLORIDA DEPARTMENT OF REVENUE IS REQUIRED, BYLAW. TO PERIODICALLY REVIEW COUNTY ASSESSMENT ROLLS. AS A PART OF THIS REVIEW, THE DEPARTMENT COLLECTS DATA AND INFORMATION RELATING TO REAL ESTATE TRANSACTIONS FOR ESTIMATES OF MARKET VALUE. THE DATA PROVIDED WILL BE USED IN THE ROLL REVIEW PROCESS. AS A CONDITION OF RECORDATION OF ANY DEED TRANSFERRING AN INTEREST IN REAL PROPERTY, THIS RETURN MUST BE COMPLETED BYTHE GRANTOR, GRANTEE OR GRANTEE'S AGENT, PURSUANTTO SECTION 201.022, FLORIDA STATUTES, ANDACCOMPANY EACH DOCUMENT TRANSFERRING AN INTEREST IN FLORIDA REAL PROPERTY WHEN PRESENTED TOTHE CLERK OF THE CIRCUIT COURT FOR RECORDATION. TAX IS COMPUTED AT THE RATE OF 70¢ PER $100.00 CONSIDERATION ROUNDED UP TO THE NEAREST HUNDRED. THIS RETURN SHALL NOT BE RECORDED, OR OTHERWISE BECOME A PUBLIC RECORD, AND SHALL BE CONFIDENTIAL AS PROVIDED BY S. 193.074, FLORIDA STATUTES. PENALTY AND INTEREST THERE IS A PENALTY IMPOSED UNDER SECTION 201.17, FLORIDA STATUTES, EQUALTO 25 PERCENT OF THE TAX NOT PAID. IN ADDITION TO THE PENALTY, INTEREST OF 1 PERCENT PER MONTH SHALL BE CHARGED BASED UPON THE AMOUNT OF TAX DUE FROM THE DATE OF RECORDATION UNTIL THE TAX IS PAID. GENERAL INSTRUCTIONS BY LINE NUMBER 1. PARCEL IDENTIFICATION NUMBER: This number is assigned to property bythe county Property Appraiser. If unable to locate PARCEL ID number on a Notice of Proposed Property Taxes or a Tax Bill, call the Property Appraiser's Office. The Department of Revenue does not have access to PARCEL ID Numbers. 2. MULTI -PARCEL TRANSACTION: Means there was more than one (1) parcel included in the transaction. Only one (1) PARCEL ID number is required for line 1. SPLIT OR CUT OUT FROM ANOTHER PARCEL: A transfer which conveys a portion of an existing parcel. New parcel will not have a PARCEL ID number. Use PARCEL ID number from existing parcel. 3. S 4. These lines are self explanatory. Please fill out completely all sections that apply. 5. DATE OF SALE: Date transaction took place SALE PRICE: To be computed below BY TAXPAYER IN DETERMINING 1. Cash or Doom Payment 2. New Or Fxisting Mortgages 3. Any Other Consideration 4. Total Consideration Pak or to Be Paid (Una 3 Front) S. II taxable consideration Is $1po a less explain arielly. +Y_Q rl $ G 6. TYPE OF DOCUMENT: Ploase mark the box that applies to the type of deed or document used in transaction 7. UNUSUAL CIRCUMSTANCES OR CONDITIONS: Unusual means transactions that are not ordinary transactions. 8. PROPERTY TYPE AT TIME OF SALE: Self Explanatory. If in doubt call county Property Appraiser. 9. UNUSUAL PERSONAL PROPERTY INCLUDED IN THE SALE: Any items other than appliances, floor coverings, window dressings which are normally sold with a residence, it actual value not known please estimate. 10. AMOUNT OF DOCUMENTARY STAMPS AFFIXED TO DOCUMENT: Documentary Stamp Tax computed at the rate of 70¢er $100.00 of sale price rounded up to the nearest hundred. Clerks office will affix stamps. 11. Exemption under S. 201.02(6) F.S. includes governmental entities, water management districtsand non-profit organizationswhose purpose is the preservation of Natural Resources and is exempt from Federal Income tar. 12. IMPROVED PROPERTY: Is property that includes items such as buildings, a wsll; septic tanks, paving, fences, pools etc. COUNTY CODES TO BE USED IN QUESTION 5 ALACHUA it HAYLTON U OKALOOSA 56 BAKER 12 HARDEE 35 OKEECHOBEE 57 BAY 13 HENDRY 36 ORANGE W BRADFORD 14 HERNANDO 37 OSCEOLA 5e BREVARO 15 HIGHLANDS SO ' PAW BEACH 60 BROWARD 16 16LLSBOR000II 3e PASCO 61 CALHOUN 17 HOLMES 40 PINELLAS 62 CHARLOTTE 16 VIDIAN RIVER 4t POLK 63 Crmus 1e JACKSON 42 PUTNAM 64 CLAY 20 JEFFERSON 43 ST. JOHNS 65 COWER 21 LAFAYETTE M ST. LUCIE 66 COLUMBIA 22 LAKE 45 SAMA ROSA 67 DADE 23 LEE 46 SARASOTA ae DESOTO 24 LEON 47 SE1414OLE 60 DIME 25 LEVY " SUMTER 70 DUVAL n LIBERTY 4e SUWANNEE 71 ESCAM13LA 27 MApSON" SO TAYLOR 72 FLAGLER 20 MANATEE 51 UNON 73 FRANKUH n MARION 52 VOLUSIA 74 GADSDEN 30 MARTIN W WAKULLA 75 QLCnmST 31 MONROE 54 WALTON 76 GLADES 32 NASSAU 55 WASHINGTGN T7 GULF n "BE SURE OR -219 IS SIGNED. "DR -219 AND DEED TO BE RECORDED BY CLERK OF COURT. DO NOT SEND TO THE DEPARTMENT OF REVENUE. —SHOULD YOU HAVE ANY QUESTIONS PLEASE CALL THE DEPARTMENT OF REVENUE AT (904) 488-9479. ... .....n ,..a�Y,way.u.a.a,i ♦d w:a NdA.... , ..,. .:..... n...m �..,......,---_. .... , .... _. ....i .. Parcel ID%tee/safaoaa.eo...,ey.3tv,� Park Place Wat(_iPlant Site C O U N This Deed, made this 1-6— day of and between D E E D pr�I L 1993, by INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, FL 32960, COUNTY, and the CITY OF SEBASTIAN, FLORIDA, a municipal corporation existing under the laws of the State of Florida, the address of which is Poet Office Box 127, Sebastian, FL 32978, CITY, W I T N E B B E T H t That COUNTY, for and in consideration of the sum of $10.00 and other good and valuable consideration to it in hand paid by CITY, receipt whereof is hereby acknowledged has granted, bargained, and sold to CITY, its heirs and assigns forever, the following described land lying and being in Indian River County, Floridat EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF This deed is subject to whatever rights';-Neleon Hyatt may have in the property by virtue of a warranty deed, dated January 18, 1990, recorded in 0. R. Book 859; Page 1327, of the Public Records of Indian River County, Florida. IN WITNESS WHEREOF the COUNTY has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year aforesaid. (SEAL) Attest: 1�- Jeffrey K. Barton, Clerk '.•A,(r ���'Ay STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By Richard N. Bird, Chairman Approved by HCC 4/6/93 The kregoing instrument was acknowledged before me this day of 6?Lt_— , 1993, by Richard N. Bird and Jeffrey K. Barton, BEY Chairman and Clerk of the Board of County Commissioners of Indian River County, Florida, a political subdivision of the State of Florida, on behalf of the said County. They are personally known to me and did not take an oath. Big Qk Fav d_�— NotaryP lic printed names PftPIUA 0Aeb,0 N�',b Commission k PATRICIADAIY:.DC L Notary Public, :I^. +cl .. My comm. expires Au; uu 128,1903 No. AA 695578 APPROVED AS TO FORM AND LEGAL SUFFICIENCY I B TERRENCE P. O'BRIEN ASST. COUNTY ATTORNEY M E M O R A N D U M DATE: July 13, 1993 FROM: Richard Votapka, Utilities Director a L/ TO: Marilyn Swichkow, Finance Director SUBJECT: Park Place Water Treatment Plant Deed and Captain Hiram's Lift Station Costs I am transmitting the following documents to you which I recently received from Frese, Nash, & Torpy, P.A.: 1) June 28, 1993 Letter to the Clerk of the Circuit Court in Indian River County from C.I. Nash, Esquire; 2) April 6, 1993 County Deed to the City of Sebastian for the Park Place Water Treatment Plant site; 3) Exhibit "A" - Water Plant Site Legal Description; 4) Florida Department of Revenue Form for Transfer of Interest in Florida Real Property dated June 23, 1993; 5) Bill of Sale of Utility Facilities dated June 8, 1993 for Captain Hiram's Lift Station; 6) Exhibit "A" - Captain Hiram's Lift Station Costs 7) Exhibit "B" - Legal Description of a 20' x 20' easement 8) Frese, Nash, & Torpy, P.A.'s statement in the amount of $26.20 for 6/28/93 recording costs Ii ULUm�DI H tl. W {,1 nV1Y.:r.1. r.wr..+A.n �...r ✓�.!✓MTh'.1r.YM.Y�..wl,..JT..LF11N\.+.w. til'Y.,n[1 iA1 k1i jjAjA k.n.1--. .1 .. GARY 13. FREsE} CHARLES IAN NASW VINCENT G. TORPY. JR RIcvuum E. ToRPY GREGORY S. HANSEN J. PATRICK ANDERSON LAURA L. ANDERSON CnARLEs A ,SCIIILLINGER WILLIAM A GRIMM OF COUNSEL PRLSL, NASIi CSL TORPY, P.A. ATTORNEYS AT LAW 930S. HARBOR CITY BLVD. SUITE 606 MELBOURNE. FLORIDA 32901 (407) 084.3300 FAA (407) 061-3741 June 28, 1993 Clerk, Circuit Court for Indian River County Indian River County Courthouse ATTN: RECORDING DIVISION P.O. Box 1028 Vero Beach, FL 32960 Re: Warranty Deed Indian River County, Florida to City of Sebastian, Florida Our File No.: 93-9659 Dear Sir/Madam: (BOA FO CFRT PIFO IN TA.Twnov 'BOA" OEKlrIFO IN E.TATF PI MNO AVO PFOOATF Enclosed please find the following original documents for recording in the Public Records of Indian River County, Florida: _- 1. County Deed along with Form DR -219, Florida Department of Revenue Return for Transfers of Interest in Florida Real Property, in duplicate; and 2. Bill of Sale of Utility Facilities. Our office check payable to your order in the amount of $2.6.20 is enclosed herewith representing your fee for recording. Once the aforementioned. documents have been recorded, please return them to my office in the self-addressed, stamped envelope which I have enclosed herewith for your convenience. Thank you for your assistance and cooperation in this regard.' Very truly ours, FRESE, S�TORPY, P.A Charles Ian Nash CIN/niz Enclosures as stated cc: Richatd B. Votapka, P.E., Utilities Director City of Sebastian w/copies of enclosures M E H 0 R A N D U M DATE: July 13, 1993 / FROM: Richard Votapka, Utilities Director "Y" TO: Kay O'Halloran, City Clerk SUBJECT: Park Place Water Treatment Plant Deed and Captain Hiram's Lift Station Costs I am transmitting the following documents to you which I recently received from Frese, Nash, & Torpy, P.A.: 1) June 28, 1993 Letter to the Clerk of the Circuit Court in Indian River County from C.I. Nash, Esquire; 2) April 6, 1993 County Deed to the City of Sebastian for the Park Place Water Treatment Plant site; 3) Exhibit "A" - Water Plant Site Legal Description; 4) Florida Department of Revenue Form for Transfer of Interest in Florida Real Property dated June 23, 1993; 5) Bill of Sale of Utility Facilities dated June 8, 1993 for Captain Hiram's Lift Station; 6) Exhibit "A" - Captain Hiram's Lift Station Costs 7) Exhibit "B" - Legal Description of a 20' x 20' easement 8) Frese, Nash, & Torpy, P.A.'s statement in the amount of $26.20 for 6/28/93 recording costs M E M O R A N D U M DATE: July 13, 1993 FROM: Richard Votapka, Utilities Director giL ✓ TO: Marilyn Swichkow, Finance Director SUBJECT: Park Place Water Treatment Plant Deed and Captain Hiram's Lift Station Costs I am transmitting the following documents to you which I recently received from Frese, Nash, & Torpy, P.A.: 1) June 28, 1993 Letter to the Clerk of the Circuit Court in Indian River County from C.I. Nash, Esquire; 2) April 6, 1993 County Deed to the City of Sebastian for the Park Place Water Treatment Plant site; 3) Exhibit "A" - Water Plant Site Legal Description; 4) Florida Department of Revenue Form for Transfer of Interest in Florida Real Property dated June 23, 1993; 5) Bill of Sale of Utility Facilities dated June 8, 1993 for Captain Hiram's Lift Station; 6) Exhibit "A" - Captain Hiram's Lift Station Costs 7) Exhibit "B" - Legal Description of a 20' x 20' easement 8) Frese, Nash, & Torpy, P.A.'s statement in the amount of $26.20 for 6/28/93 recording costs GARY B. FREsEt CHARLES IAN NASH' VINCENT G. TORPY. JR RICHARD E. ToRPY GREGORY S. I ANSEN J. PATRICK ANDERSON LAURA L. ANDERSON CHARLES A SCHILLINGER WILLIAM A GRIMM OF COUNSEL FRESE. NASH & TORPY. P -4 - ATTORNEYS AT LAW 930 S. HARBOR CITY BLVD. SUITE 505 MELBOURNE. FLORIDA 32901 June 28, 1993 Clerk, Circuit Court for Indian River County Indian River County Courthouse ATTN: RECORDING DIVISION P.O. Box 1028 Vero Beach, FL 32960 Re: Warranty Deed Indian River County, Florida to (407) 984-3300 FAX (407) 951-3741 tBOMO C.."nXD 1N Tw vox .B.. CeRn".. IN ESTATE PI..NMNO M'O PRO.A City of Sebastian, Florida � h��! . JI S;,, 0 Our File No.: 93-9659 ��yj Dear Sir/Madam: (aw- _ 7191F3 - Enclosed please find the following original documents—for recording in the Public Records of Indian River County, Florida: 1. County Deed along with Form DR -219, Florida Department of Revenue Return for Transfers of Interest in Florida Real Property, in duplicate; and 2. Bill of Sale of Utility Facilities. Our office check payable to your order in the amount -of $2.6.20 is enclosed herewith representing your fee for recording. Once the aforementioned documents have been recorded, please return them to my office in the self-addressed, stamped envelope which I have enclosed herewith for your convenience. Thank you for your assistance and cooperation in this regard. - Verytruly ours, FRESE, SHTORPY, P.A. Charles Ian Nash CIN/niz Enclosures as stated CC: Richard B. Votapka, P.E., Utilities Director City of Sebastian w/copies of enclosures Parcel ID # skis/9a{aooa_aovnty.a)v]c Park Place Wat UPlant Site C O U N T Y D E E D f This Deed, made this day of ___Ap(q 1 L 1993, by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, FL 32960, COUNTY, and the CITY OF SEBASTIAN, FLORIDA, a municipal corporation existing under the laws of the State of Florida, the address of which is Post Office Box 127, Sebastian, FL 32978, CITY, W I T N E S S E T H i That COUNTY, for and in consideration of the sum of $10.00 and other good and valuable consideration to it in hand paid by CITY, receipt whereof is hereby acknowledged has granted, bargained, and sold to CITY, its heirs and assigns forever, the following described land lying and being in Indian River County, Florida: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF This deed is subject to whatever rightsiNelson Hyatt may have in the property by virtue of a warranty deed, dated January 18, 1990, recorded in 0. R. Book 859, Page 1327, of the Public Records of Indian River County, Florida. IN WITNESS WHEREOF the COUNTY has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year aforesaid. (SEAL) Attest: 1 � Jeffrey K. Barton, Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONER By Richard N. Bird, Chairman Approved by BCC 4/6/93 The regoing instrument was acknowledged before me this day of �, 1993, by Richard N. Bird and Jeffrey K. Barton, a Chairman and Clerk of the Board of County Commissioners of Indian River County, Florida, a political subdivision of the State of Florida, on behalf of the said County. They are personally known to me and did not take an oath. Big Notary Public printed name: PAfRIG14 0,49&0 hW" Commission # PATRICIA DA'r:'»D�I:= Notary Pu61fe, £tc:,: d �;x:C.. Aly comm, QXPWs Au!;aM 28. 1993 No. AA 695578 APPROVED AS TO FORM AND LEGAL SUFFICIENCY ! B TERRENCE P, O'BRIEN ASST. COUNTY ATTORNEY EXHIBIT UGIT WATER PLANT SITE LEGAL DE:SCR IPTION COMMENCE AT THE CENTERLINE INTERSECTION OF SIRATTON AVENUE AND BRISTOL STREET, AS SHOWN ON 111E PLAT OF SEBASTIAN HIGHLANDS UNIT 17, RECORDED IN PLA! BOOK 8, PAGE 46 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AND RUN, ACCORDING TO THE SAID PLAT, S 00.2901° E ALONG THE CENTERLINE OF BRISTOL STREET 25.00 FEET TO A POINT. THEN RUN EAST 25.00 FEET TO THE EAST LINE OF BRISTOL _ STREET AND THE BEGINNING OF A 1014.13 -FOOT RADIUS CURVE CONCAVE TO THE NORTH. THEN RUN ALONG THE CURVE, THROUGH A CENTRAL ANGLE OF 05° 19 59-11 AN ARC DISTANCE OF 94.10 FEET TO A POIN1 OF BEGINNING. THEN RUN STILL ALONG THE SAID CURVE, THROUGH A CENIRAL ANGLE OF 07* 25* 55°, AN ARC DISTANCE OF 131.54 FEEI TO A POINT THEN RUN S 00' 29'01" E 169 FEET TO A POINT. TIIEN RUN WEST 130 FEET TO A POINT. THEN RUN N 00029'01"W 148.36 FEET TO THE POINT OF BEGINNING. CONTAING 0.47 ACRES, LYING IN INDIAN RIVER COUNTY, FLORIDA. PHOTOCOPIESOFDR.z,4 FLOW •� DEPARTMENT 0�= I� VENUE 111L ri HIS FORM NOT R "y= -" ACCEPTABLE RETURN FOR TRANSFERS OF INTEREST IN FLORIDA REAL PROPERTY nlyn„IAnt Boxes Fn If BY USING "ALIGNMENT BOXES" TYPED & LINE PRINTED DATA WILL FALL WITHIN ALL FIELDS ITI i IF TYPING THIS DOCUMENT. TYPE AN W IN THE THIS IS A MACHINE READABLEF FORM. IF HAND PRINTING g B C D E G - H I J K L M N O P Q R ALIGNMENT BOXES ABOVE, CARRIAGE RETURN AND THISDOCUMENT•PLEASEPRINTNUMBERSCAREFULLY IS I S TRANSACTION A OR CUTOUT ROMTRANSACTION? SPLIT ❑ / EI TYPE THROUGH THE HANDPRINT BOXES. WITHIN THE BOXES AS SHOWN AT RIGHT. S T U V W X Y O I 21314151617 18 1 9 PARCEL 1. NUMBER IDENTIFICATION O J 13H171TITID a O I IS THIS AMULTI-PARCEL ' /❑ IS I S TRANSACTION A OR CUTOUT ROMTRANSACTION? SPLIT ❑ / EI YES N ANOTHER�YES NO Last Name First Name M 1. GRANTOR1 R / E (Seller) PHONE NO. CORPORATE ) NAME GRANTEE a (Buyer) STREET P}}77 O ADDRESS O CITY/STATEZIP �' r1,1 ® CODE PHONE(®) CORPORATE NAME NO. !e DATE OF SALE SALE PRICE ?•ro 9 3 / $ PROPERTY LOCATED IN: ® COUNTY, FLORIDA Month Y,Mr ICOUNTY CODES ON REVERSE I Warranty Quit Claim Contract/A reement n X CouA,fi� ' TYPE OF DOCUMENT Deed ❑ Deed 11forDeed ❑ Other ❑ Y ' TO THE BEST OF YOUR KNOWLEDGE, WERE THERE UNUSUAL CIRCUMSTANCES OR CONDITIONS TO THE SALE. MARK (X) THOSE THAT APPLY: Title Defects Sale under Duress Related to Seller. Forced sale 6y Court Order tr Mineral Rights Foreclosure Sale of a Partial or Other Undivided Interest Institutional/ " Residential Commercial Industrial Agricultural Miscellaneous Government Vacant Lot Acreage ;�. PROPERTY- ; TYPE AT TIME ❑ ❑ ❑ ❑ ❑ © ❑ ❑ OF SALE? TO THE BEST OF YOUR KNOWLEDGE, IF "YES", PLEASE STATE THE I' I. WAS UNUSUAL PERSONAL —)I YES / NO AMOUNT ATTRIBUTABLE TO $ PROPERTY INCLUDED IN THE SALE? 7HE PERSONAL PROPERTY AMOUNT OF DOCUMENTARY STAMPS AFFIXED TO DOCUMENT? $ IM S� D ATPERTY THE TIME IF ITEM NUMBER R 201.02(6", IS DEED EXEMPT FROM DOCUMENTARY ❑ /❑ .STAMP TAX UNDER s201.02(6), FLORIDA STATUTES? YES NO YEr/[3 TO BE COMPLETED BY THE CLERK OF THE CIRCUIT COURT'S OFFICE CLERK'S DATE STAMP O.R. BOOK ► AND 4 FILE NUMBER AND DATE BOOK & PAGE NO., I PAGE NUMBER ► OR FILE NO. RECORDED i MpVh DAY Yea, GENERAL INFORMATION - THE FLORIDA DEPARTMENT OF REVENUE IS REQUIRED, BY LAW, TO PERIODICALLY REVIEW COUNTY ASSESSMENT ROLLS. AS A PART OF THIS REVIEW, THE DEPARTMENT COLLECTS DATA AND INFORMATION RELATING TO REAL ESTATE TRANSACTIONS FOR ESTIMATES OF MARKET VALUE. THE DATA PROVIDED WILL BE USED IN THE ROLL REVIEW PROCESS. AS A CONDITION OF RECORDATION OF ANY DEED TRANSFERRING AN INTEREST IN REAL PROPERTY, THIS RETURN MUST BE COMPLETED BY THE GRANTOR, GRANTEE OR GRANTEE'S AGENT , PURSUANT TO SECTION 201.022, FLORIDA STATUTES, AND ACCOMPANY EACH DOCUMENTTRANSFERRING AN INTEREST IN FLORIDA REAL PROPERTY WHEN PRESENTED TO THE CLERK OF THE CIRCUIT COURT FOR RECORDATION. TAX IS COMPUTED AT THE RATE OF 700 PER $100.00 CONSIDERATION ROUNDED UP TO THE NEAREST HUNDRED. THIS RETURN SHALL NOT BE RECORDED, OR OTHERWISE BECOME A PUBLIC RECORD, AND SHALL BE CONFIDENTIAL AS PROVIDED BY S. 193.074, FLORIDA STATUTES. PENALTY AND INTEREST THERE IS A PENALTY IMPOSED UNDER SECTION 201.17, FLORIDA STATUTES, EQUAL TO 25 PERCENT OF THE TAX NOT PAID. IN ADDITION TO THE PENALTY, INTEREST OF 1 PERCENT PER MONTH SHALL BE CHARGED BASED UPON THE AMOUNT OF TAX DUE FROM THE DATE OF RECORDATION UNTIL THE TAX IS PAID. GENERAL INSTRUCTIONS BY LINE NUMBER 1. PARCEL IDENTIFICATION NUMBER: This number is assigned to property by the county Property Appraiser. if unable to locate PARCEL ID numberon a Notice of Proposed Property Taxes or a Tax Bill, call the Property Appraiser's Office. The Department of Revenue does not have access to PARCEL ID Numbers. 2. MULTI -PARCEL TRANSACTION: Means there was more than one (1) parcel included in the transaction. Only one (1) PARCEL ID number is required for line 1. SPLIT OR CUT OUT FROM ANOTHER PARCEL: A transfer which conveys a portion of an existing parcel. New parcel will not have a PARCEL ID number. Use PARCEL ID number from existing parcel. 3.8 4. These lines are self explanatory. Please fill out completely all sections that apply. 5. DATE OF SALE: Date transaction took place SALE PRICE: To be computed below FOR USE BY TAXPAYER IN DETERMINING SALE PRICE 1. Cash or Doom Payment $ Q 2. New Or Existing Mortgages $ 0 3. Any Other Consideration $ 0 4. Total Consideration Paid or to Be Paid (Une 3 Front) $ 0 5. If taxable consldenuon Is $1 qo or less or' the coon is exemp4 phase expain grlefly. 01'�'I M, 2 Q ryn Qn,-lity -fn ct,rl�rNia ✓ aroy�ern 6. TYPE OF DOCUMENT: Ploase mark the box that applies to the type of dead or document used in transadion 7. UNUSUAL CIRCUMSTANCES OR CONDITIONS: Unusual means transactions that are not ordinary transactions. 8. PROPERTY TYPE AT TIME OF SALE: Ser Explanatory. If in doubt call county Property Appraiser. 9. UNUSUAL PERSONAL PROPERTY INCLUDED IN THE SALE: Any items other than appliances, floor coverings, window dressings which are normally sold wRh a residence, If actual value not known please estimate. 10. AMOUNT OF DOCUMENTARY STAMPS AFFIXED TO DOCUMENT: Documentary Stamp Tax computed at the rate of 70¢ Per $100.00 of sale price rounded up to the nearest hundred. Clerks office will affix stamps. 11. Exemption under S. 201.02(6) F.S. includes governmental entities, water Resources and is exempt from Federal 12. IMPROVED PROPERTY: Is propertythat includes items such as buildings, a well; septic tanks, paving, fences, pools eta COUNTY CODES TO BE USED IN QUESTION 5 ALACHUA 11 RAWLTON 34 OKALOOSA 56 BAKER 12 HARDEE 35 OKEECHOBEE 57 BAY 11 HENDRY 36 ORANGE 58 BRADFORD 14 HERNANDO 37 OSCEOLA 56 BREVARD 15 HIGHLANDS 38 - PALM BEACH 60 BROWARD 16 HILLSBOROUGH 36 PASCO tit CALHOUN 17 HOLMFS 40 PINELLAS 62 CHARLOTTE 1e INDIAN RIVER 41 POLK 63 CITRUS 18 JACKSON 42 PUTNAM 64 CLAY 20 JEFFERSON 43 ST.JOHNS 65 COLLIER 21 LAFAYETTE a ST. LUCIE 66 COLUMBIA 22 LAKE 45 SANTA ROSA 67 DADE 23 LIM 46 SARASOTA 68 DE SOTO 24 LEON 47 SEMINOLE 69 DIXIE 25 LEVY 48 SUMTER 70 DUVAL 4s LIBERTY 46 SUWANNEE 71 ESCAMBIA 27 MADISON-- 50 TAYLOR 72 R-AGLER 20 MANATEE 51 UNION 73 FRANKLIN 28 MARION 52 VOLUSUA 74 GADSDEN 30 MARTIN 63 WAKULLA 75 GILCHRIST 31 MONROE 54 WALTON 76 GLADES 32 NASSAU 65 WASHINGTON 77 GULF 33 "BE SURE DR -219 IS SIGNED. "DR -219 AND DEED TO BE RECORDED BY CLERK OF COURT. DO NOT SEND TO THE DEPARTMENT OF REVENUE. "SHOULD YOU HAVE ANY QUESTIONS PLEASE CALL THE DEPARTMENT OF REVENUE AT (904) 488-9479. 5 / 25 /93 (]ggal) VX / WMa BILL OF SALE OF UTILITY FACILITIES (when constructed within existing easement or road rights of way) KNOW ALL MEN BY THESE PRESENTS, that: INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1840 25th Street, Vero Beach, FL 32960, hereinafter called GRANTOR*, in consideration of value received, the receipt and sufficiency of which is hereby acknowledged, has and does hereby grant, bargain, sell, transfer, and deliver unto CITY OF SEBASTIAN, a municipal corporation of the State of Florida, whose address is City Hall, Sebastian, FL 32958, hereinafter called GRANTEE*, this e day of 3"u tv C , 1993, the following goods and chattels: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF which utility facilities are located in existing easements or road rights of way described generally as follows: EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF TO HAVE AND TO HOLD the same unto GRANTEE forever. IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seal the day and year first above written. Jeffrey K. Barton ClerkI G�W / A 7 STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY, FLORIDA Board of Co ty Commissioners By Richard N. Bird Chairman ; ulbi n n:va cn I woroved Legal Buogel I Fisk Mgr. I '� The foregoing instrument was sworn to and subscri ee -eTUre me this day of, 1993, by Richard N. Bird and Jeffrey K. Barton, Chairman aidti Clerk respectively of the INDIAN RIVER COUNTY, FLORIDA, Board of County Commissioners, a political subdivision of the State of Florida. They executed the above on behalf of same. They are personally known to me and did not take an oath. My Commission Expires: si�'1 L�""yr.�Ri QiY9.9 �C Notary P—u—blfb- printed name: PditZIC1R Uebo #67Z->Co'in"S'%TACIA BAHGO HELD Notary Public, State of Plolldw My comm. expires August 28,1993 No. AA 696578 Dale CAPT. HIR_AM__S LIFT STATION COSTS Contr-arl with Ted Myers S3n.403.3n Engineering to change plans (estimalc) 2,On0.n0 Florida Power & Light Co. Survey and Legal Descripti.on ?00.00 400 sq. ft. Of land deeded to 350.00 canntl used t.o locate 1,ift Statl.oh Ion Sel,astian fillet Flaring Property @ $15./sq. fl. _.x,000_00 S39,041.30 154. Srhar,t i:hrh 1n1et Fla r•iIla 059. ()yster Pointe/oyster- flay S 5,056.00 533,]05.00 F XHIBIT "Al? 7 M MASTELLrr,,' I oLr=n & RErw, INC. PROFESSIONAL LAND SURVEI ORS PO:1 Ol F10E DOR 761045 S(OASTiAN. FLORIDA 72676-1045 pc5p S69•4610 LEGAL DESCRIPTION OF A 20' 7. 2101 EASEMENT COMMENCING AT THE W.W. 'I':hA:R C4° LCIT 8, BLOCK, 2, INDIAN RIVEN: HIL.L.S £SUBDIVISION AS REC:OM)r..0 IN PLAT BOOK 4, PAUL `_:1 UI' ME PUBLIC. RECORDS OF INDIAN RIVER COUNTY. FLORII-A- 'IHE'Nf-:E RUN '*U1HEAB1ERLY ALONG THE EASTERLY F:I3117-GF.-WHY LINE: OF RIVERST[)E DRIVE 44.00 FEET TO THE KIWI- Of BEGINIATNu'; THENCT' CONTINUE ALONG S+AID'CASTUILY RIGHT-OF-WAY LINE ?0.00 FLET: THENCE RUN 14i-1RTIIEASTf_RLY AT A RIGFrr ANGLE TO SAID EASTERLY RICiHT-UF••WAY LINE A DISTANCE or; 20.00 FEF -7; THENCE RUN NUI:IHWESTERLY PARAI.LLL To ��AID• EASTERLY RIGHT-OF-WAY LINE C4• RIVER91DE DRIVE 20.00 FELT; THENCE SOUTHEASTERLY Al* A FIGHT ANGLE TO AFORESAID CALL 20. 00 FEE[ BACK 10 THE POINT OF ULUINNI NG. CONTAINING 100 jl';.t?,P'EE�>1487 OR LESS. ROE' REEL) - P. L . u. ;1",4916 LJ Ale t(_�1{i L)T IIr�II I 1 i d_� i == �.i m l FRESE, NASH & TORPY, P.A. OFFICE ACCOUNT CLERK OF THE COURT 06/28/93 SEBASTIAN-939659/Recording cost. DATE CONTROL NUMBER A -TOTALS ♦ 1- 06/28/93 171 • 26.20 Ded 26.20 0.00 Net 017013 26.20 26.20 FxEsE. NAsH & TOR -Py. P.A. ATTORNEYS AT LAW GARY B. FREBEt CHARLES IAN NASH* VINCENT G. TORPY. JR RICHARD E. TORPy GREGORY S. IIANSEN J. PATRICK ANDERSON LAURA L. ANDERSON CHARLES A. SCHILLINOER WILLiAm A. GRn®I OM COUNSEL May 3, 1993 VIA TELECOPIER 589-5770 AND SAND DELIVERY Richard B. Votapka, P.E. Utilities Director City of Sebastian 1225 Main Street Sebastian, Florida 32958 RE: Utility Department Matters Deed from Indian River County for the Park Place Water Treatment Plant Site Our File No: 93-9659 Dear Richard: 930 S. $ARBOR CITY BLVD. SUITE 505 MELBOURNE. FLORIDA 32901 (407) 984-3300 PAX(407)951.3741 }BO.WI CERT ,,IEU IN TAR .. *B0. CERT ZD IN E.rw PI ANNINU.. Pft."= Thank you for your letter of April 27, 1993, and the supporting documents you enclosed therewith. I fully concur with you that the deed received by the City from Indian River County should be revised so that the conditions subsequent is revised to comply with the Warranty Deed that had been executed by Nelson Hyatt in favor of Indian River County dated January 18, 1990. As you correctly identified, the property in question will revert from the City of Sebastian to Mr. Nelson Hyatt no later than July 11, 1999. Therefore, I am enclosing with this letter the original County deed dated April 6, 1993, which I received from you along with the Exhibit "A" that was attached to the County deed and Florida Department of Revenue form DR -219 signed on behalf of the County -by Lea R. Keller. I would recommend that you have Indian River County sign a new deed in favor of the City of Sebastian that appropriately describes the reverter reserved unto Mr. Hyatt as more specifically set forth in Mr. Hyatt's deed to Indian River County dated January 18, 1990. Only after the deed is revised by Indian River County and appropriately signed should the deed be recorded in the public records of Indian River County, Florida. Richard B. May 3, 1993 Page Two of Votapka, P.E. Two Pages As an aside, I would recommend that you verify the existence of the appropriate easements at the Park Place water treatment plant site for providing water to the subscribers of that system. CIN:bd Enclosures as stated Very truly yours, FRESE, /ASH & TORPY, P.A. Charles Ian Nash City Attorney cc: Robert S. McClary, City Manager w/out copies of enclosures City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 May 6, 1993 Mr. Charles I. Nash, Esquire FRESE, NASH, & TORPY, P.A. 930 S. Harbor City Blvd. Suite 505 Melbourne, F1. 32901 Re: April 6, 1993, County Deed Conveying the Park Place Wastewater Treatment Plant to the City of Sebastian Dear Charlie: I discussed your letter of May 3, 1993, and the above deed with City Manager Robb McClary today. Since the deed obviously does not comply with the January 18, 1990, Warranty Deed that had been executed by Nelson Hyatt in favor of Indian River County, we feel that you, as City Attorney, should legally advise the County Attorney to revise the deed. We are sure that the County Attorney would respect the opinion of another attorney more so than that of other professionals unskilled in the legal profession. Also, both of us request that you make an inquiry to the County Attorney as to the easements granting the City the right to service the water and sewer system in the privately owned Park Place development. I appreciate your bringing this to my attention after you reviewed the deed. Sincerely, Richard B. Votapka, P.E. 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NV 3dA1'1NWmooc SIHL ONWAlAl SO731d 77V NIH11M 77V9 771M V1V0 031NIFld 3NI7 9 03dA1,.S3X091N3WNE)17V„ ONISn A8 �o Saxo9 lw..Eptl A,LSIdOSd'IVIS VQISO'I1 NI ISISI.LNI 10 SSIISNVSL 501 NH113H 319V1d300V VITT 2111N IAH(l AO T 1. I Tv V RI V lilQO 1A "'Ie 10 03SIHl 913 -HO d0OS310OJ City of Sebastian POST OFFICE BOX 780127 0 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 0 FAX (407) 589-5570 April 27, 1993 Mr. Charles I. Nash, Esq. Nash, Frese, and Torpy Attorneys At Law 930 South Harbor City Blvd. Riverside Center, Suite 505 Melbourne, F1 32901 Re: Indian River County Deed for Park Place Water Treatment Plant Site, Sebastian, Florida Dear Charlie: Please review the enclosed deed with attached Exhibit "A". I checked with Lea Keller, Legal Secretary for the Indian River County Attorneys' Office, in regard to the following: 1) The typewritten phrase "after tenev ars or" which appears over the fifst line below "EXHIBIT "A" ATTACHED HERETO" etc; and 2) The sentence following the second paragraph which is obviously obliterated by the use of Liquid Paper. Lea said that the phrase "after ten years or" was inserted and the sentence" A copy of this agreement is attached to this deed as Exhibit "B" was deleted because it would save the City further expense from having to record all of the eight (8) documents in Exhibit "B". I am asking you to review the document to see if the continuity of the verbiage contained in Exhibit "B", "Section, 4 Right of First Refusal" is still maintained. It may be possible that without inclusion of Exhibit "B" the original intent of the deed may not have been preserved. Also, as a technicality, the deed was dated April 6, 1993, but notarized a day later on April 7, 1993. Does this difference in dates matter? Please advise me as to whether or not the deed can and should be recorded as it has been prepared by Indian River County. cc: Robert S. McClary Sincerely, Richard B. Votapka, P.E. Utilities Director April 12, 1993 OFFICE OF COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY 1840 25th Street, Vero Beach, Florida 32960 Telephone: (407) 567-8000, Ext. 424 Sancom: 224-1424 Richard Votapka, P.E. Utilities Director City of Sebastian Post Office Box 127 Sebastian, FL 32958-0127 Re: PARK PLACE WATER PLANT Dear Rich: CHARLES P. VITLINAC County Attorney WILLIAM O. COLLINS 11 Deputy County Attorney TERRENCE P.O-BRIEN Ant. County Attorney SHARON PHILLIPS BRENNAN Ant. County Attorney We are enclosing the County deed transferring the site of the Park Place Water Plant to the City of Sebastian. Please note that the County's interest in the property lasts for only ten years or until the property is no longer used in providing water service, and that after that period the site must be either returned to Nelson Hyatt or purchased under the terms of an agreement which I am enclosing with this letter. We wish you the best of luck in your new utility system and as usual are available for any help or advice that we can offer. Sincerely, �r. Charles P. Vitunac County Attorney CPV/lk Enclosures cc: Board of County Commissioners James E. Chandler, County Administrator Terrance G. Pinto, Utilities Director Parcel ID # Park Place Water Plant Site 3/26/eara�ea_oovnty.3)v�c C O U N T Y D E E D This Deed, made this (O day of , 1993, by and between That COUNTY, for and in consideration of the sum of $10.00 and other good and valuable consideration to it in hand paid by CITY, receipt whereof is hereby acknowledged has granted, bargained, and sold to CITY, its heirs and assigns forever, the following described land lying and being in Indian River County, Florida: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF ye This deed is subiect to the condition subsequent that7 f and ars or when the CITY no longer uses this property in providing utility services that the CITY must transfer title to Nelson Hyatt, pursuant to the terms of an agreement dated 7/11/89 between the COUNTY and Nelson Hyatt. IN WITNESS WHEREOF the COUNTY has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year aforesaid. (SEAL) Jeffrey UY INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By /cc�/ _/ Richard N. Bird, Chairman K`./3B rton, Clerk A STATE OF FLORIDA COUNTY OF INDIAN RIVER Indim Riva Cn ui Admin INDIAN RIVER COUNTY, FLORIDA, a political ;.. 0 c> subdivision of the State of Florida, 1840 25th I U. V.1— rn Street, Vero Beach, FL 32960, COUNTY, O 01 f1 0 4 J. and 'L a-, o` the CITY OF SEBASTIAN, FLORIDA, a municipal corporation existing under the laws of the State of Florida, the address of which is Post Office Box 127, Sebastian, FL 32978, CITY, 5 0 V Z W I T N E S S E T H: That COUNTY, for and in consideration of the sum of $10.00 and other good and valuable consideration to it in hand paid by CITY, receipt whereof is hereby acknowledged has granted, bargained, and sold to CITY, its heirs and assigns forever, the following described land lying and being in Indian River County, Florida: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF ye This deed is subiect to the condition subsequent that7 f and ars or when the CITY no longer uses this property in providing utility services that the CITY must transfer title to Nelson Hyatt, pursuant to the terms of an agreement dated 7/11/89 between the COUNTY and Nelson Hyatt. IN WITNESS WHEREOF the COUNTY has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year aforesaid. (SEAL) Jeffrey UY INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By /cc�/ _/ Richard N. Bird, Chairman K`./3B rton, Clerk A STATE OF FLORIDA COUNTY OF INDIAN RIVER Indim Riva Cn Approved Dale Admin Legal ;.. Budgel „_� y_ Depl. Risk Mgr. I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and county aforesaid to take akcnowledgments, personally appeared Richard N. Bird and Jeffrey K. Barton, as Chairman and Clerk of the Board of County Commissioners of Indian River County, Florida, named as grantor in the foregoing deed, and they severally acknowledged executing the same under the authority vested in them by said Board and that the seal affixed thereto is the true seal of said Board. They are personally known to me and did not take an oath. WITNESS my hand and official seal this day of 1993. sig Notary'Public printed name: P&YAIC-(R Commission #AA �5ss7� PATRICIA 'Aw Ndmy Public, a:::.. oI i 1;—' - My comm. oxplres .�;usl 28,1995 No. AA 695578 5 VOIHOl3 'A.I.Nno3 H3AIH N VIONI NI 9NIA-1 'S3H3V Lb 0 9NIVIN03 "9NINN 1930 30 1NIOd 3111 Ol 1333 B£'Bbl M„10 ,6Z .00 N NnH N3H1 1NIOd V 01 1333 0£1 1S3M NnH N3111 1NIOd V Ol 1333 691 3„I0,6Z.00 S NnH N3111 1 NIOd V Ql. 1333 t79K:1 30 30NVISIO 08V NV '„69,GZ .LO 30 319NV -IVH1 N33 V H9nOHH1 ' 3AHn3 aIVS 3111 9NOIV MIS NnH N3H1 '9NINN1930 30 I.NIOd V OI 1333 OI476 30 30NVIS10 38V NV '„69,61.50 3O 319NV IVHIN33 V IWOHHl '3AHn0 3111 9NOlV NMI N3111 *NINON 3H1 01 3AVONO3 3AHn3 SnIaVH 1003-£I'b10I V 30 9NINN1930 3111 ONV 1.33111.5 --IOISIHB 30 3NIl 1SV3 3FI1 OI 1333 00'9Z 1SV3 NnH N3111 '1NIOd V 01 1333 OO'SZ 133HIS lO1SI80 30 3NllH31N33 3H1 9NOIV 3 „10,62.00 S '1Vld OIVS 3111 01 9NIOH033V 'NnH ONV 'VOIHOl3 '),INn03 83AId NVIONI 30 SOH0338 01I8nd 3111 30 9b 39Vd 'B NOOB 1Vld NI a3aH003H 'LI ll Nn SONV-1119111 NVIISV03S 30 1Vld 3111 NO NMOHS SV '133H1S 101SIHO ONV 3nN3AV N011VHLS 30 N01133SH31NI 3NII831N30 3111 1V 30N31NIN0D NOIldl HOS)Aa lVD-1-1 3115 J.NVld HWMA V Fite' N,k'04. u"CO City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 DATE: June 17, 1993 TO: Marilyn Swichkow, Finance Director FROM: Rich Votapka, Utilities Director RE: Park Place Water Plant & Captain Hiram's Lift Station I received the following attached documents in today's mail which I am transmitting to you for the Finance Department's files: /sg 1) A copy of the revised County Deed for the Park Place Water Plant site dated June 7, 1993 2) Bill of Sale of Utility Facilities dated June 8, 1993 for Captain Hiram's Lift Station along with the legal description. OFFICE OF COUNTYATTORNEY BOARD OF COUNTY COMMISSIONERS oz INDIAN RIVER COUNTY z L 1840 25th Street, Vero Beach, Florida 32960 ��OR�OP Telephone: (407) 567-8000, Ext. 424 Suncom: 224-1424 June 16, 1993 Charles Ian Nash, Esq. 930 S. Harbor City Blvd. Suite 505 Melbourne, FL 32901 Re: PARK PLACE WATER PLANT Your File No. 93-9659 Utility Department Matters Dear Mr. Nash: CHARLES P. VITUNAC County Attorney WILLIAM O. COLLINS 11 Deputy County Attomay TERRENCE P. O'RRIEN M.I. Ccunty Attorney SHARON PHILLIPS SRENNAN AW. County Attomay Per your request in your letter of June 2, 1993, the County has executed a revised County Deed to the City of Sebastian; therefore, I am enclosing the original document for you. In connection with Captain Hiram's lift station, I am enclosing the original Bill of Sale of Utilities Facilities to the City of Sebastian, which was approved and executed by the Board of County Commissioners at its June 8, 1993, meeting. I hope this information will be of assistance to you. Sincerely, COUNTY ATTORNEY'S OFFICE Lea R. Keller, CLA Legal Assistant Enclosures cc: (with enclosures) Richard Votapka, P.E. Sebastian Utilities Director Harry Asher, Assistant Director IRC Utility Services Department Parcel ID # Park Place Water Plant Site C O U N T Y D E E D This Deed, made this _�— day of _� 1°R -I L 1993, by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, FL 32960, COUNTY, and the CITY OF SEBASTIAN, FLORIDA, a municipal corporation existing under the laws of the State of Florida, the address of which is post Office Box 127, Sebastian, FL 32978, CITY, W I T N E S S E T H t That COUNTY, for and in consideration of the sum of $10.00 and other good and valuable consideration to it in hand paid by CITY, receipt whereof is hereby acknowledged has granted, bargained, and sold to CITY, its heirs and assigns forever, the following described land lying and being in Indian River County, Florida: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF This deed it subject to whatever rights Nelson Hyatt may have in the property by virtue of a warranty deed, dated January 18, 1990, recorded in 0. R. Book 859, Page 1327, of the Public Records of Indian River County, Florida. IN WITNESS WHEREOF the COUNTY has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year aforesaid. (SEAL) INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Attest: By V�Richard N. Bird, Chairman Approved by BCC 4/6/93 Jeffrey R. Barton, Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER The kregoing instrument was acknowledged before me this day of 1993, by Richard N. Bird and Jeffrey X. Barton, a Chairman and Clerk of the Board of County Commissioners of Indian River County, Florida, a political subdivision of the State of Florida, on behalf of the said County. They are personally known to me and did not take an oath. sig , 14 — Notary F lic printed name: PAmIC14 0'4964 � Commission A PATRICI11 Notate Pub!!r, ` 3, WO.: MY COMM. expires r.c;,.t 2 No. AA 695576 APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY TERRENCE P. O'BRIEN ASST. COUNTY ATTORNEY HATER PLAMP SITE LEGAL DE'_CFtIPTION COMMENCE AT TIIE CENTERLINE INTERSECTION OF S111ATTON AVENUE AND BRISTOL STREET, AS SHOWN ON 111E PLAT OF SEBASTIAN HIGHLANDS UNIT 17, RECORDED IN PLAt BOOK R. PAGE 46 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AND RUN, ACCORDING TO THE SAID PLAT, S 00029'01" E ALONG THE CENTERLINE OF BRIStOL STREET' 25.00 FEET TO A POINT. TIIEN RUN EAST 25.00 FEET 70 TIIE EAST LINE OF BRISTOL - STREET AND TIIE BEGINNING OF A 1014.13 -FOOT RADIUS CURVE CONCAVE t0 THE NORTH. THEN RUN ALONG TIIE CURVE, TIIROUGH A CENTRAL ANGLE OF 05" 19' 59", AN ARC DISTANCE OF 94.10 FEET TO A POIN1 of BEGINNING. THEN RUN STILL ALONG TIIE SAID CURVE, TIIROUGII A CENIIIAI. ANGLE OF 07025'55". AN ARC DISTANCE OF 131.54 FEE1 IO A POINT. THEN RUN S 00' 29'01" E 169 FEET TO A POINT. THEN RUN WEST 130 FEET 10 A POINT. THEN RUN N 00° 2901"W 146.30 FEET TO THE POINT OF BEGINNING. CONTAING 0.47 ACRES, LYING IN INDIAN RIVER COUNTY, FLORIDA. Parcel ID A Park Place Water Plant Site C O U N T Y D E E D This Deed, made this day of 1993, by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, FL 32960, COUNTY, And the CITY OF SEBASTIAN, FLORIDA, a municipal corporation existing under the laws of the State of Florida, the address of which is Poet Office Box 127, Sebastian, FL 32978, CITY, W I T N E 8 8 E T H t That COUNTY, for and in consideration of the sum of $10.00 and other good and valuable consideration to it in hand paid by CITY, receipt whereof is hereby acknowledged has granted, bargained, and \ sold to CITY, its heirs and assigns forever, the following described land lying and being in Indian River County, Florida: EXHIBIT "All ATTACHED HERETO AND MADE A PART HEREOF This deed is subject to the condition subsequent hat if and when the CITY no longer uses this property in prov d ng CYC 9 utility services that the CITY must transfer title to Nelson Hyatt, pursuant to the terms of an_.5areement dated 7/11/89 �j v copy of attached to this dead as Exhibit "B. IN WITNESS WHEREOF the COUNTY has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year aforesaid. INDIAN RIVER COUNTY, FLORIDA (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: By Jeffrey X. Barton, Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER Richard N. Bird, Chairman b� Afri 1 G, 1993 MvIs 1;\' In dim Riva Ca Ap Pr Oved Dale Legal fiuAgcl U cpl. _ _� Risk Mgr. I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and county aforesaid to take akcnowledgments, personally appeared Richard N. Bird and Jeffrey X. Barton, as Chairman and Clerk of the Board of County Commissioners of Indian River County, Florida, named as grantor in the foregoing deed, and they severally acknowledged executing the same under the authority vested in them by said Board and that the Beal affixed thereto is the true Beal of said Board. They are personally known to me and did not take an oath. WITNESS my hand and official Beal this day of , 1993. sign Notary Public printed names Commission A r: E -- BETWEEN INDIAN RIVER COUNTY, FLORIDA, AND NELSON HYATT RE: COUNTY—TAKE-OVER—OF—UTILITY—SYSTEM THIS AGREEMENT, made this 11th day of 1989, between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, FL 32960 (COUNTY) and"RLWN_�YA "I(SELLER), whose address Is �atfty...PL' 12 s� 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 r�dsible: 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: FXHiPIT �, �, 1. tXHIBITS —TO—BE —PART —OF —TH— IS 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 thl's 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 "SYSTEM" shall be used to designate the assets, business properties, and rights which SELLER owns or In which it has a legal Interest, but not Including the "excluded assets," which are being purchased by COUNTY and which Include the following: (1) The Items of Inventory described In Exhibit "A." (2) The real estate owned by SELLER described in Exhibit "B" and ail buildings and Improvements owned by SELLER located thereon. SELLER shall transfer or cause to be transferred fee simple 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 rlglifs 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 dra%,ings , 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. 13. 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 m66r'aflon 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 s. 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. SORCHAI2GE ON RATES: CuuwrY shaI1 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: The closing shall take place on or before August I, 1989. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date first set forth above. Attest "�tjo 6llere Boar BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bygar� Weeer Ch man ---- (SEAL) In. rl il.. ,.r Lo Apl.f lived --naln 3o_sy. Iuar Uqr. VP�[ness Attachments: Exhibits °A,° "B,° °C,° and °D° RE: NELSON HYATT WATER AND SEWER UTILITIES EXHIBIT A 1. No inventory is included with the purchase. n e il�— LA•fC e De LOR-65 W 4 rE,2. f-- WItn/ >ALA N 7-n RECORD VEVIFIED JEFFREY Y., (''N''rct4 This instrument was prepared by! L CIGRK CIHs'tar t:;Cunt _ ! •�-e' so' s c {` ._ ;).. i=1_.4 S S the Law Offi,• of I LE: K l %• DOCUMENTARY STAMPS f t JEFFREY K. BARTON. CLERK FRED T. GP. o. Be.R :, 1 1900900 INDIAN RIVER COUNTY VERO elAtrt, FLORIDA ]]961.1900 Warranty deed (STATUTORY FORM—SECTION 689.01 F.S.) (0410 labruturr, Made this 18th day of January, 1990 , PTInPtn NELSON HYATT, a/k/a NELSON C. HYATT, of the County of Indian River , State of Florida grantor', and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose post office address is 1840 25th Street, Vero Beach, Florida 32960, of the County of Indian River , State of Florida , grantee`, 1111neBBrI4. That said grantor, for and in tormideration of the sum of ---------------------------- Ten and no/100---------------------------Dollars, and other good and valuable considerations to said grantor in hand paid by sold grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, she following described land, situate, lying and being In County, Florida, to -wit: Those two parcels of land as particularly described in Exhibit A attached hereto. Subject to easements, restrictions and reservations of record and taxes and assessments subsequent to December 31, 1989. This Deed is being given by Grantor to Grantee pursuant to that certain Agreement by and between the parties hereto dated July 11, 1989, pertain- ing to the County takeover of the utility system, and is further being given_ upon the specific condition contained in Paragraph 4 entitled "Right' of First Refusal", wherein the Grantee obligated itself to recon- vey said property described in Exhibit A hereto at such time as said property is no longer being used by Grantee in its utility operation or at the end of ten (10) years from the date of said Agreement, which- ever first occurs. If after the expiration of said ten-year period, the Grantee still requires the use of said property, Grantee shall, at that time, pay to Grantor the fair market value for said property. and said grantor does hereby fully warrant the title to said land, and will defend the some against the lawful claims of all persons whomsoever. *"Grantor" and "Orohtee" are used for singular or plural, as conlexh requires. •' 7Jt1 mehrtrnf, Grantor has hereunto set gra ye hand and seal the day and year first above written. Signe paled and delivered in our presence: (/� ) f' 1' / (Seal) Nelso C. Ilyat (Seal) f (Spall STATE OF FLORIDA r )ns Attorney COUNTY OF INDIAN RIVER County I HEREBY CERTIFY that on this day before me, an officer duly qualified to joke acknowledgments, personally appeared NELSON HYATT, a/k/a NELSON C. HYATT, to me known to bA the person described in and who executed the foregoing instrument and acknowledged before me that he executed the some. WITNESS my hand and official seal in the County and SI ast_oforesaic This 18th day of January, 1990, ,L y` My commission expires: Notary public NOTARY FORLIC. STATE OF FLORIDA, '/ ^ h1Y Ca;d t.I15SION EY,PIRES: DEC. Id. 1992. n• , n.n,,.o .mtn,:r pV nL9 a"n[n\vR,re RR. - , .Is.-� --rCC•"IiY A,. 11,10 ztf;ll Vero Beach, Florida 3276.0 W 1-0 Z_ W O CU co Cil t.D c-] f WATER PLANT SITE LEGAL DE_'SC_RIPTION 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, FLORIDA, AND RUN, ACCORDING TO T14E SAID PLAT, S 00029'01" E ALONG THE CENTERLINE OF BRISTOL STREET 25.00 FEET TO A POINT, THEN RUN EAST 25.00 FEET 70 THE EAST LINE OF BRISTOL - STREET AND THE BEGINNING OF A 1014.13 -FOOT RADIUS CURVE CONCAVE TO THE NORTH. THEN RUN ALONG THE CURVE, THROUGH A CENTRAL ANGLE OF 05019'59", AN ARC DISTANCE OF 94.10 FEET TO A POINT OF BEGINNING. THEN RUN STILL ALONG THE SAID CURVE, THROUGH A CENTRAL ANGLE OF 07' 25' 55", AN ARC DISTANCE OF 131.54 FEE1 TO A POINT. THEN RUN S 000 29'01" E 169 .FEET TO A POINT. THEN RUN WEST 130 FEET TO A POINT. THEN RUN N 00029'01"W 148.38 FEET TO THE POINT OF BEGINNING. CONTAING 0.47 ACRES, LYING IN INDIAN RIVER COUNTY, FLORIDA. .WASTE WATER PLANT SITE LEGAL DESCRIPTION ExIIlBlT A 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 26° 00' 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 THEN RUN ROAD. S 890 14' 27" W A DISTANCE OF 390.07 FEET TO THE AFORE- MENTIONED 40 - ACRE LINE. N 0045'33"W ALONG THE SAID 40 -ACRE LINE A DISTANCE OF THEN RUN 599.43 FEET TO THE POINT OF BEGINNING. . CONTAINING 3.419 ACRES AND LYING IN INDIAN RIVER COUNTY, FLORIDA. ExIIlBlT A OFFICE OF COUNTYATTORNEY BOARD OF COUNTY COMMISSIONERS ° z INDIAN RIVER COUNTY 1840 25th Street, Vero Beach, Florida 32960 F<OR10P Telephone: (407) 567-8000, Ext. 424 Suncom: 224-1424 April 12, 1993 Richard Votapka, P.E. Utilities Director City of Sebastian Post Office Box 127 Sebastian, FL 32958-0127 Re: PARK PLACE WATER PLANT Dear Rich: CHARLES P. VITUNAC County Attorney WILLIAM O. COLLINS II Deputy County Attorney TERRENCE P. O'RRIEN Amt. County AXorn y SHARON PHILLIPS BRENNAN AW. Count' Attomay l�-N. We are enclosing the County deed transferring the site of the Park Place Water Plant to the City of Sebastian. Please note that the County's interest in the property lasts for only ten years or until the property is no longer used in providing water service, and that after that period the site must be either returned to Nelson Hyatt or purchased under the terms of an agreement which I am enclosing with this letter. We wish you the best of luck in your new utility system and as usual are available for any help or advice that we can offer. Sincerely, Charles P. Vitunac County Attorney CPV/lk Enclosures cc: Board of County Commissioners James E. Chandler, County Administrator Terrance G. Pinto, Utilities Director 3/26/93(d«od_oo.aray_ l) VR Parcel ID # J,/ Park Place Water Plant Site la, Y C O U N T D E E D This Deed, made this (O day of 1993, by and between i! INDIAN RIVER COUNTY, FLORIDA, a political (.)�� subdivision of the state of Florida, 1840 25t i> m Street, Vero Beach, FL 32960, COUNTY, O n I y) ( and r..,., -F, the CITY OF SEBASTIAN, FLORIDA, a municipal l > corporation existing under the laws of the State of G- (" _,. o Florida, the address of which is Poet Office Box 127, Sebastian, FL 32978, CITY, U W I T N E 8 8 E T H >; U That COUNTY, for and in consideration of the sum of $10.00 and other good and valuable consideration to it in hand paid by CITY, receipt whereof is hereby acknowledged has granted, bargained, and sold to CITY, its heirs and assigns forever, the following described land lying and being in Indian River County, Florida: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF aeirf tendars or This deed is subject to the condition eubseguent thnt/ when the CITY no longer uses this property in providing utility services that the CITY must transfer title to Nelson Hyatt, pursuant to the terms of an agreement dated 7/11/89 between the COUNTY and Nelson Hyatt. IN WITNESS WHEREOF the COUNTY has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year aforesaid. INDIAN RIVER COUNTY, FLORIDA (SEAL) BOARD OFF COUNTY /COOMM�MISS�IO•NERSS Attaat.By \ 1��� { � Richard N. Bird, Chairman L j ..J}� Jeffrey K. B,}Xton, Clerk - 1�.,1� STATE OF FLORIDA COUNTY OF INDIAN RIVER Indian Pine Cn ApPr Cued Lair, Admin. i L^g,l 31T— A-Jdg�1 faisk Mgr. I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and county aforesaid to take akcnowledgments, personally appeared Richard N. Bird and Jeffrey K. Barton, as Chairman and Clerk of the Board of County Commissioners of Indian River County, Florida, named as grantor in the foregoing deed, and they severally acknowledged executing the same under the authority vested in them by said Board and that the seal affixed thereto is the true seal of said Board. They are personally known to me and did not take an oath. - WITNESS my hand and official seal this 'Z& day of 1993. e ie�nl-aCG�(li o r7N e=� Notary, ublic printed name: Commission PATRICIA C:6 Notary PubIL My Comm .oxpires;: ,Is128,1993 No. AA 695578 EXHIE31T rtTAIT NATER PLANT SITE _LEGAL DE � .?Kli IPiION COMMENCE AT THE CENTERLINE INTERSECTION OF SINATTON AVENUE AND BRISTOL STREET, AS SIIOWN ON 111E PLAT OF SEBASTIAN IIIGIILANDS UNIT 17, RECORDED IN PI -Ar BOOK 8, PAGE 46 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AND RUN, ACCORDING TO THE SAID PLAT, S 0002901° E ALONG TIIE CENTERLINE OF DRISIOL SIREET 25.00 FEET TO A POINT. THEN RUN EAST 25.00 FEET TO TIIE EAST LINE OF BRISTOL _ SIPEEr AND TIIE BEGINNING OF A 1014.13 -FOOT RADIUS CURVE CONCAVE TO TIIE NORTH. TIIEN RUN ALONG THE CURVE, TIIROUGII A CENTRAL ANGLE Of - 05019'59"0 f -05'19'59", AN ARC DISTANCE OF 94.10 FEET TO A POINT OF BEGINNING. THEN RUN STILL ALONG TIIE SAID CURVE, TIIROUGN A CENIIIAL ANGLE OF 07° 25' 55", AN ARC DISTANCE OF 131.54 FEE 1 'IU A POIN T TIIEN RUN S 00029'01"E 169 FEET TO A POINT. TIIEN RUN WEST 130 FEET 10 A POINT, TIIEN RUN N 00029'01"W 140.38 FEET 70 TIIE POINT OF BEGINNING. CONIAING 0.47 ACRES, LYING IN INDIAN RIVER COUNTY, FLORIDA. THISPHOTOCOPIESN T DR 929 FLORIDA DEPARTMENT OF REVENUE THIS FORM NOT R'�z ACCEPTABLE RETURN FOR TRANSFERS OF INTEREST IN FLORIDA REAL PROPERTY Al In E BY USING "ALIGNMENT RnXRR"TYPED R I INF CC/AITCrI nwrw um . rw. • . IF TYPING THIS DOCUMENT. TYPE AN "%" IN THE ALIGNMENT BOXES ABOVE, CARRIAGE RETURN THIS IS A MACHINE READABLE FORM. IF HAND PRINTING TNIS DOCUMENT, PLEASE PRINT NUMBERS CAREFULLY 1 g B C D E F G H I J K L M N O P O R AND TYPE THROUGH THE HANDPRINTBO%ES. WITHIN THE BOXES AS SHOWN AT RIGHT.► $ T LI V W X Y O 12 3 4 S &1118 9 PARCEL 1• IDENTIFICATION NUMBER 2. IS THIS A MULTI -PARCEL TRANSACTION? —� IS THIS TRANSACTION A ANPLIT OR CUTOUT F ROM ®/❑ YES NO —a O HER PARCEL? YES NO Last Name First Name 61.1. GRANTOR 3. (Seller) 0 PHONE NO.OCORPORATE z 152 NAME GRANTEEZ asl em 'r0 FE ,r.I rlanin (Buyer) STREET - w WNW Millis see ADDRESS 4. CITY/STATE E 7 4-n"111 coCE PHONECORPORATE 1 NAME NO ` DATE OF SALE SALE PRICE PROPERTY LOCATED IN: ® COUNTY, FLORIDA (COUNTY CODES ON REVERSE( 5. TYPE OF DOCUMENT Warranty Deed Ouit Claim ® Contract /Agreement11Other Deed for Deed 11 TO THE BEST OF YOUR KNOWLEDGE, WERE THERE UNUSUAL CIRCUMSTANCES OR CONDITIONS TO THE SALE. MARK (X) THOSE THAT APPLY: 7. Title Defects Sale under Duress Related to SellerForced sale by Court Order H Mineral Rights Foreclosure Sale of a Partial or Other H Undivided Interest Residential PROPERTY Commercial Industrial Agricultural Insflfutfonall Miscellaneous Government Vacnnf Lpl —� Acre..+ge ;• TYPE AT TIME ❑ AT OF SA 0 ❑ TO THE BEST OF YOUR KNOWLEDGE, WAS UNUSUAL PERSONAL -- 0 YES ^ IF •'YES", PLEASE STATE THE PROPERTY INCLUDED IN THE SALE? 1 1 III.....�....AAA IIL4 NO AMOUNT ATTRIBUTABLE TO -� THE PERSONAL PROPERTY Q AMOUNT OF DOCUMENTARY STAMPS AFFIXED TO DOCUMENT? $ ®� . IF ITEM NUMBER 10 is "ZERO", IS DEED EXEMPT FROM DOCUMENTARY STAMP TAX UNDER s201.02(6), FLORIDA STATUTES? []/[]NO 1 WAS THE PROPERTY OF SALE? AT THE TIME ❑/O YES YES ` NO I HEREBY CERTIFY THAT THIS RETURN HAS BEEN EXAMINED BY ME AND TO THE BEST OF MY KNOWLEDGE AND BELIEF IS A TRUE AND COMPLETE RETURN. . I O 13E COMPLETED BY THE CLERK OF THE CIRCUIT COURT'S OFFICE CLERICS DATE STAMP' O.R. BOOK ► AND 4 FILE NUMBER AND[Eip] PAGE NUMBER ► [R+F4 TE BOOK8 PAGE NO., R FILE NO. RECORDED