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HomeMy WebLinkAboutBOCC Joint Meeting Packet 05-15-2009 ~Q~~ P ~F9~ CITY OF FORT PIERCE r r ..~~~~,,,,.T ~ ' " ~ JOINT MEETING WITH ST. LUC1E COUNTY -r~ ~ • • Fort Pierce Commission Chambers ~ 100 North U.S. Highway 1 ~s Fort Pierce, FL 34950 UN(;{$~ Friday, May 15, 2009 -1:00 p.m. to 3:00 p.m. AGENDA t. Call to Order -Mayor Robert J. Benton, Fort Pierce City Commission; Paula A. Lewis, Chairman, Board of County Commissioners II, Interlocal Agreement between the City of Fort Pierce and St. Lucie -City Manager County -Annexation of the Treasure Coast Education, Research and Development Authority properties. III. Update of Property Exchange Agreement {former Chamber building -City Attorney property and Jetty Park). IV. Questions and comments V. Adjournment ANY PERSON SEEKING TO APPEAL ANY DECISION BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING IS ADVISED THAT A RECORD OF PROCEEDINGS IS REQUIRED IN ANY SUCH APPEAL AND THAT SUCH PERSON MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE INCLUDING THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Item No. II COUNTY ® PAULA A. LEWIS COMMISSIONERS COMMISSIONER May 11, 2009 Honorable Robert J. Benton, III Mayor City of Fort Pierce Commission P. O. Box 1480 Fort Pierce, FL 34954-1480 RE: Annexations -Treasure Coast Research and Education Park Dear Mayor Benton: We understand that on May 4, 2009, the Fort Pierce City Commission voted to continue the proposed annexations involving the Treasure Coast Research & Education Park. We appreciate the Commissions action and respectfully request that on May 18 the Commission also defer action on the proposed annexations. The County received the City's latest draft agreement on May 7 and discussed the draft at the Board's May 8 informal meeting. Frankly, the draft is not consistent with the County's understanding of the discussions between the County and the City at the March 30, 2009 joint meeting at the Fort Pierce Community Center. As the draft inconsistency may be a communications misunderstanding, the Board would like to meet with the City Commission both before and after the May 18 meeting in an effort to achieve resolution. One of the additional issues that the County wishes to discuss is the willingness of the City to participate in funding the development of the Research Park as a full financial partner with the County. The County's primary desire is to work with the City on these important issues. We believe a cooperative approach to doing so is in the best interest of both parties rather than a mediated process. If you have any questions, please let me know. Sincerely, Pau a A. Lewis Chair PAL/caf Copy to: Board of County Commissioners County Administrator County Attorney CHRIS DZADOVSKY. District No. 1 DOUG COWARD, District No. 2 PAULA A. LEWIS, District No, a • CHARLES GRANDE, District No. 4 CHRIS CRAFT, District No. 5 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 • (772) 462-1406 www.stlucleco.org Item No. II Joint Planning and lnterlocai Service Boundary Agreement - St Lucie County ~ City of Fort Pierce Based on Updated Agreement Received from the Gty 4/272009 Issue County Cpy Term Pro sed 20 Years None s cified Map of Joint Planning Area (JPA) Map attached - no correlation with Maps attached - no correlation with City maps County map Research Park Annexation No annexation by the City City to annex east of Tumpike with no County objection. City may annex west of Tumpike with no County objection when area urbanizes or contiguity is needed Research Park Permits County to issue development permits City to issue all development review and building permits -the County may comment om developmemt review Annexations within the JPA but The County is willing to discuss as Addresses only the Research Park and outside the Research Park part of negotiations on a broader the parcels identified for annexation in lnterlocal service boundary City Ordinances L-53 through LSO. agreement whether the property that is inside the FPUA retail service area may be annexed without contiguity. Plan to Negotiate an Agreement on Parties agree to enter into County must withdraw its initiating Properties (e.g. Airport, Landfill, Jail, negotiations within 3 months and resolution etc.) as set out in the County's agree to finalize an additional initiating resolution interlocal service agreement within 12 months Design Charrette City and County to coordinate County to fund - City ~ County to participate to create an overlay for the Research Park to implement the TCERDA Master Plan. Overlay to be placed in City Code Other Issues not addressed fn respective proposals 3peciai Planning Area Study County proposes a study of the area Area outside of Research Park not around the Research Park addressed Transportation Concurrency County proposes creating a TCMA for Not addressed Management Area Kings Fiwy adjacent to the Research Park Green Building Standards County proposes that Green Building Not addressed standards apply within the Research Park Ad valorem Tax Abatement Offers qualified applicants economic City will match CountyiState program incentives including ad valorem tax for TCERDA inceirtives TCERDA Board Membership Not addressed City proposes having 2 City residents as TCERDA Board members Item No. II N ~ S ~ R~ S~ ~ ~ o ~ ~ OFFICE OF THE CITY ATTORNEY TEL. (772} 460-2200 CITY HALL, 100 NORTH U.S. 1 FAX (772} 466-5492 P.O. BOX 1480 www.cftyoffortpisrce.com FORT PIERCE, FLORIDA 34954-1480 May 7, 2009 VIA FACSIMILE (772) 462-1440 AND REGULAR MAIL MAY 8 zoos c~ry~~p p~~R~fi ~ ~ • ~I S ~~FjCE Daniel S. McIntyre, Esq. . St. Lucie County Attorr?ey 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Re: Interlocal Agreement -Treasure Coast Research Park Annexations Dear Dan: I am providing to you the enclosed redraft of the Interlocal Agreement for the Treasure Coast Research Park Annexations. It contains certain drafting changes resulting from the City Commission's comments at their regular meeting of May 4, 2009. Both ablack-lined and clean copy are provided. Please note that this current version of the Agreement is being forwarded to you for discussion and comment by the County Commission with the express understanding that the City Commission as of this date has not formally approved it. Daniel S, McIntyre, Esq. ~ Page 2 May 7, 2009 I Please let me know if you have any further questions concerning the above. Ver my yo Robert chwere ,Esq. City Attorney /mlp Enclosure ec: Fort Pierce Mayor and Commissioners David L. Recor, City Manager ~ David Carlin, Asst. Director, Planning ~ 1 i T:1Curreni File FotderslLE'['1'ERS\RVS~Mctnryre, Dan TCERDA interbcal OS-07-09.doc INTERLOCAL AGREEMENT BETWEEN ST. LUCIE COUNTY AND THE CITY OF FORT PIERCE ON THE DEVELOPMENT OF TREASURE COAST RESEARCH PARK This Interlocal Agreement is made and entered into as of the day of 2009, by and between the City of Fort Pierce, a municipal corporation organized and existing under the laws of the State of Florida (henceforth "City") and St. Lucie County, a political subdivision of the State of Florida ("County"). WITNESSETH WHEREAS, the City possesses Municipal Home Rule Powers pursuant to Article VIII, Section 2(b), Florida Constitution and Section 16b.021, Florida States; and WHEREAS,'the County possesses powers as aNon-Charter County pursuant to Article VIII, Section 1(f), Florida Constitution and Section 125.01 Florida Statutes; and WHEREAS, the Florida Interlocal Cooperation Act of 1969, Section 163.01, Florida States, permits local governments to cooperate within one another on matters of mutual interest and advantage and provides for interlocal agreements between local governments on matters that influence and affect local communities; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes, requires that cities and counties include intergovernmental coordination in their respective planning efforts; and WHEREAS, the State Comprehensive Plan requires local governments to protect the substantial investment in existing public facilities and to plan for and f Hance new facilities in a timely, orderly, and efficient manner; and I i WHEREAS, St. Lucie County has created the Treasure Coast Research and Development Authority ("TCERDA"), under the authority of Fla. Ch. 159, Part V, for the ~ i purposes of development, operation, management, and financing of a research and development park, known as the Treasure Coast Research Park (:TCERDA") as indicated on Exhibit "A" attached; and WHEREAS, the City and County have agreed that the location of the TCERDA land and potential annexation lands as indicated on Exhibit "A" attached, represents a logical expansion of the City of Fort Pierce; and WHEREAS, this hnterlocal Agreement is entered into for the purpose of establishing certain agreements, policies and understandings which will facilitate the development of TCERDA Park and in so doing promote the mutual health, safety and ~ ~ general welfare of the people of the City and County, while further establishing intergovernmental relations that encourage, promote and improve the coordination, overall effectiveness and efficiency of governmental activities and services within the TCERDA Park; and WHEREAS, the elected officials of the City and County have met and negotiated in good faith to resolve issues relating to development and planning as such development and planning concerns TCERDA Park, and wish to memorialize their understanding in this agreement; and WHEREAS, the City of Fort Pierce and St. Lucie County find this agreement to be necessary, proper and convenient to the exercise of their powers, duties and purposes authorized bylaw. I 2 T:1Current File Folders\{nterlocal Agreements\TCERDA black tined OS-07-09.doc NOW, THEREFORE, in consideration of the recitals, agreements and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficient of which are hereby acknowledged by the parties, the parties agree as follows: SECTION 1. Recitals and Authority. The forgoing recitals are true and correct and by this reference are hereby incorporated as a material part of this Agreement. This ~ I Agreement is entered into pursuant to the provisions of Florida Law, including but not II limited to Cha ters 125, 163, 166 and 171, Florida Statutes, and the Florida Constitution. { p SECTION 2. ~anexation of Lands. The TCERDA properties which are the subject of this Interlocal Agreement are described and depicted on Exhibit "A", as attached hereto and incorporated by reference herein, representing the area to be governed under this Agreement. For its part, the County, its member agencies and ~ ~ dependent special districts shall not object to any annexation as herein authorized. It is jointly agreed that TCERDA properties east of the turnpike may be annexed by the City voluntarily without objection of the County, with or without formal annexation agreements. TCERDA properties west of the turnpike may likewise be annexed by the i City without objection from the County and with the County's agreement thereto, but such annexation of properties west of the turnpike may take place only when said properties become urbanized or developed, or are needed by the City to effect contiguity with properties outside the boundaries of what is otherwise covered by this agreement. Additionally the County agrees to waive any requirement of contiguity on all annexations by the City within the FPUA Retail Water and Wastewater Service Area l identified and depicted in Exhibit "C" attached hereto and incorporated by reference 1 herein. 3 T:\Curcent File Folders\]nteriocal AgrcemenlslTCERDAbhck lined OS-07-09.doc i i i r SECTION 3. Adoption of Land Development Regulations. The City and County will, contemporaneous with annexation of one or more the properties described in Exhibit "A", commence the process to jointly draft land development regulations so as to implement the TCERDA Conceptual Development Master Plan, a copy of which is attached hereto, a~-te-er~eate including creation of a new overlay zoning district to be incorporated in Chapter 22 of the City's Code of Ordinances, with all such joint drafting, and adoption by the City, to be consistent with the public health, safety and general welfare and in a manner comporting with requirements of general law. SECTION 4. Ad Valorem Tax Abatement Program. Both the City and County agree to provide any lands located within the TCERDA Park subject to approvals as needed, tax abatements as authorized in Section 196.1995, Florida Statutes. In all events, the City agrees subject to applicable law to provide tax abatements or deferrals to the TCERDA Park equal to and identical with those provided by the County, both as to amount and duration. SECTION 5. Development Plan Review, Permitting, and Intergovernmental Review and Coordination Upon annexation of one or more of those properties described above by Exhibit "A", said property or properties shall, upon their annexation, ~1 I be subject to the City's requirements as set forth in its Code of Ordinances, for development, plan review, permitting and inspections, including that certain overlay zone referred to heretofore and to be adopted hereafter, which overlay zone shall implement I I the TCERDA Conceptual Development Master Plan. But otherwise the County and City shall jointly cooperate in the process of development, application review and permit approval, as follows: 4 T:1Current Pik Fotdersllnterlocai A~recmonts\TCERDA black lined OS-07-09.doc i a. Charrette, The City agrees to participate in aCounty-funded charrette process involving planning or development relating to the TCERDA properties described in Exhibit "A" as aforementioned. Said f Charrette process shall include discussion relating to or leading up to I adoption of a new overlay district to be incorporated in Chapter 22 of the City's Code of Ordinances. Said Charrette shall be held within a 12 month period immediately following adoption of this Agreement. b. Building Permits. The City and County agree that the City Building Department shall provide building services and will serve as the agency responsible for. reviewing and issuing permits in accordance with the requirements of Chapter S of the City's Code of Ordinances. c. Coordination of Land Development Applications and Development Standards. Subject to application of the City's Land Development Regulations, upon annexation of the property or properties ~ described in Exhibits "A" "aforesaid, the City will give the County Planning Director or designee written notice of the following matter, ~ relating to such properties: (i) Comprehensive Plan Amendments (ii) Rezonings (iii) Special Exceptions (iv) Conceptual Development Plans (v) Site Plans S T:\Currcnt File FoidersUnterlocal Agreements\TCERDA black tined OS-07-09.doc The City shall immediately transmit to the County copies of any and all applications relating to the aforesaid matters, including all support and backup material to the County. County development and planning staff employees may participate in the City's administrative staff'review of any such application. The County will review such application and promptly make a finding, and transmit a recommendation to the City, as to the application's compliance with the TCERDA Conceptual Development Master Plan. Such finding and recommendation shall be incorporated or suitably referred to in the City's staff report on said application. Review ~ and consideration of the application shall be conducted as expeditiously as possible while remaining in compliance with procedural requirements of ~ 1 Chapter 22 of the City's Code of Ordinances. The City Commission shall I consider all such findings and recommendations of the County. In the event there is disagreement between the County and City over whether the City's adoption of any land development regulation is consistent with the TCERDA Conceptual Development Master Plan any such chspute shall be ~ subjected to the provisions and requirements of the Florida Governmental Conflict Resolution Act, Fla. Ch. 164, upon timely request, age an j i application of said Act shall be a prerequisite for invocation by an i a riev gg ed party of alternate means of relief. d. TCERDA Board Membership. The County agrees that the i City may nominate two (2) City residents €er--merehersl~ who_~ pointed by the County on the TCERDA board. 6 T:\Current File Foldersllnterloca! AgrecmentslTCERDA bEack Iined OS-07-09.doc I SECTION 6. Withdrawal of Resolution. The recitals and agreements provided for herein are an adequate substitute for whatever relief, if any, is otherwise available to either of the parties pursuant to Fla. Ch. 171, Part II, entitled the "Interlocal Service Boundary Agreement A~et", and the County accordingly withdraws County Resolution No. 08-3 82. SECTION 7. Notice to Parties. All notices, consents, approvals, waivers, or i elections that either party hereto requests or gives under this Agreement will be in writing and shall be given only by hand-delivery for which a receipt is obtained, or certified mail, prepaid with confirmation of delivery requested. Notices will be delivered or mailed to the addresses set forth below or as either party may otherwise designate in writing. If to the County: St. Lucie County Attn: County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 St. Lucie County Attn: County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 If to the City: City of Fort Pierce Attn: City Manager 100 North U.S. Highway 1 Post Office Box 1480 Fort Pierce, FL 34954 City of Fort Pierce ~ j Attn: City Attorney 100 North U.S. Highway 1 Post Office Box 1480 Fort Pierce, FL 34954 Notices, consents, approvals, waivers and elections will be deemed given when received by the party for whom intended. 7 T:\Current File FoldersVnterlocal Agroenxnta\TCERDA black lined OS-07-09.doc SECTION 8, ischar e. This Agreement is solely for the benefit of the City and the County, and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party. Nothing in this Agreement, whether expressed or implied, is intended or shall be construed to confer upon or give any person, corporation or governmental entity other than the parties any right, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof, and all of the provisions, representation, covenants and conditions herein contained shall inure to the sole benefit of and shall be binding upon the parties and their respective representatives, successors I and assigns. SECTION 9. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior oral or written agreements between the parties with respect thereto. SECTION 10. Counterr~arts. This Agreement may be executed in several counterparts, each of which shall be considered an original. SECTION 11. Recordine of Agreement. Upon execution of this Agreement, the City sha21, at the City's expense, cause this Agreement to be recorded with the Clerk of the Circuit Court of St. Lucie County, Florida. SECTION 12. Effective Date. This Agreement shall be effective upon filing with the Clerk of the Circuit Court of St. Lucie County, Florida, in accordance with Section 163.01{ll). 8 I T:\Current Fiic Foldersllnteriocal Agreements\TCERDA black Lined 05.07.09.doc I i IN WITNESS WHEREOF, the County and the City have caused this Agreement to be executed by their duly authorized representatives. ATTEST: ST LUCIE COUNTY, FLORIDA BY: Joseph E. Smith Paula Lewis, Chairman for the Clerk of Court Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: Daniel S. McIntyre, Esq. ~ County Attorney STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument is acknowledged before me this day of 2009 by Paula Lewis, as Chairman of the Board of County Commissioners for St. Lucie County, Florida. She is personally known to me and did not ~ take an oath. i Notary Public-State of Florida [Notary Seal] Print Name: My commission expires: 3 i i 9 TaCurrent File Folders\Interlocal AY,reementslTCERDA black tined OS-07-09.doc ATTEST: CITY OF FORT PIERCE, FLORIDA BY: Cassandra Steele Robert J. Benton, III, Mayor City Clerk APPROVED AS TO FORM AND CORRECTNESS: Robert V. Schwerer, Esq. City Attorney STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument is acknowledged before me this day of 2049 by Robert J. Benton, III, as Mayor of the City of Fort Pierce, Florida. He is personally known to me and did not take an oath. Notary Public-State of Florida [Notary SeaIJ Print Name: My commission expires: 10 T,1Current Fife FoldersUnlertocal AgreementslTCERDA black lined OS-07-09.doc INTERLOCAL AGREEMENT f BETWEEN ST. LUCIE COUNTY AND THE CITY OF FORT PIERCE ON THE DEVELOPMENT OF TREASURE COAST RESEARCH PARK This Interlocal Agreement is made and entered into as ~ of the day of 2009, by and between the City of Fort Pierce, a municipal corporation organized and existing under the laws of the State of Florida (henceforth "City") and St. Lucie County, a political subdivision of the State of Florida ("County"). WITNESSETH WHEREAS, the City possesses Municipal Home Rule Powers pursuant to Article VIII, Section 2(b), Florida Constitution and Section 166.021, Florida States; and WHEREAS, the County possesses powers as aNon-Charter County pursuant to Article VIII, Section 1(fj, Florida Constitution and Section 125.01 Florida Statutes; and WHEREAS, the Florida Interlocal Cooperation Act of 1969, Section 163.01, Florida States, permits local governments to cooperate within one another on matters of mutual interest and advantage and provides for interlocal agreements between local governments on matters that influence and affect local communities; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes, requires that cities and counties include intergovernmental coordination in their respective planning efforts; and WHEREAS, the State Comprehensive Plan requires local governments to protect the substantial investment in existing public facilities and to plan for and finance new facilities in a timely, orderly, and efficient manner; and I WHEREAS, St. Lucie County has created the Treasure Coast Research and Development Authority ("TCERDA"), under the authority of Fla. Ch. 159, Part V, for the purposes of development, operation, management, and fnancing of a research and development park, known as the Treasure Coast Research Park (:TCERDA") as~indicated on Exhibit "A" attached; and WHEREAS, the City and County have agreed that the location of the TCERDA land and potential annexation lands as indicated on Exhibit "A" attached, represents a logical expansion of the City of Fort Pierce; and WHEREAS, this Interlocal Agreement is entered into for the u j p rpose of i f establishing certain agreements, policies and understandings which will facilitate the development of TCERDA Park and in so doing promote the mutual health, safety and general welfare of the people of the City and County, while further establishing intergovernmental relations that encourage, promote and improve the coordination, overall effectiveness and efficiency of governmental activities and services within the TCERDA Park; and WHEREAS, the etected officials of the City and County have met and negotiated in good faith to resolve issues relating to development and planning as such development and planning concerns TCERDA Park, and wish to memorialize their understanding in this agreement; and WHEREAS, the City of Fort Pierce and St. Lucie County find this agreement to be necessary, proper and convenient to the exercise of their powers, duties and purposes ~ i authorized by law. 'L 2 T:1Curcent File Foldersl)nterrocar AgrecmentslTCERDA cleat OS-07-09.doc ( ti ``f I NOW, THEREFORE, in consideration of the recitals, agreements and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficient of which are hereby acknowledged by the parties, the parties agree as follows: SECTION 1: Recitals and Authority. The forgoing recitals are true and correct and by this reference are hereby incorporated as a material part of this Agreement. This Agreement is entered into pursuant to the provisions of Florida Law, including but not limited to Chapters 125, 163, 166 and 171, Florida Statutes, and the Florida Constitution. SECTION 2. Annexation of Lands. The TCERDA properties which are the subject of this Interlocal Agreement are described and depicted on Exhibit "A", as attached hereto and incorporated by reference herein, representing the area to be governed under this Agreement. For its part, the County, its member agencies and - dependent special districts shall not object to any annexation as herein authorized. It is jointly agreed that TCERDA properties east of the turnpike may be annexed by the City voluntarily without objection of the County, with or without formal annexation agreements. TCERDA properties west of the turnpike may likewise be annexed by the City without objection from the County and with the County's agreement thereto, but such annexation of properties west of the turnpike may take place only when said properties become urbanized or developed, or are needed by the City to effect contiguity with properties outside the boundaries of what is otherwise covered by this agreement. ii I Additionally, the County agrees to waive any requirement of contiguity on all annexations by the City within the FPUA Retail Water and Wastewater Service Area identified and depicted in Exhibit "C", attached hereto and incorporated by reference herein. 3 T:1Curteni File Folders)lntcdocal AgreemcntslTCERDA clean OS-07-09.doc SECTIOtY 3. Adontlon of Land Devetonment Regulations. The City and County will, contemporaneous with annexation of one or more the properties described in Exhibit "A", commence the process to jointly draft land development regulations so as to implement the TCERDA Conceptual Development Master Plan, a copy of which is attached hereto, including creation of a new overlay zoning district to be incorporated in Chapter 22 of the City's Code of Ordinances, with all such joint drafting, and adoption by the City, to be consistent with the public health, safety and general welfare and in a manner comporting with requirements of general law. SECTION 4. Ad Valorem Tax Abatement Pro ram. Both the City and County agree to provide any lands located within the TCERDA Park subject to approvals as needed, tax abatements as authorized in Section 196.1995, Florida Statutes. Tn all events, the City agrees subject to applicable law to provide tax abatements or deferrals to the TCERDA Park equal to and identical with those provided by the County, both as to amount and duration. SECTION 5. Devetonment Plan Review. Permitting, and Intergovernmental Review and Coordination . Upon annexation of one or more of those properties described above by Exhibit "A", said property or properties shall, upon their annexation, be subject to the City's requirements as set forth in its Code of Ordinances, for development, plan review, permitting and inspections, including that certain overlay zone referred to heretofore and to be adopted hereafter, which overlay zone shall implement the TCERDA Conceptual Development Master Plan. But otherwise .the County and City shall jointly cooperate in the process of development, application review and permit approval, as follows: 4 i T:1Current Pile FoSderslUrieAocni AgretmtntslTCERDA clean OS-07.09.doc a. Charrette. The City agrees to participate in aCounty-funded chalrette process involving planning or development relating to the TCERDA pxoperties described in Exhibit "A" as aforementioned. Said Charrette process shall include discussion relating to or leading up to adoption of a new overlay district to be incorporated in Chapter 22 of the City's Code of Ordinances. Said Charrette shall be held within a 12 month period immediately following adoption of this Agreement. b. Buitdin Permits. The City and County agree that the City Building Department shall provide building services and will serve as the agency responsible for reviewing and issuing permits in accordance with the requirements of Chapter 5 of the City's Code of Ordinances. c. Coordination of Land Development App?ications and Development Standards. Subject to application of the City's Land Development Regulations, upon annexation of the property or properties described in Exhibit "A" aforesaid, the City will give the County Planning Director or designee written notice of the following matter, relating to such properties: (i) Comprehensive Plan Amendments I (ii) Rezonings (iii) Special Exceptions II (iv) Conceptual Development Plans I! (v) Site Plans I E 5 T:1Currcnt File FoldersUnterloeal AgreementslTCERDA clemi OS-0?-09,doc i { The City shalt immediately transmit to the County copies of any and all applications relating to the aforesaid matters, including all support and backup material to the County, County development and planning staff employees may participate in the City's administrative staff review of any such application. The County will review such application and promptly make a finding, and transmit a recommendation to the City, as to the application's compliance with the TCERDA Conceptual Development Master Plan. Such finding and recommendation shall be incorporated or suitably referred to in the City's staff report on said application. Review and consideration of the application shall be conducted as expeditiously as possible while remaining in compliance with procedural requirements of Chapter 22 of the City's Code of Ordinances. The City Commission shall consider ail such findings and recommendations of the County. In the event there is disagreement between the County and City over whether the ~ City's adoption of any land development regulation is consistent with the TCERDA Conceptual Development Master Plan, any such dispute shall be subjected to the provisions and requirements of the Florida Governmental Conflict Resolution Act, Fla. Ch. 164, upon timely request, and an application of said Act shall be a prerequisite fox invocation by an aggrieved party of alternate means of relief. d. TCERDA Board Membership. The County agrees that the City may nominate two (2) City residents who shall be appointed by the County on the TCERDA board. b r 'C:1Current File Foldenltnterlocal Agreementsl"rCERDAclxcn OS-07-09.doc SECTION 6. Withdrawal of Resolution. The recitals and agreements provided for herein are an adequate substitute for whatever relief, if any, is otherwise available to either of the parties pursuant to Fla. Ch. 171, Part II, entitled the "interlocal Service Boundary Agreement Act", and the County accordingly withdraws County Resolution No. 08-382. SECTION 7. Notice to Parties. All notices, consents, approvals, waivers, or elections that either party hereto requests or gives under this Agreement will be in writing and shall be given only by hand-delivery for which a receipt is obtained, or certified mail, I prepaid with confirmation of delivery requested. Notices will be delivered or mailed to the addresses set forth below or as either party may otherwise designate in writing. If to the County: St. Lucie County Attn: County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 St. Lucie County Attn: County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 If to the City: City of Fort Pierce Attn: City Manager 100 North U.S. Highway 1 Post Office Box 1480 Fort Pierce, FL 34954 City of Fort Pierce Attn: City Attorney 100 North U.S. Highway 1 Post Office Box 1480 Fort Pierce, FL 34954 Notices, consents, approvals, waivers and elections will be deemed given when received by the party for whom intended. 7 T:1Currcnt File FoidersUnteriocel AgrewnentslTCERDA clean OS-07-09.doc i SECTION 8. Discharge. This Agreement is solely for the benefit of the City i and the County, and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party. Nothing in this Agreement, whether expressed or implied, is intended or shall be construed to confer upon or give any person, corporation or governmental entity other than the parties any right, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof, and all of the provisions, representation, covenants and conditions herein contained shall inure to the sole benefit of and shall be binding upon the parties and their respective representatives, successors and assigns. SECTION 9. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior oral or written agreements between the parties with respect thereto. SECTION 10. Counterparts. This Agreement may be executed in several counterparts, each of which shall be considered an original. SECTION 11. Recording of Agreement. Upon execution of this Agreement, the City shall, at the City's expense, cause this Agreement to be recorded with the Clerk of the Circuit Court of St. Lucie County, Florida. SECTION 12. Effective Date. This Agreement shall be effective upon filing II with the Clerk of the Circuit Court of St. Lucie County, Florida, in accordance with Section 163.01(11). I I 8 T:\Current File Folders\[ntedoca! Agreements\TCERDA clean OS-07-09.doc ~ IN WITNESS WHEREOF, the County and the City have caused this Agreement to be executed by their duly authorized representatives. ATTEST: ST LUCIE COUNTY, FLORIDA BY: Joseph E. Smith Paula Lewis, Chairman for the Clerk of Court Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: Daniel S. McIntyre, Esq. County Attorney STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument is acknowledged before me this day of 2009 by Paula Lewis, as Chairman of the Board of County Commissioners for St. Lucie County, Florida She is personally known to me and did not take an oath. Notary Public-State of Florida [Notary Seal] Print Name: My commission expires: I 9 T:1Current Filc Foldersllnferlocal AgreemcntslTCERDA clean OS-07-09,doc ATTEST; CITY OF FORT PIERCE, FLORIDA ~ BY: Cassandra Steete Robert J. Benton, III, Mayor City Clerk APPROVED AS TO FORM AND CORRECTNESS: Robert V. Schwerer, Esq. City Attorney STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrtunent is acknowledged before me this day of 2009 by Robert J. Benton, III, as Mayor of the City of Fort Pierce, Florida. He is personally known to me and did not take an oath. Notary Public-State of Florida [Notary Seal] Print Name: My commission expires: Ii f i 10 T:\Current File Foldersllntedocai AgreemenlslTCERDA clean OS-07-09,dce I Item No. 111. QOARD OF ~ ~ ~ COUNTY COUNTY o ADMINISTRATOR --«--~»~----~---w» FAME W. OUTLAW, MPA COMMISSIONERS May 11, 2009 Mr. David Recor City Manager City of Fort Pierce PO Box 1480 Fort Pierce, FL 34954 Dear Mr. cor. I would like to provide a status report on the exchange of properties as discussed at our March 18 joint staff meeting and confirmed in .the follow up documentation dated March 20, 2009. Exchange of County-owned Jetty Park proaerty and City-owned former Chamber of Commerce Buildinq and corner lot at Virginia Avenue and 23 St. The City Attomey submitted a draft exchange agreement on April 7. County comments were submitted to the City Attomey on April 17 and May 1, 2009. YMCA Buildinq and Lots St. Lucie County transferred this property to the YMCA in 19fi3. The deed contained a reverter clause which would return the property and improvements to the County should the property be used for any purpose other than nonprofit recreational purposes. The City of Fort Pierce expressed an interest in obtaining this property as it appeared it was no longer in use by the YMCA. The County has no objection to this transfer. The County Attorney contacted Mr. Lass of the YMCA who verbally confirmed the property continues to be used for recreational purposes.. Written confrmation of this was to be provided by the YMCA but, to date, it has not been received. On April 23, I provided you with Mr. Lass's contact infomlation in case the City would like to discuss this further with the YMCA. Maravilla Park Per our March 18 meeting, transfer of this park during this fiscal year was a priority for the City. The County Parks and Recreation staff has reviewed both the personnel and operating budgets for this park to determine if funds are available to be transferred to CHR15 DZADOVSKY, District No. 1 • DOUG COWARD, Disrricr No. 2 • PAULA A. LEWIS, Diuricr No. 3 CHARLES GRANDE, Dimlcr No. 4 • CHRIS CRAFT, Dtsrriu No. 5 Courxy Administrora - Foye W. OuHow, MPA 2300 Virginio Avenue • Fort Pierce, FL 34982-5652 Phone (772) 462-1450 TDD (772} 462-1428 FAX (772) 462-1648 • emotl: outlawf~stlucieco.org wPh sirP~ www.stlucieco.oro the City at the time the property is conveyed. Regarding personnel, parks staff that maintain this park also maintain numerous other County parks. As you know, the County is operating at a 30% reduction in force. Therefore, the transfer of this park to the City wiH not allow a further reduction in Parks staff. The FY 08/09 operating budget for this park is $18,333: The County can transfer apro-rata share of this budget at the time the property is conveyed to the City. Please let me know if the City would like to move forward with the transfer of Maravilla Park. DreamiandlMLK Park City staff'suggested that transfer of this park be considered in FY 09/10. As a status report, the County received two grants for improvements to this park. These grants will fund approximately 20% of the improvements to be made which total $840,000. To date, the following improvements have been completed: • Installation of a new playground Resurfacing of the basketball court Construction of two baseball fields (no lights) Improvements to be completed by May 2010, include: Construction of an interactive water feature. Please note that the County will be utilizing adrain-away system which will allow the wafer to be re-used for irrigation of common areas. The water will not requin: treatment. • Installation of an Art in Public Places feature Construction of a soccer field Installation of site furnishings such as benches and trash receptables Proposed additional improvements to be completed by May 2010, if approved by the BOCC as a local economic stimulus project, include: Construction of restrooms Site improvements including signage, landscaping & irrigation An evaluation of the personnel and operating budgets for this park indicate that transfer of this park to the City, along with Maravilla Park, may allow the County to provide the . City with funding. Because of the grant funding, the transfer of the park would require the City to commit to use this property for public recn:ation for 25 years following completion by the County of the grant-funded improvements. If this information is acceptable, the County would be happy to plan a transfer of this park to the City upon completion of the improvements, on or about June 2010. Black Pearl Boat Ramp The County Attorney provided a draft agreement to the City Attorney on March 27, 2009 to clarify #hat this boat ramp on City property wilt continue to be leased and maintained by the County. To date, a response has not been received. As an alternative, the City may choose to retain responsibility for main#enance of the restrooms, ramp and other improvements. Please note the tots that are utilized for overflow parking for the boat ramp are owned by the County. Please iet us know how the City wishes to proceed with, this agreement. Other Couniy Parks Per our March 18 meeting, the County and City wi11 discuss the possible transfer of Elks, Horatio Grisby and ilous Ellis parks in the future. There is no immediate or near- term desire on the part of the City to acquire these parks. In addition, the City has indicated no interest in acquiring the Lincoln Park Community Center (which is not on County-awned property). Per the discussion, should the County retain funding from the transfer of parks to the City, we would be willing to look a# using these funds for additional programming a# this center. 1 hope this status report has been helpful. Please provide direction regarding the transfer of Maravilla and MLK/Dreamland parks as we11 as the agreement for the County to maintain the Black Pearl Boat ramp. We look forward to tinalizing the exchange agreemen# for Jetty Park and the former Chamber of Commerce building artd comer lot. Please let me know if you need additional information or if 1 have missed or misstated anything. Sincerely, c.~L ee Ann Lowety Assistant County Administrator os-oos C: Board of County Commissioners Faye W. Outlaw, MPA, County Administrator Dan Mdntyre, County Attorney Debbie Brisson, Parks and Recreation Director Item No. III. QOARD O F - ~ ~ ~ ~ , R COUNT' COUNTY • ATTORNE' COMMISSIONERS ~ Daniel S. Mcint~ Heother Young ASSISTANT COUNTY ATTORN Katherine Mackenzie-Smith ASSISTANT COUNTY ATTORN Meother Sperrazza Lueke ASSISTANT COUNIY ATTORN May 1, 2009 Robert V. ~ Esquire Fort Pierce City Attorney City Hall P. O. Box 1480 Fort Pierce, Florida 34954 RE: Exchange Agreement -Jetty Pnrk/Lawnwood Park Parcels Dear Rob: As a follow up to my April 17, 2009 fetter to you, I am forwarding comments on the draft Exchange Agreement received from the County's Erosion District Manager as follows: 1. Page 4, Sub-section 4: Although the language is somewhat broad, I might suggest broadening it even more: The County retaining an easement for access to and on the property described in PART A allowing the County to use the property for beach and inlet - activities such as beach n du a restoration and inlet and spur jetty maintenance projects. 2. Page 4, Sub-section 5: I strongly recommend deleting the very last part of the sentence:...consisteni with part practices, The County's beach nourishment projects' do require staging areas for the contractor to store heavy equipment, pipeline etc. Should the Corps go out to bid and identify St. Lucie Court as a beach access and staging area on the plans and then the Ciiy deems thnt area nvt available, that could have a significant impact on the project construction schedule and costs. 3'. There is one item which I previously forgot to mention, Bnck in late 2002, the County permitted and constructed some short-term emergency shoreline stabilization structures on the South Jetty Park property. These shore parallel structures consist of sand-filled geo-tubes and are presently buried in the beach dune immediately east of the boardwalk and Seaway Drive. The State may require us to remove these existing structures CHRIS OZADOVSKY, Dutticr No. t • DOUG COWARD, Distticr No. 2 • PAULA A, LEWIS, Dlstrtcr No. ~ CHARLES GRANDE, Disrrkr No. 4 • CHRIS CRAFT. District No. 5 County Adminlstrotor -Foxe W. Ourlow, MPA 2300 Virg(nia Avenue • Ft. Pierce, FL 34982-5652 • Phone (772) 462-1441 FAX (772) 462-1440 • TDD' (772) 462-1428 at some point in the future, We need to continue to have the ability to dea! with the structures as needed in the future. 4. Following along with item No. 3 above, it would probably be beneficial if the County could stage material and equipment east of the present access drive across South Jetty Park. For example, there is still plenty of beach area immediately east of the boardwalk and Seaway Drive for staging. ~5, I am still waiting far a response from the Corps regarding this possible land swap and the potential impacts it may have on future beach nourishment projects. If you have any questions, please let me know. . Sine ly, ((~L_ . Daniel 5. McIntyre County Attorney DSM/caf Enclosure Cvpy to: Assistant County Administrator Public Works Director Parks & Recreation Director Property Acquisition Manager County Surveyor • Item No. III. BOARD OF ~ I ~ - COUNTY ~ . COUNTY COMMISSIONERS ~ ATTORNEY Daniel S. McIntyre Heather Young ASSISTAM COUNTY ATTORNEY Katherine Mackenzie-Smith ASSISTANT COUNTY ATTORNEY Heather Sperrazza Lueke ASSISTANT COUNTY ATTORNEY April 17, 2009 Robert V. Schwerer, Esquire Fort Pierce City Attorney City HaH P. O. Box 1480 Fort Pierce, Florida 34954 RE: Exchange Agreement Dear Rob: Enclosed is a memorandum f tom the County Surveyor commenting on the proposed legs! descriptions in the draft Agreement, Based on the memorandum, it appears that some of the descriptions may need to be modified. Sin ly, ('--i Daniel 5. McIntyre County Attorney DSM/caf Enclosure Copy to: Assistant County Administrator Parks do Recreation Director Property Acquisition Manager County Surveyor F. Fee, III,. Esq. CHRIS DZADOVSKY, Distrlcr No. 1 • DOUG COWARD, Diurlcr No. 2 PAULO A. LEWIS, Dlsrricr No. J • CHARLES GRANDE, DiNrkt No. 4 • CHRIS CAAfT, District No. 5 County Adminisrrotor - faye W. Outlow, MPA 2300 Virginia Avenue • Ft. Pierce, FL 34982-5652 • Phone (772) 462-1441 FAX (772) 462-1440 • TDD (772) 462-1428 Daniel Mcin re ' From: Ron Harris Sent: Thursday, Aprit 18, 2009 9:05 AM To: Daniel Mctntyre Cc: Don West; Richard Bouchard; JoAnn Riley Subject: Exchange Agreement (Jetty Park/Chamber of Commerce Parcel) Attachments: Review Sketch and Lega! Description PROPERTY EXCHANGE.doc Please see attached comments. Ronald Harris, P.L.S. County Surveyor (772) 462-1721 Please Nole: Fiadda has very broad public records laws. Most wrihen communications to or from County officials regarding County business are publk records available to the public and media upon request It is the policy of St. Lucie Courrty it><at ap County records shall be o for or copying, Your c~-mail communications wilt be subject to publk disclosure unless an exam on a ~ ~~On~ i~p~~~ a~~~on arxi I please notify tho sender by repty a-mail and delete ail materials from all core ~ hies to the commrmicaiion. If you received this email in error, paters. 1 Review Sketch and Legal Description Property Exchange South.Jetty Parcel and Old Chamber Site April 15, 2009 I have reviewed the submitted documents and offer the following comments; Legal Description for South Jetty Park 1. The legal description indicated within the "Agreement" is in accord with the original Quitclaim Deed recorded in Deed Book 205 at page 525. There is one item that should be addressed. The 1 ~ and 8`~ lines down within the first paragraph; the word "range" should be capitalized. Legal Description for the parcel comprising the Chamber of Commerce Parcel 1. The legal description indicated within the "Agreement" does not match the legal description recited within the Quitclaim Deed recorded in Orb 3044 at page 983. The word "addition" should be capitalized. Legal Description for the parcel located at the Northeast corner of South 23`~ Street and Virginia Avenue. 1. The legal description within the "Agreement" does not match the legal description recited within the Quitclaim Deed recorded in Orb 393 at page 1543. It is noted that the legal description incorporated within Title Commitment No. 09-1029, issued by Treasure Coast Abstract and Tide Co, correctly recites the language within the Quitclaim Deed. The legal description within the "Agreement" should be revised to agree with the recorded instrument. Ron Harris, PLS St. Lucie County Surveyor ` Item No. III. 30ARD OF ~ ~ ~ ~ ~ COU ~OUNTY • NTY COMMISSIONERS ~ ATTORNEY Daniel S. Mctrityre Heather Young ASSISTANT COUNTY,ATTORNEY Katherine Mockerule-Smith ASSISTANT COUNTY ATTORNEY Heather Sperrozza Lueke ASSISTANT COUNTY ATTORNEY April 13, 2009 Robert V. Q Esquire _ Fort Pierce City Attorney City Hall P. O. Box 1480 Fort Pierce, Florida 34954 RE: Exchange Agreement -Jetty ParklChamber of Commerce Building Dear Rob: Thank you for your letter of April 7. I have forwarded a copy of the proposed Exchange Agreement to County staff for review and comment. I have the following comments; 1. In Paragraph 3 "Title Evidence," you may want to consider changing the first two sentences as follows: "Within 10 days of the effective date, as hereinafter defined, each party shall cause a thirty (30) year title search and o commitment far title insurance to. be issued for the property they wire to own and provide the other with copies of the s Each party shall have until the expiration of the feasibility Determination Period to examine the search and commitment delivered to them and to notify the other party in writing specifying any objections which would render title unmarketable in accordance with current Uniform Tit/e Standards adopted by the Florida Bar (hereinafter "Title Defect")." It appears that the City has ordered title work on the Jetty Park parcel from Treasure Coast Title. The County, therefore, ordered title work on the Chamber of Commerce parcels.. I am enclosing copies of Chicago Title Insurance Company Commitment Numbers 09-1028 and 09-1029 for your review, 2. In Paragraph 7(b), please revise the paragraph to reflect that the County will convey title by County Deed in accordance with the farm set out in Section 125.411, Florida Statutes. CFERIS DZADOVSKY, Dfurkx No. 1 DOUG COWARD, DtsrcfCr No. 2 PAULA A. LEWIS, Disrckr No. 3 • CftARLES GRANDE, OWrkr No. 4 • CHRIS CRAFT, DWrkr No. 5 County Admfnisrcoror : Faye W. Outlaw, MPA 2300 Virginia Avenue Fr. Pierce, FL 34982-5652 • Phone (772) 462-1441 3. In Paragraph 7{g), do we need to reference the "Interlocal Service Boundary Act" in this Agreement? 4. In Paragraph 7(i), please add "MPA" after Ms. Outlaw's name. Please let me know when the Agreement is in final form so I can agenda the Agreement for permission to advertise pursuant to Section 125.37, Florida Statutes. Sin. eiy, . Daniel 5. McIntyre County Attorney DSM/caf Enclosures Copy io: County Administrator . Public Works Director Parks & Recreation Director Erosion District Manager Property Acquisition Manager County Surveyor Chicago Title Insurance Company COMMITMENT FORM Schedule A Commitment No.: Effective Date: Agent's File Reference: 09-1029 March 16, 2009 Q 11:00 PM 09-1029 1 • Policy or Policies to be issued: Proposed Amount of Insurance: OWNER'S: ALTA Owner`s Policy (10/17/92). (If other, specify.) $To Be Determined . Proposed Insured: St. Lucie County MORTGAGEE: ALTA Loan Policy (10/I7/92). (If other, specify.) $ Proposed Insured: 2. The estate or interest in the land described or referred to in this cotnmittnent is a Fee Simple and title thereto is at the effective date hereof vested in: City of Fort Pierce, a municipal corporation 3. The land referred to in this cortnnitment is described as follows: The South 25 feet of the West 250 feet of Block 135 and all that part of the West 250 feet of Block 158, lying North of the North right of way line of Virginia Avenue, all in LAWNWOOD ADDITION, according to the Plat thereof xecorded in Plat Book 2, page 16, of the Pubfic Records of St. Lucie County, Florida, together with all adjacent fon~r street and alley rights-of--way.. Agent No.: Issuing Agent: Treasure Coast Abstract & Title Insurance Co. 500 Virginia Avenue Spite 200 ~ Fort Pierce, FL 34982 Agent's Signature Frank I3 Fee, IlI President Form GSCH, d (rev. 1/98) Page 1 ot3 DoubleTime® 5.0.3 Chicago Title Insurance Company COMMITMENT FORM Schedule B-I • Commitment No.: Agent`s File Reference: 09-1029 09-1029 I. The following are the requirements to be complied with: 1. Payment of the full consideration to,•or for the account of, the grantors or mortgagors. 2. Instruments creating the estate or interest to be insured which must be executed, delivered and filed for record: A. Wazranty Deed from City of Fort Pierce, a municipal corporation, to St. Lucie County ,apolitical subdivision of the State of Florida. 3. Resolution by the City of Fort Pierce authorizing the sale and conveyance and confinnmg the authority of the person(s) who will be signing the deed. ' 4. Resolution by the Board of County Commissioners authorizing the purchase of said lands. 5. Provide an Affidavit certifying 1) that there are no liens against the insured land other than as disclosed by this commitment; 2) that there are no outstanding or pending claims against the aftant(s) that may constitute the basis for a lien against the insured land; 3) flint other than as disclosed by this commitment there are no matters which would constitute defects in affiant(s)' title to the insured land; 4} that there are no matters existing at this date which would advetsely affect the ability of the ~afEant(s) to mortgage or convey the insured land; and 5) that affiant(s) is a citizen/corporation of the United States of America. 6. NOTE: 2008 Property Taxes under Tax ID#2416-504-0772-00012 were assessed in. the gross amount of $210.60 and are PAID. Form C-SCH. B-I Page Z of 3 (rev. S/94) DoubieTime®5.0.3 Chicago Title Insurance Company col~rltirrr~rENr~o~r Schedule B-II Commitment No.: Agent's File Reference: 09-1029 ~ 09-1029 II. Schedule B of the policy or policies to he issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of The Underwriter: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent w the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this commitment. 2. Any owner and mortgagee policies issued pursuant hereto will contain under Schedule B the standard exceptions set forth at the inside cover hereof unless an affidavit of possession and a satisfactory cLUrent survey aze submitted, an inspection of the premises is made, it is determined the current year's taxes or special assessments have been paid, and it is determined there is nothing of record which would give rise to construction liens which could take priority over the interest(s) insured hereunder (where the liens would otherwise take priority, submission of waivers is necessary), 3. Any owner policy issued pursuant hereto-will contain under Schedule B the following exception: Any adverse otivnershap claim by the State of Florida by right of smereignty to arty portion of the lands insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands. 4. The Lien of all. taxes for the year 2009 and thereafter, which are not yet due and payable. 5. Title to or any interest in personal property is neither guaranteed nor insured hereby. 6. Any lien provided by County Ordinance or by Ch. 159, F.S., is favor of any city, town, village or port authority, for unpaid service charges for services by any water systems, sewer systems or gas systems serving the Iand described herein; and any lien for waste fees in favor of any county or municipality. 7. Matters as shown on the plat of Lawnwood Addition, recorded in Plat Book 2, page 16, of the Public Records of St. Lucie County, Florida. 8 • Any easements that may lie in the abandoned street and alley rights of way recorded in OR Book 112, page 27 and OR Book 112, page 28, of the Public Records of St. Lucie County, Florida. . 9. Easement(s) granted to Fort Pierce Utilities Authority, recorded in OR Book 273, page 861 and OR Book 590, page 2618, of the Public Records of St. Lucie County, Florida. 10. In accordance with Florida Statutes Section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints by contacting Chicago Title Insiuance Company, South Florida Business Center, 2701 Gateway Drive, Pompano Beach, Florida, 33069. Telephone Number is (954) 97I-2200, Fax. Number is (954) 971-4111. Form GSCH. B-17 Page 3 oC3 (rev. S/94) DoubleTlme® 5.0.3 Chicago Title Insurance Company 104 SE 6th Street, Stuart, FL 34994 (772)221=3853 Fax (772)221-3843 OWNERSHIP AND ENCUMBRANCE REPORT DATE: April 1, 2009 AGENT ORDER/FILE NO: 0910291430900146 TO: Nancye Dailey Treasure Coast ~kbstract & Title insurance Company 500 Virginia Avenue, Suite 200 Ft. Pierce, FL 34942-5910 RE: Ownership and Encumbrance Report The South 25 feet of the West 250 feet of Block 135 and all that part of the West 250 feet of Block 158, lying North of the North right of way line of Virglnla Avenue, all in LAWNWOOD ADDITION, as per plat thereof in Plat Book 2, Page 16, of the Public Records of St. Lucie County, Florida, together with all adjacent former street and. alley rights-of--way. Chicago Title Insurance Company does hereby.certify that a search of the Public Records of St. Lucie County, Florida from a date of February 14, 1947 at 08:00-AM, through and inGuding the date of March 17, 2009 at 08:00-AM, on the land described above or shown on Exhibit A: . 1. The following documents of conveyance: A. Special Master's Deed recorded February 14, 1947 in Deed Book 132, Page 85 -Fee to City of Fort Pierce. B. Ordinance recorded February 26, 1Q65 in Official Records Book 112, Page 27 - City of Fort Pierce. C. Ordinance recorded February 26, 1965 in Official Records Book 112, Page 28 -City of Fort Pierce. D. .Special Warranty Deed recorded March 17, 1965 In Official Records Book 113, Page 243 -City of Fort Piere to St. Lucie County -Fort Pierce Flre. E. Special Warranty Deed recorded February 6, 1968 in OfFciai Records Book 170, Page 1167 -City of Fort Pierce to St. Lucie County -Fort Pierce Fire. F. Quit C(airlt Deed recorded February 9, 1983 in Offlcial Records Book 393, Page 1543 - St. Lucie County -Fort Pierce Fire to City of Fort Pierce. Chicago Title Insurance Company has provided this search to the customer for its use only and disclaims liability to any other party who may choose to rely upon same. This search is not a title insurance policy. If the customer intends to obtain title insurance, then a request for title insurance should be made to Chicago Title Insurance Company in lieu of this search. The customer acknowledges and agrees that in the event of any error or omission.by Chicago Title insurance Company which results in loss to the customer, Chicago Title Insurance Company's liability shall not exceed the. lesser of the customer's actual loss or damage, or $1,000.00, whichever is less. The customer certifies that he has read and understands ail of the terms, limitations and conditforis described herein. IN W ITNESS W HEREOF, Chicago Title insurance Company has caused this certificate to be signed by an authorized signatory this 1st day of April, 2009. Prepared by: Chicago Title Insurance Company Carla Elbrecht ? < 1~ ` ~ 1 . .a! . t ~F, xse ~ sP~CIAL •kASTFEt? D ~ ° ,c.TH23 Z3Tn de: thts.l9th:da Fr,184¢i~ • Y• j •t,' ."•i'U' t 'FEY ~G. ~^'4•i. • h::t{ e~ ~ti'; j •z'between FttA11lC: a' ~3 h••cial Master's a ~'r rE n t . ~'rti r snd CI t • ~ ? "s>.f „ ' 'r'~• . s r ;.,y.;°~r~ PIERC$; .,a muiiici cor Lion, whose` mai y A~. t . . ~ 'sddreae is For. • e e .Florida rt a ~i'~ r; IYHERBAS;.`' .dirt of t2ie' 19 Judioial. Circuit: or" ` +••St: Lucie Count , . y,~;,Fl'brida' in ~hanoery;"ort:,the' bth day of Julj;.'29•`-'--~•~" •`ai ~ ' aaoong other thing~i, atdered, 'ad fudged ar~':.decreed in the aertafi~'~'ca`nss~ ~ `3 P` • s~ J i. Lherain ~~peixiinpj in aaid ~•C~Oart •Tietwesn CITY` OF: F014T .PIf~CB; a municipal": 'T . corporaCion; Complainant; and C9tTAr?J IJUtDS:ON• 1Y5iICh* TAX$.4 dR SPECIAL.~~'. • r . ASSESS,DQENTS, OP. ~OTtT, .ARE DEL7TTQT7EN'P; Defendants, name being designated `'.:N.I, a=• • '.Suit 2i6. '2079-8, .that the lands mentionod 'in aAid'decroe and'heireiziafLer• ."•n particularly described be sold by aaid )faa~ter at p~iblla auationj':the said. Master first giving •tiro (2) weeks notiae of the time and plane orkaale is • • r r4~ • a newspaper published at Fort Pieres, Florida, to-wits The port Pierce • - Haws-"•ribune . • jr ATiD 4VT38R$ASj"~ the aaid Special Naater and yarty of the first,. part is f • , parauanae of asid:'•Order acid Decree of said' Court did on •ti~o 7th driy of ~ n. ~~~--i' October, 1848, a41 at public auction; the said lands hereinatte~~parti- i:~}~•• ;.~~.-;~:~r • aularl deacrioed, hav first van ~ y , fag gi previous notiae of the time and pL ce i , of axle, xith a description of sai3 lands, agreeable to the order aforesaid;. ' i at which agls the aaid lands hereina;ter particularly deacribe3 were sold to the a~ai~d/Jparty off" ~th~e aeaorui part fo/r the sum ot(~~ •y,~ _ ~ ~ ~6r.~i',r~„ ;~,L~~ ~,~;%DS%~(~ I SI/• .7~ that being th0 ' I ~ I ~ highest sum bidden for the cams. ` H01i, TSS~F'ORB, TAISTTHDETiT4ftE ti7ZTNE3SET~s That .the aaid Special I(aater, I~ , ! "..c in order to car$y intc effect .the said awls ao made as aforeetid,.in pursuance .':.•Y• . I of said decree' ot. aaid Cwrt in con dsration of the • yt ! ~ , premises ard,. o~.• tTie . ' f ''~:maicl aws Ot .~ai`~ ~8 /eve :~',~"(i J 3//.?8,)~baid at'tne time,ot ehe .~xeenti '4~s~ ~ i;: on hereof, py,. iid~ rt~• 2 of-the eooond•pert, to the aaid Special Paster, the receipt when i ..h`~eyseby'~ 4, n ' .r- L -tie. -'it*+~ ; ; +n,~ Y p ~t r . 1. ~ Y • ~ST : ~ ; nr 1 i YI ~{;3,~r tam t,/~~,~ "j'i,.;,l~.e:~. r:zCti+.~.y.... . F`•''`~: u th j.: ` ' i F ~ i ! ~ r ~g~.~,•~ akited; bargained. Id aliened;; role '~y'. ~ . a • . l,~C:'^.~ :.k"ri N 1•: ~C -y ~,.1 ;ti M, ~.gia ~ iru. Conl3rsoed~• • ,~Z?y;~theae , presents. ~ e gran".~'t bargain; .eW'3 as d en .;r` r.~.. n ~ k release, conve ~a s coutirm onto the ~aa party of the eeco , ar`sQ~ its • ~sl•F.• aucceasora ''~"~x"~'A i~J~i•{8;a;,:'` •.l'. 'rf9 ~ . AigAe., forever the aorta ~ 'F x . ~ • ~ cola of land County of. 3. r St•: ~ Luaie Sta , ~ ti Florida, deaaribbd. a~~.tallowe :u.t ;.:i ~ • tes~;;41•~ to 46 inn., Blk: ~$2~4}teMnrrood Add. f ~ to `'7~'',; m. yLotia . 25 s anii 24; BIk. 25;'.~Lawnwood Add. ; ~ r , _ ~ :a Lota7 Hlk. 70, Lswnwood'~ItdditionsT : ~ ~ ~ . ~ Lotaf ~6, 52, .and 111; B1Tt. 70, Ia~rtnwood Add. • ~_'-:~'Lota. l4~'u~d l5; Blk 77r;~Lawnwood Addition ~ ' ^ ~•s'• ^;:f•:`~: ~ (;ex4a8L that;, } T . _ T~ pia .iii '~f, 01'• ° • J8 ~ ~dod"'A~ditioet'~"'~;~.-.`.~~•.`; - ,a• , err ~ . , . r . r.i. . r.. . A~1r,o:G:r81k. 107 Lawn i woo~t~••Additioni T • °ad" . A1.1; of ~$lk, 108,.' Lawgwood;' AdditionsT : ,~;~~4:• _ ,A1T,81ka. 110 to 1I3'lna.;'•Lawnwoad~ Add.: ~ ~ j,:,:.•; Blk::.lla,' (exoept that ppaart ly~sg ins If(t~ . ~r ,r• _bt:'•88~),xlewnwaod AdditS~iT'.:: • . .'t: _ ~'~~eircept:t1>*~ ppss~~t•llAing•~i»;~ri} • • 'ot~BBLawniirooct"A•dditiori=". ~ ..~;.ay:::_«:.'. ~'411~:of:9lkt. 128 to'132>Sna:y~•Lnwnswood~Add.T~ ~.r*. ~ Latai:d 7,~ 36 and bl to S4' inn„ Bik. 153, ~ ~ I,awnwood Adk11pi4nT y,,,, wLots •~d0 41, 44, 4S, S7, S8~ 81k: 134, ~ ~ t'.Lawnrwoal Additiow; t~ • . a All'- aC BI1ca. 13S to 139 . iaa., Lawnwood Add. T All of B1Ya..154 to IS8` ina., Lawtswood Add. • : ' =`K' •<'<,All of Blk. 159 (eacspt Lota Ii, 14;.and 15i ' ,.Lawan?ood AdditionT • • together with a21 and singislar the rig~tta, Privileges, heraditanosats end appartaaanaea to the name belonging or in any wine appertainiing:' R TO BAYS A!m ~0 AOLD all and aingular tAs acid pramiaea sll•~and above • mentionei'and dsacribod and hereby granted and conveyed oa intended ao to bs, with ttte appurtenances, unto the aald party of tho asaond pert, its auo- ~ oeaaora and aaaigna, to the only proper use, benefit and behoot os the acid ~ ' ~ party of the aeaond pert, its aaoceasore and aaaigna forever. IN illTtiE5.9 AttERBOP, the acid gpsaial .)taster in Chancery, as atoreaaid, i i~ I ~ f j has hereoato set his hand and,eeal the. day and rear that above aantioned. f~ i t i • • .~,t- a a a er Dory, as reaatd. ~ ~ Signed. Sealed and De'iivered i in a ga;eaeaoe ot• .r•1 i ~ , ~ • ~ ,i I ~ ~ , w ~ ~ . t'. ~ - - _ , ~ ] to ~ ~ hf •rl h t r ~ KQF' +t t l 1~ f +1 ty"~t 37 t ic.~ n tj f ~ t{ t~'( S Frfr 'r '~i t ~ Pp. 1 ~ t 1~~ ~ t ~ ~ f r~~ ~ t a f'. f ai ~ t r-,~ c, ~ ,~~...t~. t `A f~Y-.~7.TJ ,~Iw~~i~lJ i ~ - i t} }P' -W+w~M4.~~ yam... 1 1 ~v fax +f~;l I ~ r ~ L ! ` ~ !Y 1 ~ tt, ~ ~ ~ ~ t ~~S` ~ ij~,, + J ~ ] 4 8;! 1 r ~ ~tr+~"f/4 '~-„~~1, ilk i/ '~t f~1 ~~c. ./~Tt ~y~s ~ r t 4~y yf'Ji 1, l j 2 f v ~ q~- •,,,._-r-L./.~L ~ ' ,.,..n. T~13 ~ h+ r {~rq ~;Y~~ l ,S _ j,_ ~ I,l ~ a,~; ~ X ^"Y ~~.~..-i ~L' L"C J''{'`y~'/ ~n ry JR i~~ 11 . 1r a~. ~ bi/~ ~ o f~ .r... f r r T ~ - ~-~'b i t ,'7,_ c ' ~n 3wp vrv Ifr yl . ~ ti+rt rf - f 4' ! . ,r~ rr~ ~ k Rio y• a ~ .a 7~"' t c l / i. } ` s CY. i 7' _ L l t ^ ~ v..~,,i ice,-[~. F41o, ~>:i ti.~ ~}iiY tk . r• r ~ r ~ ~f ~ Es: ~a~ T ; f ~ ~ 3t . l.,, rr ~ r M ~~<i~' ~ r' ~ l6 Y E; r _ i. .fir' ~ ` r a. ~ ~ t I ` e wt n ~ ! i J t-s- t ~ 1 Tai~~r~ L ` ot.Y ' 1'r a , i'ni4 ~ r G+ >ra~ ~ { Y~ ~uf5f lam` ; ° ~ ~ f^~ 5 f~ ACS MS k. .`1. ' f '7x, t~,~, s,"~ ~ t ~ ~ ~t ai Y yy i' I 1 ~ itt ra ~ ~~~7Yf ,r~~ Yn •:F ~ ~~L~ e ' J k - ; J~ Y Y~. F! t 1 fir' j'~. ~ ~ > ~ a:. 1 / 1 yf J a' f L "Yi.al ~ ~ 1'~J ~y,r1i"~ ~ IF- ~ Syf'~41 l,~' 1 ~ 4 ! '~1~ Ll. ;y3M k~ is r k. t( ~,~5.~ti {~`!4 i, . i ~!L~~~L it f 4 - , I ,z wf.ta a 1 ?i ~ ~ 1~ ~ .i ~ ~ ~r r I ! r ,k 11 1 ~ ` a ~ 4 , q , f ~ t ? , ;?y 4 ~ t~~ r1 r`~~}SfZX4' ~ ~ r k w ~ ~~'L t ~ a ~ ~T~: .5 ` a r 6'4 ces .ftil.~oe.oR r 'd '7~ ~ V T! r ! ! . .isssa;~ E: ~ Dr E ce~aru~ca ao. $-2~5 . Alf CftDTgAlWS PACATIIRi AND A9ANDCfifII9Ci TEAT CPR'D4~f 16-FiDOT A2~ RUl~ yEph~8r'rP~~AND NF,3T !8 BLOC6 1$8 IA~ApOD A~Zf`~C, { AS P8R PLA1 THy6yWy~ IN PLAT B~ 2, AT PAC8 1.6, Olr'7D8.R79LIC~ . FRCM 1'ffi~ FAA, 6AID ALLFi[ ~DAW ; 6W'lf! ,2~ItD STR88Z'; AND. PAbVID'DIG ~ ~ FaR T~ EFgncTr,!s DAT$ B~eor. - ' of YAKBWCOD 'that certaiff 16-toot allay running Best and West ira Block 1$B ' ~ FeT plat thereof in Plat Boat E, at Page 16 of the public i records of St. Ineie CoantY, Florida, aAd estepding from Scath ?1st 8tsebt to ' • South 23rd Sfaeet, Sa the City of Fort Pierce, F1.orids, hoe Haver haen seed for pob]ie purposes end is of ao twrther use to tht City of Port Floras, Fioxida, sa - . • a p~lia atrest, allay or thoroughfare, NUit 'IDffit7a'CitB, 8~ IT 3Y TSS PEL1PlE CP TEB CiR7f GF PUttT P~tCB, Fl+~A: Section 1. That tt~am and after the effeatire date of this Crdioemce, that - cestaia lb-xoat a11eY running East and hest is 81.ock 15a ~ IAigIWCDD A~~f, as per Plat thereof in P]st Soak 2, at Page 16, of tha public swca¢~s of St. Ixieie County, Florida, a~ extending 1icm Soath 21st Street to South $3rd Street in the City of Fort Pierce, Florida, ba, cad file same i;, hereby olosed, vacated cad ~ abandoned ae a public street, a11ey or thoroughfare; Section 2. Thin C+rdinaace aha11 take effect imaedistely upon final paaaege. j _ : ' of t~F G C~.~ . ~.~'rc o 5 CIT'E' ~ ~ " ( . f : ,~'1 ~G~ ''B9X1B• OP 4aIL~tIIip as ~t.;FS2ti3IIC~ CCCTIfl'x~ ~ T88 mayor Camalsslac' sad the qty Clerk of ~ CitSy of ~Dr't ' Pierce, T]aa~ida, do Lerebi acetify that the los+egoiog and sbovs Ordinance ]la. 8-245, •ss dnlr SatrodoeeC, read cad parsed m first sq,diog bT She Cltf'Ckr- . aiasioa of the City of F~ocrt Piaree,.,Flnrida oa ~ read and passed on aeaood cad final readiag~an 1965. and was dn'J, 9 Casnlsaiaa ad fife City c? Fort Please, F~nrida. 22, 1965,~by ~e City Ia *ritiaess bererith, ~e hereunto set out hands and attlar the'Otliaiat Seal of the City of PUrt Puree, Florida, this tl,e 23rd da,+y oG lebrasay, A.D., 196f. ~ •`pdS ~~~~~r~~` ~i Fib.. f'. it ,,..~N Y'; 1~2 2s • n . r a ,r.r .wt..a. J. MI /1nM 'f.nr.n9 nA., CIT • - ~ l~ . aRnnsARCt Ra, s-z~ 1` 33fi3~ is a Alf OftDIIfp1R;8 YACATIIf13 A8A C'.+O6E11G TEAT PART ~ tt1ti1$ AVFeUS " SBCiaf 73f PIJtT 80010 2, A1' PAG:d lb, OF T88 PUSLTC TO Oi? . • ST. L11.CZ8 OOi01l1T, FL4RITYl, L1IlfC WESS '188 PRffilil1T WEST L18$ 0S' S00T$ 21ST 9TftEb7,' Al(A EA3T 08 TB8 BAST 8001fAARl LZZf$ OF 60048 23RD SJRt~P, IIS AI80 680it1f Il[ T88 A80YB D P1AT; A1Ql PRO~Q !OR Tffi ffi~F2X7PIY8 MT8 BSRROF. IiBFRF/48, that poation of Utah Avtaue lying Weat of the Ikst boundary lips of 6autbt 2lat 9treat, and Bast of the Bast boundary line Of South 23rd Straat, u per plat theteot recorded in Pla: Book 3, et psge 16, of the public reootds 02 6t., Lucia COUpt7i Plorida~ has never baea used tor'public purposes sad Ss of ao further public use to the City of Foir~t Pietas, Florida, . ' NtFf E, ~BS Ifi CRA0.11S1~ BX 98Y PSCP18 CF T88 Ca'7Y OY FOfkT PLBRCE, FitttII~1F t ~ Sactlaa 1. That Eros and attar the etteati» date of this Ord*~•-tee, that part of Ptah Avenue lying West of the Bast boundary lips of South 21st $tt~est, sad • Bast of tha~Bast eoundn~ry of 6outh 23rd Strsst u pas.plat tberaot rnorded is Plat BooW 2, at Page 16, of Lhe public recottis of 8t. Lucie Oounty, Florida, ba, sad the same is hereby closed, vaosted snd abaadOaed u a public aseaus, atre<t . os tboroa~tare. Section 2. This 0sdipaoce sha11 be stfecti» iamediatslJ upop final pusage _ i t ~ . .t C. t i , )fop'gr CoesQsyioaar sad tbs City C1esl~ OZ the CYty oS ' ~ 2ta't Pierce, Pla¢'ida, do bereb7 emrtity that the 3a¢Ygping sad shore 0rdiaeeae DiD. $-24A vas duly intrOdiiced, read apd passed on drat b7 the CYty Cbe~- siesiw of the City of Fort Pierce, Florida a¢,pebsuarT 22,'i y epd ant dn~ ?aed end peered oa ascopd tad final rseding oa Pkbsussy 22, 3965 Dr the City'0ornisdm ~ of the City 0? 2trrt Pietas, Flo:'ida. Ia Yitpeei berevitb w i , bersvnto set our bands sad e=t1x tLe'Aificial Seal i Of the City ed lbrt Pierce, F.Larids, thl; the Yazd dal of d•D. F'7i ~ 196'5• ~{.V~U? 3 `mot . i~,,,' ~ ~ o r ~ s . ~ 1'su5 fEB ~~ix UU t ~ r - ~ R~JG~R?UlTRAS.w+• '~,~,rrt,:'t. ~..t y . n..,. . _t . r....~...r O... ,,~d........,,~, A.J..tn.l. ~»1l~nru~'1.I1C•7q DM FCT • . R ~ 1341(K,~ ~ . • SPECIAL WARRANCY DEED THIS SPECIAL WARRANT7l DEED made the~day bf ltarth; 1465, by : CITY OP FORT PI$RC9, PLORID~A, a Municfipal corporation, organized abd existing under the laws of the State of Florida, sad having . its principal place of business at Aort Pierce, Florida, herein- • after called the Grantor, to 5T. LVCF& COUPil'Y-PORT PTPRCE FIRE ' PREVENTION AND OCWTROL DISTRICT, a Corporatiop organized sad- : existing uad8r the laws of the State of Florida, whose Post office • ~ ~ address is hereiaaf ter called the Grantee: , • (iYherevyr used htxeia the terms "grantor" apd "grantee" ' • include all the_partiea to this inatr•.aaept sad the heirs, legal repreaeatatives and assigpe of igdividuala,. ' and the successors and assigns of corporations) • l4ITNE55ETH: That the Grantor, for and in cOaaideratiOA Of . the s~ of S1.J0 and othei valuably considerations, receipt wbezeof • • ~ ~is herea; acknowledgtd, "oy these piesents does grant, bargain, aell,~~. alien, resise, release, convey aad..confirm unto the Grantee, ail • • that certain land situate in St. Lucie Coantq, Florida, viz: • The South 25 ft. of the lust 250 ft. of 81ock 133, ' sad alb. that part of tht West 25o.ft. of B1oak 158 ' lying North of the North Right-of-Way line of ' ~ Virginia Avenue, ail in LAWNMGOD ADDITION, as per • • plat thereof in PiaY Hook 2, at page 16• of the pub• ~ • lic reco'rda of St..i,ucie County, Florida; .together ~ ' ' ~ ..with all adjacent former street and alley sights- . o°-waq, TH15 DEED is given subject to .and apoa the express ~ • •condition that Lha Gz.utee Ge;eta shall construct ' • ~ upon the above described•Iaadi,•a fire station within five (S) years fsos the date hereof, anti in ~ • the event the Grantee sza11 not construct a fart ' ' .station thereon, within five CS) rears froe the • ' date hereof, trim sad is that event the title to . 'and alt rights, claims, and interests of the S Graatee.in and to the above described preaisee ' r shall ryvert to the Grantos herein sad shall thereafter be vested in the C~raator as fully and , ' Completely as though this peed should not have ' . .bsev given. t w ~ ~ • • - ~ ~ ~ ~ ~ • . • r , 'k~+~-• n.:... c~ c=r•, ~ ~.,,~.nn~~~ Parma 1 of ~ Geared Bv: eklempeit Printed: 3/31/2009 8:54:17 AM EST xHIS DEBD is given subject to and neon the fnr- thgr express coaditioa that in the event 'that the Grantee shall construct a fire stxt4oa on • the above described lands within :five (S} years from the data here.?f and shall thereafter cease ' ' to use the said presiaea for the purposa of maintaining, operating and using.a fire station • . thereon, then aad in that event the tftle•to and • all rights, claims and interegta of the Grantee • • in and to said about described premista shall revert to the'Graator Herein and shall thereafter . be vested is the Grantor aa,fnlly•and complNtely ' as though this Deed should not have been given. .•s 'i+OGE•PHFR with ail the tenements, hereditaments and appur• • tenaacea thereto belonging or in anywise appertaining. . TO HAVB AND TO HOLD, the same i.a fee simple forever. • • AND the Grantor hereby covenants with said Grantee that it is • laxfuily.ae:zed of said land in fee simple; that it has gaol ti6ht and lr•rfnl authority to se1L and convey said land; th,~t it Hereby • fully warrants the title tq said land and will defend the same . ~ sgaiast the lawful siaims of all persons claiming by, through or • under the said Grantor. • IN ffITN853 MHP.k$OP the Grantor has caused .•t ;Oti these pzesente to be ezecutedsn its Hama, ~ ,,.•••••.,•rF,r an.: itn corporate seal to be hereunto s.. affiiced, by its proper officers thernunta • •~~f~~~S~;l) duly authorized, the say, and year tirst i St above written, • ,;•?y:l#`. .L ; CITY. OF FbItT PIERCB~ PLOltIfiA, A Nuaicipal ' ' ~ •.tii ~ •ot : ~ corporation, • ~ A: man a owerr as yo mm a- siones. • ATI'FST: ~ y~ . va ey, e~_._.._ • • 5igaed, Sealed aad delivered is the presence of; • • • 8~ii3 ..244 • (~rripr• aznonn~a~ ri,,,•- p Crl i r> t'3-flma~ Paae 2 of 3 Geated By: eklempert Printed: 3/31/20'09 8:54ti7 AM EST ,.ate ~ . ~ E 1~ .ti. ~ ~i r f _ s~ s _ ~ 7. l i f ~ 'f STATE OP PLOItIDA ) COUNTY OP ST. LUCIB ) I HEREBY C,ERTIPY that ar, this day, before re, as officer ; • duly authorized is the State and County afocesaiC to take acknow- • ledga,enta, ptrsonally appeased N. R. DANNAF10Nt8R and D. C. HUSKEY, , well known to ae to be the Mayor-Cortiissioner and City Clerk, t ' reapectively'of the Corporation mimed as (srantbr is the foregoing • Deed. and that they severallq acknowledged txetuting the same in the presence of two subscribing witnesses freelq and voluntarily under authority duly vrated is them by said corporstion and that • tht seal affixed thereto is the true corporate seal of acid corporation. • WITNESS my hand and bfficiai seal 3a the CbaAty ind State ' last aforesaid this fG U` day of Mirzh, A.,D., 1965. . M~Commisaioa ~xpirea: ~ ~.,a~8ir. Shk d liWe M trN . , , ' JL4'1C) F~ J1lN Q4 IILIIfESS ~ ~ - • . ..w~ : l~f E~8 `:.:."C~ic~ AJ~1 REECOP?Df D . • • • . ~ • 1Pt ~~~1 R{16ER PQtTRAS, ~ ~^;'"off •~~J . ; . st i9~~E eauK~r.fio~' + f ~ • ` .,5~ `t ' Z Ni,19 :f ~'w 11 ~ d i QQ ~ ~ a~~V Et F ~ 'x, n..~o.• R~n~nn, r~...-• cT~ ~ ~•„~_nmaz Pane 3 of 3 Created By: ekiempert Printed: 3/31/2009 8:54:17 AM EST . Lfi413U SPECIAL WARRANTY DEEP THIS SPECIA7. WARRANTY D'a'ED, Made the ~ 16th day of October, 19b7, by CITY OF FORT PIERCE, FLORIDA, a municipal cor poration, organized and exieting under the laws of Florida, and having its. principal place of business in.Fart Pierce, Plorida, hereinafter called the Grantor, to ST. Lt1CIE COUNTY-FORT PIERCE FIRE DISTRICT, a corporation organized and exisCing under the la~vs oP the State of Florida, whose poet office address is 437 Borth 7th Street, Fort Pierce, Florida, hereinafter called Che Grantee: (Wherever used herein the .terms "grantox" and "grantee" Include all the parties to this instrument and the heirs, legal representatives and assigns of iadivi.dnals, snd the successors and assigns of corporations) . WITNESSETH: That the grantor, for and in consideration of the scan $1.00 and ether valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release:, convey and confirm uato the grantee, all that certain land situate in St. Lucie County, Florida, to-wit: The South 25 felt of the West 250 feet of Block ' I35, and alI that part of the Weat 250 feat of Elock 158, lying North of the North right of way line of Virginia Avenue, all in LAWNWOOD ADDITION, ss per plat thereof in PLaC Book 2, page 16, of the enunnntt ,~Q G ' public records of St. Lucie County, Florida, to- ~ gather with rill ad3acent former atxeet and alley a o rights of way. ' Y ~ i t i . - ~~-l v~,~ This deed is given upon the express condition that Lk;1<r g1 the Grantee herein shall construct upon Che abmre - -~t .described premises a fire station,•a~d in the event .~zS~~~' the Grantee shall not construct a fire station, < thereon, then .and in that event the title to sad ~d~ C all rights, claims and interest of the Grantee in ~$piunnx~c' and to the above described premises shall revert Co the Grantor herein and shall thereafCex be A1W(t0O vested in the Grantor as fully and ceeopletely as 3tOp1'ls though this deed should not hive been given. The purpose of this deed is solely tv release the five year time sestriction is the reverter clause set forth in that certain Special Warranty Deed from grantor herein to grantee herein dated March 16, 1965, and recorded March 17, 1965, is 0. A. Book 113, page 243, public iecprds of St. Lucie County, Florida. st?n w - pOCwMWTARr suw ~~x • aa~ 17Q ~ 1IG7 :ss ~ nrrlor• a•~nc~nmaz n~• ci cT1 ~f•17r1_n11F7 pace i of 2 Created By: ekiempert Printed: 3/31/Z0038:54:24 AM E51 FILED ANO RECORAED• • ST, LUCIE COUNTY. FLA. nc,rla0 yps;tF~F.O .[64130 '68 FEB ~ AN Il: I6~(,,u~ AO:iI? i`JITR~S ~ CLExri ClnCdl7 COURT TOGETHER with all the tenements, heieditamenta and appur- tenances t}iereCo belonging or in anyWi.se• appertaining. TO HAVIw AND TO HOLD, the same in fee simple forever. AND the Grantor hereby coveaanta with said Grantee that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and. convey said land; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through ox under the said Grantor. IN WITNESS WHEREOF, the Grantor has caused these presents ' Co be executed in ite naa)e, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year first above written. ' CITY OP FORT PIERCE, FLORIDA, Signed, sealed and delivered a municipal eorporatian, in the resents of: .3 _ P t.- xz..,~ '?~~t~c< ,~.i ~-=~",('G'-4r'alr.f"' Mayor-C s iower ,d;,,~I~!./ ATTEST 3 e,c~'-u . Clerk STATE OF FLORIDA . ~ ''~S'~~~1.••' - ST. LUCIE COUNTY. I HEREBY CERTIFY that on this day, before me, an. officer duly authorized in the State and C~+unty aforesaid to take aclrnow- led8ments, personally appeared t•CCLTON TUCI~R and R, C, JAl~.S, well known to me to be the Mayor-Commissioner sad City Clerk, respectively of the corporation named as Grantor in the foregoing Deed, and chat they severally acknowledged executing •the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested is them by said eorparatioa and that the seal affixed thereto is the true corporate seal of said tor- poratfon. WITNESS my hand and official seal is the County and State last aforesaid this l7th day of October 1967. ~~A, N4[ary.,_• 3,icdl~, State o Florida at APP&o'VED AS TO FORM AND . I:arg® ' By_^j``~:' ~ ~ J . `MY~~ commission Expires: ity At~t/o~rneAy ,jp ~tkr:~. P.~.:.ii:h.r Ho~'a at twa .lay.Lo.aci,GOn E<t~+~'~. ll, Ft69 ~~.+MA A•.~~ Ib i4w~. 41 8001( jo ~Ct,~1,~ . - ~rriar: 43RQf1R74'i n~-• Fr C71 t I• ~ ~n_Ri ~ F~ Page 2 of 2 Geated.By: eklempert Printed: 3/31/2004 8:54:25 AM EST ~a met: ~r ~e ~3 ) 2, y' r! v .t v:rb a.~~J~S~a~ 1 , rlau rt lYV rr tIG-I IiAMf'i:• x.111.•• 1G 1 ' ~ ` { j: ~J~ ~~Jk'6tii{~I ~Fg1~r (;xrr;Jrr! 7J.ir )rh riov r:: iCCruo:/ :1 l1 (t, cc Ifll ST, LUi,I1: COUNTY-FORT PI1.'RC>; FIRE DISTRICT n r'orporoltua vxiaiiup unrJrr Iht lau~a of FlOri da .and Jln:dnp 'i+a prinrtpol plnrr o~ • businral al 937 forth 7th Street, Fort Pierce, Florida, 33950. , ~ +irsl party, la ' CITY OF FORT PIERCF,, FLORIDA, a A?unicipal corporation ' • whdtr pas(ofJirt odrlrrst is pest Office Dox 1480 , ' ,Fort Pierce, Florida 33954 art'aM! par(y; IWhraver owd Ma.n ah. "lint Nnl" aml 'ur,rM la. N' ,h•a :awl. riaa.dr aW plvrN. M•n. col . ' ' rrW awnr•. and • n, ul w,~Ju idr•h, .nd tFr ,un n•an .ad aw.a N rmp.r•t:um, -M ov ~M n,a trw h ade:u v r.µ«n r + t ~ttlitSSf~tr Thal thi• sold llrsi pony. Jar and !n consideration of the alm of S 10.00 ' In hand pall by the sold rscond pony, tJt'r rseeipt whvreroJ !r hrre6y otknowlydprd, does Jlrvhy rnnilr, rr. lease and qult•cJaidn unto tAe aald arrnnd pony Jorrarr, aJl !hv rtphl• t!t&, lnterut. cJalm nrtd dtnaour( udlrrh ' tlao acid Jlrst Pony hoc in and to the Jolkwlnp dtacri6ed .for. plrcr or parcaJ of Jand, sHUatt. ~y1rtp and Jstlnp !n tha County of St . LUCie S(a(e of Florida , la nail: The South 25 feet of the WeyL.250 Peet of Block 135, and ali that part of the Nest 250 feet of Block 158, lying Nortlt of the North right-of-way line ci Virginia Avenue, all in LAt4N~00D ADDITION, as per plat thereof in Plat Book 2, page 16„ of the public records of 5t. Lucie County, Florida, togetherwith all ad,jaCent farmer street and alley rights-of-way, This deed is given for the express purpose of relinquishing , all interest the party of the first part has to the property , • described herein as orig.inaIly conveyed by•that certain Special Igarranty Deed from the Grantee to the Grantor dated March 16, 1965 a,;,cJ recorded Aiarch 17, 1965 in O.R.' Book 113 at page 243 02 the Public Records of St. Lucie County, Florida, and as amended and modified by that ~ertatn SpeniAi V(Rrranty , Deed dated October 18, 198? from the Grantee to the Grantor, attd recorded in O.R. Doak 170 at page 1167 of the public records of St. Lucie County, PlorLda. 7~ Al{ia• t~ the tornt logtlhdr wllJa oIl and singurar The appurtsnonu: thrrsunto • 6eJonplnp ar• in 'luiylirite laygertoining, and oJl fhe nfnlr, rtp)d, (1tJt, inlrrsat, glen, equity and datm wJloh rot atr of, t~e sa t~aJi[it porlX: tifJ»r in Jour or equity. to Ihp• nrtJ', proDrr use. bentJi! end bellouJ'oJ tJta soil tebtin o'tl Ufi: ° ' ;`p Y~~W ;t 'r' ' Wi`~ess ~DIWrf~L ~Ilts aatd J1r31 party Raf cowed thrsr pras~ lC+6RrVJlATt SGLI • " % 'rnft t0 JN tXtaUttd In lit namt, and !Is torporetr sfal to Jlt Jlereunto oJJFsad. • gT , !Er.'•: l~ by its proprr uJJiGrn (htrrunto duly oulhori:eel, Ilu day and year drat o6olra o ':•'r..i.i i„ writ ST. LUCIE COUNTY -FORT r ..~r• PIERCE FIRFr DISTRICT ' ' ~`IsSc~r'°7°reasur"er............s::~:~;r;..... . . r $ipnrd, aTtd slid d'e Jilltred in tJlr prearrtco oJ: ~.s r - / ! iSt•... ...~~--'-!ter ~j~ ~ i r'iRan.... ~...,.....v;r~m... . . .th~'~. ~t.-~~.-~~~ ~ STATE CIF FLORIDA ~ f couvTV oe ST. LiJCIE 1 itER[9Y CLR7111' ahrl d•;t dal'. InLrr n+r. r.a egku duF othaired m ehr Sult cad C«wnry ainrw.tl a r•b uL..v. trd<wm,. pr,.,+.. i:, •ptt.rrd clo[ia• Grl myser and Gruver Leslie ~ , 'Chairman and Clerk Treasurer wra t«n«n la nr u M iM•r Prra,drr,l .iad rr.µ. w. N, .d IM rwp..r.,..a wawvl r. i.•r 9•r.. ,n eM Iert,siaa and„'•M ,hM'tYrr utnJ7r irMwewledt.d rertvlr«r abr umr ie aw pnrnrt .I t.• nh.r rre•.• +n«•wa I,e•r, .ml .d,.na.•,1• .adn eulhorn, ddr .nwd i r,l?t1o'In awd"<orpm•r:oa •nd aMl ur rrl an:.•d ,M•ne A. rerprrae w•1 sl u,d r•..I«+a,«« W~tT 1Eay I`j ~h :1'p.fnd gll•Nd J•i a. ~M C.•wn sad AHr Im almn.id rn;. ~f ord., • 1~. r.r.rr4 tc ' u '"P,3 S~S3~S , t~ l~8 -9 fit ~ 53 ~ 1 Iln.!;rdamnrilj••,1:rn:!1•; N(>F8?•y PuhiLc, S.a~t. ~ f ljlpt'ltl;t f ty„ tr.'::r :y t. A; IQ'LdlC4Ui; !x. D „t:e~::;;t ,.r ; trsgul~ 1 ><iy Cot:url i s• ~ i r, n F.:c I; i re:; . ~ti,.1 ~d ~ I . r, a s:,a ;~„t F'laut twrclr ~ HK d}(gy ~ r,.q r) i " Chicago Title Insurance Company • COMMITMENT FORM Schedule A Commitment No.: Effective Date: ~ Agent's File Reference: 09-1028 March I6, 2009 Q 11:00 PM 09-1028 1. Policy or Policies to be issued: Proposed Amount of Insurance: OWNER'S: ALTA Owner's Policy (10/17/92). (If other, specify.) $ To Be Determined Proposed Insured: St. Lucie County MORTGAGEE: ALTA Loan Policy (10/17/92). (If other, specify.) $ Proposed Insured: 2. The estate or interest in the land descnbed or refereed to in this corrrtratment is a Fce Simple and title thereto is at the effective date hereof vested in: City of Fort Pierce, a municipal corporation 3. The land referred to in this commitment is described as follows: Commencing at the Southwest comer of Block 158, LAWNWOOD ADDITION, according to the Plat thereof recorded in PIat Book 2, page 16, of the Public Records of St. Lucie County, Florida, run East along the South line of said block, for a distance of 250 feet for a point of beginning; from said point of beginning, continue East along the South Tine of Block 1S8 for a distance of 200 feet; thence run North on a line parallel to the West boundary of Block 1 S 8 for a distance of 250 feet; thence turn and run West along a line parallel to the South boundary of Block 158 for a distance of 200 feet; thence turn South and run along a line parallel to the West~boundary of Block 1 S8 to the point of beginning. LESS AND EXCEPTING right of way for Virginia Avenue (SR 70). Agent No.: Issuing Agent: Treasure Coast Abstract & Title Insurance Co. 500 Virginia Avenue . Spite ~Z00 , f Fort Pierce, FL 34982 . Agent's Signature Frank A Fee, III President Form C-SCfI. A Page 1 of 3 (rev. 1/98) t)oubleTime® 5.0.3 Chicago Title Insurance Company COMMITMENT FORM Schedule B-I Commitment No.: Agent's File Reference: 09-1028 09-1028 I. The following are the requirements to be complied with: 1. Payment of the full consideration to, or for the account of, the grantors or mortgagors. 2. Instruments creating the estate or interest to be insured which must be executed, delivered and filed for record: A. Warranty Deed from City of Fort Pierce, a municipal corporation, to St. Lucie County ,apolitical subdivision of the State of Florida. 3. Resolution by the City of Fort Pierce authorizing the sale and conveyance and confirrrring the authority of the ' person(s) who will be signing the deed. 4. Resohrtion by the Board of County Cormnissioners authorizing the puchase of said lands. 5. Provide an Affidavit certifying 1) that there are no liens against the insured land other than as disclosed by this comanitment; 2) that there are no outstanding or pending claims against the affiant(s) that may constitute the basis for a lien against the insured land; 3) that other than as disclosed by this corYtmitn~nt there are no matters which would constitute defects in affiant(s)' title to the insured land; 4) that there are no matters existing at this date which would ' adversely affect the ability of the afiiant(s) to mortgage ar convey the insured land; and 5) that affiant(s) is a citizen/corporation of the United States of America. 6. .NOTE: 2008 Property Taxes under Tax ID#2416-5040781-000/8 were assessed in the gross amount of $156.60 and are PAID. Form GSCH. B-! Page Z of 3 (rev. 5/94) DoubteTime® 5.0.3 Chicago Title Insurance Company COMMITMENT FORM Schedule B-II Commitment No.: Agent's File Reference: 09-1028 09-1028 II. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of The Underwriter: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or ' attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this commitment. 2. Any owner and mortgagee policies issued pursuant hereto will contairr under Schedule B the standazd exceptions set forth at the inside cover hereof unless an affidavit of possession and a satisfactory current survey are submitted, an inspection of the prcnuses is made, it is determined the current year's taxes or special assessments have been paid, and it is determined there is nothing of record which would give rise to construction liens which could take priority over the interest(s) insured hereunder (where the Hens wouid otherwise take .priority, submission of waivers is necess~zy}. 3. Any owner policy issued pursuant hereto will contain }order Schedule B the following exception: Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured. hereunder, including submerged, filled and art~crally exposed lands, and lands accreted to such lands. 4. The lien of all taxes for the year 2009 and thereafter, which are not yet due and payable. 5. Title to or any interest in personal property is neither guaranteed nor insured hereby. 6. Any lien provided by County Ordinance or by Ch. 159, P.S., in favor of any city, town, village or port authority, for unpaid service charges for services by any water systems, sewer systems or gas systems serving the land described herein; and any lien for waste fees in favor of any county or municipality. 7. Matters as shown on.the plat of Lawnwood Addition, recorded is PIat Book 2, page 16, of the Public Records of St. Lucie County, Florida. 8. Any easements that may lie in the abandonedbacated streets and/or alley right of ways as recorded in OR Book 112, page 27, of the Public Records of St. Lucie County, Florida. 9. Easement(s) granted to Fort Pierce Utilities Authority of the City of Fort Pierce, Florida, recorded in OR Book 590, page 2919, of the Public Records of St. Lucie County, Florida. 10. Temas, covenants, conditions and other matters contained is nay unrecorded Lease(s) and all rights thereunder of the . Lessee(s) and of any person claiming by, through or,under the Lessee(s). 11. Right of Way for Virginia Avenue (State Road 70) as now laid out and in use. 12. In accordance with Florida Statutes Section 627.4131; please be advised that the insured hereunder nay present inquizies, obtain information about coverage, or receive assistance in resolving complaints by contacting Chicago Title Insurance Company, South Florida Business Center, 2701 Gateway Drive, Pompano Beach, Florida, 33069. Telephone Number is (954) 971-2200, Fax Number is (954) 971-4111. Form C-SCtI. E-11 Pale 3 of 3 (rev. S/94) ~ DoubieTime® 5.U.3 Chicago Title Insurance Company 104 SE 8th Street, Stuart, FL 34994 (772)221-3853 Fax (772)221-3843 ' OWNERSHIP AND ENCUMBRANCE REPORT ~ DATE: April 1, 2009 . . AGENT ORDER/FILE NO: 09 1028A/430900144 1~~~ . T0: Nancye Dailey Treasure Coast Abstract & Tide Insurance Company . 500 Virginia Avenue, Suite 200 ` _ Ft. Pierce, FL 34942-5910 RE: ~ 50 year Deed Search Commencing at the Southwest corner of Block 158, LAWNWOOD ADDITION, as per plat thereof in Plat Book 2 at Page 16.of the Public Records of St. Lucie County, Florida, run East along the South line of said.block, for a distance of 250 feet for a point of beginning; from said point of beginning, continue East along the South line of Block 158 for a distance of 200 feet; thence run North can a line parallel to the West boundary of Block 158 for a distance of 250 feet; thence turn and run West along aline parallel to the South boundary of Block 158 fora. distance of 200 feet; thence turn South and run along a line parallel to the West boundary of Block 158 to the point of beginning. LESS AND EXCEPTING right of way for Virginia Avenue, (SR 70j Chicago Title Insurance Company does hereby certify that a search of ttie Public Records of St. Lucie County, Florida from a date of March 17, 1959 at 08:00-AM, through and including the date of March 17, 2009 at 08:00-AM, on the land described above or shown on Exhibit A: 1. The fallowing documents of conveyance that affect the attached"description of record: a) Special Master's Deed, filed February 14, 1947 iri Deed Book 132, at Page 85 to-City of Fort Pierce. b) Ordinance. No.'E-245, filed February 26, 1965 in Official' Records Book 112, at Page 27- vacating 16' alley. ' c} Merger flied December 27, 1993 in Official Records Book 876, at Page 382 into- St. Lucie County Chamber of Commerce. d) Quit Claim Deed filed December 18, 2008 in Official Records Sook 3044, at Page 983 to- The City of Fort Pierce. ' Chicago Title Insurance Company has provided this search to the customer for its use only and disclaims liability to any other party who may choose to rely upon same. This search is not a title insurance policy. If the customer intends to obtain title insurance, then a request for title insurance should be made to Chicago Title Insurance Company in lieu of this search. The customer acknowledges and agrees that in the event of any error or omission by Chicago Title Insurance Company which results in loss to the customer, Chicago Title Insurance Company's liability shall not exceed the lesser of the customer's actual loss or damage, or $1,000.00, whichever is less. The customer certifies that he has read and understands al! of the terms, limitations and conditions described herein. !N WITNESS WHEREOF, Chicago Title tnsurance Company has caused this certificate to be signed by an authorized signatory this 1st day of April, 2009. Prepared, by: Chicago Title Insurance Company Cam„ ~ `b Ellen Kiempert y, _ _ tl r - s: . I ~ ~ , y. • L. t ve F .a 3P$CIAL 3tA3T8tt? y -i~ ~~~TAIS I2dD • de's `.s`• 19th'~d o a~ser", 1945, b ~ ' ~betire9n FRA2iYC' a Special Nester ae~y,z• party of the. T a -~~1~rt, end CITY; ~PIffiiCB, a munici co~~"" _rporction, whose ~1 ~ ;address is For eroe Florida rt' 0 ' aeaond • - ' , pe y~y,.. putt. • { `~„~~S 14iiER8AS, curt of the' Ndtiidiaiel Circuit` for ~ w:~ ' ~ ~ f i St. I,uoie.County;..plorida, in "hanaery; oa':,ths 5th day of July~l9lO'~-~- • ~ ~ among other things, •ordered,: adtudged anit• decreed in the oar i ,r'. ~ to rs.aauss n.•. therein~pendintc in avid Court ~betw9eri~ C~~"Y dF FORT PIERCB, a aeiltsic 1 . ~ r. spa s: aorporat'ion, Complainants atxl CERTAI1i LANDS ON {7HICE TAXffi Ott SPECIAL • • - A3SF.331~RT8, OP. POTFl, ARE DELItiQUEti'"; Defendants, aeaq •beit?g designated 8uit'Ao. '10'i9-B, that• the lands mentionbd in said ~d~earee and he7rein.l'terf ' particularly deaaribed be sold by safd ltnater at public euctioaf'the said ~ w: Neater first giving taro (2} wseks aotice of the time and pl:ce or_~ale ins • a newspaper published at Fort Pieroe, Florida, to•wits The Fort Pierce ~ flews-".•ribune . • A7D ilF:8AEA3, ttta said Special (tester and party of the that 'part in ~,`~:>..,,cA;r: purauenae of said.•Order and Decree of said Court did on t1:e 7th day of October, 1946, sell at public auction, the said lands hereinatter~partl~? z* • oulariy daaariosd,. having first Given ;Ceviaua notice of the, time and pia ee j of sale, with a deaaription oP said lands, agreeable to the order aforesaid; ' • i 'st which axle the acid larxis hereina~ter particularly described Mere sold o i ' the said party of the seaotut part for the awe of ~ e(~~~~„y~, tt,~~~~~Dd ~ (s 3//• .?8 ) , that being the j highest sum bidden far the same. NOVf, THfi.REFOFtB~ TRI31IND8biTURE 1YI7".1i&4SETfts .That the acid Speoial Dtaster, in order to carry into sfteat tho said Gale ao made as nforaeaid, is pursuance ~ "i ~ ; ~:r~: of said decree o~ said Caurt, is a deration of the premises es~ of ttie , ~ ~~..i said sum of =d:: .~JB ies~ _ •4. ~ ~ _ ' 5// .?l) Laid at' tho time of the ezsantiori hereof, by th • .,.said: rty . of the second ~pea?t to the said special 34ater, the receipt wtiesa 1 ..,lieseb~ i ~ .'yj ¢p• ~ ~ t• - J y I I ~ I i f ~ ' ; , . + - i b.~ , ~ 8oou X32 .86 - ; : , ~ } . ' :f z -,;~,aalaYoKledged,,l~~~~ranted, bargnined• o ~•aliened,.relesa h~aveyed ` and cosr3'irmed' sad: 2i 'these ~ ' s' 1. • ,t Y , presentbdo'_ ~snt; bargair~'r.a~ alien, I~.,, - ,...•s` , . s.: is re2eaaa, C9APey,and aOAtirm unto the~eaid;party of the aecc K and'ita ~,:h°' , aucaoeaors and~,aslsigna forever the aorta ~s~. i~ . , ilia ~?rce2a of land iu'^` • .County of .+a,'.a.:.. $t. Lucie, 3ta oty Florida deaariliod4~ol2owst. ' a ~ ~ - :rLota, 41 to 46• ins. H3.lr`: • r,:; , ~ 22 Lawnwood dd t A .t ` v,;;.~.:~`t ",J+ots'.23' and 24',; Hlk. 23 ~ Lawnwood Add. ~ • _ . , ! Lot,7; Bik. 70, 'Lawawoo~ Additions . . • Lots 36~ 52, and 111 SIk. 70, Lawriwood Add.; ..~,~y:a• , ` . . • ~ ~ Lota• 14 'arid 25; Hlk.~ ?7,. Lawnwood Additloa; ' ' „~.~(exoegt that, t~,l in ~ " A'dditi~. ~ N'•• ~ 4 _ lll~ of-Hlk. 107, Lawnxood Additiorij • - . ;421: of ~Blk: 108; Lawnwoad Addition: 4 fir.; A21`Blks, I10 to 113'ino., Lawnwood Add.; ;1~!_ 1 ' BIk~ . 14,' (except that part iy~g in 13A~ • . ~ • ~ . of.: 88~),•y lawnNOOd Addition t ~:,~L 18i~•(ezaept ~tbat "~~srrt `2yiiig.:Li,lti~ 'ot~ SB}); Lawriwood Additlortj ~ ~ . . •1tll:::o~t_Hlks: 128 to I32'inc.,. Lawnwood Add.; Lots 7, '38 and 51 to 54' Sao., . B2k. 133, ~ r,. .'Lawawood Addition;.. 'r ~ ? Lota...40 .4I, 44, 45, 57, 58; Blk. 134, ~ s ?^Lawawood AddStiaa; i ~i. • ~ : ?21. of Hl]a. 235 to I39~ ino•, Lawnwcod Add. j y~~ / A21 of Slka.:254 t0 lb8' iaa., Lewnwoad Add. • Ail 'ot $17t. lb9 (gxcept Lots 21, 14, and 15 f • Lawawood Addition; together with all and singular the r3ghta, privileges, heredStsteonts aixl ~ appurtessncoe to the same belonging or in any wise appertaining. ~ TO FJIV$ A.'ZD TO BOLD all and singular the acid preroiaea alI sad above mentione3 and described and hereby granted and conveyed oa intended so to ba,~aith ~e appurtenances, unto the said party of the aeaond part, Sts auc- ~ oesaors atbd assigns, to Lhe only proper use, benefit artd behoof at tho said • party of the second part, its suaceasora and assigns torover. IH a7ITHE53 RiTER$OF, the acid Special Ltaater in CAancery, as aforesaid, f r ' hae hereoreto set his hand and Beal the dal and year first abovo s+entioned. ' r f (98AL) r i ~ ea a~ ; e or ricer, a oresaid: ~ + Signed, sealed and Delivered Sa a araase:soa oft ` i tt /jam i~ ,~t?'~~e.r'~. ~~,tr~~ ~ ~ ~ I ~ ~ i , _ , ,.i• .'t~:,:,-.•r.,,~•,,:,a 'P .tier ~ -~I i i eoooc• 94 'aa l~ 0. x- .4 ' , : tie I ~r : j~~p~ ~,:y;: x~'' ; ~ar'~A D t. Lt20~fn ' . tye":;:,: • , 3;t~5,'. . , ARp ~?aky;~,'fl.- ":s:. o C Q o .'ate •o ~ • III. L:~L. • ~ • ~e,.~~ i ! tl: A~r.. ~t i ~ t, • r .u.•' ~~ii r',' ,.r,e. tr:. ~ ink " 1f{ 'll '~if''• t~ ~ 1, .'t. Yi• .'t s.r ~~R.. ~~-c ~ ~ ~.-i` ~'Y ~ ICI i y,1.~ r i :t.` , ~ 1 k w• :C w r ,.r. ,i0P5':LY~+'-Y.Xc ~ . -wt : ~ ~JM. ~ a.-~. ^e~ . , r ' . i t33~~3 { D~,. } oRnntAxcE xo. s-zh5 ii t Ailf CEiDb(ANCS FACATIIVG ARA A9Al SAT CSiTA13 16-I^DOT ~ AT+T~S AiJt~llC SAST ARD NE'g'i' Ilf BUDC~ 158 DF IATiAW00A ADDMIC3, , } AS Pit PIA1` ~OF A[ PL81' BOOS 2, AT PAC,$ 16, pF r1g8 POHLIC ~ ReCOitD3 OF 5T. LUCIB CWRYY, F20RII1A, BALD ALLE! !S'~¢DIIfG ~ lRCO[ SUTffi 21ST 5Tit~ TO SCAYfB 23RD STfiSS`i; AHD P'ROVIDJ!!G FQt 78E EFp'0@iTi?8 DATE NB~iBAS, that certsfa 16-foot s11tY suaatag Seat and neat in Block 158• of 2AitbiW00D A17DIT2Qt, as per plat thereof izi Plat Hoak 2, at Page 16 of thr public i records of St. l+ucie County, Fiarida, sad esteodlag from South 21st 9ttset to • South 23rd Street, in the City of Fort. Pierce, PloriCa, Las Bever'been Hued for . puDlio purposes and is of ao further use to tha City of Fort Pierce, Florida; ea a public street, alley ar thoroughfare, HOi1 'E, IT H7[ RSS PBDPLB OF '~S CI1Y 4F FTFCf P1'SfSCE, FI~ltII14: Sectiar 1. 1Dat from sad after the efteetloe date of th3s.Ordiasece, that certain 16-txt alley zvnniag Best saa ideat in HlACk 25S ~.I~1wDWOCD AZOZTICS, as per plat thereoZ Sa Plat Book .2, at Page 16, at the public seconds ai 6t..iucie County, Flori3a, sad extending 2raa South 21st Street to South 23rd 6tseet in the City of Fort Pieme,~Floridn, be, sad tba same is hereby closed, ~scated sad abaodoned as n public street, alley or thoroughfare. i Section 2. 1hSa Ordineace shall take affect ioooedlnte2y upon final pesaege. ~ f i~Gr`F~~.) se . s NB, T$S D~D;El1tD, ~ayts' Casaiasloc sad the City CLaa- oi' tbs t`,ii.y o2sY+rt f r Piers®, Fln~tdds, do hereby CertlSy that the Zoa7goiag sad aboTe Ordieaeacs 30. ~ 3-2b5, van d.tu SIItrod~A, res$ ocd passed on iiret retelling by tba City Cur- ~ aissioa of the Cyt7 as Ybrt Piesee, Flaa'ld6ta as F+ebrv~ry 2965, asd vas aaV read and passed va second and.:Yaal reeding ao Febzvety 22, 2955, b7 the sty Caccisaiea of the City o2 Fart Pierce,.FlflniEa, . Ia vltnsss bereeitL, tic Lereuato set our beads noel afti: the OltlCi.al Seal of the Cit7 0= Pbrt Pierce, Ylozida, 'this the 23rd dey of Nebrvary, A.D., 1965. i ~ ~~~sa`.r~ /f ~ ! r'.4 toy ~~FpcE~'~.,~ i'.::F_~~ ~ ~3 .C~. . , •IllifNNVV••• ;:.t~ tder: 4~()9(Tn 143 n~~• Fa Sri t i• ~ i ~-nnn~~ Pane 1 of i Created Bv; ek€emnPrt P~inTw.t1: i/:iT /?0f19 2:05:07 PM £ST ~ 1 •J . ' , .•1 L ~ ~ ij \ t•n • 1. ' ' ~ ' ~ JoAnne^libtman, Clark of the Circuit Court - St. Lucie County File Number: 124138,08, OR BOOK 0876 PAGE 0382 - - . o~ , ~ ~ ~ . ~Q r~ ~rparintrni ,of l~tatr ! eet~tp the ~ Is a true and grrec! copy o! ltte Art ;lee of Mesger, fd~l an August 19, 1983 eltecdve October t, 1993, tot ST. LIICiE COUNTY . ~ CHAMBER ~ COMMERCE. INC., the sun!lving Florida corporaliori, as showm bYthe reroords ol~this otfiot. The documem numtre? of this corporation is N93000002t343. ~kbtn unAK t~ banD mD for icrat Satl at tit t3latr, o1?irrtlb~ at t~altai~atsrr, dX ttaprtai, tbit! the NineteerAh D~ ~ August, ~ 993 pneon t:++l ~ . i>,r~srtry rf 9tte 2~: ~o.--. 1~•a.ol c Nd o.r..ro,i• ati~~nna ~•nS•r~ DM FCI J ; • • . fi/r e3~.G; J?~"~ aRTICLEb OF MERGER OP ~ p, ~ GREaTBR PORT ST. LIICIB ARBl1 Cli]1MSSR OF 'COMM;: Z1iC.; O G.O. TBaM, IIiC.; 11N0 FORT PI8RC8/ST. LUCIB dOtR~Y•: O CFtaMBER OF COlWERCB, INC. INTO ~ so ST. LGCIS COUNTY CRaItBER OF COMMERCE, INC. Pursuant to the provisions of Section 617.1105 of the C Florida Statutes, the underaigaad corporations hes:eSy adopt the W following Articles of Mergers. ~ aAT2 •F,, I - PLA!3 OF lLRSEA OI The Plaa of Merger of Greeter Port St. Lucia A.t~ea. ~ Chamber of Commerce, Inc., anon-profit Florida wzporstioa, G.O. a • T¢am, Inc., atwo-profit Floridn corporation, aad,Port Yierca/St. Lucie County Chamber of Commerce, Inc:, a nos-prntit corporation into St. Aucie Chamber of Commerce, Inc., a aoa-profit Florida ~ • corporation, is set forth bslowa W •i. Greater Port St. Lucie area Chamber of W Commerce, Inc., anon-profit Florida corporation, G.O. W Team, Inc., anon-profit Florida corporation, and Fort • Pierce/St. Lucie County Chamber of Coawerce, Inc., a t ~ nos-profit corposati.oa shall merge with sad into St: • Lucie County Chamber of Cotaeerce, inc., a aoa-profit Flosida Corporation, with St. Lucie County Chamber of Coomsrce, Inc. as the surviviaq corporatiop. 2: Upon the aousummetion of the taerger of Greater Port St. Lucia area Chawbor of Commerce, Inc., G.O. Team, Inc., sad Port Pierce/St. Lucie County Chaasber of Commsscp, Inc., into St: Lucie County Chamber of Commerce, Inc. the separate existence of Greater. Port St. Lucie Area Chamber o! Coemesce, Inc., G.O. Teas, Inc., and Fort Pierce,/St. Lucie County Chamber of Coamerca, Inc. shall cease. The St. Lucie County Chamber of Commerce, Inc., ae the ausviviag corporation, sha21 continue to exist by virtue of the laws of the State of Florida. The title to all propmrty of every description, whether reel os personal, and all tnteseate, rights, privileges, pores and franchises of bt. Lucie County Chamber of,Commesre, • Inc. shall nos be affected by the merger and upoa~the mQSger, St. Lucie County Chamber of Commerce, Ihc. without furtAes act or daed'aad without revereioa or impaitraent, shall own crud possess all the property of every deecrigtioa~ real or personal, and ell interests, rights, privileges, powers and franchisee of 6raater • Port St. Lucie Area Chamber of Commerce, Inc:, G.O. Team, • Inc., sad Port Pierce/5t. Lucie County Chamber of Commerce, Inc. prior to the cerger as provfded in S6I7.2106 of the -r Ym .s.. ~ _ _ _ } i ~ ~ r• : • r t. ~ ' ~ ~ Plorida Statutes. Further, as provided in 8617.1106 of the Plorida Statutes, all rights of a;editors and nny person or persona denlinq with Greater Port St. Lucia Area Chamber of Commerce, Inc., G.O. Team, Inc., Fort Pierce/St. Lua1e p County Chamber of Commerce, Inc. and St. Lucia County p Chamber oY Commerce, Sac. shall be presezved and remain unimpaired by the merger, all liens upon the properties of Greater Part Bt. Lucie Urea Chamber of Commerce, Inc., G.O. ~ Tsam,~Inc., Fort Pierce/St. Lucie County Chamber of Commerce, Inc. and St. Lucie County Chambsi of Cosmisrce, d Inc. shall be preserved.and remain unimpaired by the merger,' ~ and all debts, liabilities, obligations and duties of V Greater Port St. Lucie Aran Chamber of Commerce, Inc., G.O. ~ Team, Inc., Fort Pierce/St. Lucie County Chamber of Commerce, inc. sad St. Lucia County Chamber of Coamwrce. Inc. shall henceforth attach to St. Lucie County Chamber of v Commerce, Inc. and may be 4nforced against St. Lucie County Chamber of Caswesce, Inc. to the sacs extent as if such m . obligations cried duties has bean incurred.Dy Greates Port St. Lucie Urea Chamber oP Commerc®, Inc., G.O. Team, Inc., Fort p Piesce/St. Lucie County Chamber of Commerce, Inc. sad St. ~ Lucie County Chamber of Comserea, Ina. Aelditionally, any ~ ssisting claim or action or proceeding pending by or against Greater Port 5t. Lucie Area Chamber of CammerCer inc., G.O. A. Teeot,.Inc., Fort Pierce/St. Lucie County Chamber of Commerce, Inc., or St. Lucie County Chamber of Commerce, ( j Inc, may be continued as if the merger did not occur ar St. Lucie County Chamber of Commerce, Inc. may be substituted in each proceedings for Greater Port St. Lucie Area Chamber of Commerce, Ina., G.O. Team, Inc., and Port Pie~ece/St. Lnela .County Chamber of Commerce, Inc. 3. The Articles of Incoiporntion of SL. Lucie County Chamber of Commerce, Inc. in effect at Lhe lime of the merger shall remain unchanged ns a result of the merger and shall continua as the Articles of Incarporatlon of St. Lucie County Chamber of Copmsrce,. Ina.- 4. Upon the consummation of the merger described hereinabove, the members of such of the foregoing carporationa ahnll beeooe'seabers of the surviving ' corporation, St. Lucie County Chaaber of Commerce, Inc. ae governed by the 1rticles of Incorporation and 8y-laws thereof. 5. Th: effective elate of the uerger shall be as . of the let day of October, 1993.• ~ r _z_ . _ _ _ _ _ _ _ _ _ ..t.i........... 'n.i......+. n r. nnrin ~ .nn ~ ~ nM ccT ; , ~ . f~', .•t~ i. .1~ ! t b• 1 ~ _ 1' ~ i ~S . t~• ,Y;S ~ aR__ TIr~ II - ~HDPT DN' OP ~]~N OP MPEtGBR . • The Plan of Merger xas approved by the maiebera and the ~ , directors of Greater Port St. Lucie 7~rea Chamber of Cosoerae, Znc. an July 30; 1493, by s vote of the ambers, xhich•is anfficleas far approval of the Plan of Merger= of c.O..Teem, . Inc., on llsy 19, 1993, by a vale of the ambers, rhich is x anfficient for approval of the 'Flan. of•Merger= of Fart Piesee/St. Lucie Conaty Chaeber of Cwuoerce, Znc. on xny 26, 1993, by a vote Q of the Berbers, xhich is sufficient for approval of the Plaa of ~ xorgar= and of St. Lucie County Chamber of Commence, Ina. on June V , 30, 1993, by a vote of the reebera, vhich is sufficient for Q approval of the Plan of Merger. AR?~Ci•~,„IZI - Sp„p$~IVS DaTS OP tlERGSR > • The affective date of the Merger shall be es of the let m ~ dap of October, 1993. . a D1?TBD this• 16th day of August, 1993. GRE]ITER FDRT ST,. Id)CI8 aRE7? CIi11MB8R a OP CO!lMERCE, sec. a Ro erta, Jr. t ~ Vice-President G.O. T87US, INC. 9y+ c c n , Pros eat PART PIBRCS~ST. LpC28 COInITS ' C8Ni88R OP , IeC. Byt M chore I[ A, vice-President 1 - 3 ~...r~,.,.,~~ c4lomnArY or~~t~+• ani~nno i•DS•n PM FST . ~ ~ ~ ' ~1 ' \ _ _ ~ +i ST. LUCIS COUNTY CHAMBSA OF • ~ ~ CO!lZ18RCB, INC. • p . By: fi c eel M ton, Vice-President STATE OF PLQRIDA O COUNTY OP,ST. LUCIB v . The foregoing instrument ores acknowledged before me this /Ie~IL dap of August, 1993, by J. Hal Roberta, as Vita Pzesi t of cireates Port St. Lucie Area Cheater of Coaaerce, ~ ! Inc. a Florida corporation, on behalf o! the ~ perwn did not take an oath and (check one) R is~persa ~ly~]oacan 'A" to say O psoduoed a driver's lieease (issued by a state of the United Ststea eithin the last five (5} years} as identification, 0 or O produced other identification, to W • rit: ~ Q ~ int Namet ftaf ei~s,~t~ +gi ( Notary t'Y>~e. State of Florida Notary YuDilc, state of Flom` !iy Caps, Aua. 6, 1494 Commission No. t Co (bola.Iia.CC(116386 ky Cowuisaion 8apiress i STATE OP FLORIDA COUNTi OP ST. LUCIB ,The foregoing instxvment was acknotrledged before me' this day of August, 1993, by Jack Crahen, as President of G.O. R4aam, Inc., a Florida corporation, on behalf of the corporation. Said peraoa did not take an oath and (check one) is peraonnllq latoMn to see, O produced a driver's license (issued by a state of the United States within the last flue (S} years) aa•idantificatioa, or 0 prodneed other identification, to vitt Yx nt Raeet t Notary Public, State o Flor Coasaisaion No. s C.C.C1R0fn/~ Ny Caamiasion Btcpireat . ` ' , . • `j Y~ ~ • f(~ ' , i • ~ . STATS OP FLORIDA • COONTY OP ST. LUCIS • o The foregoing instrument ras acknoxledged before sie a this 1b day of 1?uqust, 1943, by lsichpel D. Minton, as Vice Prasi nt of Port Pierce/St. Lucie County Chamber Of Caoearce, x . Inc., a Florida corporation, on behalf of the corporatioa. Said person did not take an oath and (check one) M'"is personally kno~m G to me, 0 produced a driver's license {issued by a state Of the United States xithit? the last five {5) years) as identification, O) or O produced other idantificatian,,to ~ rit: ~ Yd` Pt t Namei.[wrbe _ ~ b ' Notary Public, Stets ~ Tlorida p' ' Coseaiasion No: z 7e MY Commission L . IO6liTa5NCilt ~ AlgtlllWCaTA7E0F STJITB OP PL4RIDA ~ V COUNTY OF ST. LUCIB t~~ The foregoing inetroment,xns ncknoxledged before ma , • this day of August, 1943, by kichnel D. xinton, as Vice President of St. Lucia Cawztq Chamber of Commerce, Inc., a Florida corporation, oa behalf of 'the corporation. Said person did net take aa•cath and (chsct one) ET is peraonalip knpxn to ma,. O produced a driver's license (issued by s state of the IIaited States rithin the last five (3j pears) na ideatilicatlo~, or D produced other identification, to vitz D T .,~.R..w.~ctJc: . ~ Pt t Namez_J ns Notaty'Public, State O tot a Cosaaission No, z gp Comsiasioa Sxpirest Not~RAS7C~ ~oC~ { i wn..ewc+we.~.ev:...r ..5_ EDY~IN M. FRY, Jr., CLERK OF T8E CIRCUIT COZ7RT -GAIN! LVCIE CCrJNTY FILE $ 3291873 OR 900K 3004 PAGE 983, i3aaoxdad 12/18/2008 at 03:44 P!2 Doc Taz: $0.70 This iaetrwnent Prepmr~d By. DE11t413 O. CORIUCK, BSQ. Dcmf, Mead, AtimOOa & Zwemer 190:3 ttouth 15th Sheet, Suite 200 port F&rloe. Florida 34947 Tax Parcel IDNo.2416-504-0781-000-8 OIIIT t,I.AIM DEED THIS QUIT CLAIM DRIED is trade as of the L day of November, 2008, by ST. LUCIR COUNTY CHAMBER OF COMMERCE, INC., a Fiorlda rorporatton sot for proilt, anceessor by wergea'to Fort Piert:aJSt. Lade. Coaaty Ci~rtasber of Camraer'oe, Iat:, whose post oiBce address is 1850 Sw Fotrmaiaview Boulevard, Smte ZOI, Putt 3t. Lame, Florida 34986 ("(3~of 7, ~'I'~ ~ OF FORT PIERCE, a Fbrlda municipal corporation, whose post aB'ioe address is I00 North US Highway t, Fort Pienx, Florida 34950 (°Orantee'~. (Wheat:ror tired tsreia, the terms "Gra»tor" sad "Graalee" lacfada as rte ptrtlee Zo ttb luetraoieat sad tte hs4e, Perwnd rapreseatatives sad aadps of lodivtdaaie and the sauenors amt toipu of corporations, lpolted NatUk1 eampsala. D~~~ ~eraseabt and quad-Soviramnlal adllfM.) ~VITNESSETB~ THAT GRANTOR, tot and in coa9idaHion of the sum of Tea Dollars {510.00) and other valuable oonsideratioa, the rt~eipt and suifiicieacy of whidt is hereby ac]mowledged. by these pceseata does groat, bargain, sell, alien, remise, nleeae, convey sad coafttm m?to Oraatee, air of the right title and Lttetest which Crraator bas is and w that txttain ptucel of not pmptxty (rho "Land"} situate in SL Lucid County, Florida and•more particularly dtsicn'bed as foliaws: C.ommeacittg st the Southwest corner of Block 158, LAwt3WO0D pDDItTON, a9 per plat thereof in Plat Book 2 at'Page 16 of.tbe Publie Records of St Lucie County, Florida, run East along the South iiac of said block; for a of 254 feet for a point of beginning; $om said point of begimoirsg, ~wndmu abag . the South line of Block.158 far a dieteace of 200 feeq tbanca tun North on a lira para[ltl to the West boundary of Block 158 for s distance of 250 Beet; ti>caco taro . and rue west along a tine parallel to the Soutlt boundary of Black 1 s8 ter a distance of 200 feet; thence rum south and rue along a line parallel to the west . boundary of Block 158 to the point of beginning. TOGETHER WT['H ell rim teaemeata, hereditftmeata trod ~ tha~eto belonging or in anywise appertaining. TO HAVE AND TO HOLD the ~ In fa simple forever. TITLE NOT E7CAbIIl~A BY SCRIVENER l rOWM63r1 . n. n r„ ~ nn~o~ aana t.~f 7 Created 8v: eklempert Printed: 3/30/2009 3:20:99 OR 800K ~ 3044 PAGE 98d SUB7EGT TO outstanding tbal property texts and to easenux~ta, irstricdoas.. agreements, rnacHdons, litnitatiooa. ieservatians sad other mattes of record, if rmy, but this • reference to restdaions shaII atx operate to reimpose the same. IN WiTN&SS WHEREOF, the party referred to above es Crrantor has ceased this inspntinent to be executed and delivered in its name ate has irs<eaded rho same to be and become effecdve as of the day end year first above written. S' and delivered is thp`p eace oP ST. LLICIB COUNTY Ci`iAIv1BER OF otwi ~ v not fh+~ RCE. 2NC.~ a Florida corporation Print o itnac By: a Cox, Pmaideuyi ~ron~o/1 r-. PrlatNaauorwtmac {Corporate5eal waa~~` ~ • o.~ar~o~ c i7 a, ~ ~.c+ V tiro s STATE OF FIA1tiDA , ' ~'E,"~~R7• B• COT7NTY OF ST. LUCIE The foregoing inshurneut was actmowledged befom me this day of Novesnber120Qg. • by I.anda Cax, as Fresideat/CP.A of 5t Lucie Chamber of Camnnerce, lne., on behalf of said corporation, Said person (ctrec]t one) peraoaally Irrmwn tti me. ~ gtoduoad a driver's license (tarried by a state of the United 5tatra within the five (S) year's) as ikon, or O produced other idontification, to wit; ' t Namb: fi~ ~ Notary Pablic; Statg of Florida ~a,T,ywr.p~+'" CanmiasianNo,: 9 My Commission 13xpires: • 2 woea~c~t • - - ~ ..c ~ r..,-,«..a a.- n6~e.....,e.F os.,?o.1. vronl9nno 4•~n•aS DM FCT Item No. III, QOARD OF - ~ COUNTY COUNTY ~ ~ ATTORNEY COMMI SS I~O N ERS • Daniel s. McIntyre Heather Young ASSISTANT COUNTY ATTORNEY Kotherine Mockenzie-Smith ASSISTANT COUNTY ATTORNEY Heather Sperrozza Lueke ASSISTANT COUNTY ATTORNEY April 1, 2009 Robert G, ~ Esquire Fort Pierce City Attorney City Hall P. O. Box 1480 Fort Pierce, Florida 34954 RE: Jetty Park Dear Rob: As a followup to our brief discussion on Mondny concerning Jetty Park, Ispoke-with Richard Bouchard, the County's Erosion District Manager. Mr. Bouchard confirmed that the County would like to continue to have the ability to use "St. Lucie Court" for access and staging for beach restoration/renourishment projects. I am open to suggestions as to how to accomplish this goal. Since ly, Daniel S. McTntyre County Attorney DSM/caf Copy to: County Administrator Public Works Director Erosion District Manager James Walker, Esq. CHRIS DZADOVSKY, Dlsrrfcr No. 1 DOUG COWARD, Dlsrricr No, 2 • PAULA A. LEWIS, DlsrriU No. a CHARLES GRANDE, DiSrrict No. 4 CHRIS CRAFT, Disrna No. S County Adminiurotor - Foye W. Outlaw, MPA 2300 Virginia Avenue • Ft. Pierce, FL 34982-5652 • Phone (772) 4b2-1441 FAX (772) 462-1440 • TDD (772) 462-1428 ` Item No. III. t30ARD OF ~ COUNTY COUNTY ~ ~ • ~ ATTORNEY COMM1 SS i O N E RS Daniel S. µclntyre Heather Young ASSISTANT COUNTY ATTORNEY ` Katherine Mackenzie-Smith ASSISTANT COUNTY ATTORNEY Heather Sperrozzo t_ueke ASSISTANT COUNTY ATTORNEY March 18, 2009 Robert V. Schwerer, Esquire Fort Pierce City Attorney City Ha11 P. O. Box 1480 Fort Pierce, Florida 34954 RE: Exchange Agreement -Jetty Park/Chamber of Commerce Building Dear Rob: Thank you for your letter of March 16. Enclosed are copies of legal descriptions and aerial maps depicting the parcels referenced in your letter. Please note .that the County will need to retain an easement on the Jetty Park parcel allowing the County to use the parcel for beach restoration and inlet and spur jetty maintenance projects. The County has obtained quotes to perform title searches of the parcel. Sincer ly, Daniel 5. McIntyre County Attorney DSM/caf Enclosure Copy to: County Administrator Public Works Director Erosion District Manager Property Acquisition Manager CHRIS DZADOVSKY, Dtsrricr No. 1 DOUG COWARD, Disrricr No. 2 PAULA A. LEWtS, Disrrlcr No. 5 • CHARLES GP.ANOE. Dtsrrict No. 4 • CHRIS CRAFT, Disrricr No. S County Adminlmora -Faye W. Chirlow, lvtPA 2300 Virginio Avenue • Ft. Pierce, FL 34982-5652 • Phone (772) 462-1441 FAX {772) 462-1440 • TDD (772) 462-1428 PARCELS OWNED 8Y THE CITY of FORT PIERCE ABUTTING LAWNWOOD REGIONAL PARK Parcel ID 2416-504-0772-000-2 -Northeast corner of South 23"~ Street. and Virginia Avenue . LAWNWOOO ADDITION THE SOUTH 25 FEET OF THE WEST 250 FEET OF BLOCK 135 AND THE WEST 250 FEET OF BLOCK 158 AND THE WEST 250 FEET OF VACATED UTAH AVENUE LYING BETWEEN BLOCKS 135 AND 158 AND THE WEST 250 FEET OF VACATED ALLEY IN BLOCK.158 - LESS VIRGINIA AVENUE AND LESS AS IN OFFICIAL RECORD BOOK 588, PAGE 254. Parcel ID 2416-504-0781-000-8 - Oid Chamber of Commerce site COMMENCING AT THE SOUTHWEST CORNER OF BLOCK 158, LAWNWOOD ADDITION, A,5 PER PLAT THEREOF TN PLAT BOOK 2 AT PAGE 16 OF THE PUBLIC RECORDS OF ST. LUCiE COUNTY, FLORIDA, RUN EAST ALONGTHESOUTH LINE OF SAID BLOCK, FOR A DISTANCE OF 250 FEET FOR a POINT OF BEGINNING; FROM SAID POINT OF BEGINNING, CONTINUE EaST ALONG THE SOUTH LINE OF BLOCK 158 FOR A DISTANCE OF 200 FEET; THENCE RUN N012TH ON A LINE PARALLEL TO THE WEST BOUNDARY OF BLOCK 158 FOR A DISTANCE OF 250 FEET; THENCE TURN AND RUN WEST ALONG A LINE PARALLEL To THE souTH BOUNDARY of BLOCK 156 FOR A DISTANCE OF 200 FEET; THENCE TURN SOUTH AND RUN ALONG A LINE PARALLEL TO THE WEST BOUNDARY OF BLOCK I58 TO THE POINT OF BEGINNING. 5:\ACQ\WP\JOAnn\City of Fort Pierce\Legal for Chamber parcel(s).wpd ~ _ ~ ~ 13 H16L S ~ G ~ Q ~ . a~: 'tT s o ~ ~ _ s~~ ~ acv cn ~ c O . _ . ~T !Z P _ . ~ ~ . . C d O S - z. . rc ~ ~ 'f4' ~ ttf o J. _ z ~g o ~ o~ .~s ua~z s . . ~ ~ ~ a~~ a~ ~ E ~ ~ o r I 3 f I t , , I ~'E , k v' A, pF y I - f:':a ~ ~ ~ lj ' I 1 w, v ' ~ 1 ~t.,,~. i' ti ,I t - ~ x~. ' ~ a, ~ i _ ! i ; LL ~ ` r ier f ~ ~ t I ~.t ~ i~~~ i I n ~ p S7 `Y ~ I k I c ~ _ - _ - .b,i - ~'i.~7SR ti BSI 47+~c''y ~ ~ ~ - E ~ ' f:~ ~ i is d5. 1 41 i r ~ F l ` ~ I ! ~ ' ~ ~ t r. _ _ ff z'4~~~ ~ Imo,' .h' ` - - ~ L I I ~ I ~ ~ ~ L7 „ ~ ~ ~ . I ~ ] ~t ~`a ) i r~ r I ~ i ~1 ~ ~ I i 1 ~rk ~i t C1 IE a~{. J I ~ 1 i+wa~ I ~ E~~ t ~ t r . _ r _ 1 ~ ' . - ..r 1 4 r , J ~Yi,.r' ~ ~ t 't'= a J ! ? 'yrr~fG I ~ _ I ~ ~ l~ _ ~ ~ _ ~ m sa ~u ~ i _ } ~r. Y _ 1 a M1,:~.. ' - ,,.~-ter i... a v SOUTH JETTY PARK Parcel ID 1436-343-0003-000-7 COMMENCE AT.THE QUARTER SECTION CORNER ON THE SOUTH BOUNDARY OF SECTION 36, . TOWNSHIP 34 SOUTH, RANGE 40 EAST, FOR POINT OF REFERENCE.. FROM SAID POINT.OF REFERENCE RUN NORTH 0 DEG. 03 MIN. 0~ SEC. WEST ALONG THE BOUNDARY LINE OF GOVERNMENT LOTS NOS. 4 AND 5 A DISTANCE OF 297.3 FEET TO A' POINT; THENCE NORTH 82 DEG. 58 MiN. 27 SEC. EAST A DISTANCE OF 450 FEET MORE OR LESS TO THE NORTHEAST • CORNER OF LOT 1, BLOCK 4, FORT PIERCE BEACH SUBDIVISION, A SUBDIVISION IN SECTION 36, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 8, PAGE 29 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, FOR THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING THENCE NORTH ALONG THE EAST BOUNDARY OF SAID LOT 1, BLOCK 4, FORT PIERCE BEACH SUBDIVISION, EXTENDED 85.28 FEET MORE OR LESS, TO THE MEAN LOW WATER LINE OF THE FORT PIERCE INLET; THENCE EASTERLY ALONG THE MEAN LOW WATER MEANDER LINE OF THE FORT PIERCE INLET 680 FEET, MORE OR LESS, TO THE MEAN LOW WATER LINE OF THE ATLANTIC OCEAN; THENCE SOUTHERLY ALONG THE MEAN LOW WATER MEANDER LINE OF THE ATLANTIC OCEAN TO A POINT OF INTERSECTION WITH . • THE EXTENSION EASTERLY OF THE NORTH BOUNDARY OF SAID LOT 1, BLOCK 4, FORT PIERCE BEACH SUBDIVISION; THENCE WEST 646.4. FEET, MORE OR LESS, TO THE POINT OF , BEGINNING, CONTAINING 1.45 ACRES, MORE OR LESS; EXCEPTING AND RESERVING THE . NORTH THIRTY-FIVE FEET (35`) OF THE ABOVE DESCRIBED LAND. • S:\ACQ\WP\JOAnh\City of Fort Pierce\I.egal for Chamber parcel(s),wpd cou~~iy~ • ~ L n {t V U q- ~ .1 ?J• ~ t ~~a . 1 d~ ji a ~t/'~7~yyse~~~t~-rM~( {y: ,rk` _ r ~ r~ s.a t; r . ' . ~ - _ ~ k i t . n,....Y-~..... .,,.r i 7 ~ `~~r~~V~~~'~ ~ CEO ,x.-^.."":`.` s+ _ ~ L ~ , ~ ~ ~ S ` 9' L~{ ~ - t N; q7 ~l ~ ` ~ ~ ~ ~ South Jetty Park w~c Februzry 2009 _ 0 ms's Z50 Fed ~ ~ ~ . ~4 ~+f ~ ' y U.S.A. + r 5.~•~ St Lucie County Ft Pierce Ft Pierce F4 Pierce ;i SEAWAY i}R - t N Yom` , 5~ i'~a i 3+~~ ~ • y.. . ~i` ( ~ M h ~ i Y' lR C'° sP ' l:~ 3 ~ Fri. ~~M ~-~,~~'~`„~ro~*~`':v~;~ .''mss , Agenda Item #!!t s~NR s~ ~ ~ p ~ ort ca _ ctT~ OFFICE OF THE CITY ATTORNEY TEL. (772) 460-2200 CITY HALL, 100 NORTH U.S, 1 FAX (772) 486-5492 P.O. BOX 1480 FORT PIERCE, FLORIDA 349547480 iViay 12, 2009 www.cityoflortpierce.com Via Fax (462.1440} and Regular Mail: Daniel S. McTntyre, Esq. St, Lucie County Attorney 2300 Virginia Avenue ~ Fort Pierce, FL 34982-5652 'Re: Exchange Agreement -Jetty Pazk/Chamber of Commerce Building Dear Dan: ~ ~ . Please find attached a re-draft of the proposed Exchange Agreement in the above matter which incorporates, for the most part, your comments and suggested revisions that were set out in your April 13 and May 1 letters. The only revision we were unable to accommodate involves your requested change to Paragraph 4(b) as it applies to deleting that portion of the last sentence concerning the County's use of the unopened portion of St. Lucie Coi>rt "provided the area is available at the time." The City has in the past considered having this area improved and incorporated as a beach access with conceptual site plans that have been submitted by developers for the adjoining property. It would appear to file City that the Exchange Agreement is now in final form with the exception of the legal description of the Chamber of Commerce building property. After checking with the City Commission as well as the City Manager, I am told there was no intent to include the parking tot parcel which is the Northeast corner of South 23'~ Street and Virginia Avenue in this agreement. The parcel that the City intended to exchange was limited solely to the Old Chamber of Commerce Building site (Parcel ID 241fr504-0781-000-8). There should be discussion in the minutes of the joint meeting to this effect. Accordingly, if that is not the understanding of the County Commission, then they should discuss it directly with the City Commission at the upcoming joint meeting. Otherwise, the agreement would appear ready to be signed. S:1City AttomeylCurrent Filo FoldersVetty Park~hamber of CommereeV.dtasWlci~yn, Daaie131pp w~change agcmt OS-12-09.doc i Daniel S. Mc1<ntyre, Esq. May 12, 2009 Page 2 If you have an uestions, please let me know. Very 1y yo , Robert . Schwerer, q. City Attorney Apra Enclosure cc: Fort Pierce Mayor & Commissioners David L. Recor, City Manager John R Andrews, City Engineer Robert Hood, Director, Public Works S:4City Attomey~Current File FoldasVetty PukN~ember of ComoMxcelLetleeslMclnlyro, Dtniel Sipp cxehange agtrtR OS.12-09.doo i AGREEMENT BETWEEN THE CITY OF FORT PIERCE AND ST. LUCIE COUNTY TO EXCHANGE REAL PROPERTY THIS REAL PROPERTY EXCHANGE AGREEMENT (hereinafter "Agreement") is ertered into by and between THE CITY OF FORT PIERCE, FLORIDA, a municipal corporation, whose address is 100 North U.S. Highway 1, Fort Pierce, Florida, 34950 (hereinafter "City"), and ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter "County"), whose address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982-5652, WITNESSETH: WHEREAS, the County is an owner of a parcel of real property (henceforth "South Jetty Parcel") situate and being in St. Lucie County, Florida, depicted on the sketch and photograph attached hereto as Exhibit "A", consisting of two pages, and described more particularly as follows: Parcel 1D 1436-343-0003-000-7 Commence at the quarter section corner on the South boundary of section 36, Township 34 South, range 40 East, for point of reference. From said point of reference run North 0 Deg. 03 Min. 02 Sec. West along the boundary line of government lots nos. 4 and 5 distance of 297.3 feet to a point; thence North 82 Deg. 58 Min. 27 Sec. East a • distance of 450 feet more or less to the Northeast corner of Lot 1, i Block 4, Fort Pierce Beach Subdivision, a subdivision in Section 36, Township 34 South, range 40 East, St. Lucie County, Florida, as recorded in Plat Book S, Page 29 of the Public Records of St. Lucie County, Florida, for the point of beginning. From said point of beginning thence North along the East boundary of said Lot 1, Block 4, Fort Pierce Beach Subdivision, extended 85.28 feet more ar less, to the mean low water line of the Fort Pierce inlet; thence Easterly along the mean low water meander line of the Fort Pierce inlet 680 feet, more or less, to the mean low water line of the Atlantic Ocean; thence Southerly along the mean low water meander line of the Atlantic Ocean to a point of intersection with the extension Easterly of the North boundary of said Lot 1, Block 4, Fort Pierce Beach Subdivision; thence West 646.4 feet, more or less, to the point of beginning, containing 1.45 acres, more or less; excepting and reserving the North thirty-five feet (35') of the above described land. WHEREAS, the City is the owner of true g parcels of real property (hereinafter selleEti~ely~ "Old Chamber of Commerce P-a~eels Building Parcel") situate and being in St, Lucie Courny, Florida. The parcel is depicted by on the sketch and photograph attached hereto as Exhibit "B", consisting of two pages, and are more particularly described as follows: r a ,al,r:s:,,.. s~,,, c~,,.,ss. ~c t .,s 0 s!, xx/ s ~cn r a r nt ~ ~iririairvvcr~ :ccrvr-cue--.rcac~a. v-~zcc-vr~rxaacrc i2C ..~I ll,~ \Y~/,. * ^1Cn ..4 .,r i)1 1 4CQ .1 N. ~xl s ~1CA r a e 7 Parcel ID 2416-504-0781-000-8 -Old Chamber of Commerce Building site Commencing at the Southwest corner of Block 158, Lawnwood addition, as per plat thereof in Plat Book 2 at Page 16 of the public records of St. Lucie County, Florida, run East along the South line of said block, for a distance of 250 feet for a point of beginning; from said point of beginning, continue East along the South line of Block 158 for a distance of 200 feet; thence run North on a line parallel to the West boundary of Block 158 for a distance of 250 feet; thence turn and ran West along a line parallel to the South boundary of Block 158 for a distance of 200 feet; thence turn South and run along a line parallel to the West boundary of Block 158 to the point of beginning. I WIiEREAS, the County and the City wish to exchange their respective parcels of real property described herein (known respectively as the South Jetty Parcel and the Chamber of Commerce Parcels}. NOW, THEREFORE, in consideration of the mutual covenants, representations, warranties and agreements herein contained, the parties agree as follows: 1. PROPERTY AND APPURTENANCES: The properties, as more particularly described herein, are to be conveyed together with all tenements, hereditaments and appurtenances thereunto belonging, all of which shall be deemed part and parcel of the properties. 2. FEASIBILITY DETERMINATION: Each party shall have 20 days from the effective date hereof to determine the feasibility of the exchange (hereinafter "Feasibility Determination"). During the Feasibility Determination Period, each party may undertake, at their respective expense, such physical inspections, tests and other investigations as may be deemed necessary in order to evaluate the feasibility of the exchange of parcels. For purposes of undertaking physical inspections, tests or investigations of the properties, each party grants to the other, its agents, and 2 professionals engaged by such parties, the right to enter upon the other party's parcet(s) and any part thereof during the Feasibility Determination. The presence on the party of such personnel shall be only for the purpose of conducting such inspections, tests or investigations as are necessary to make the assessments which are within the scope of this Agreernenl, and no other personnel activity shall be permitted. Any alterations or changes to the properties that are a direct result of the inspecting, testing and investigations rvi11 be repaired and replaced by the offending party if a closing does not occur. Each party indemnifies the other against any loss or damages to the other party's parcel(s) arising out of, or in connection with, any inspection, testing or investigation of the property. The indemnification shall not cover any loss or damage due to preexisting conditions, problems or deficiencies of the property thai are discovered through the inspection, testing and investigation authorized herein. The decision as to whether it is feasible to exchange parcels shall be at the sole discretion of each party. If either party determines that it is not feasible to exchange parcels, then that party may terminate this Agreement by giving written notice of termination to the other party prior to the expiration of the Feasibility Determination. 3. TITLE EVIDENCE: Within l0 days of the effective date, as hereinafter defined, each party shall cause a thirty (30) year title search and a commitment for title insurance to be issued for the property they own and provide the other with a copy of the same. Each party shall have until the expiration of the Feasibility Determinations Period to examine the search and commitment delivered to them and to notify the other party in whiting specifying any objections which would render title unmarketable in accordance with current Uniform Title Standards adopted by the Florida Bar (hereinafter "Title Defect"). The notified party shall have until the closing date to remove such Title Defect, but without obligation to bring suits therefore, or to expend any funds in the removal of such Title Defect, and if the notified parties are unsuccessful in removing same, the other party shall have only the options of (a) waiving such Title Defect and accepting title as it is, or (b) terminating this Agreement, or (c) entering into any resolution which may be mutually acceptable to the parties. 4. I~STRICTIONS. EASEMENTS. AND LIMITATIONS. The parties shall take title subject to: zoning, restrictions, prohibitions and other agreements imposed by governmental authority, restrictions and matters appearing on the plat or otherwise common to the subdivision, public utility easements of record, zoning classifications and such other provisions of governmental regulation as are applicable. But any other provision herein notwithstanding, it is nevertheless agreed by the respective parties as follows: (a) Reverter. The properties herein to be exchanged are to be used henceforth by their respective owners solely for public purposes and in the event the substantial, predominant use to be made of such property is for a use other than a public purpose, then, in that event, such property shaIl revert to the original owner thereof as subject to this Agreement, the Jetty Park Parcel reverting to . the County or the Old Chamber of Commerce Building Parcels reverting to the City, as the case may appear. 3 (b) Easement in Favor of County. The County shati retain an easement for access to and on the South Jetty Parcel, which easement is to allow the County to use such property for beach and inlet activities such as beach and dune restoration and inlet and spur jetty maintenance projects. The City also agrees that the County may continue to use that portion of the unopened "St. Lucie Court" for access and staging for beach restoration and re-nourishment consistent with past practices, provided the area is available at the time. Except as otherwise disclosed in this Agreement, each party, with respect to the parcel(s) it is conveying, represents and warrants to the other as follows, which representations and warranties survive closing: (a) That it has good, marketable fee simple title to, and is in possession of, the parcel(s), free and clear of all liens, security interest and encumbrances, excluding only those: (i) Which will be satisfied or released at closing; and (ii) To which the other party's title shall be subject as otherwise provided in this Agreement; {b) That there is ingress and egress to the parcel(s)/ (c) That there is no litigation or proceeding pending or threatened against or relating to the parcel(s). (d) That it has full power and authority to enter into and perform this Agreemen# in accordance with its terms and the completion of this transaction will not violate any law, regulation or agreement affecting it or the pazcel(s) it is conveying. 5. POSSESSION: Possession of the property shall be delivered at the time of closing. b. AS IS: Subject to the specific representations, warranties and disclosures contained in this Agreement, the property is conveyed "As-Is", "Where-Is" and "With All Faults" as of the closing date. Each party has, or will inspect the parcel(s) being acquired and is familiar, or will become familiar with, the physical condition thereof 7. CLOSING: {a) Closing Date: The closing of this Agreement and the transfer of title and possession of the property, shall occur within 30 days after the expiration of the Feasibility Determination Period (hereinafter "Closing Date") and after any required public hearings have been held unless otherwise extended by the 4 i terms herein. Closing shall be held within the County at a site agreeable to the parties or by mail. (b) Conveyance: Conveyance of the parcels shall be by Special Warranty Deed from the City, and by County Deed in accordance with Section 125.411. Florida Statutes from the County. (c) Documents for Closing: The closing agent designated by the County shall prepare the closing documents including, but not limited to, the Deeds, the Ownership and Lien Affidavits, the Certificates ofNon-Foreign Status, and the Closing Statement. (d) Allocation of Eanenses: Each party, with respect to the parcel(s) it is acquiring, shall pay the cost of recording the deed. Each party, with respect to the parcel{s) it is conveying, shall pay the cost of recording corrective instruments. Each party shall pay its respective attorney's fees. 8. DEFAULTS: (a) Notice of Default: No default as to any provision of this Agreement shall be claimed or charged by either party hereto against the other until notice thereof has been given to the defaulting party in writing, and such default remains uncured for a period of five (S) business days after the defaulting party's receipt of such notice. (b) Itemedv for Default: If either party defaults on its obligations under this Agreement, without fault on the part of the other party, the non- defaulting party may terminate this Agreement, or alternatively, may seek specific performance against the defaulting party. Both parties agree that any action for specific performance shall be commenced within ninety (90) days of the occurrence of default or be forever barred. Under no circumstances shall either party have any claim or right of claim against the other party for monetary damages, including attorney's fees. 9. MISCELLANEOUS: (a) Binding Effect: Successors and Assisns: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns, if any. (b) Assignment: This Agreement may not be assigned except upon the prior written consent of the other party. (c) Captions: The caption for each paragraph or subparagraph of this Agreement is for convenience and reference only and in no way defines, S I I I describes, extends, or limits the scope or intent of this Agreement, or the intent of any provision hereof. {d) Severability: If any provision of this Agreement, the deletion of which would not materially adversely affect the material benefits receivable by any party hereunder or substantially increase the burden of any party hereto, shall be held to be invalzd or unenforceable to any extent, the same shalt not affect in any respect whatsoever the validity or enforceability of the remainder of this Agreement. (e) Execution of Documents: Each party hereto covenants and agrees that such party will at any time and from to time do such acts and execute, acknowledge and deliver such documents, including corrective instruments, reasonably requested by one party of the other party, or their counsel, necessary to carry out fully and effectuate the exchange contemplated and to convey good, marketable and insurable title to the property and all parts thereof. (f) Duplicate Execution: The parties shall execute two (2) copies of this Agreement, so that each may retain an anginal copy thereof in its official records. {g) Liti,~ation and ~ttarnev's Fees: In the eveirt it shall be necessary for either party to this Agreement to bring suit to enforce any provision hereof {before or a#ter closing), the parties shall first avail themselves of such pre-suit remedies as are provided by law and as are applicable, including but not limited to the Florida Governmental Conflict Resolution Act. (h) Entire Agreement; Amendments: This Agreement contains the entire and sole understanding between the parties hereto relative to the exchange of parcels and it may only be amended or modified by an agreement in writing executed by all parties with the same formalities as this Agreement. (i) Notices: All notices and correspondence shall be {i) hand delivered (with signed acknowledgement of receipt or affidavit of delivery}, (ii) delivered by registered or certified mail, return receipt requested, {iii) delivered by overnight carrier with signed acknowledgement of receipt, or (iv) delivered by telephonically transmitted facsimile with confirmation of transmission. All such notices and correspondence shall be sem to the respective parties, with copies forwarded to their agents or attorneys, at the address set forth below or at such other addresses as the parties hereto shall designate to each other in writing: {i) if to County, to: St. Lucie County Attn: Faye W. Outtaw, MPA County Administrator 2300 Virginia Avenue Hort Pierce, FL 34982-5652 with copies to: St. Lucie County Attn: Daniel McIntyre, Esq., County Attorney 2300 Virginia Avenue Fart Pierce, FL 34982-5652 (ii) if to City, to City of Fart Pierce Attn: David L. Recor, City Manager 100 North U. S. Highway 1 Fort Pierce, FL 34950 with copies to: City of Fort Pierce Attn: Robert V. Schwerer, City Attorney 100 North U. S. Highway 1 Fort Pierce, FL 34950 Any notice ~or demand so given, delivered or made by United States Mail, shall be deemed so giveq delivered or made three (3) days (exchzding Sundays and holidays) after the same is deposited in the United States Mail, registered or certified, return receipt requested, addressed as above provided, with postage thereon prepaid. Any such notice, demand or document hand-delivered or made by overnight carrier shall be deemed to be given, delivered or made upon delivery (or attempted delivery if delivery is not accepted) of the same at the address where the same is to be given, delivered or made. Any such notice, demand or document delivered by means of telephonically transmitted facsimile shall be deemed to be given, delivered or made upon receipt provided that any such receipt occurring on a Saturday, Sunday, holiday or after 5:00 p.m. on any business day shall be deemed to have occurred the next following business day. (j) Interpretation: This Agreement has been submitted to the scrutiny of each party hereto and each party has had opportunity to have it reviewed by legal counsel. This Agreement shall be given fair and reasonable interpretation in accordance with the words used herein without consideration or weight being given to its having been drafted by either party hereto or their respective counsel. (j) Non-Waiver: No covenant, term, or condition (or the breach thereof), shall be deemed waived, except by written consent of the party against ~ whom the waiver is claimed. A waiver of any covenant, tezm, or condition (or breach thereof) shall note be deemed to be a waiver of any other covenann, term or condition (or breach thereof), 7 i t IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the dates accompanied by their respective executions. CITY OF FORT PIERCE, FL., a Florida municipal corporation Robert J. Bentoq Mayor Date: ATTEST: Cassandra. Steele City Clerk APPROVED AS TO FORM AND CORRECTNESS Robert V. Schwerer, Esq. City Attorney ST..LUCIE COUNTY, FL., a Florida political subdivision County Commissioner Chair Date: ATTEST: Clerk of County Commissioners APPROVED AS TO FORM AND CORRECTNESS Daniel S. McIntyre, Esq. County Attorney 8 i aoAR~ of ~ ~,=.~l~~v~a COUNTY ~ MAY 05.100 COUNTY • ~ ~ COMMISSIONERS ATTORNEY Dnniel S. Mclnryre Heather Young ASSISTANT COUNTY ATTORNEY Katherine Mackenzie-Smith ASSISTANT COUNTY ATTORNEY Heather 5perrazzo Luelte ASSISTANT COUNTY ATTORNEY May 1, 2009 Robert V. Schwerer, Esquire MAY 0 51008 Fort Pierce City Attorney ' City Hall P, O. Box 1480 Fort Pierce, Florida 34954 RE: Exchange Agreement -Jetty Pnrk/Lawnwood Park Parcels Dear Rob: As a follow up to my April 17, 2009 lettet• to you, I am forwarding comments on the draft Exchange Agreement received from the County's Erosion District Manager as follows: 1. Page 4, Sub-section 4: Although the language is somewhat broad, I might suggest broadening it even more: The County retaining an easement for access to and on the property described in PART A allowing the County to use the property for bench and inlet activities such as beach and dune restoration and inlet and spur jetty maintenance projects. 2. Page 4, Sub-section 5: I strongly recommend deleting the very last part of the sentence:..,consistent with part practice , .The County's beach nourishment projects do require staging areas for the contractor to store heavy equipment, pipeline etc. Should the Corps go out to bid and identify St. Lucie Court as a beach access and staging area on the plans and then the City deems that area not available, that could have a significant impact on the project construction schedule and costs. 3. There is one item which I previously forgot to mention. Back in late 2002, the County permitted and constructed some short-term emergency shoreline stabilization structures on the South Jetty Park property. These shore parallel structures consist of ~ sand-filled geo-tubes and are presently buried in the beach dune immediately east of the boardwalk and Seaway Drive. The Stnte may require us to remove these existing structures CHRIS DZAOOVSKY, DKtrld No. 1 DOUG COWARD, pistrkt No. Z • PAULA A. LEWIS. UISMR No, 9 • CHARLES GRANDE, U+uricr No. 4 • CHRIS CRAfS, DLUricr No. 5 County AdmfnBrcoror - foye W. Ourlow, MPA 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 • Phane (772) 462-1441 FAX (772) 462-1440 • TDD (772) 462-1428 at some point in the future, We need to continue to have the ability to deal with the structures as needed in the future. 4. Following along with item No. 3 above, itwould probably be beneficial if the County could stage material and equipment east of the present access drive across South Jetty Park. For example, there is still plenty of beach area immediately east of the boardwalk and Seaway Drive for staging. 5. I am still waiting for a response from the Corps regarding this possible land swap and the potential impacts it may have an future beach nourishment projects. Tf you have any questions, please let me know, Sine ly, 0~. Daniel S. McIntyre County Attorney DSM/caf Enclosure Copy to: Assistant County Administrator Public Works Director Parks & Recreation Director Property Acquisition Manager County Surveyor I i i aOARD OF ' COUNTY ~ ~ COUNTY COMMISSIONERS ~ ~ ATTORNEY Daniel S. Mclntyre Heather Young ASSISTANT COUNTY ATTORNEY - • ~ - Katherine Maclsenz3e-Srriirh~ "'ASSlSTANT~COUNtY ATTORNEY Heather Sperrozzo LuelSe ASSISTANT COUNTY ATTORNEY April 13, 2009 Robert V. Schwerer, Esquire ~ ..y Fort Pierce City Attorney city Hail P. O. Box 1480 Fort Pierce, Florida 34954 RE: Exchange Agreement -Jetty Park/Chamber of Commerce Building bear Rob: Thank you for your letter of April 7. I have forwarded a copy of the proposed Exchange Agreement to County staff for review and comment. I have the following comments: 1. In Paragraph 3 "Title Evidence," you may want to consider changing the first two sentences as follows; "Within 10 days of the effective date, as hereinafter defined, each party shall cause a thirty (30J year tit/e search and a commitment for title jnsurancg to be issued for the property they desire to own and provide the other with co ies of the s Each party shall have until the expiration of the Feasibility Determination Period to examine the search end commitment delivered to them and to notify the other party in writing specifying any objections which wou/d render title unmarketable in accordance with . current Uniform Title Standards adopted by the Florida Bar (hereinafter "Title Defect")," It appears that the City has ordered title work an the Jetty Park parcel from Treasure Coast Title. The County, therefore, ordered title work on the Chamber of Commerce parcels. I am enclosing copies of Chicago Title Insurance Company Commitment Numbers 09-1028 and 09-1029 for your review. 2, In Paragraph 7(b), please revise the paragraph to reflect that the County will convey title by County Deed in accordance with the form set out in Section 125.411, Florida Statutes, CNRiS DZADOVSKY, Dluriu No. 1 • DOUG COWARD, Dturkr No. 2 • DAULA A, I.EWIS. Disrrkr No. 9 • CIiARLES GRANDE. Disrrlu No. 4 • CHRIS CRAFT, Disnicr No. S County Adminlstmror - Foye W. Outlaw, MPA 2300 Virginia Avenue • Ft. Pierce, FL 34982-5652 Phone (772) 462-1441 FAX (772) 462-1440 • TDD (772) 462-1428 i 3. In Paragrap 7 g), do we need to reference the "Tnterlocal Service Boundary Act" in this Agreement? _ 4,. ~ ~ In Paragra 7 i), please add "MPA" after Ms: Outlaw s name: ' - i Please let me know when the Agreement is in final form so I can agenda the ' Agreement for permission to advertise pursuant to Section 125,37, Florida Statutes. Sin ely, Daniel S. McTntyre County Attorney DSM/caf Enclosures Copy to: County Administrator Public Works Director Parks & Recreation Director Erosion District Manager Property Acquisition Manager County Surveyor (30ARD OF ~ ~...i COUNTY COUNTY • ATTORNEY COMMISSIONERS ~ • Daniel S, McIntyre Heather Young ASSISTANT COUNTY ATTORNEY ~ . Katherine Modsenzie-Smirh_. .ASSISTANT COUNTY ATTORNEY Heather Sperrozzo Lueke ASSISTANT COUNTY ATTORNEY March 18, 2009 Robert V, Schwerer, Esquire Fort Pierce City Attorney City Hull P, O. Box 1480 Fort Pierce, Florida 34954 RE: Exchange Agreement -Jetty Park/Chamber of Commerce Building Dear Rob: Thank you for your letter of March 16. Enclosed are copies of legal descriptions and aerial maps depicting the parcels referenced in your letter, Please note that the County will need to retain an easement on the Jetty Park parcel nilowing the County to use the parcel for beach restoration and inlet and spur jetty maintenance projects. The County has obtained quotes to perform title searches of the parcel. Sincer Iy, r Daniel S. McIntyre County Attorney DSM/caf Enclosure Copy to: County Administrator Public Works Director Erosion District Manager Property Acquisition Manager CHRIS OZADOVSKY. Disrrtcr No. 1 • DOUG COWARD, Disrria No. Z • PAULA A. LEWIS, DlsrAcr No. 3 • CHARLES GRANDE, DWrip No. 4 • CHRIS CRAFT. Dlsrr3cr No. 5 Couruy Adminisrroror - Foye W. Outlaw, MPA 2300 Virginia Avenue • Fr. Pierce, FL 34982-5652 • Phone (772) 462-1441 FAX (772) 462-1440 • TDD (772) 462-1428 PARCELS OWNED BY THE CITY OF FORT PIERCE ABUTTING LAWNWOOD REGIONAL PARK Parcel ID 2416-504-0772-000-Z -Northeast corner of South 23'd Street and Virginia Avenue _.LAWNWOQD A;RDZTZON THESOUTH 25°FEETOF~TNE WEST250ffETOF`BLOCK;t35~ANbTHE ' WEST 250 FEET OF BLOCK 158 ANb THE WEST 250 FEET OF VACATED UTAH AVENUE LYING BETWEEN BLOCKS 135 AND i58 AND THE WEST 25o FEET OF VacaTEO ALLEY IN BLOCK 158 - LESS VIRGINIA AVENUE AND LESS AS IN OFFICIAL RECORb 800K 588, PAGE 254. Parcel ID 2416-504-0781-000-8 -Old Chamber of Commerce site COMMENCING AT THE SOUTHWEST CORNER OF BLOCK 158, LAWNW000 ADDITION, AS PER PLAT THEREOF IN PLAT BOOK 2 AT PAGE 16 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, RUN EAST ALONG THE SOUTH LINE OF SaiD BLOCK, FOR A DISTANCE OF 250 FEET FOR a POINT OF BEGINNING; FROM SAID POINT OF BEGINNING, CONTINUE EAST ALONG THE SOUTH LINE OF BLOCK 158 FOR A DISTANCE OF 200 FEET; THENCE RUN NORTH ON A LINE PARALLEL TO THE WEST BOUNDARY OF BLOCK 158 FOR A DISTANCE OF 25o FEET; THENCE TURN AND RUN WEST ALONG A LINE PARALLEL TO THE SOUTH BOUNDARY OF BLOCK 158 FOR A DISTANCE OF 200 FEET; THENCE TURN SOUTH AND RUN ALONG A LINE PARALLEL TO THE WEST BOUNDARY OF BLOCK 158 TO THE POINT OF BEGINNING. 5:\ACQ\WP\JOAnn\City of Fort Pierce\Legal for Chamber parcel(s),wpd i~ ~1 `:i~r a o 1S N1£4 S 3 rx r .~Y Y r ~ w ..t': $ N ft( 1 ~.i~ a ~ ~ > a s ~ z ~ ~ LY_ s O C ~ ~ w ~ J v ~ m~ W ~4 is aa£z s aJi ~ U 6~~g 7!~ • . ~ I .~s,, ~ ~r. . 1 ~ ~ 1 k~;, - ~ 2 I. ,'t ~ ~ )2 ati 5 ~7i III ~ ~ _ C ~ f ~ _ - ~ ~L:~.. I ~ - 3C~r_a+. ~ t ~ fir.. 1.Y, i a t l ~ t. ~,r~t I ~ j r~ ' if f - f l ~ tit 1 I _ ~..1 ~rf~ ~~l~~ r..• ~~-J 1, ~ ~ ~ ~ r 4 , 'i`'I t ~ ~ ~ r tit. ~ ? ~ r . ~ ; ~ , • - - P 1 ~ r f f .t- ~os°ur iy~~:~a ~ ~""".."'4'~.r~~ s ~ ~ ~ ~ L } r T- - ~r.~. ' I ~ ~ I ~ ~ ~ ~ f bt ~ ~.s"~i ~ ~ ice.--' r ` ~ ~ t ~ f ~r zL F aib T ~ , 11 L ~ t r~l ~ t ...i n 7 _':0 ~ ~ } x r>~ I l ~r ~ - Y iii ~ 'r. 1 _ ~ ~ + ~ ~ ~ ` ` - t., ~ i 1~4fii I; ~ , a } { t~ ~k~Ff. ~ I ~~Tw1F ~ ~ 1 Ll ~ ~ t ~ '~~w ~C` r .Y'., `T_Z:;~ C 1 _ _ _ ~ ~ •ir 1~.~~11i y , ~ I i I ~ 1 f *~y\il~ SOUTH JETTY PARK Parcel ID 1436-343-0003-000-7 COMMENCE: AT THE QUARTER-SEOTI©N'~ORW ~ ~R`1'1`HE;54U`t#~~BbUNaAR1~~OFSE~~TI?~N3~;~f~~`-"'-- = TOWNSHIP 34 SOUTH, RANGE 40 EAST, FOR POINT OF REFERENCE. FROM SAID POINT OF REFERENCE RUN NORTH 0 DEG. 03 MIN. 02 SEC. WEST ALONG THE BOUNDARY LINE OF GOVERNMENT LOTS NOS. 4 AND 5 A DISTANCE OF 297.3 FEET TO A POINT; THENCE NORTH 82 DEG. 58 MIN. 27 SEC. EAST A pISTANCE OF 450 FEET MORE OR LESS TO THE NORTHEAST CORNER OF LOT 1, BLOCK 4, FORTPIERCE BEACH SUBDIVISION, A SUBDIVISION IN SECTION 36, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST, LUCIE COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 8, PAGE 29 OF THE PUBLIC RECORDS OF ST, LUCIE COUNTY, FLORIDA, FOR THE POINT OF BEGINNING. FROM SAID PorNT of BEGINNING THENCE NORTH ALONG THE EAST BOUNDARY OF SAID LoT 1, BLOCK 4, FORT PIERCE BEACH SUBDIVISION, EXTENDED 85.28 FEET MORE OR LESS, TD THE MEAN LOW WATER LINE OF THE FORT PIERCE INLET; THENCE EASTERLY ALONG THE MEAN LOW WATER MEANDER LINE OF THE FORT PIERCE INLET 680 FEET, MORE OR LESS, TO THE MEAN LOW WATER LINE OF THE ATLANTIC OCEAN; THENCE SOUTHERLY ALONG 'THE MEAN LOW WATER MEANDER LINE OF THE ATLANTIC OCEAN TO A POINT OF INTERSECTION WITH THE EXTENSION EASTERLY OF THE NORTH BOUNDARY OF SAID LOT 1, BLOCK 4, FORT PIERCE BEACH SUBDIVISION; THENCE WEST 646.4 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, CONTAINING I,45 ACRES, MORE OR LESS; EXCEPTING AND RESERVING THE NORTH THIRTY-FIVE FEET (35') OF THE ABOVE DESCRIBED LAND. 5:\ACQ\WP\JOAnn\Cty of Fort Pierce\Legal for Chember parcel(s).wpd OUN7Y ~ ~ t-,~ow~aw • ~ ~yiv , G' ~r;,i. +1 . ~ > of ~ ~r~, ~ F~,~ ~ - ..,4 a k ~ - ~""'-1 ' ~ " ~ y~ ~ - t . '.f ~ i ~ ~ .r:.,. ~ ~ { i - ? wi - rY 5 4 ~ aj$ ~S T t t ~ ~ ~ tip': ~ ; ~~~dc~f~C ~ ~ ~ _ s ~~ilx ' 't ut d ~ ~ s ~ ~ ~ ~ ~A,~k~ c.Aa( w,, . `a l.f'Yy ~ S J t~. M..ri Y~ ~JZ S T 1 •f ~~1t, 'jai; 1. ~1, ~Y ~J ^70~.} ~ J 2 L `r 1 ~ ti I O 'r r _ ~ rK i r ~ 1 f MM,, i Cx• r r - i • r. ~ - _ a ;z - + r ~ c_i -s' . . ~F 4, 'fit t ~'s ~r~ - South Jetty Park Fev,uary 20J? 0 62.5 125 250 Fee! 1 r ;f. ".~4: ~ e i rr `'_~k S~M ~-i~ iT'f .v; 4.; f ~l'~i. • 4^, ~l • •'V . ~ ~ Vii. ri . •x.. v~ ' ;d ti - . ;31 iq A.? .4 U.S.A. ~ i' i ~ ~I fir, I St Lucie County Ft Pierce ~I s Ii Ft Pierce i 4r d7~ b , k.. Ft Pierce ~=,ti~'y .ti's ~ s -'~:.i wAY R s,~=., p' fir;, ~ Tc. b Z , :r._ iY: t