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Manatee Sanctuary Park Sale and Purchase Agreement
MANATtE S SALE AND, it State of Delaware Office of the Secretary of State PAGE 1 I, EDWARD J. FREEL, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY "CEVESCO, INC." IS DULY INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD STANDING AND HAS A LEGAL CORPORATE EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE SHOW, AS OF THE THIRTIETH DAY OF JANUARY, A.D. 1997. AND I DO. HEREBY FURTHER CERTIFY THAT THE ANNUAL REPORTS HAVE BEEN FILED TO DATE. AND I DO HEREBY FURTHER CERTIFY THAT THE FRANCHISE TAXES HAVE BEEN PAID TO DATE. 0708718 8300 971032391 Edward J. Freel, Secretary of State AUTHENTICATION: DATE: 8309799 01-30-97 Dwight W. Severs of Counsel John M. Starling Law Offices of Dwight . Severs Associates, P.A. Post Office Box 6088 Titusville, Florida 32782-6088 February 1, 1999 Anne Wild, General Counsel FLORIDA COMMUNITIES TRUST DEPARTMENT OF COMMUNITY AFFAIRS 2740 Centerview Drive Tallahassee, FL 32399-2100 RE: Project Name and FCT Recipient: Manatee Sanctuary Park, City of Cape Canaveral FCT Project Number: 95-019-P56 Parcel Number: Part of 24-37-15-00-750 Dear Ms. Wild: Telephone: 407) 267-1711 Fax: 407)268-0081 Enclosed you will find documents for closing between Ceveso, Inc. and the Purchaser: 1. Title Insurance Commitment 2. Affidavit of Seller 3. Seller's Designation of Trust Account I have forwarded a complete set of all closing documents to the City Manager for the City of Cape Canaveral. Thank you for your cooperation. Very truly yours, Dwight W. Severs DWS:jh Enclosures cc: City of Cape Canaveral, FL Cevesco, Inc. George H. Firkins, Jr. Cevesco corresp 2-5550 CEVESCO, INC. Post Office Box 2228 • Hickory, NC 28603 Anne Peery, Executive Director FLORIDA COMMUNITIES TRUST DEPARTMENT OF COMMUNITY AFFAIRS 2740 Centerview Drive Tallahassee, FL 32399-2100 RE: Project Name and FCT Recipient: Manatee Sanctuary Park, City of Cape Canaveral FCT Project Number: 95-019-P56 Parcel Number: Part of 24-37-15-00750 Dear Ms. Peery: Please sec 'tis letter as dcsignetic o€ prvigkt• W: Severs'. Tiust Acrtivmt; Post Office Box 6088, Titusville, FL 32782-6088, who FEID Number is 59-3492774, as Seller's Agent as Payee of the State Warrant for the purchase price of the above captioned property as required by Paragraph 3A of the Option Agreement for Sale and Purchase. Sincerely, CEVESCO, INC. By: tomos Cleary ao sT W is doe C. H Shufor4QJr., President ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE Commonwealth COMMITMENT NUMBER 8b4-519223 COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity ofthe proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company. In Witness Whereof, the said Company has caused its Corporate Name and Seal to be hereunto affixed; thisinstrument, including Commitment, Conditions and Stipulations attached, to become valid when countersigned on Schedule A by an Authorized Officer or Agent of the. Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY By: Chairman and Chief Executive Officer American Land Title Association Commitment - 1966 Face Page Form 1004-217 COPY Valid Only If Schedules A, B and Cover Are Attached COMMONWEALTH LAND TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A Revision No. 1 Commitment No. T108125 Effective Date: December 23, 1998 at 8:00 A.M. 1. Policy or Policies to be issued: OWNER'S: $800,000.00 ALTA Owners Policy (10/17/92) with Florida modifications Proposed Insured: CITY OF CAPE CANAVERAL AND FLORIDA COMMUNITIES TRUST, AN AGENCY OF THE STATE OF FLORIDA LOAN: Proposed Insured: 2. The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple, and title thereto is at the effective date hereof vested in: CEVESCO, INC., a Delaware corporation 3. The land referred to in this Commitment is described as follows: LEGAL DESCRIPTION IS ATTACHED HERETO AND MADE A PART HEREOF COMMONWEALTH LAND TITLE INSURANCE COMPANY 308 Pine Street Titusville, FL 32796-3556 407) 267-3741 Countersigned: LtXuthorized • cer or Agent VALID ONLY IF FACE PAGE, SCHEDULE B AND COVER ARE ATTACHED 991 1 Corrmitment No. Company File No. T108125 LEGAL DESCRIPTION Revision No. 1 A PORTION OF SECTION 15, TOWNSHIP 24 SOUTH. RANGE 37 EAST, BREVARD COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT .4 FOUND PK NAIL AND DISK AT THE SOUTHEAST CORNER OF SAID SECTION 15; THENCE N 89°27'20" W, ALONG THE SOUTH LINE OF SAID SECTION 15, 3581.06 FEET TO POINT ON THE WEST LINE OF THE •EAST 3580.00 FEET OF SAID SECTION 15; THENCE N 00°50'54" W, ALONG SAID ' WEST LINE, 1786.50 FEET 70 A SET 5\8 INCH IRON ROD WITH CAP (DEITHORN LB 6445) ON TNE NORTH LINE OF THE PLAT OF ANGEL'S ISLE AS RECORDED IN PLAT BOOK 36 AT PAGE 77 OF THE PUBLIC RECORDS 01 BREVARD COUNTY, FLORIDA THE POINT OF BEGINNING: THENCE N 89°24'45" W. ALONG SAID NORTH LINE AND ITS' WESTCRLY EXTENSION. 29.03FEET l0 A POINT ON THE MEAN WATER LEVEL OF THE BANANA RIVER, ELEVATION 0.57 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929. IN ACCORDANCE WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION • MEAN HIGH WATER SURVEY FILE THENCE THE FOLLOWING SEVEN (7) COURSES AND DISTANCES ALONG SAID MEAN WATER LEVEL: 1. N 17°46'29" E, ,96.57 FEET: 2. N 08°55'33" E, 70.73 FEET; 3., N 02°14'02" C. 144.69 FEET: 4. N 03°54'24" W, 183.53 FEET; 5. N 04° 56'14" E. 146.06 FEET; 6. N 05° 50'27" W. 113.96 FEET; 7. N 00°08'51" E, 150.69 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 2685.3t -FEET OF SAID SECTION 15; THENCE 5 89' 27'20" E. ALONG SAID NORTH LINO. 7.83 F££T TOA SCT 5/8 INCH IRON ROD WITH CAP DEITHORN LB 6445); THENCE CONTINUE S 89°27'20" E, ALONG SAID NORTH LINE. 230.00 FEET TO A SET 5/8 JNCH IRON ROD WITH CAP (DEITHORN LB 6445) 'ON THE WEST LINE OF THE EAST 3323.00 FELT OF SAID SECTION 15; THENCE S 00°50'54" E, ALONG SAID WEST -LINE, 899.87 FEET 10 A SCT 5/8 INCH IRON ROD WITH CAP DEITHORN LB 6445) ON THE. NORTH LINE OF SAID PLAT OF ANGEL'S ISLE, SATO POINT BEING N 89°24'45" W, 204.3&'FEET FROM A FOUND 4 INCH BY 4 INCH CONCRETE MONUMENT AT THE NORTHEAST CORNER OF SAID PLAT; THENCE N 89°24'45" W, ALONG'SA10 NORTH LINE, 257.08 FEET TO THE POINT OF BEGINNING. TOGETHER WITH A STRIP OF LAND BEING 50.00 FEET IN WIDTH LYING TO THE RIGHT OF AS MEASURED AT RIGHT ANGLES TO AND PARALLEL WITH THE FOLLOWING DESCRIBED LINE BEING A PORTION OF SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE EAST LINE OF THE PLAT OF ANGEL'S ISLE AS RECORDED. IN PLAT BOOK 36 AT PAGE 77 OF THE PUBLIC RECORDS OF BREVARD COUNTY. FLORIDA AND THE NORTH LINE OF CENTRAL BOULEVARD, A 100.00 FOOT RIGHT 'OF WAY, AS DESCRIBED IN ' OFFICIAL RECORDS BOOK .5057 AT PAGE 445 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE N 00°50'54" W, ALONG THE EAST LINE OF SAID PLAT, 100.03 FEET TO THE NORTHEAST CORNER OF SAID PLAT; THENCE N 89°24'45" W, ALONG THE NORTH LINE or SAID PLAT, 204.31 FLET TO THE WEST LINE OF THE EAST 3323.00 FEET OF SAID SECTION 15; THENCE N 00°50'54" W, ALONG SAID WEST LINE, 899.87 FEET TO THE POINT OF TERMINATION OF SAID 50.00 FOOT STRIP OF LAND. SAID 50.00 FOOT STRIP OF LAND BEING BOUND ON THE SOUTH BY THE NORTH LINE OF SAID CENTRAL BOULEVARD AND ON THE NORTH BY TKE NORTH LINE OF THE SOUTH 2685.38 FEET OF SAID SECTION 15. r END OF LEGAL DESCRIPTION Commitment No. Company File No. T108125 LEGAL DESCRIPTION Revision No. 1 A PORTION OF SECTION 15, TOWNSHIP 24 SOUTH. RANGE 37 EAST, BREVARD COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND PK NAIL AND DISK AT THE SOUTHEAST CORNER OF SAID SECTION 15; THENCE N 89°27'20" W, ALONG THE SOUTH LINE OF SAID SECTION 15, 3581.06 FEET TO 'A POINT ON THE WEST LINE OF THE EAST 3580.00 FEET OF SAID SECTION 15; THENCE N 00°50'54" W. ALONG SAID ' WEST LINE, 1786.50 FEET TO A SET 5\8 INCH IRON ROD WITH CAP (DEITHORN LB 6445) ON THE NORTH LINE OF THE PLAT OF ANGEL'S ISLE AS RECORDED IN PLAT BOOK 36 AT PAGE 77 or THE PUBLIC RECORDS OF, BREVARD COUNTY, FLORIDA THE POINT OF BEGINNING: THENCE N 89° 24'45" W, ALONG SAID NORTH LINE AND ITS' WESTERLY EXTENSION. 29.03FEET. TO A POINT ON THE MEAN WATER LEVEL OF THE BANANA RIVER, ELEVATION 0.57 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929, IN ACCORDANCE WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION MEAN HIGH WATER SURVEY FILE THENCE THE FOLLOWING SEVEN (7) COURSES AND DISTANCES ALONG SAID MEAN WATER LEVEL: 1. N 17°46'29" E, ,6.57 FEET: 2. N 08° 55'33" E, 70.73 FELT; 3.. N 02°14'02" E, 144.69 FEET: 4.' N 03°54'24" W, 183.53 FEET; 5. N 04°56'14" E, 146.06 FEET; 6. N 05°50'27" W, 113.96 FEET; 7. N 00°08'51" E, 150.69 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 2685.3rFEET OF SAID SECTION 15; THENCE S 89.27'20" E. ALONG SAID NORTH LINE, 7.83 FEET TO A SCT 5/8 INCH IRON ROD WITH CAP DEITHORN LB 6445); THENCE CONTINUE S 89°27'20" E, ALONG SAID NORTH LINE. 230.00 FEET. TO A SET 5/8 INCH IRON ROD WITH CAP (DEITHORN LB 6445) 'ON THE WEST LINE OF THE EAST 3323.00 FELT OF SAID SECTION 15; THENCE S 00°50'54" E, ALONG SAID WES1'LINE, 899.87 FEET 70 A SET 5/8 INCH IRON ROD WITH CAP DEITHORN LB 6445) ON THE. NORTH LINE OF SAID PLAT OF ANGEL'S ISLE, SAID POINT BEING N 89°24'45" W, 204.3&'F£ET FROM A FOUND 4 INCH BY 4 INCH CONCRETE MONUMENT AT THE NORTHEAST CORNER or SAID PLAT; THENCE N 89° 24'45" W, ALONG 'SAM NORTH LINE, 257.08 FEET TO THE POINT OF BEGINNING. TOGErl'HER WITH A STRIP OF LAND BEING 50.00 FEET IN WIDTH LYING TO THE RIGHT OF AS MEASURED AT RIGHT ANGLES TO AND PARALLEL WITH THE FOLLOWING DESCRIBED LINE BEING A PORTION OF SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE EAST LINE OF THE PLAT OF ANGEL'S ISLE AS RECORDED. IN PLAT BOOK 36 AT PAGE 77 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA AND THE NORTH LINE OF CENTRAL BOULEVARD, A 100.00 FOOT RIGHT OF WAY, AS DESCRIBED IN OFFICIAL RECORDS BOOK 3057 AT PAGE 445 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE N 00°50'54" W, ALONG THE EAST LINE OF SAID PLAT, 100.03 FEET TO THE NORTHEAST CORNER OF SAID PLAT; THENCE N 89°24'45" W, ALONG THE NORTH LINE or SAID PLAT, 204.31 FEET TO THE WEST UNE OF THE EAST 3323.00 FEET OF SAID SECTION 15; THENCE N 00°50'54" W, ALONG SAID WEST LINE, 899.87 FEET TO THE POINT OF TERMINATION OF SAID 50.00 FOOT STRIP OF LAND. SAID 50.00 FOOT STRIP OF LAND BEING BOUND ONTHE SOUTH BY THE NORTH LINE OF SAID CENTRAL BOULEVARD AND ON THE NORTH BY TWE • NORTH LINE OF THE SOUTH 2685.38 FEET OF SAID SECTION 15. END OF LEGAL DESCRIPTION Commitment No. T108125 Revision No. 1 SCHEDULE B -SECTION 1 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. Instrument(s) creating the estate executed and filed for record: or interest to be insured must be approved, a) Warranty Deed from CEVESCO, INC., a Delaware corporation to CITY OF CAPE CANAVERAL AND FLORIDA COMMUNITIES TRUST, AN AGENCY OF THE STATE OF FLORIDA. 3. Payment of all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable. 4. Upon receipt of this Commitment, you must obtain written authorization from the Company to issue the commitment if the amount of the policy or policies to be issued exceeds your agency limits. 5. Submit proof from the assessments due, have 6. If this commitment is be searched. City of Cape Canaveral, that any outstanding municipal been paid. used for the issuance of a loan policy the buyers name must NOTE: Taxes for the Year 1998 were Paid; March Tax Amount $38,367.87; Tax I.D.24-37-15-00-750; RE 2430839; Assessed Value $2,200,800.00; Mill Code 26G0; Homestead Claimed - None; Mst: None. END OF SCHEDULE B -SECTION 1 3 ti Commitment No. T108125 Revision No. 1 SCHEDULE B -SECTION 2 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 company: 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. Rights or claims of parties in possession not shown by the public records. 3. Easements or claims of easements not shown by the public records. 4. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an, accurate survey or inspection of the premises. 5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records.. 6. Any claim that any part of said land is owned by the State of Florida by right of sovereignty, and riparian rights, if any. 7. Taxes for the year of the effective date of this Commitment and taxes or assessments which are not shown as existing liens by the public records or which may be levied or assessed subsequent to the date hereof. Said taxes become a lien as of January 1 of each year, but are not due and payable until November 1 of that same year, pursuant to section 197.333 F.S. 8. Reservations in favor of Trustees of the Internal Improvement Fund, as contained in Deed No. 21484, dated January 24, 1957, recorded February 1, 1957 in Deed Book 438, page 547, of the Public Records of Brevard County, Florida. 9. Certificate of Approval for Establishment of Bulkhead Line recorded in Official Records Book 1083, page 846, of the Public Records of Brevard County, Florida. 10. Subject to mosquito control ditch across southerly property line. 11. The nature, extent, or existence of riparian rights are not insured. 12. Any claim that any part of said land is owned by the State of Florida by right of sovereignty and riparian rights, if any. 13. Any and all rights of the United States of America over any lands now or formerly lying under navigable waters, arising by reason of the authority of the United States of America to control navigable waters in the interest of navigation and commerce, and any conditions contained in any permit authorizing the filling in of such areas. 14. Title to no portion of the insured land below the mean high water line (mark) of any navigable waterbody is insured. 15. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer or gas system supplying the insured land. 4 Commitment No. T108125 Revision No. 1 SCHEDULE B -SECTION 1 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. Instrument(s) creating the estate executed and filed for record: or interest to be insured must be approved, a) Warranty Deed from CEVESCO, INC., a Delaware corporation to CITY OF CAPE CANAVERAL AND FLORIDA COMMUNITIES TRUST, AN AGENCY OF THE STATE OF FLORIDA. 3. Payment of all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable. 4. Upon receipt of this Commitment, you must obtain written authorization from the Company to issue the commitment if the amount of the policy or policies to be issued exceeds your agency limits. 5. Submit proof from the assessments due, have 6. If this commitment is be searched. City of Cape Canaveral, that any outstanding municipal been paid. used for the issuance of a loan policy the buyers name must NOTE: Taxes for the Year 1998 were Paid; March Tax Amount $38,367.87; Tax I.D.24-37-15-00-750; RE 2430839; Assessed Value $2,200,800.00; Mill Code 26G0; Homestead Claimed - None; Mst: None. END OF SCHEDULE B -SECTION 1 3 Commitment No. T108125 Revision No. 1 SCHEDULE B -SECTION 2 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 company: 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. Rights or claims of parties in possession not shown by the public records. 3. Easements or claims of easements not shown by the public records. 4. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an, accurate survey or inspection of the premises. 5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any claim that any part of said land is owned by the State of Florida by right of sovereignty, and riparian rights, if any. 7. Taxes for the year of the effective date of this Commitment and taxes or assessments which are not shown as existing liens by the public records or which may be levied or assessed subsequent to the date hereof. Said taxes become a lien as of January 1 of each year, but are not due and payable until November 1 of that same year, pursuant to section 197.333 F.S. 8. Reservations in favor of Trustees of the Internal Improvement Fund, as contained in Deed No. 21484, dated January 24, 1957, recorded February 1, 1957 in Deed Book 438, page 547, of the Public Records of Brevard County,. Florida. 9. Certificate of Approval for Establishment of Bulkhead Line recorded in Official Records Book 1083, page 846, of the Public Records of Brevard County, Florida. 10. Subject to mosquito control ditch across southerly property line. 11. The nature, extent, or existence of riparian rights are not insured. 12. Any claim that any part of said land is owned by the State of Florida by right of sovereignty and riparian rights, if any. 13. Any and all rights of the United States of America over any lands now or formerly lying under navigable waters, arising by reason of the authority of the United States of America to control navigable waters in the interest of navigation and commerce, and any conditions contained in any permit authorizing the filling in of such areas. 14. Title to no portion of the insured land below the mean high water line (mark) of any navigable waterbody is insured. 15. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges fox' service by any water, sewer or gas system supplying the insured land. 4 Commitment No. T108125 Revision No. 1 Items 2, 3, 4 and 5 will be deleted provided: a satisfactory current survey is submitted, if applicable; an inspection of the premises is made; it is determined the current year's taxes or special assessments have been paid; an affidavit of possession, in recordable form, is provided; and it is determined there is nothing of record which would give rise to mechanic's liens which would take priority over the mortgage (where the liens would otherwise take priority, submission of waivers is necessary). Additional exceptions will be made in the . policy for any appropriate matters disclosed. 16. Rights of tenants occupying all or part of the insured land under unrecorded leases or rental agreements. END OF SCHEDULE B -SECTION 2 5 t Project : MANATEE SANCTUARY PARK Project #: 95-019-P56 Contract #: f? -c .,(LJ -PS: 5 T .. /-Qj7TaxID#: OPTION AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made this x day c' , 19jn, between CEVESCO, INC., a Delaware Corporation, whose address is 11 Caroline Avenue, Cee Canaveral, Florida 32920 as "Seller", and the FLORIDA COMMUNITIES TRUST, a nonregulatoryagency within the Department of Community Affairs, ("Acquiring Agency") whose address is 2555 Shumard Oak Boulevard, Room 310, Tallahassee, Florida 32399, and the CITY OF CAPE CANAVERAL, a municipality within Brevard County, Florida Local Government"),whose address is 105 Polk Avenue, Cape Canaveral, Florida 32920-0326. Acquiring Agency and Local Government will be collectively referred to as "Purchaser". 1. GRANT OF OPTION. Seller hereby grants to Purchaser the exclusive option to purchase the real property located in Brevard County, Florida, described in Exhibit "A", together with all improvements, easements and appurtenances ("Property"), in accordance with the provisions of this Agreement. This Option Agreement becomes legally binding upon execution by the parties but exercise of the option is subj ect to approval by Purchaser and is effective only if Acquiring Agency and Local Government give written notice of exercise to Seller. 2. OPTION TERMS. The option payment is $100.00 ("Option Payment"). The Option Payment, in the form of a state warrant, will be forwarded to Seller upon its receipt by Acquiring Agency from the Comptroller of the State of Florida. The option may be exercised during the period beginning with the Purchaser's approval of this Agreement and the Acquiring Agency's governing body granting project plan approval in accordance with Rule 9K-4.011, Florida Administrative Code, and ending on April 30, 1997, Option Expiration Date"), unless extended by other provisions of this Agreement. In the event Acquiring Agency's Purchase Price (as hereinafter defined in paragraph 3.A) or Local Government's Purchase Price as hereinafter defined in paragraph 3.A) are not available by the Option Expiration Date the period of exercise of the option may be extended until such funds become available, not to exceed 60 days after the Option Expiration Date, by written notice to Seller. 3.A. TOTAL PURCHASE PRICE. The total purchase price ("Total Purchase Price") for the Property is ONE MILLION SEVENTY TWO THOUSAND and no/100 Dollars ($1,072,000.00)which, after reduction by the amount of the Option Payment, will be paid by Acquiring Agency at closing to Seller or Seller's designated agent who meets the requirements of Section 253.025, Florida Statutes, in the manner set forth herein. The Total Purchase Price is subject to adjustment in accordance.. with paragraph 3.B. The determination of the final Total Purchase Price can only be made after the completion and approval of the survey required in paragraph 5. This Agreement is contingent upon approval of Total Purchase Price by Purchaser and upon confirmation that the Total Purchase Price is not in excess of the final maximum approved purchase price of the Property as determined in accordance with Rule 9K-6.007, Florida Administrative Code ("Maximum Approved Purchase Price"). Acquiring Agency and Local Government agree that the Local Government shall take fee simple title to all of the Property at the closing notwithstanding that Acquiring Agency is required to pay all of the Total December 16, 1996 95-019-P56 Page 1 Purchase Price in the manner set forth in this Agreement. Conveyance of the Property in fee simple from Seller to Local Government will take place at the closing in accordance with the provisions of this Agreement. The Total Purchase Price is the sole responsibility of Acquiring Agency and the Local Government shall have no obligation under this Agreement to provide any portion of the Total Purchase Price, and Seller shall have no recourse whatsoever, at law or equity, against the Local Government or the Property relating to the Total Purchase Price. Should the Purchase Price not be available for any reason, Purchaser or Seller may elect to terminate this Agreement by written notice to the parties without liability to any party. 3.B. ADJUSTMENT OF TOTAL PURCHASE PRICE. If, prior to closing, Acquiring Agency determines that the Total Purchase Price stated in paragraph 3.A. exceeds the final Maximum Approved Purchase Price of the Property, the Total Purchase Price will be reduced to the final Maximum Ap . roved P ofthe Property. Ifthe final adjusted Total Purchase Price is less than o of the Total Purchase Price stated in paragraph 3.A. because of a reduction in the Maximum Approved Purchase Price of the Property, Seller shall, in his sole discretion, have the right to terminate this Agreement and neither party shall have any further obligations under this Agreement. If Seller elects to terminate this Agreement, Seller shall provide written notice to Acquiring Agency and Local Government ofhis election to terminate this Agreement within 10 days after Seller's receipt of written notice from Acquiring Agency ofthe final adjusted Total Purchase Price. In the event Seller fails to give Acquiring Agency and Local Government a written notice of terminationwithin the aforesaid time period from receipt ofAcquiring Agency's written notice, then Seller shall be deemed to have waived any right to terminate this Agreement based upon a reduction in the Total Purchase Price stated in paragraph 3.A. 4.A. ENVIRONMENTAL SITE ASSESSMENT. Seller shall, at his sole cost and expense and at least 30 days prior to the Option Expiration Date, furnish to Local Government and Acquiring Agency an environmental site assessment of the Property which meets the standard of practice of the American Society of Testing Materials ("ASTM"). Seller shall use the services of competent, professional consultants with expertise in the environmental site assessing process to determine the existence and extent, if any, of Hazardous Materials on the Property. For purposes of this Agreement "Hazardous Materials" shall mean any hazardous or toxic substance, material or waste of any kind or any other substance which is regulated by any Environmental Law (as hereinafter defined in paragraph 4.B.). The examination of hazardous materials contamination shall be performed to the standard of practice of the ASTM. For Phase i environmental site assessment, such standard of practice shall be the ASTM Practice E 1527. If the Findings and Conclusions section of the assessment reports evidence of recognized environmental conditions, then a Phase II Environmental Site Assessment shall be performed to address any suspicions raised in the Phase I environmental site assessment and to confirm the presence of contaminants on site. The environmental site assessment shall be certified to Purchaser and the date of certification shall be within 45 days before the date of closing. Acquiring Agency shall reimburse Seller for the lesser of 50% of the Acquiring Agency approved cost of the environmental site assessment, not to exceed $2,000.00, upon Seller's submission of the necessary documentation to Acquiring Agency which evidences payment in full of the environmental site assessment costs by Seller. This reimbursement is contingent upon a sale of the Property to Purchaser. 4.B. HAZARDOUS MATERIALS. In the event that the environmental site assessment provided for in paragraph 4.A. confirms the presence of Hazardous Materials on the Property, Purchaser, at its sole option, may elect to terminate this Agreement and neither party shall have any further obligations under this December 16, 1996 95-019-P56 Page 2 Agreement. Should Purchaser elect not to terminate this Agreement, Seller shall, at his sole cost and expense and prior to the exercise of the option and closing, promptly commence and diligently pursue any assessment, clean up and monitoring of the Property necessary to bring the Property into full compliance with any and all applicable federal, state or local laws, statutes, ordinances, rules, regulations or other governmental restrictions regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials ("Environmental Law"). However, should the estimated cost of clean up of Hazardous Materials exceed a sum which is equal to 5% ofthe Total Purchase Price as stated in paragraph 3.A., Seller may elect to terminate this Agreement and no party shall have any further obligations under this Agreement. In the event that Hazardous Materials placed on the Property prior to closing are discovered after closing, Seller shall remain obligated hereunder, with such obligation to survive the closing and delivery and recording of the deed described in paragraph 8. ofthis Agreement and Purchaser's possession of the Property, to diligently pursue and accomplish the clean up of Hazardous Materials in a manner consistent with all applicable Environmental Laws and at Seller's sole cost and expense. Further, in the event that neither party elects to terminate this Agreement as provided above, Seller shall indemnify and save harmless and defend Purchaser, its officers, servants, agents and employees from and against any and all claims, suits, actions, damages, liabilities, expenditures or causes of action of whatsoever kind arising from Hazardous Materials placed on the Property prior to closing whether the Hazardous Materials are discovered prior to or after closing. Seller shall defend, at his sole cost and expense, any legal action, claim or proceeding instituted by any person against Purchaser as a result of any claim, suit, or cause of action for injuries to body, life, limb or property for which Hazardous Materials placed on the Property prior to closing are alleged to be a contributing legal cause. Seller shall save Purchaser harmless from and against all judgments, orders, decrees, attorney's fees, costs, expenses and liabilities in and about any such claim, suit, investigation or defense thereof, which may be entered, incurred or assessed as a result of the foregoing. 5. SURVEY. Seller shall, at his sole cost and expense and not less than 35 days prior to the Option Expiration Date, deliver to Local Government and Acquiring Agency a current boundary survey of the Property prepared by a professional land surveyor licensed by the State of Florida which meets the standards and requirements of Acquiring Agency ("Survey"). It is Seller's responsibility to ensure that the surveyor contacts the Acquiring Agency regarding these standards and requirements and the cost of the Survey prior to the commencement of the Survey. The Survey shall be certified to Purchaser and the title insurer and the date of certification shall be within 90 days before the date of closing, unless this 90 day time period is waived by Purchaser and by the title insurer for purposes of deleting the standard exceptions for survey matters and easements or claims of easements not shown by the public records from the owner's title policy. If the Survey shows any encroachment on the Property or that improvements intended to be located on the Property encroach on the land of others, the same shall be treated as a title defect. Acquiring Agency shall reimburse Seller for 50% of the Acquiring Agency approved cost of Survey, not to exceed $5,000.00, upon Seller's submission of the necessary documentation to Acquiring Agency which evidences payment in full of the Survey costs by Seller. This reimbursement is contingent upon a sale of the Property to Purchaser. 6. TITLE INSURANCE. Seller shall, at his sole cost and expense and at least 35 days prior to the Option Expiration Date, furnish to Purchaser a marketable title insurance commitment, to be followed by an owner's marketable title insurance policy (ALTA Form "B") from a title insurance company, approved by Acquiring Agency, insuring marketable title to the Property in the amount of the Purchase Price. Seller December 16, 1996 95-019-P56 Page 3 shall require that the title insurer delete the standard exceptions of such policy referring to: (a) all taxes, (b) unrecorded rights or claims of parties in possession, (c) survey matters, (d) unrecorded easements or claims of easements, and (e) unrecorded mechanics' liens. Acquiring Agency shall reimburse Seller for 50% of Seller's cost for the owner's title insurance policy required hereunder. Acquiring Agency's reimbursement shall not exceed an amount which is equal to 50% of the minimum promulgated rate permitted by the Florida Insurance Commissioner'srules and regulations. Acquiring Agency shall not be required to reimburse Seller until Seller has submitted the necessary documentation to Acquiring Agency which evidences payment in full of the title insurance cost by Seller and until the final owner's title insurance policy has been received and approved by Acquiring Agency. This reimbursement is contingent upon a sale of the Property to Purchaser. 7. DEFECTS IN TITLE. Ifthe title insurance commitment or survey furnished to Purchaser pursuant to this Agreement discloses any defects in title which are not acceptable to Purchaser, Seller shall, within 90 days after notice from Purchaser, remove said defects in title. Seller agrees to use diligent effort to correct the defects in title within the time provided therefor, including the bringing of necessary suits. If Seller is unsuccessful in removing the title defects within said time or if Seller fails to make a diligent effort to correct the title defects, Purchaser shall have the option to either: (a) accept the title as it then is with a reduction in the Total Purchase Price by an amount determined by Acquiring Agency, (b) accept the title as it then is with no reduction in the Total Purchase Price, extend the amount of time that Seller has to cure the defects in title, or (d) terminate this Agreement, thereupon releasing Purchaser and Seller from all further obligations under this Agreement. 8. INTEREST CONVEYED. At closing, Seller shall execute and deliver to Local Government a statutory warranty deed in accordance with Section 689.02, Florida Statutes, conveying marketable title to the Property in fee simple free and clear of all liens, reservations, restrictions, easements, leases, tenancies and other encumbrances, except for those that are acceptable encumbrances in the opinion of Purchaser and do not impair the marketability of the title to the Property. The grantee in Seller's Warranty Deed shall be the CITY OF CAPE CANAVERAL. 9. PREPARATION OF CLOSING DOCUMENTS. Upon execution of this Agreement, Seller shall submit to Purchaser a properly completed and executed beneficial interest affidavit and disclosure statement as required by Sections 286.23, and 380.08(2), Florida Statutes. Seller shall prepare the deed described in paragraph 8. of this Agreement, Seller's closing statement and the title, possession and lien affidavit certified to Purchaser and title insurer in accordance with Section 627.7842, Florida Statutes, and an environmental affidavit on Acquiring Agency forms provided by Acquiring Agency. Acquiring Agency shall prepare Purchaser's closing statement. All prepared documents shall be submitted to Local Government and Acquiring Agency for review and approval at least 30 days prior to the Option Expiration Date. 10. PURCHASER REVIEW FOR CLOSING. Purchaser will approve or reject each item required to be provided by Seller under this Agreement within 30 days after receipt by Purchaser of all of the required items. Seller will have 30 days thereafter to cure and resubmit any rejected item to Purchaser. In the event Seller fails to timely deliver any item, or Purchaser rejects any item after delivery, Purchaser may in its discretion extend the Option Expiration Date. December 16, 1996 95-019-P56 Page 4 11. EXPENSES. Seller will pay the documentary revenue stamp tax and all other taxes or costs associated with the conveyance, including the cost of recording the deed described in paragraph 8. of this Agreement and any other recordable instruments which Purchaser deems necessary to assure good and marketable title to the Property. 12. TAXES AND ASSESSMENTS. All real estate taxes and assessments which are or which may become a lien against the Property shall be satisfied of record by Seller at closing. In the event the Local Government acquires fee title to the Property between January 1 andNovember 1, Seller shall, in accordance with Section 196.295, Florida Statutes, place in escrow with the county tax collector an amount equal to the current taxes prorated to the date of transfer, based upon the current assessment and millage rates on the Property. In the event the Local Government acquires fee title to the Property on or after November 1, Seller shall pay to the county tax collector an amount equal to the taxes that are determined to be legally due and payable by the county tax collector. 13. CLOSING PLACE AND DATE. The closing shall be on or before 15 days after Purchaser exercises the option; provided, however, that if a defect exists in the title to the Property, title commitment, Survey, environmental site assessment, or any other documents required to be provided or completed and executed by Seller, the closing shall occur either on the original closing date or within 60 days after receipt of documentation curing the defects, whichever is later. The date, time and place of closing shall. be set by Purchaser. 14. RISK OF LOSS AND CONDITION OF REAL PROPERTY. Seller assumes all risk of loss or damage to the Property prior to the date of closing and warrants that the Property shall be transferred and conveyed to the Local Government in the same or essentially the same condition as of the date of Seller's execution of this Agreement, ordinary wear and tear excepted. However, in the event the condition of the Property is altered by an act of God or other natural force beyond the control of Seller, Purchaser may elect, at its sole option, to terminate this Agreement and neither party shall have any further obligations under this Agreement. Seller represents and warrants that there are no parties other than Seller in occupancy or possession of any part of the Property. Seller agrees to clean up and remove all abandoned personal property, refuse, garbage, junk, rubbish, trash and debris from the Property to the satisfaction of Local Government prior to the exercise of the option by Purchaser. 15. RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that from the date this Agreement is executed by Seller, Purchaser and its agents, upon reasonable notice, shall have the right to enter the Property for all lawful purposes in connection with the this Agreement. Seller shall deliver possession of the Property to the Local Government at closing. 16. ACCESS. Seller warrants that there is legal ingress and egress for the Property over public roads or valid, recorded easements that benefit the Property. 17. DEFAULT. If Seller defaults under this Agreement, Purchaser may waive the default and proceed to closing, seek specific performance, or refuse to close and elect to receive the return of any money paid, each without waiving any action for damages, or any other remedy permitted by law or in equity resulting from Seller's default. In connection with any dispute arising out of this Agreement, including without limitation litigation and appeals, Purchaser will be entitled to recover reasonable attorney's fees and costs. December 16, 1996 95-019-P56 Page 5 18. BROKERS. Seller warrants that no persons, firms, corporations or other entities are entitled to a real estate commission or other fees as a result ofthis Agreement or subsequentclosing, except as accurately disclosed on the disclosure statement required in paragraph 9. Seller shall indemnify and hold Purchaser harmless from any and all such claims, whether disclosed or undisclosed. 19. RECORDING. This Agreement, or notice of it, may be recorded by Purchaser in the appropriate county or counties. 20. ASSIGNMENT. This Agreement may be assigned by Purchaser, in which event Purchaser will provide written notice of assignment to Seller. This Agreement may not be assigned by Seller without the prior written consent of Purchaser. 21. TIME. Time is of essence with regard to all dates or times set forth in this Agreement. 22. SEVERABILITY. In the event any of the provisions of this Agreement are deemed to be unenforceable, the enforceability of the remaining provisions of this Agreement shall not be affected. 23. SUCCESSORS IN INTEREST. Upon Seller's execution of this Agreement, Seller's heirs, legal representatives, successors and assigns will be bound by it. Upon Purchaser's approval of this Agreement and Purchaser's exercise of the option, Purchaser and Purchaser's successors and assigns will be bound by it. Whenever used, the singular shall include the plural and one gender shall include all genders. 24. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representat ions and understandings of the parties. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties. 25. WAIVER. Failure of Purchaser to insist upon strict performance of any covenant or condition of this Agreement, or to exercise any right herein contained, shall not be construed as a waiver or relinquishmentfor the future of any such covenant, condition or right; but the same shall remain in full force and effect. 26. AGREEMENT EFFECTIVE. This Agreement or any modification, amendmentor alterationthereto, shall not be effective or binding upon any of the parties hereto until it has been executed by all of the parties hereto. 27. ADDENDUM. Any addendum attached hereto that is signed by the parties shall be deemed a part of this Agreement. 28. NOTICE. Whenever either party desires or is required to give notice unto the other, it must be given by written notice, and either delivered personally or mailed to the appropriate address indicated on the first page of this Agreement, or such other address as is designated in writing by a party to this Agreement. December 16, 1996 95-019-P56 Page 6 29. SURVIVAL. The covenants, warranties, representations, indemnities and undertakings of Seller set forth in this Agreement shall survive the closing, the delivery and recording of the deed described in paragraph 8. of this Agreement and Local Government's possession of the Property. THIS AGREEMENT IS INITIALLY TRANSMITTED TO THE SELLER AS AN OFFER. IF THIS AGREEMENT IS NOT EXECUTED BY THE SELLER ON OR BEFORE DECEMBER 24, 1996, THIS OFFER WILL BE VOID UNLESS THE PURCHASER, AT ITS SOLE OPTION, ELECTS TO ACCEPT THIS OFFER. THE EXERCISE OF THIS OPTION IS SUBJECT TO: (1) APPROVAL OF THIS AGREEMENT, TOTAL PURCHASE PRICE, ACQUIRING AGENCY'S PURCHASE PRICE, AND LOCAL GOVERNMENT'S PURCHASE PRICE BY PURCHASER, (2) ACQUIRING AGENCY'S GOVERNING BODY GRANTING PROJECT PLAN APPROVAL IN ACCORDANCE WITH RULE 9K- 4.011, FLORIDA ADMINISTRATIVE CODE, (3) CONFIRMATION THAT THE TOTAL PURCHASE PRICE IS NOT IN EXCESS OF THE FINAL MAXIMUM APPROVED PURCHASE PRICE OF THE PROPERTY, AND (4) LOCAL GOVERNMENT AND ACQUIRING AGENCY APPROVAL OF ALL DOCUMENTS TO BE FURNISHED HEREUNDER BY SELLER. THE ACQUIRING AGENCY'S PERFORMANCE AND OBLIGATION TO PAY UNDER THIS CONTRACT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE LEGISLATURE. THIS IS TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. SELLER CEVE CO, INC., a Delaware corporatio By: fitness as to Seller—JOHN M. ARCING Name: Its: Witness . y eller—PEGGY S . CAUDILL December 16, 1996 95-019-P56 Page 7 F.E.I.D. No. CORPORATE SEAL). December 17, 1996 Date signed by Seller WitWas to Local Government Witness as o ocal Government Approvand Leta By: Date: lZ-17 4 m Witness as to Acquiring Agency Approved as to Form and Legality to By: (/l%t/di,. Ann J. Wild, Trust • • nsel Date: 2-/5-79 December 16, 1996 95-019-P56 PURCHASER LOCAL GOVERNMENT CITY OF CAPE CANAVERAL By: -(7,4,v Nam Its: Attest: Clerk Date signed by Local Governs, ent PURCHASER ACQUIRING AGENCY FLORIDA COMMUNITIES TRUST urley, Chair Date signed by Acquiring Agency Page 8 STA I OF FLORIDA ) COUNTY OF BREVARD ) The foregoing instrument was acknowledged before me this 17th day of December , 19 96, by GEORGE H. FIRKINS, JR. , as Agent of CEVESCO, INC., a Delaware corporation, on behalf of the corporation. He is personally known to me loximetlemductiba PMeg > roWi itii and he did not take an oath. NOTARY PUBLIC) SEAL STATE OF Florida COUNTY OF The 7)1/4.Q Notary P PEGGY SUE CAUDILL c ceLo Printed, Typed or Stamped Name of Notary Public) nA Peggy Sue CauCaudillCaudillCommissionNo.: Y CtlaMISSiON # CC55891? September 15, 2001 BONDED MU TROY FAIN INSURAh M; . My Commission Expires: Peggy Sue Caudill MY COMMISSION 0 CC558961 EXPIRES September 15, 2000 BONDED TWAJ TROY FMN INSURANCE, INC. ment was acknowledged before me this 11+11 day of December , 1996, as M4.yor ofthe City of Cape Canaveral, ehalf of the Local Government. He is personally known to me. NOTARY PUBLIC) SEAL gyp Y P(/, OFFICIAL NOTARY SEAL 0 ei SUSAN L CHAPMANir 114- COMMISSION NUMBER C C C 3 6 2 6 01 cis MY COMMISSION EXP. OF P-0 MAR. 21997 December 16, 1996 95-019-P56 5uscLn L . Choyorncin Printed, Typed or Stamped Name of Notary Public) Commission No.: cc.3 C Z -C. ed My Commission Expires: 3 - 23 —eV) Page 9 STATE OF FLORIDA ) COUNTY OF LEON The 1997, b rg-Ce-fe-K- ng fledged before me this lj day of - as ames F. Murley as Chair of the Florida Communities Trust, on behalf of the Acquiring Agency. He is personally known to me. NOTARY PUBLIC) SEAL Janice D. Du!hi a MY COMMI8SION # CC588857 EXPIRES December 10, 2000 BONDED THRU TROY FAIN INSURANCE, INC. Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: December 16, 1996 95-019-P56 Page 10 EXHIBIT "A" Legal Description A PORTION OF SECTION 15. TOWNSHIP 24 SOUTH. RANGE 37 EAST, THE CITY Or CAPE CANAVERAL. BREVARDCOUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT IIIE INTERSECTION OF THE SOUTH UNE OrANGEL'S ISLE AS RECORDED IN PLAT BOOK 36 AT PAGE 77 OF THE PUBLIC RECORDS OF BREVARD COUNTY. FLORIDAANDTHEWESTUNEorTOWERBOULEVARD, A 60.00 roar RICHT OF WAY, AS OESCRIBED IN OFFICIAL RECORDS BOOK3057ATPAGE447orTTIEPUBLICRECORDSOFBREVARDCOUNTY. FLORIDA; TIIENCE 5 00' 50'54" E. ALONG SAIDWESTRIGHTOFWAY. 149.25 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF1080.00 FEET; THENCE SOUTHEASTERLY. ALONG SAID WEST RICHT OF WAY ANO THE ARC OF SAID CURVE THROUGHACENTRALANGLEOF41.42.24'. 786.15 FEET TO A POINT ON THE NORTH LINE OF THAT PARCEL DESCRIBED INOFFICIALRECORDS800K3408AFPAGE3313OFTHEPUBLICRECORDSOFBREVAROCOUNTY. FLORIDA: THENCEN89'27'20" W. ALONG SAID NORTH LINE. 734.75 FEET TO 4 POINT ON THE WEST LINE OF THE EAST 3580.00 FEETOFSAIDSECTION15: THENCE N 00' 50'54' W. ALONG 5A10 WEST LINE. 861.13 FEET TO A POINT ON THE SOUTH UNEOFSAIDPLATOFANGEL'S ISLE; THENCE 5 89.27'20' E. ALONG SAID SOUTH LINE. 460.96 FEET TO THE POINT OFBEGINNING. Page 11 ADDENDUM BENEFICIAL INTEREST AND DISCLOSURE AFFIDAVIT OTHER) STATE OF Florida ) COUNTY OF Brevard ) Before me, the undersigned authority, personally appeared GEORGE H. FIRKINS, JR. , this llthday of December , 19 96 , who, first being duly sworn, deposes and says: 1) That CEVESCO, INC., a Delaware corporation, whose address is 211 Caroline Avenue, Cape Canaveral, Florida 32920, is the record owner of the Property. The following is a list of every "person" (as defined in Section 1.01(3), Florida Statutes) holding 5% or more of the beneficial interest in the Property: if more space is needed, attach separate sheet) Name Address Interest 100% -(owner of all stock CEVESCO, INC.) Shuford Mills, Inc. P. 0. Drawer 2228 HIckory, N.C. 28603 2) That to the best of the affiant's knowledge, all persons who have a financial interest in this real estate transaction or who have received or will receive real estate commissions, attorney's or consultant's fees or any other fees or other benefits incident to the sale of the Property are: Name Address George H. 362 Coral Drive Firkins, Jr. Cape Canaveral, Florida 32921 SEVERS, STADLER & HARRIS, P.A. SEVERS, STADLER & HARRIS, P.A. P. 0. Box 669 Titusville, FL 32780 P. 0. Box 669 Titusville, FL December 6, 1996 95-031-P56 Reason for Payment Consulting fee paid on all sales of CEVESCO, INC.'s property Title policy Attorney's fees Amount 10,720.00 5,291,00 undetermined - hourly rate 3) That, to the best of the affiant's knowledge, the following is a true history of all financial transactions (including any existing option or purchase agreement in favor of affiant) concerning the Property which have taken place or will take place during the last five years prior to the conveyance of title to City of Cape Canaveral Name and Address Type of Amount of of Parties Involved Date Transaction Transaction None This affidavit is given in compliance with the provisions of Sections 286.23 and 380.08(2), Florida Statutes, AND FURTHER AFFIANT SAYETH NOT. AFFIANT SWORN TO and subscribed before me this 11th day of December , 1996 , by GEORGE H. FIRKINS, JR. , as authorized agent of CEVESCO, INC., a Delaware corporation, who is personally known to me or who has produced a driver's _license as identification and who did take an oath. NotaryPublic FLORIDA COMMUNITIES TRUST APPROVED i S TO FORM AND LEGALITY By: Ann J. Wild, Trust o nsel Date: C%%51' 91 Printed, Typed or Stamped Name ofNotary) Commission No.: My Commission Expires: December 6, 1996 Page 95-031-P56 y F F.`. • 1 A. HOLLAND MY COMMISSION # CC 429750 EXPIRES: January 4, 1999 Notary Public Underwriters ADDENDUM CORPORATE/NON-FLORIDA) A. At the same time that Seller submits the closing documents required by paragraph 9. of this Agreement, Seller shall also submit the following to Purchaser: 1. Corporate resolution which authorizes the sale ofthe Property to Purchaser in accordance with the provisions of this Agreement and a certificate of incumbency, 2. Certificates of good standing from the Secretary of State of the State of Florida and the Secretary of State of the State of Delaware, and 3. Copy of proposed opinion of counsel as required by paragraph B. below. B. As a material inducement to Purchaser entering into this Agreement and to consummate the transaction contemplated herein, Seller covenants, represents and warrants to Purchaser as follows: 1. The execution of this Agreement and the performance by it of the various terms and conditions hereof, including, without limitation, the execution of all agreements, notices and other documents hereunder, have been duly authorized by the requisite corporate authority of Seller. 2. Seller is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware and is duly licensed and in good standing and qualified to own real property in the State of Florida. 3. This Agreement, when executed and delivered, will be valid and legally binding upon Seller and enforceable in accordance with its terms and neither the execution of this Agreement and the other instruments to be executed hereunder by Seller, nor the performance by it of the various terms and conditions hereto will violate the Articles of Incorporation or By -Laws of Seller. At the closing, Seller shall deliver to Purchaser an opinion of counsel to the effect that the covenants, representations and warranties contained above in this paragraph B. are true and correct as of the closing date. In rendering the foregoing opinion, such counsel may rely as to factual matters upon certificates of other documents furnished by partners,.officers, officials and other counsel of Seller, and upon such other documents and data as such partners, officers, officials,and counsel may deem appropriate. Witness as to Seller Witness as to Seller December 6, 1996 95-031-P56 SELLER CEVESCO, INC., a Delaware corporate Name: C}EORGE H 'IRKINS, JR. Its: Authorized Agent 59-1274574 F.E.I.D. No. CORPORATE SEAL) Date signed by Seller fitness a o Local Government Witness as to Local Government Approved as to By: d Legali Date: 1Z—(-1—% tness as to Acquiring Age Approved as to Form and Legality By: Ann J. Wild, Trust ,0 nsel Date: 19?/--/, 7 NONFLCORP.ADD REV.2/94 December 6, 1996 95-031-P56 PURCHASER LOCAL GOVERNMENT CITY OF E CANAV_ rwS Clerk o Deptity Clerk of Court) OFFICIAL SEAL) t )-1,1/94, Date signed by Local Government PURCHASER ACQUIRING AGENCY FLORIDA COMMUNITIES` TRUST By: .t,-t"`'' Witness as to Acquiring Agency James F. Murley, hair Date signed by Acquiring Agency Dwight W. Severs Richard E. SflaJLer John M. Harris John M. Starling od counsel Ann J. Wild, Esquire Trust Counsel Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Law Office. of Severs, &la tier & Harris, I. A. 509 Paint Ave., P. 0. Box 669 iauu diIl e, 1F o ic a 32781.©669 February 26, 1997 Re: FCT Project #95-019-P56 Manatee Sanctuary Park Cevesco, Inc. Sale to City of Cape Canaveral Dear Ms. Wild: Telephone: 407) 2674 7111 Fax: 407) 288=00811 Enclosed is a commitment for issuance of Owner's Title Insurance Policy by Commonwealth Land Title Insurance Company ("Commonwealth") through our law firm as agent for Commonwealth. Our firm also will be closing agent for the transaction representing the owner Cevesco, Inc. All of the requirements of Schedule B, Section 1 of the commitment will be complied with prior to the closing. Item 2 of said schedule will be endorsed to eliminate Florida Communities Trust as a grantee. The real estate taxes referred to in Item 5 of said schedule includes taxes on other real estate. We will be requesting the Brevard County Property Appraiser to cut out the subject parcel and calculate real estate taxes through the date of closing in accordance with Section 196.295 of Florida Statutes. Gap coverage will be provided to eliminate Item 1 of Schedule B - Section 2 of the Commitment. Items 2, 3, 4 and 5 of said schedule will be deleted upon receipt of the survey. Items 6, 8, 11, 12, 13, 14 and 15 will have to remain as exceptions to the Owner's Policy of Title Insurance. I will have the surveyor check Items 9, 10 and 16 to see if they encroach on the subject property. If there is no encroachment, and the surveyor so certifies to the title company, these items will be deleted as exceptions. Item 17 of said schedule will be eliminated upon receipt of estoppel letter from the respective providers of utility services. The survey and environmental report will be available next week. Also enclosed are copies of the documents referred to in some of the Schedule B exceptions and a copy of our firm's underwriting approval. If you have any questions, please contact me. Very truly yours, ham_ John M. Starling JMS/dmc Enclosure(s) RlVlllllllllIlfl3 1111 Commonwealth W x COMMITMENT NUMBER 8b'+-'+19351 COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company. In Witness Whereof, the said Company has caused its Corporate Name and Seal to be hereunto affixed; this instrument, including Commitment, Conditions and Stipulations attached, to become valid when countersigned on Schedule A by an Authorized Officer or Agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY RoWle,/#0 /r1 / le American Land Title Association Commitment - 1966 Face Page Form 1004-217 Secretary President CLT COPY Valid Only If Schedules A, B and Cover Are Attached COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No. 864-419351 Company File No. T101368 File No. 1 - COMMITMENT FOR TITLE INSURANCE SCHEDULE A Effective Date: February 5, 1997 at 8:00 A.M. 1. Policy or Policies to be issued: OWNER'S: $1,072,000.00 ALTA Owners Policy (10/17/92) with Florida modifications Proposed Insured: FLORIDA COMMUNITIES TRUST, AN AGENCY OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND THE CITY OF CAPE CANAVERAL, FLORIDA LOAN: Proposed Insured: 2. The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple, and title thereto is at the effective date hereof vested in: CEVESCO, INC., A DELAWARE CORPORATION 3. The land referred to in this Commitment is described as follows: LEGAL DESCRIPTION IS ATTACHED HERETO AND MADE A PART HEREOF SEVERS, STADLER & HARRIS, P.A. 509 PALM AVENUE TITUSVILLE, FL 32796 407) 267-1711 Countersigned: Authorized Officer ire' gent VALID ONLY IF FACE PAGE, SCHEDULE B AND COVER ARE ATTACHED A91 1 Commitment No. Company File No. T101368 LEGAL DESCRIPTION A portion of Section 15, Township 24 South, Range 37 East, THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, more particularly described as follows: Begin at the intersection of the South line of Angel's Isle, as recorded in Plat Book 36, page 77, of the Public Records of Brevard County, Florida, and the West line of Tower Boulevard, a 60.00 foot right of way, as described in Official Records Book 3057, page 447, of the Public Records of Brevard County, Florida; thence S. 00°50'54" E., along said West right of way, 149.25 feet to a point of curvature of a curve to the left, having a radius of 1080.00 feet; thence Southeasterly, along said West right of way and the arc of said curve through a central angle of 41°42'24", 786.15 feet to a point on the North line of that parcel described in Official Records Book 3408, page 3313, of the Public Records of Brevard County, Florida; thence N. 89°27'20" W., along said North line, 734.76 feet to a point on the West line of the East 3580.00 feet of said Section 15; thence N. 00°50'54" W., along said West line, 861.13 feet to a point on the South line of said plat of Angel's Isle; thence S. 89°27'20" E., along said South line, 460.96 feet to the Point of Beginning. END OF LEGAL DESCRIPTION 2 Commitment No. Company File No. T101368 SCHEDULE B -SECTION 1 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. Instrument(s) creating the estate or interest to be insured must be approved, executed and filed for record: a) Warranty Deed from CEVESCO, INC., A DELAWARE CORPORATION to FLORIDA COMMUNITIES TRUST, AN AGENCY OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND THE CITY OF CAPE CANAVERAL, FLORIDA. 3. Payment of all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable. 4. Upon receipt of this Commitment, you must obtain written authorization from the Company to issue the commitment if the amount of the policy or policies to be issued exceeds your agency limits. 5. Submit proof from the City of Cape Canaveral, that any outstanding municipal assessments due, have been paid. NOTE: Taxes for the Year 1996 were paid; March Tax Amount $54,594.96; Tax I.D.24-37-15-00-750; RE 2430839; Assessed Value $3,129,530.00; Mill Code 26G0; Homestead Claimed - None; Mst: None. END OF SCHEDULE B -SECTION 1 3 Commitment No. Company File No. T101368 SCHEDULE B -SECTION 2 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 company: 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. Rights or claims of parties in possession not shown by the public records. 3. Easements or claims of easements not shown by the public records. 4. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or inspection of the premises. 5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any claim that any part of said land is owned by the State of Florida by right of sovereignty, and riparian rights, if any. 7. Taxes for the year of the effective date of this Commitment and taxes or assessments which are not shown as existing liens by the public records or which may be levied or assessed subsequent to the date hereof. Said taxes become a lien as of January 1 of each year, but are not due and payable until November 1 of that same year, pursuant to section 197.333 F.S. 8. Oil, Gas and Mineral Reservations in favor of Trustees of the Internal Improvement Fund, as contained in Deed, dated January 24, 1957, recorded February 1, 1957 in Deed Book 438, page 547, of the Public Records of Brevard County, Florida. The right of entry for mining and exploration in said reservations has been released by Section 270.11 F.S. 9. Easement as out and reserved in Utility and Ingress/Egress Easement dated May 10, 1965, recorded May 11, 1965 in Official Records Book 782, page 143, of the Public Records of Brevard County, Florida. 10. Quit Claim Deed recorded in Official Records Book 3057, page 447 for Tower Boulevard and partially vacated per Resolution No. 94-06 recorded in Official Records Book 3376, page 218, of the Public Records of Brevard County, Florida. 11. Certificate for Approval of Bulkhead Line dated May 29, 1969, recorded June 13, 1969 in Official Records Book 1083, page 846, of the Public Records of Brevard County, Florida. 12. The nature, extent, or existence of riparian rights are not insured. 13. Any claim that any part of said land is owned by the State of Florida by right of sovereignty and riparian rights, if any. 14. Any and all rights of the United States of America over any lands now or formerly lying under navigable waters, arising by reason of the authority of the United States of America to control navigable waters in the interest of navigation and commerce, and any conditions contained in any permit authorizing the filling in of such areas. 15. Title to no portion of the insured land below the mean high water line (mark) of any navigable waterbody is insured. 4 Commitment No. Company File No. T101368 16. Road right of way and easement recorded in Official Records Book 2497, page 2391, of the Public Records of Brevard County, Florida. 17. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer or gas system supplying the insured land. Items 2, 3, 4 and 5 will be deleted provided: a satisfactory current survey is. submitted, if applicable; an inspection of the premises is made; it is determined the current year's taxes or special assessments have been paid; an affidavit of possession, in recordable form, is provided; and it is determined there is nothing of record which would give rise to mechanic's liens which would take priority over the mortgage (where the liens would otherwise take priority, submission of waivers is necessary). Additional exceptions will be made in the policy for any appropriate matters disclosed. END OF SCHEDULE B -SECTION 2 5 ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE Commonwealth CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. American Land Title Association Commitment - 1956 Cover Page Form 1004-121 ORIGINAL 0 COMMONWEALTH LAND TITLE INSURANCE COMPANY 1-3? TRANSAMERICA TITLE INSURANCE COMPANY HIGH LIABILITY / UNDERWRITING APPROVAL Agent Number 12-68807 Agent, Severs, Stadler & Harris, P.A. File No T101368 C City Titusville State FL Requested t3y: John Starling Date* 2/25/97 Commitment/Policy No. (Owner) Liability 1, 072, 000.00 Policy No. (Loan) Liability Proposed Insured (Owner) Florida Communities Trust, An Agency of Florida Department of Community Affairs and The City of Cape Canaveral, Florida Lender) County/State Brevard/Florida Comments. Approval for issuance of the above Commitment/Policy is hereby granted subject to the following conditions: Per The Attached Commitment. PREMIUM OR COMMISSION EXCEPTIONS Gross Premium Owners Policy $ Loan Policy Special Risk LAgents Commission CLT/TA Net Premium Note: When applicable - Net Premium must include Total Reinsurance Costs. APPROVED EXCEPT AS 'DO PREM UA/C MISSION AMOUNTS WHICH HAVE BEEN LEFT BLANK TO BE FILLED IN BY AGENT. 0] Approved 13C - — '' S orrest R. Rooker, Jr., C.L.S. Form 3180-5 (Rev. 8-92) Employee No 2 0 2 2 02/20/97 ==== P R 0 P E R T PARCEL: 24 371500 750° SITE 0 CAPE CANAVERAL, FL 32920 OWNER'S NAME: CEVESCO INC P 0 BOX 683 CAPE CANAVERAL FL 32920 LAND: BLDG: SITE: COST: INCOME: MARKET: AGR-ASSM: ASSESSED: HOMESTD: OTHER EX: ENRGY EX: TAXABLE : 1995 1996 3390240 3129530 3390240 3129530 3390240 3129530 3129530 3390240 3129530 Y I N Q ACCT NO: UIR Y SCREEN==== PMI165M1 2430839 MILL CODE: 26G0 09.18.39 USE: 4000 VACANT INDUSTRIAL LAND PLAT BOOK PAGE: - 2391465 PART OF GOVT LOT 2 & ALL OF GOVT LOTS 3 & 4 AND PART OF RECLAIMED LAND AS DESC IN ORB 435 PG 290, 1997 436 PG 121 EXC LANDS DEEDED THRU ORB 3576 PG 2618 EXEM: MTG: ETAL: MAIL: DISAB: CONDO: TAZ: 503 NEW TAXABLE: NEIGHBORHOOD: 0686.00 SITE CODE: 340 1996 T A X 2430839 B=BILL /=RETN CEVESCO TWG RG SC SD BLCK LOT 24 371500 750 TAXABLE ITEM COUNTY SCHOOL CITY/MSTU WA MANAGEMNT SP DISTRICT DEBT PAYMENT TOTAL ADVOR.** SW DISPOSAL SW COLLECTION RECYCLING EMS -AMBULANCE - STORM WATER HPK/BFOOT WTR CONTROL TOTAL SVCS:** TOTAL ** I N F 0 X=1995 INC TAX BILLED 16612.17 30237.52 4664.57 1627.35 1453.35 54594.96 54594 .96 R M A T I 0 N 02/20/97 09:18:59 R=RESTART A=INST P=PARC S=SUM PMT001BR PAID 52411.16 BCH/DTE 1009 961115 VAL NO 104067 TAX CREDIT BAL DUE 16612.17 VALUES 30237.52 MILCDE 26G0 4664.57 BOY LAND 3129530 1627.35 BOY BLDG ASSESSED 3129530 1453.35 EXEMPT DISC: 4 TAXBL 3129530 E&I DATA ADV. ADV .AMT SVC SVC AMT NO SPECIAL ASSESSMENTS FOR THIS PARCEL 24 371500 750 NO CERTIFICATES FOR THIS PARCEL 24 371500 750 HIT ENTER. PROPERTY MANAGEMENT INFORMATION SYSTEM FOR OPTIONS - SALES MAINTENANCE BROWSE (PMS021M1) PARCEL ID: 24 371500 750 FOR DESCRIPTION OF DEED CODES: ENTER 1 DISQUALIFIED SOURCE CODES: ENTER 2 SALE/DATE ORB/PAGE DEED DSC PRIOR OWNER v/i SALE VALUE 1134 0066 PT 100000 25/97 CORPORATE DETAIL RECORD SCREEN 2.38 PM NUM:'823411 ST:DE ACTIVE/FOREIGN PROF FLD: 10/16/1969 FEI#: 59-1274574 NAME CEVESCO INC PRINCIPAL: ADDRESS MAILING P 0 BOX 683 CAPE CANAVERAL, FL 32920-7683 1985 TATE BLVD. S.E. ADDRESS P.O. BOX 2228 HICKORY, NC 28603-2228 STARLING, JOHN M 509 PALM AVE TITUSVILLE, FL 32781 US 1994) B 04/07/94 (1995) B RA NAME RA ADDR ANN REP CHANGED: 03/09/92 CHANGED: 03/15/96 NAME CHG: 03/15/96 ADDR CHG: 03/15/96 04/10/95 (1996) A 03/15/96 MENU, 3. OFFICERS, 5. NOTES, 7. LIST, 8. NEXT, 9. PREV THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT ---- ENTER SELECTION AND <CR>: 2/25/97 OFFICER/DIRECTOR DETAIL SCREEN CORP NUMBER: 823411 CORP NAME: CEVESCO INC TITLE: STD NAME: SHUFORD, HUNT C 1985 TATE BLVD SE HICKORY, NC TITLE: CONT NAME: MCINTOSH, JERRY R 1985 TATE BLVD SE HICKORY, NC 28602 TITLE: PD NAME: SHUFORD, A. POPE 1985 TATE BLVD SE HICKORY, NC 2.38 PM NEXT, - PREV, 1. MENU, 2. FILING, 3. TOP, 5. NOTES 7. LIST, 8. NEXT BY LIST, 9. PREV BY LIST THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT ---- ENTER SELECTION AND <CR>: 2/25/97 NOTES DETAIL SCREEN 2:38 PM CORP NUMBER: 823411 CORP NAME: CEVESCO INC MERGER MERGING INSTITUTIONAL MORTGAGE CORPORATION INTO THIS CORP. FILE D'< 12-29-83 MERGER MERGING PARK AVENUE PROPERTIES IN C. INTO THIS CORP. FILED 12-29-83 NEXT, - PREV, 1. MENU, 2. FILING, 3. OFFICERS, 5. TOP 7. LIST, 8. NEXT BY LIST, 9. PREV BY LIST THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT -•----- EN`1'ER SELECTION AND <CR>: OUrfeMAIII OM • Poor corrournsro 1134 pev„ Prick:sr y 1COFIcif5,110LU;0, VAPUNG & GOWORN (-} 509 Fchn AvenueT.noTIl. R. 27ThisQult-Claim 2 if,",,eioy of A i969 , bytWOrk-- :if-00RD NECLIP,,-INC., a North Ca rolina c•.:.rporation dulya,,9aLgil:rilE1 11? 1411,12:}VC'e ofplot.. E 1,a8faala a• . C . 6, 13 i r - Nr -t Ca r1?..r.t.sfirsparty, to CFNESC( folhee p.,.(offfre 0.4dF . 0 . p. second party r rr. rrrr,; rr P.' • ,a,i• sx • .1s, and .1 Irrrlr.r 1"-•••.,,, • ..d ..• •^, •,•••• ,,,,, •, 1" nt rmr. ligibleSStifipTI0, r;r goid party. for [mei in con‘irirctilion of Ar .1srvo o. land staid hy the .aid .recd port', tonr,of hp,pbr r-br.,rrrieriirori doe,1. Air rernizp. randcPiit.elird,ft tinto Ibe raid port:. a!I •Ar• riollfSti.. infre,rf. rf:rn ‚ 1demand LI -porn111. said fir,' pony ha, to owi tn• dmscrib.rf 101. pip-.- or norrel of 1,2.4. •giluoto Pyinq era Grind IintheCountyofStaN. 66 rtin in-2,)(nic1tA" attached tp iif; enr R ;')31'thy I 8-741 E OF FLORif5-47/ L.: DOCUMENTARY STAMP TAXzc'" -- com t -. MC' - --. •-: .0.-r7s 0 0. 0 0 I il 1 DOCUMENTARY SUR TAX .77— ft..)RluA rrx 10$21ES. 7 II I 0.0_01:2t1C1 r I io Nave and to Hold sh„. i0V•iflor U ell nnri singular. :110 owourl:lonces thereu.klooefonping, or in: anywise appertaining. and all the effete, riq'tf. firn. r'qty and ci,im wheal - 4j; f74"V rYli saidfi.,r porty. eilFer in lop. or ',init.:. to 14r, only proper 1.P. b' -..it 0,14 behoof of 1. raidz.•:tc0nr1 parryrfoievep. s f 2 t • r" icbiat•24. gikt) t.. 11. is I:fitness Iffherrof the sok' P -I P.,1Y C11,3,C1 dwaa 13,f1 - pots to its ,..-sed rn it. name. and its forporote seal to be horeunfo affixed. by ifs prcor. nffir ern, 'hereunto o'dy orAorP:ort the day and year first oboo• written, c-'°- • C. Chu_rilF:v, Jr. Signed, sealed and deirrered in the presence of. ATE OF NORTH CAROLINA onuNT-Y OF CATi,V+SA INC. 51.4d J. RSASSY Mt Silf due . 114 ea•. before use. ...'r....Lute autoonaed ;a die State sod C000r• afort-a.d so take telknooiledertettet, A.rneibli1Poured -',A1. SiHUFOILD and C. K. Clit.TIEEY, JR., 0 ,....., se 16 . . Ne.1,..., •"4 See rat apy nopecrbety of Ake corporoiro owned as fon F.,. clot. thcliZQZ.i./ deed:sad deaf taeo roved', ocksoeledeill CS, OtIA, IS, SW. ,.I the pewee" of too =bambini rime -oars trro, Lod tn./voter:last' ient!Inponto daye4e.01 ik 'dam, kw Amid ...rt....ran...NI din de mil aneed thereto b rise true corunrete mat a so41 rorperfrkm. t5-..41r..frn.:V ;r:i b.41;rod sm.., nra itt dae r,....., ..41 5.. r. .1......w the 28th a., ot July , it 1134 PARC...., I X1-11 31T •'r.•" T(1 QUIT -C: A M D r.D FRG,d BB7.'ORD MTrJS INC. `C CEVESCO, TNC., DAA Tiff" 2hs, :1969, DE3GRIBINO PARC.:,5 OF , LANJJ) TO BE CONVEYED FY SAID QUIT -MAIM Dr:i10 Dots 1, 2 and 3, Block 1, and:Lets 12, 17, 14, n r ', 1 r•. of the plat of Cape Canaveral Beach Cordons 'Init To.Ltotheplatthereofrecordedis1, corc;ingPlatco300, 1, Page ,..31, -Public: Records of 3rev5:-6 County, Florida. PARCEL 1I AllOoof Blockst5, 7' and n), cf Cana Canavera1 .Be ch c r dens, -Uni:t No. 2,ac neeof - r orded in Plat 17, Pages 81 andU2, Public t eco:'.s of Brevard County, Florida, ani the followingpertlon9ofBlocks3, 4, 5, and of pe Canavcral Beach Gardens, Unit No. 2. according to the plat thereof recorded in Plat Book 17Pages31rndn2, Public 1:ecordo cf P.eva,•d C 1-,tF, Florida. ' ILS, OF ILCCK 1• o. Part of 'nota andconvey ed to . r, i,.7:e, Ceeasdescrii)cd In Cf_ _cia). Records Book3! ,t. 11 ', Paae p, Public ie' do o. aneiiird County, j.iorida. b. Part of Lot and all f Lot 9 conveyed toErnestI. Jandreau, et al., as described inOfficialRecordsBook944, ?age 845, PublicRecordsofBrevardCounty, Florida. c. Part of Lot 14, conveyed to Stanford Robson, asdescribedinOfficialRecordsBook681, Pagr42, 44, end Book 685, Page 346, Public Recordsof2rva:d County, Florida. d. Part of Lots 1=2, 13, 14 and 15, cc!:veyed toJame', E. Morgan, et. al., as described inOfficialRecordsBook362, Fage 937, and BookF9eex'77, Public Records of Brevard County, cc iia. 2. ALL JF BL2CK 4, EXCL. Part of Lot 1 and part of Lot 2, conveyed toDavidIrrhaber, Inc., as described in deeds recorded in Official Records Book 721, Pages445, 447, 449, 45, 433 and 455, Book 715, Page 87, and Book 715, Pages 89, 9'. 93, 95, 97, 99, 101, 103, 105, 107, 109, 11.1, 113, 115and117. 3. ALL OF BLOCK 5, EXCEPT: e. Part cf Lots 10, 11, 12 and 13, as described indeedtoWilliamD. Kabboord, recorded in OfficialRecord':, Book 578, Pals 147, Public Records ofBrevardCounty, Florida; to Town House EstatescfCapeCanaveralBeech, Inc., as recorded inOfficialRecordsnook635, Pages_17','22, 27, 32, Public Records of Brevard County; Florida; anddeettoTownHouseEstates" of" Cape; CanaveralBeach, 1.7 _, reco:ded in Cffi lal Reco'du Book660, Psges 288, 297, 306 and 315, Public RecordsofBrevardCounty, Florida , _ . 1;11./34 Iv' 68 t. Part of Lots 1, 2, 3, 12, 13 and 14, i5 described 1,7deedstoEugeneJ. Jandreau, et el.,_ recorded An -= - Official Records Book 763, Page 209, 7;19ok 735, Page401, and Book 798, Page 955, and'es d4--loribud in dealtoMarionA. Shercen, Jr., recorded i% )fficialRecordsBook1028, Page 376-, All in the PublicRecordsofBrevardCounty, Florida. 4 ALL CP BLOCK All_af Lot 1 1;.nd aid.(j. Lot 2„-conit,yed toBobadjJim'Construct.;2:1 Co. of Breva asdescribedLnrifed .:ecorded in Cfficisl-Records3ook762, Pro 461, FubiLc Records of Brevard0ourty, F1o1. The PAICK, TI 13 3r-In---eod t-) the Grsotr:!c subjcct to ".:,Le Eababntr.to2'ty cf' 7r1nraier.s., o -:Fr s portion ofR)o(Ks 3 and a3 des(;riced deed recorded irr?ffici-1 Reoordd Fa;ze P,1;7:11c RecordsofBrev'-o:nt, Florida. 7,a3erlents 3It- of Gene Canaveal ovc,' p,wtion ofIo.t3 111 ard 15, .31,33 5, rIF descibed in ieeo recordedlaaffi;ial 'ecords Book Pe 935, Fihlc Recordsf- Brovsrd Flerida. 7.Esd:y,nt3 to 'Aty of Cape Caravel, nye.- portion ofLot.=, 1' :1-ci 1;;, Flock "). as deo':bed Ln :',ed recordedinCfficiaReco.-is Bo n 101, Fe 90, Pul)lic RecordsofBr-...va.:-d Court--, Flooida. 4. Ea!3e7-ert, to City of .',n.!)a .3anareral 9VC?:a Lotion ofIpte7, "--;, 6, 7, ?, and Bloc;.: 7, ..2s described indeecr,. ,,ecorded in OffloTai ecords 3ook 101, of Brew2r1 Flor: 'a. PAECEL III Tho SoA:h 05,1 feet of Governreut Lt Fou. (4), inSc -,.tion 14, Township 24 South, Ran; e :7 East, BeevesCc...7nty, Florida, exce:t 'hat:-...crtion of sLid Goverr...ntLotFDU' (4)ofCete orraverelPeach0-ardens, UntoUnI 2, acco-ding to the plat thereofrecordA. in Plat Boo 17, Pages 81:and 82 Public RecordsofBrovardCounty, Florida. PARCEL IV All of that portion of the follawing described propertylyingWestofStateRoadAlA, Brevard County, Florida: . • - From the 1/4 Section post on the West boundary of Section 14., Townehip 24 SouthRange 37 East, go South on the West line" of said Section i4, a distance of 10.15 chains and establishapoint, which said poiit is the point of beginning andNWcornerofthetractoflanddescribedLerein. said: /.:•,= point cf beginning, for a first course,' go East On a line, parallel to the line dividing the northwest 1/4 and theSz,uthwest 1/4 cf said Section 14 and 669.90 feet distantsouththerefrom, a distance of 1,322 feet, More or less, to e. point on the East line of the Bbiqnwest 1/k u theSouthwest1/4 of seid Section 14, Township 24 Soutt,TRange::, 37 East, thence for a second course go South On'theAStlineofsaidNorthwest1/4 of Southwest 1/4 ofSaidiaSection14, a distance of 231 feet to v point, which-pOintistbeSoutheastcornerorLotDof =EN'S SUEDMS.IC-:. PARCEL V according to tl:e .let of said subci. sien recorded ?nPlatr..ok - l-, LJ IVn 1, Page 2:;', of the b:%b11C Records of d'eV!°"' County, Florida; thence for s third course go West n alinoparalleltothelinedividingthenorthwest1/4andtheSouth/est 1/4 of st id Section 14, said line beingalsotheSouth ?.ire of said Lot D of TJTEN'S SUBDIVISIONand231feetSouthofthecoyeefirstgiven, a distanceof1,322 feet, more or less, eo a point nn the West -lineofsaidSection14, which said poo -t is 900.90 feet Scutho.`.' said 1/4 Section :lost; ;.hence for a fourth course, goforthontheWiestlineofsaidSection: 14, a distance of231feet-to`the poirt of beginning, and subject to theablerntoftherigktofwapof.Mate Road A1A,- as present - y Ionated and the rpscrnt of public utility lines on oracnessaidland. LESS AND EXCLPTING FROM ?.RCEL TV, HOWEVER, the pro artyconveyedbyShufordMills, Inc. to Gables By the Sea, Inc., 33 described in deed recoded In Official Records Book 667, Page 103, 7,ehl+_c Records of Brevard County, Florida. - The South 3 16 5 "cat of tart cn 15 Tr.-:'noh4p 24 ScotRange37East, Brevard County, Flor.tda being furtherdescribedastheEast3,5 C feet of the South 3,316.8 feetofsaidSection15, Township 21L oath, Range 37 East; And being further described es aO1 of Government Lots ' and 4, Section 15, Townshi,, 24 South, Range 37 Fast, andallofGovernmentLot2, Section 15, Township 24 South, Range 37 East; lying South of a line beginning on theeast .section line, at a point 1946.20 feet Sown of theNortheastsectioncorner, thence run Cc'lth 89 dc•z eee, 27 minutes 20 seconds East to Banana River. Teoether withallriparianandlittoralrightsofgrantog;..in and tothewaterso" the Banana_ River. U2$ .= EXCEPT the following described tracts of realproperty 1. Property leased to Jecr.b S. Martin as described inOfficialRecordsBook766, Page 357, Public RecordsofBrevar-d Count.- Florida. 2. Property conveyed to City of Cape Canaveral asdescribedinOfficialRecordsBook782, Page 149, Public Records of Brevard County, Florida. 3. Property conveyed to Canaveral Marine Inc, asdescribedinOfficialRecordsBook804, Page 267, Public Records of Brevard County, Florida. 4. Property conveyed to The Top of the Cape, Inc, asdescribedinOfficialRecordsBook855, Page 624, Book 870, Page 1005, Book 941, -Page 342, Book 1003, Page 4e2, all in Public Records of Brevard County, Florida. Property conveyed to Shuford Development 'Couean- as described in Official Records Book 941, Page372, Public Records of 3 etlar'd Co.-nty Fvvuuy, r1DI•ida, Property conveyed to Starderd Oi1 Company, asdescribedinC-fficial Records Book 1044, Page 893,. Public Record,- of Brevard County, Florida:-- Ate;kr for: 1134 Pa 70 Property cor.veyed to Canaveral Marine, inc., ese120, ft:J.Lic Records of Prevard County, Florida. Property conveyed to (111iam i:..,,Davi'3, 8s describes!. in Official Records Duo', =,77, Page r,43, PublicFifcOrd '3 O`-' Brevard '; lirty, 9. F_ (perty conveyed to R .L,S, , Inc. Official. Record p 5;;., ; as odokc5i9, ir. 1 , and 5-,)4. s Rook _ Page 40, Book 5F:9, Page. Soo' Pa:c Public Rec:,rdn o3 Rrevar'dCc,/ : ti, Florida. 10. Property conveyed to Fni.;ineero r7.entra1, Inc.,a3describedi.. .^ mIro Records Book 601 Page 6PublicRecordsBre•,rrd County, Florida. 51, Property conveyed to ,n C. Irvin, Trustee andesc `bed • . icIal Records Poo.: 713, Page 915, Public Rec__ds of Bre a rd Co,:..tyFlorida.', Il. d V J3 {C laC'a„.a.v .. .. .. r'.•.. v ii.Jesdescribe:3in Official Records .00.: 716, PFr7,s 92, aa and Book 7F•, page 634, Public Records of BrevardCounty, Flcrlda, 11. i3. Property ccn e -red tc Shuford Development Companyssdescribed1nOfficialRecordsBook986F_ng_e 256, Public Fiecc: ds ofBrevard County, Florida.Flo: ida 14. Property cc -n eyed to Gables By The Sea, Inc. described in deed recorded , as in Official _records BookC'F, Page h, Public 'e(Ords of Bre•a. d Co:inty, FloridP- 15. ',hat p•r(4C^•t dei. rind in warrantyStateofF :.:.• - 3 pecial v3ranty deedn, 'hick was recorded on September1:), 195 idOfficial RecO,,t3 Book 231 ? 141 ofi:he Publicis D. ,fiat certain dnainPge enser,ent to the State ofr1o. ida, which was recorded on October 13, 1959, in Official Records Book 239. Page 179, of thePublicRecordsof _:,evaA County, Florida. 17. That pro ert'r described in that certain warranty deedtoDeanDownsandLeeUpson, which was recorded onebruar' 27, 1962, in Official Records Book 469, Florida. age 726, of the Public Records of Brevard County, 18. Mat certain: property not conveyed to Shuford Mills, Inc.. by 0cnway A. Kittredge, et ux, and described as follows:. Commence at, the intersection of the West right -of-. Way line o1' State Rc,ad No, 1401 (100 feet as nowlaido) Rang'the lough line ofSection 15,"Township. South, ange3y it, Brevard County, F1.or1da;.• thence run North t9 desrrees, 27 minutes, 20 secondsWestalong -the South line of naid Section 15 adistanceof900.00 feet; thence North - 7 deg ee21minutes, 10 seconds Wast a distance of 631.22 `` feet; thence lvoa-th 52 cegrees, 38 minutes,H50: iShv'.ri t f!Ci3.104 ?Act 2,econd:; East 3 di,tunce 5f 60 feet; ther.co conc' F.E.31, diei-.and-, of l,5 fet; thcr.o. 7;,-,fth 3, 0.nute, secords T:At 5 .57-tanef feet; thence cc';rd'. West adIstannef, -et, to P DOI]t or rt -or -vay Pre nf said 3tat.,:4--,..ad --;r11; thence -- t - 10 seconds East alonE!. ssid-Sterly riv.,ht-of-ur,y I:Lne State iicad No. 1.31 to tria ;oint_cf bep:Inning. 0thegrantdr asenents to C5Lavera3, Oescri17,ed F:>:ze 14'5. :AblicofCoont-•, nr r,orar.A1 .lemacnih..1In1- Cifciai Record Book iieoo.:-Ss of Brevard County, F'onTda. 37%. of CJn -o Canaveval, us describedin5t.nnts i'n?i%r,d• Ln Of.: Reconds BookP3iCfseon' Br'ard County, Cepe Carl, a describedric.,ent nec7,.'ded :',ecords BockReccl.ds n-evard Coun, Snothe.'r i1 Thlechone TeleR1'2c!-; Co., descr•7ted _Tn ristnu-net ecord-3d inffn7R?ooT.0-; P.nnk Pa.ge. 56, 2ublicInevardCounty, Florida. FILED AN REcoRulPEVARDTYRA. YEW IED 700397 1970J1 9 PM 4 li ccr, rri PAGE rre 1 •1 i EA S EM -E NT S THIS INDENTURE, made and entered, into on this "(_!f' day of May, 1965, by and between CAPE CANAVERAL UTILITY CORPORATION, a corporation organized and existing under the laws of the State of Florida,; and,_, SHUFORD-MILLS, INC., a corporation organized and existing under the laws of the State of North Carolina, and qual ified to do'busiriess iu the.State of Florida, hereinafter called_ the Granter• r' !"e City nf`--Cape Canaveral, a municipal corpora- tion orga.:ized aiid existing under the laws of the State of Florida ind located in the County of Brevard, 7410 North Atlantic Avenue, Cape Canaveral, Florida, hereinafter called the Grantee; NOW, THIS -INDENTURE WITNESSETH: FOR AND IN CONSIDERATION of the sum or Te,. Dollars ($10.00 in hand paid, and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey to the City of Cape Canaveral, its successors and assigns, the right to construct, emplace, main- tain, inspect, operate, protect, repair, replace, change the size of, and remove a sewer pipe line and sewer pipe lines anu appurt- enances, ppurt- enances, together with the right of ingress and egress to and from the same for the purposes aforesaid, over, under, through and across the following described lands, situated in the City of Cape Canaveral, County of Brevard, State of Flo.ic'a, to -wit: EASEMENT E-1: An easement lying 6.00 feet each side of the following des- cribed centerline. Said easement lying in Section 1:', Township 24 South, Range 37 East, Brevard County, Florida. Commence at a point on the East Section Line of said Sec- tion 15, lying N 0°50'54" W a distance of 1713.43 feet from the Southeast corner of said Section 15; thence 3 89°09'06" W a dis- tance of 113.41 feet to the point of beginning of said centerline thence N 89°23'00" W a distance of 90.94 feet; thence N 68°51'10" W a distance of 994.40 feet; thence S 62°36'48" W a distance of 176.29 feet to the termination of Easement E-1. EASEMENT E-2: An easement lying 6.00 feet each side of the following des- cribed centerline. Said easement lying in Section 15, Township .24 South, Range 37 East, Brevard County, Florida. Commence at a point on the East Section Line of said Sec- tion 15, .lying N 0°50'54" W a distance of 1713.43 feet from the Southeast corner of said Section 15; thence S 89°09'06" W a dis- tance_of 119.41 feet to the point of beginning; thence N 1'21'56"E to the South line of the property described in O.R. Book 650 at image 234, said point being the termination of Easement E-2. EASEMENT E-3: An casement lyinc. 6.00 feet each side of the following des- cribed -centerline. Said casement lying in Zc cti. 15, Township 24 Sout'i, Range 37 East,, Brevard; County, Florida. Commence at a F rnt en the East Section l.:n of said Sec- tion ection15, lying N 0°50'54" W a distance of 1713.43 feet from the Southeast corner -of said -Section -A thence S 89°23'00"W a dis- tance of 11x.41 `lett •-'-tlitnce N:_39°23'00" -W -a distance of 90.94 feet: thence N 68°51'l07ii a distance of _'73-.99 feet to the point of he - ginning: thence -S2] 3=-:'-27 -w.-distance: of 207.48 feet: thence 551°10'41.''w a distance -t,f 4-E0 -0R Leet to the termination of Ease-- ment r,-3. - - EASEMENT E,4: 11776-a-ge-iireWlyinc,;.,`6-.00 feet each side of the following__des- cribed centerline. Said easement lying in Section 15, Township 24 South, Range 37 East, Brevard County, Florida. Commerce at a pointon the East Section Line of said Sec- tion 15, lying N 0°50'54"W a distance of 1713.43 feet from the Southeast corner of said Section 15; thence S 89709'06"W a dis- tance of 119.41 feet; thence N 89°23'OC"W a distance of 84.94 feet; thence N 63°51'10"W a distance of 849.73 feet to the point of beginning; thence N 21°08'50"E a distance of 192.20 feet to a point of cur"atute: thence ::ortheasterly to Northwesterly along a circular curve diverging to the left and having for its compo- nent parts a radius of 146.00 feet and a central angle of 58°30' 00" for an arc distance of 149.07 feet to a point of tangency; thence N 37°21'10"W a distance of 117.37 feet; thence N 88°44'38"W a distance of 220.00 feet- to the termination of Easement E-4. EASEMENT E-5: An easement Iying 6.00 feet each side of the"following des- cribed centerline. Said easement lying in Section 15, Township 24 South, Range 37 East, Brevard County, Florida. Commence at a point on the Easterly Right -of -Way Line of State Road * 401 (100' Right-ofWay as now laid out) said point being 2,389.38 feet Northerly of, asmeasured at right.anglcs +:u, the South line of Section 15, Township 24 South, Range 37 East, Brevnrd County, Florida; thence S 37'21'10"E along the said Eas- terly Right -of- Way Line of State Road = 401 a distance of 150.00 feet; thence N 52° 38'50'"E a distance of 318.64 feet to the Point of Beginning; thence S37°21'10"E a distance of 4.00 feet; thence S 88°44'38"E a distance of 250.00 feet; thence N 52°38'50" E a distance of 420.00 feet to the termination of Easement E-•5. EASEMENT E-6: An easement lying 6.00 feet each side of the following des- cribed centerline. Said easement lying in Section 15; Township 24 South, Range 37 East, Brevard County, Florida. Commence at a point on the East Section Line of said Sec- tion 15, lying N 0°50'54"W a distance of 1713.43 feet from the Southeast corner of said Section 15; thence S 89009'06"W a dis- tance of 119.41 feet thence N 89°23'00"W a distance of 84.94 feet to the point of beginning; thence S 1°55'48"E a distalce of 400 feet; thence S 0"50'54"t' a distance of 855 feet to the termination of Easement E-6. EASEMENT E-7: An easement lying 6.00 feet each side of the following des- cribed centerline. Said easement lying in Section 15, Township 24 South, Range 37 East, Brevard County, Florida. Commence at a point on the :east Section Line of said Sec- tion 15, lying N 0°50'54"W a distance of 1778.58 feet from the Southeast corner of said Section 15; thence S 89°09'06"W a dis- tance of 191.00 feet to the paint of beginning; thence N 0°50'54"W a distance of 925.00 feet; thence N 4°59'54"E a distance of 340.00 feet; thence N 89°27'20"W a distance of 160.00 feet to the termin- ation of Easement E-7. Atli 1 1. i EASEMENT E-8: An easement lying 6.00 feet each side of the following des- cribed ceeterline. Said easement lying in Section 15, Township 24 South Range 37 East,. Brevard County, Florida. Commence at -a -point-on-the-Westerly Right -of -Way Line of State Road 101 (100' Right -of -Way as now laid out) said point being 1907.63 feet Northerly,:,of-i-as:measured at right angles to, the Soutti line' -o( Se.ction-35, Toansh p., 24 South, Range 37 East; Brevard„County, F eT10.4,._thenco 5....63°2.1 34"K a distance of 94.-78 feet- to thr point of--begi;nntatg-enc. continue S 63°24'34"W a.. distance .,1'6'.00 fe_et,' t-trnue l0- 5 61°0T' W a distance of 397.:;3 feet: thence 5-B5°"16'01" K--a-distance o1::270.00 feet; thence - N _89°27'20 W ;' distance of 8)3.2l_ feet:` thence N 3l °48'44" W a distance of 64-.00 feet_ to_the tei-minat-ion -of Easement E-8. EASEMENT E-9: An easement lying 6.00,feet each side of :he following des- cribed center line. Said easement lying in Section 15, Township 24 South, Range 37 East, Brevard County, Florida. Commence at a point on the Westerly Right -of -Way Line rf State Road z 401 (100' Right -of -Way as now laid out) said point being 1907.63 feet Northerly of, a: measured at right angles to, the South line of Section 15, Township 24 South, Range 37 East, Brevard County, Florida; thence S 63°24'34"W a distance of 100.78 feet; thence S 64°10'01"W a distance of 397.33 feet; thence S 85° 16'01"W a distance of 276.00 feet to the point of beginning; thence N 0'32'40"E a distance of 350.00 feet; thence N 6'06'37"E a dis- tance of 200 feet; thence N 30°30'13"E a distance of 397.56 feet to the termination of Easement E-9, said point lying on the said Westerly Right -of -Way line of State Road r 401. EASEMENT E-10: Al -easement lying 6.00 feet each side of the following des- cribed centerline. Said easement lying in Section 15, Township 24 South, Range 37 East, Brevard County, Florida. Commence at a point on the Westerly Right -of -Way Line of State Road # 401 000' Right -of '.'ay as new laid out) said point being 942.28 feet Northerly -of, as.measured at right angles to, the South lin.: of Section. 1'i, Township 24 South, Range 37 East, Brevard County, Florida; thence S 52°38'50"?. a distance of 94.00 feet to the point of beginning; thence continue S 52°38'50"W a distance of 806.00 feet; thence S 37°21'10"E a distance of 30.00 feet to the termination of Easement E-10. EASEMENT E-11: An easement lying 6.00 feet each side ofthe following des- cribed centerline. Said easement lying in Section 15, Township 24 South, Range 37 Fast, Brevard County, Florida, and an easement lying 6.00 feet each side of the following described centerline lying in Section 14, Township 24 South, Range 37 East, Brevard County, Florida. Commence at a point on the East line of said Section 15, lying N 0°50'54"W a distance of 1739.58 feet from the Southeast corner of said Section 15; thence N 89°23'00"W a distance of 82.25 feet to the point of beginning; thence S 89°23'00"E a dis- tance of 82.25 feet to a point on the said East line of Section 15; thence S 89°26'00"E through said Section 14 a distance of 880.00 feet to the termination of Easement E-11. EASEMENT FM -1: An Easement lying 6.00 feet each side of the following'dec- cribed centerline. Said easement lying in Section 15, Township 24 South, Range 37 East, Brevard County, Florida. Commence at a point on the East Section Line of said Sec- tion 15, lying N 0°50'54"W a distance of 1793.58 feet from the Southeast corner of Said Section 15; thence :1 8S°09'06"W a dis tont e of 185. 0,feet io the point of begirni.ig; thence continue S 89°09'06"W a distance of 47.88 feet; thence N 68°51'10"W a distance of 559.17 feet; thence S 21°08'50"W a distance of 221.58 feet; to a point of curvature; thence Southwesterly along a circu- lar curve diverging to the right znd having for its component parts a radius -of 156.00 feet and a central angle of 31°30'00" for an arc distance of 85.77 feet to a point of tangency; thence S 52°38'50"W a distance of 257.71 feet to the termination of FM -1 said point being on the Easterly Right -of -Way of State Road r 401. PEG; r4u I 1 f EASEMENT FM -2: An casement iying6.00 feet each side of the following des- cribed centerline. Said 'asement lying in Section.15, Township 24 South, Range 37 East, nracard County, Fl vi' -.da Begin at a point on the'Westcrly Rlght-of-Way Line of State Road = 401 (100' Right -of -Way ,as now laid out) said point being 923.34 feet Northerly. of, is measured at right angles to, the South line of Section 15, Township 24 Bout Mange 37 East,Bre- vard County, Florida; thence -s 52°:i8'50"W a -distance of..958.13 feet -o a point of curvature;:.thcnce Southwesterly to..Ncrthwester]y along a circular curve diverging to the right a1 having for its component parts a radius of 372.7: feet and=h7dentral angle of 37°53'50' for ,p arc distance .of 21:7.20 feetIto'a_paint;.of tan gencv: thence N 89°27'20"W :distance of 158'.;:78 -feet to' a point of curvature: the,'ce No•thwesterly-along a'ciicular"curvediver- ging to the right and having for its component parts a radius of 1067.58 feet and a central angle of 27°0C'26" for an arc distance of 505.07 feet to a point of tangency; thence N 62"20'54"W a dis- tance of 186.60 feet to a point of curvature: thence Northwesterly along a circular curve diverging to the right and having for its component parts a radius of 107".0<' fLet and a central angle of 61° 30'00" for an arc distance of 1152.81 fey' to a point of tan- gency; thence N 0°50'54"W a distanr,e of 321.04 feet to the ter- mination o.0 Easement FM -2. EASEMENT FM -3: An easement lying 6.00 feet each side of the following des- cribed centerline. Said easement lying in Section 15, Township 24 South, Range 37 East, Brevard County, Florida. _ Commence at the Southeast corner of Section 15, Township 24 South, Range 37 East, thence N 89°27'20"W along the South line of said Section 15 a distance of 2852.25 feet; thence D 0°32'40"E a distance of 674.24 feet to the point of beginning; thence S 48° 16'04"W a distance of 259.00 feet to the termination of Easement FM -3. EASEMENT LS -1: Commence at a point on the Easterly Right -of -Way of State Road = 401 (100' Right -of -Way as now laid out) said point being 2,389.38 feet Northerly of, as.measured at right angles to, the South line of Section 15, Township 24 South, Range 37 East, Bre- vard County, Florida; thence S 37'21'10"E a distance of 150.00 feet; thence N 52°38'50"E a distance of 466.48 feet; thence S37°21'10"E a distance of 64.38 feet to the point of beginning; thence S 88°44'38"E a distance of 25.00 feet; thence S 01°15' 22"W a distance of 39.06 feet; thence N 88°44'38"W a distence of 25.00 feet; thence N 01°15'22"E a distance of 39.06 feet to the point of beginning. EASEMENT LS -2: Commence arTFe Southeast corner of Section 15, Township 24 South, Range 37 East; thence N 89°27'20"W along the South line of said Section 15 a distance of 3149.68 feet;' thence N 0°32'40"E a distance of 1723.17 feet to the point of beginning: thence S 31°48'44"E a distance of 20.00 feet; thence Sr 58°11'16"W a cistaree of 35.00 feet; thence N 31°48'44"W a distance of 20.00 feet; thence N 58°11'16"E a distanced 35.00 feet to the point of beginning. I hereby certify that the foregoing described easements encompass the sanitary sewer gravity lines, sanitary sewer force mains and santary'sewer lift st-'tic:is, that are existing and under construc- tion. ojsera !+ - J. Stan ; Fla. Reg. Surveyor= #•19`8 ' " FME L47 TO HAVE f:) ?O HOLD tho sai:i sewer line easement and ,rir-ht- T of h.:n1--:.--y-,rantad to tia-t n forc,vor. Th .ntor e . person: -..:JoLso-.!ver. use.1 in this trui.:-••nt, the sirs -Liar shell include the tiuz.1and the plural thr slnrular, and the of ani err 3a11 in-.!.1..1C.,e :errs. I ./IT11-33.3 tnc., Grantor has caused the -ic presents to le s neci iri is its President, an ,.2.• its corporate seal to be iLed, ttested its C,e;retany, the dt.ty, anci year aboy:a Sicned, sesled and • CM CANATE1-11L Le 3f: r.ealed an:1 .-17-liver.,..d in the presenc of: 77 JTY:CORPORATION te.t: Air rdnisent . 3tactottlry - CORPORATE 3EJIL): yFORD y-rr:r :1, INC . , PresiCi, t . Ittest : e705722,c--7/ oe' cret &au....-,-.,,t'gh 1, .,•.,... l• cciFoRA',/,-,, ''''., 1' F'l.tu ••••—•F iVERtout., R; FAS( 4 s 1-.7,311 t_ o t.. ieO_ to their' lDL- tc L:l'. '.).; ., L- ':O• _`i l.` V0. .... - i i a. ' ... Inc: WIT. .JS 1C 3L al at - :i11', ilol'-..^_, t'.._ c:..,, i - :i 1, 1t.-at- ctar•- t_ O, i1oriva QL L.a ;i 31 _ ion exp' rt -,s :s J STATZ OF _ LC iJ,i COT= OF I _-ETRE: _ C RTIF'L that on this 1 Qt9%da;19 before re uersonally appearappeard Alex Shuford anc'! C. President and Secretary respectively of Shu: rd Lllic, Inc., a corporation undi- the laws of the State of FioI'th Carolina to ... ;mown to be the rfr•_o:_s c_..cric.ci in end who executed t.he foregoinF conveyance a -d they severally acI:n0'a1ed.:ed the execution thereof to ::e their free act and- (seed as such officers, for the uses and purpo es therein :::entioned; am; that they affixed thereto the official sell of said corporation, and tie said instrument is the act and (leen of sFa.i corpo2•atio 1. JI'T; :SS my signature and of' cial seal at Titusville, iri the County of Brevard and State of orida, the tray and fey last aforesaid. . N tary 1 lic State of lorida at Large ca mission e tires OTA 7 iP91 :C. i;All .a •.., <.",. MY ri40,,ss,e4 ['HRIS IA!l. 5. ISS, r.mcn F01:. W. OM. :MA Si 11-02-1993 01:04 y+ 407 264 524E 9REVARC CO. CLERK 2 rc. tri .•ijf tiptit z.114214431114:47'. J DEED.NO; 21liell '' - Krioii' ALL lds N. by T16E14 PRILSKIVrec That tl r _ prosaa nt FuAd'of .the State. of Flarirng wicha authority, o(,Liw,. !or end 't 31G-;-IJ;_,'1 11 ,1:3:1tILz_1•,•0 •,_:I i:jc? Irc At_t,'`.:1'- vg. -ii• 11 DOLLARS, to *auto hind paid by-- of . Comply of, • ?: i'4.. ryi • ' ' • Slite,L .- oassf".--- barp iwd mid. aold,.and' do by thee* pi -toots oust, b+u'glti,. 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IY.Ylttiy J coa P.02 P r E 'I..Y '4F 10£33 FALE 846 CERTIFICATE OF APPROVAL FOR ESTABLISHMENT OF BULKHEAD LINE NO.. 5 (3-11-69, 4-29-69) WHEREAS, Chapter '7-362, Laws of Florida, Florida Statutes 253.122, as amended by Charter 67-393, Laws of Florida, authcrizes lace). authorities to locate and fix bulkhead linos in the tidal waters within their jurisdictional limits for the purpose of controlling dredging and filling of suianerge=l sovereign lands in the interest of the public; and W`IEREAS, the- Trustees of the internal Improvement Fund of the State of Florida, in whose custody the sovereign lands and waters aro ested for the pi,.tection of t1.e public interest, are responsible for reviewing and approvingbulkheadlinesestablisnedlocally; and WHEREAS, the Board of County Corr issioners of Brevard County, Florida, by resolution of February 6, 1969, did adopt and submit to the Trustees of the Internal Improvement Fund for approval a bulkhead established for the Bennett Causeway in the Indian River and the Banana River, said bulkhead being morc particularly described as follows: LEGAL DESCRIPTIONS OF INDIAN RIVER. BUL BEAD LINE: 1' Commence on the west line of Section 17, Towne,hip 24 South, Range 36 Ea.;t, at a point )191.61 feet northerly from the southwest corner of the N.W. xi of said Section, and run North 80057'40" East, 2835.37 feet for a point of beginning; from said point of beginning run North 09°02'20" West, 80 feet; thence South 80°57'4C" west to the existing westerly shore line of the Indian River; begin agair at the point of beginning and run South 09°02'20" East, 145 feet; thence South 80°57'40" West to the existing westerly shore line of the Indian River. 2) Commence on the west line of Section 17, Township 24 South, Range 36 East, at a point 1791.61 feet northerly from the southwest corner of the N.W. L of said Section 17, and run North 80''57'40" East, 3136.37 feet for a point of beginning; from said point of beginning run North 09°02'20" West, 300 feet to the northerly right of way line of State Road 528; thence North 80°57'40" East along said right of way line a distance of 2369.50 feet: thence South. 09°02'20" East, 600 feet to the southerly right of way line of State Road 528; thence South 80°57'40" West along said right of way line e distance of 2369.50 feet; thence North 09°02'20" West, 300 feet to the point of beginning. f1) Commence at the corner common to Sections 10, 11, 14, and 15 of Town- ship 24 South, Range 36 East, and run South 49°47'23" West, 2379.06 feet to the beginning of a curve concave to the sout`eai. arly and having a radius of 6875.50 feet; thence along said curve through a central angle of 08°49'48" a distance of 1059.60 feet to the end of said curve; thence South 80°57'40" West, 3941.65 feet for a point of oeginning; from said point of beginning run North 09°02':0' West 300 feet to the northerly right of way line of State Road 528; thence North 80°57'40" East along said right of way line a distance 2,129.33 feet; thence South 09°02'20" East along said right of way line 100 feet; thence North 80°57'40" East along said right of way line 1802.17 feet, more or less, to the existing easterly shoreline of the Indian River; becin again at the point of beginning and run South 09°02'20" East, 388.82 feet, more or less, to the southerly right of way line of State Road 528; thence North 79°08'25" East along said right of way line a distance of 4141.46 feet, more or less, to the existing easterly shore line of the Indian River. LEGAL DESCRIPTIONS OF BANANA RIVER BULKHEAD LINE: 1) Commence at the southwest corner of Government Lot 4, Section 7, Township 24 South, Range 37 East, and run North 89°47'02" East, 2920.85 feet for a point of beginning; from said point of beginning run North 00°12'58" Wes_. 30C feet to the northerly right of way line of State Road 528; then.:e So-th 89°47'C7" West 7iong said right of way line a distance of 1441.50 feet, more or less, to tae existing westerly shore line of the Banana River; begin again at the point of beginning and run South 00°12'58" East, 300 feet to the southerly right of way line of State Road 528; thence South 89°47'02" West along said right of way line a distance of 1480.76 feet to the existing westerly shore line of the Banana River. 111111111 V1083 PAGE 847 2) Commen.e at the southwest corner of Government Lot 4, Section 7, Township 24 South, Range 37 East, and run Ncrth 89°47'02" East, 3110.35 feet for a point of beginning; from said point of beginning run North 00°12'58" West, 300 feet to the northerly right of way line of St.te Road 528; thence Worth 89°47'02" mast along said right of way 1'.ne a distance of 3341.00 feet; thence South 00°12'58" East, 600 feet to the southerly right of way line of State Road 528; thence South 89°47.(2" Went along said right of way line a distance of 3341.00 feet; th' ce North 00°12'58" West, 300 feet to the point of beginning. 3) Commence at the southwest corner of Government Lot 4, Sect.'.on 7, Township 24 South, Range 37 East, and run North 89°47'02" East, 7455.85 feetefor a port of beginning; from said point of beginning run South00°12'58' East, 300 feet to the southerly right of way ,ir:e of State Road 528; thence North 89°47'02" East along said right of way lir.F adistanceof2649.09 feet to the beginning of a curve concave to the northwesterly and having a radius of 9849.30 feet; thence continue along said right of way line and the arc of said curve to a ooi't on the W.st line of the north 11 of the NE 'a of Section 16, said Township and Range; thence southerly along said west line of north '' of NF 4 of Section 16 to the southwest corner of said north 13 of NE 5; thence easterly along the south line cf said north 12 of NE 13 to the existingeasterlyshorelineoftheBananaRiver; begin again at the point of beginning and run North 00°12'58" West, 300 feet to the northerly right of way line of State had 528; thence North 89°47'02" East along saidrightofwaylineadistanceof350feat, more or less, to the west line of the proposed Canaveral Port Authority bulkhead line. AND WHEREAS, the Trustees of the'Internal Improvement: Fund have examined the bulkhead line as submitted and find it to be located and properly estab- lished according to the provisions of Section 253.122, Florida Statutes, as amended by Chapter 67-393, Laws of Florida; NOW THEREFORE:, BE IT RESOLVED 3Y THE TRUSTEES OF .NE INTERNAL=MPROVZMENT FUND OF THE STATE OF F CPJOA that the bulkhead'11: as adopted by the Board of County Commissioners of Brevard County, Florida, by resolution of Felruary 6, 1969, be approved and adopted for the purposes prescribed by Section 253.122, Florida Statutes, o remain effective until altered or invalidated in accord- ance with the Law. DONE AND ORDERED this 29th day of May, 1,69, pursuant to action of th Trustees of the Internal Improvement Fund in regular meeting on March 11, 1969, and April 29, 1969. cup 9CCCRTO BREDV R rj 6S2 39 w 13 r,t 1 t 23 GOVERNOR - C. S CRETARY SEAL TRDSTEES . OF INTERNAL IMPROVEMENT FUND 196 APPROVED AST6FORM ANC trJ .' • EARL FAIRCLO?H, Agalley Gene.e: BY —JJ Aidt Attorney °Mews% 5 (3-11-6Q, 4-29-69) Clerk Circuit Cout Recorded a.ricli Verified Brevard County, fl Pgs. # Nanes_ Trust Fund „sty Rec. Fee f7 is RESOLUTION NO. 94-06 Stamp -Deed__ Excise Tz_ Stamp•MtBMc ___ A RESOLUTION OF THE CITY OF CAPE CANAV,Chii Refur,i BREVARD COUNTY, FLORIDA; VACATING THE FORMER a SIXTY FOOT (60') ROADWAY EASEMENT FOR TOWER BOULEVARD; REQUIRING THE DEDICATION OF NEW EASEMENTS TO THE CITY; REQUIRING THE 0 CONVEYANCE OF A PARCEL OF LAND TO THE CITY; m PROVIDING FOR AN EFFECTIVE DATE. a> c) c C'i JLL jQ o ` WHEREAS, Discovery Bay Development, Inc., successor in or, U x CA 8 CT jcnn°.O et; interest to James W. Peeples, III, (Developer) has petitioned the c as L.00-0 City of Cape Canaveral to vacate the former sixty foot roadway o a U easement for Tower Boulevard; and WHEREAS, the City Council has determined that it is in the best interest of the City to vacate that easement. NOW THEREFORE, BE IT RESOLVED by the City Council of the City 4.0 3 of Cape Canaveral, Brevard County, Florida, as follows: A SECTION 1. The City of Cape Canaveral hereby vacates the former sixty foot (60') Roadway Easement for Tower Boulevard, more 2 a particularly described as follows: A parcel of land lying in fractional Section 15, Township 24 South, Range 37 East, Tallahassee Base Meridian, Brevard County, Florida and being more particularly described as follows: Commence at the southeast corner of said Section 15; thence N 89°29'13" W, along the south line of Section 15; distance of 1329.06 feet; thence N 0°34'52" E, a distance of 429.67 feet to the point -of - beginning; thence S 52°38'50" W, a distance of 160.89 feet to the point -of -curvature of a radial circular curve concave to the northwest, having a radius of 379.73 feet; thence southwesterly, along the arc of said curve through a central angle of 37°53'50" for an arc distance of 251.17 feet to the point -of -tangency of said curve; thence N 89°27'20" W, a distance of 158.78 feet to the point -of -curvature of a radial circular curve concave to the northeast, having a radius of 1073.56 feet; thence northwesterly along the arc of said curve through a central angle of 30°29'39" for an arc distance of 571.37 feet to the intersection of a radial circular curve BK3376Pc0218 City of Cape Canaveral, Florida Resolution No. 94-06 Page 2 concave to the north, having a radius of 379.54 feet; thence easterly along the arc of said curve through a central angle of 20°24'50" for an arc distance of 135.23 feet to a point -of -tangency; thence S 89°25'08" E, a distance of 57.50 feet to a point a radial circular curve concave to the northeast, having a radius of 1013.56 feet; thence southeasterly along the arc of said curve through a central angle of 20°29'46" for an arc distance of 362.58 feet to the poi..L-of-tangency; thence S 89°27'20" E, a distance of 158.78 feet to the point -of - curvature of a radial circular curve concave to the northwest, having a radius of 319.73 feet; thence northeasterly through a central angle of 37°25'03" for an arc distance of 208.80 feet to an intersection with a radial circular curve, concave to the northwest, having a radius of 380.00; thence northeasterly through a central angle of 26°23'14" for an arc distance of 175.01 feet; thence S 37°21'10" E, a distance of 2.25 feet to the point-of-be5inning. SECTION 2. The vacation of the property described in Section 1 is contingent upon the Developer granting the following easements to the City: Fifteen Foot Public Utilities Easement A parcel of land lying in fractional Section 15, Township 24 South, Range 37 East, Tallahassee Base Meridian, Brevard County, Florida and being more particularly described as follows: Commence at the southeast corner of said Section 15; thence N 89°29'13" W, along the south line of Section 15; distance of 1552.01 feet; thence N 0°34'52" E, a distance of 377.23 feet to a point on a radial circular curve concave to the northwest, having a radius of 380.00 feet; (said point also being the point - of -beginning) thence northeasterly along the arc of said curve through a central angle of 15°16'42" for an arc distance of 101.33 feet; thence S 37°21'10" E, a distance of 15.62 feet to a point on a radial circular curve concave to the northwest having a radius of 395.00 feet; thence southwesterly along the arc of said curve through a central angle of 16°09'18" for an arc distance of 11.37 feet; thence N 0°34'52" E, a distance of 15.00 feet to the point -of -beginning. 6K3376PG0219 City of Cape Canaveral, Florida Resolution No. 94-06 Page 3 Ten Foot Drainage Easement A parcel of land lying in fractional Section 15, Township 24 South, Range 37 East, Tallahassee Base Meridian, Brevard County, Florida and being more particularly described as follows: Commence at the southeast corner of said Section 15; thence N 89°29'13" W, along the south line of Section 15; distance of 1272.51 feet to the point -of -beginning; thence cont_...ie N 89°29'13" W, along said line, a distance of 10.00 feet; thence N 0°30'51" E, a distance of 191.67 feet; thence N 37°21'10" W, a distance of 268.59 feet to a point on a radial circular curve concave to the northwest, having a radius of 380.00 feet; thence northeasterly, along the arc of said curve through a central angle of 1°33'32" for an arc distance of 10.34 feet; thence S 37°21'10" E, a distance of 269.40 feet; thence S 0°30'51" W, a distance of 195.10 feet, to the point -of -beginning. SECTION 3. The vacation of the property described in Section 1 is contingent upon the Developer conveying the following parcel of land to the City by Special Warranty Deed: A portion of that parcel as described in Official Record Book 1410 at Page 96 of the Public Records of Brevard County, Florida being more particularly described as follows: Commence at a railroad spike at the southeast corner of said Section 15; thence N 35°46'12" W, for a distance of 401.26 feet to a 1/2 inch rod in the centerline of State Road 401, a 100.00 foot right-of-way as shown on the Florida Department of Transportation right-of-way maps for Section 70080-2202, approved 9-2- 59; thence N 37°22'12" W, as reference bearing along said centerline, for a distance of 822.44 feet to a PK nail and disk stamped GDI LB 4802; thence S 52°37'48" W, for a distance of 50.00 feet to a point on the southwesterly right-of-way line of said State Road 401; thence continue S 52°37'48" W, for a distance of 663.12 feet to the point of beginning, thence S 52°37'48" W, for a distance of 60.00 feet; thence S 37°22'12" E, for a distance of 30.00 feet; thence N 52°37'48" E, for a distance of 60.00 feet; thence N 37°22'12" W, for a distance of 30.00 feet, to the point of beginning. SECTION 4. It is specifically understood that the vacated eK3376PG0220 City of Cape Canaveral, Florida Resolution No. 94-06 Page 4 property cannot be used as acreage for any density calculations. SECTION 5. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 1st day of March , 1994. ATTEST: Faith .g i '` ,+ LERK Approi: 744d TY ATTORNEY U pCL- / Jo; C Salamone, MAYOR.. cc: 3/2/94 - Brevard County, Recording Dept.; Ali Tezel, Discovery Bay; Jim Morgan, Building Official; Micheal Gluskin, Public Works Director. V VES NO OMRSP2j NICKL x laLitRI111SMESACAMOX Mont to:. (Mldon sell-sddres3ed stamped onve10pe) James S. Theriac um. 96 Willard Street Suite 302 Cocoa, Florida 32922 i11ke klstrsanat Prepared by: James S. Theriac rr„. 96 Willard Street Suite 302 Cocoa, Florida 32922 CJ O C.l1 O rn r NACA AIM TM$ MI FOR PlIOCISSAID DATA 1114 Quit -Claim Deed, Executed this .2 sitj day of Rp r 11 CEVESCO, INC., a Florida Corporation first party. to CITY OF CAPE CANAVERAL, a political subdivision of the State of Florida whose postofTice address is P=rnr;. El.: 7. I'EFIFIFP 8 4836? 90 APR 27 hHI1:24 NACU Mort THIS UK FOR MC ,%e.IIO DATA A. D. 19 90 , by second party: Post Office Box 326 Cape Canaveral, Florida 32920 Wherever used herein the term. "lint party" and "served party" dull include *insular and pineal, Fein, Intalrepresentatives. and .winns et individuals, and she suuesmwa and awes. el .orpor.tios., wherever she .ens.at so admits nr requires.) il(tnesseth, That the said first pasty. ; .. and in consideration of the sum of S 10.00 in hand paid by the said second party. the receipt whereof is hereby acknowledged. does hereby remise. re- lease and quit -claim unto the said second party forever. all the right. title. interest. claim and demand whichthesaidfirstpartyhasinandloIkefollowingdescribedlot. piece or parcel of land. situate. lying and being in the County of Brevard Stale of Florida to -wit:, See Exhibit "A" attached hereto and incorporated herein by this reference. The purpose of this quitclaim deed is to dedicate to the public the landman describedoia- d in Exhibit A for the purpose of a public street. The second party, a l tion organized and existing under the laws of the State of Florida, by recording this deed does hereby accept f;aid dedication. The second party agrees, at its expense, to install, pave and maintain a public road known as Tower Boulevard in the right-of-way described in Exhibit "A". The second party agrees not to make any special assessments against the property of the first party for the cost of such installation, paving maintenance. To Haut and to }i0id the same together wills all and singular the appurtenances !hereunto belonging or in anywise appertaining. and all 11,, estate. right. title. interest. lien. equity and claim whal- sorvrr of the said first parly. either in law or equity. to the only proper use. benefit and behoof of the Bald.• second party forever. In tlifriess Ifihertof, The said first parly has CEVCO, INC., a Flor s. sed and sealed these prr»nfiahN` oy..p/1dieP"" pptio firs) above written. Signed. sealed and delivered in presence of: A • By AOC)lrrl....e • Ysap rx% Attest: STATE OF FLORIDA, COUNTY OF officer duly author 1• 1 HEREBY CERTIFY that on this day, before finee,, as irrd in the State aforesaid and in the County aforesaid to take acknowledgmen^s,,Ve}?DO'Iti'Jafitcl the n4 sdGeorgeH. Fir 0", 7r' to me known to be the person Sdescribed in and who executed the foregoin t aforesaid this . alt . 0 .!6i ofbeforemethattheyexecutedthesame. on behalf of said WITNESS my hand and official seal in the County and State las 4133- l r1.;A; D„13,90•.•..• g instrument and ,V -.•s /' -ry: Corporatist '' ..;•.-c. Donde::. •. - ,. . Lt f^ do .......•: aF yes.,....:.... NOTARY PUBLIC, State ,0::7 F3orida EXHIBIT A SURVEYOR'S DESCRIPTION: (TOWER BOULEVARD) A STRIP OF LAND 60.00 FEET IN WIDTH LYING 30.00 FEET ON EACH SIDC OF THE FOLLOWING DESCRIBED CENTERLINE BEING A PORTION OF SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A RAILROAD SPIKE AT THE SOUTHEAST CORNER OF SAID SECTION 15; THENCE N 35 46'12" W, FOR A DISTANCE OF 401.26 FEET TO A 1/2 INCH ROD IN THE CENTERLINE OF STATE ROAD 401, A 100.00 FOOT RIGHT OF WAY AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPS FOR SECTION 70080-2202, APPROVED 9-2-59; THENCE N 37 22'12" W, AS REFERENCE BEARING ALONG SAID CENTERLINE, FOR A DISTANCE OF 822.44 FEET TO A PK NAIL AND DISK STAMPED GDI LB 4802; THENCE S 52 37'48" W, FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 401 BEING THE POINT OF BEGINNING OF SAID 60.00 FOOT STRIP OF LAND; THENCE CONTINUE S 52 37'48" W, FOR A DISTANCE OF 663.12 FEET TO POINT "A"; THENCE CONTINUE S 52 37'48" W, FOR A DISTANCE OF 91.41 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 350.00 FEET; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 20' 19'59", FOR A DISTANCE OF 148.64 FEET TO POINT "8"; THENCE CONTINUE WESTERLY, ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 13 33'51", FOR A DISTANCE OF 82.86 FEET TO A POINT OF TANGENCY; THENCE N 89 28'22" W, FOR A DISTANCE OF 730.66 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING / RADIUS OF 350.00 FEET; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 27 06'26", FOR A DISTANCE OF 165.59 FEET TO A POINT OF TANGENCY; THENCE N 62 21'56" W, FOR A DISTANCE OF 77.99 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1050.00 FEET; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 61 31'02", FOR A DISTANCE OF 1127.37 FEET TO A POINT OF TANGENCY; THENCE N 00 50'54" W, FOR A DISTANCE OF 323.71 FEET TC THE POINT OF 1r.KMINATION OF SAID 60.00 FOOT STRIP OF LAND. SAID 60.00 FOOT ;TRIP OF LAND BEING BOUND ON THE EAST BY THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 401 AND ON THE NORTH BY A LINE PASSING TEIRI THE POINT OF TERMINATION HAVING BEARING AT N 89 27'20" W. AND ALSO TOGETHER WITH A TRIANGULAR PARCEL BOUNDED AS FOLLOWS: ON THE NORTHWEST BY TETE SOUTHEASTERLY LINE OF THE ABOVE DESCRIBED STRIP; ON THE NORTHEAST BY THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 401; AND ON THE SOUTH BY THE ARC OF A CURVE HAVING A RADIUS OF 25.00 FEET, CONCAVE TO THE SOUTH, TANGENT TO SAID SOUTHWESTERLY RIGHT OF WAY LINE AND TO THE SW,.THEASTERLY LINE OF SAID 60.01 FOOT STRIP OF LAND. FIRST EXCEPTION: LESS AND EXCEPT A PORTION OF THAT PARCH. AS DESCRIBED IN OFFICIAL RECORD BOOK 1410 AT PAGE '16 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA BEING MORI PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE ABOVE DESCRIBED POINT "A"; THENCE S 52 37'48" W, FOR A DISTANCE OF 60.00 FEET; THENCE S 37 22'12" F„ FOR A DISTANCE OF 30.00 FEET; THENCE N 52 37'48" E, FOR A DISTANCE OF 60.00 FEET; THENCE N 37 22'12" W, FOR A DISTANCE nP 30.00 FEET TO TIIE POINT OF BEGINNING. SECOND EXCEPTION: LESS AND EXCEPT A PORTION OF THAT PARCEL AS DESCRIBED IN OFFICIAL RECORD BOOK 2497 AT PAGE 2391 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE ABOVE DESCRIBED POINT B"; THENCE S 13 02'13" E, FOR A DISTANCE. OF 30.00 FEET TO THE POINT OF BEGINNING BEING A POINT ON THE ARC OF A CURVE CONCAVE TO TIIE NORTH HAVING A RADIUS OF 380.00 FEET, SAID POINT BEARS S 13 u2'13" E FROM THE RADIUS POINT OF SAID CURVE; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE 0 00 25'53", FOR A DISTANCE OF 2.86 FEET; THENCE N 52 37'48" E, FOR A DISTANCE OF 2.60 FEET; THENCE S 37 22'12" E, FOR A DISTANCE OD 1.19 FEET TO THE POINT OF BEGINNING. THIRD EXCEPTION: LESS AND EXCEPT A PORTION OF THAT PARCEL AS DESCRIBED IN OFFICIAL RECORD BOOK 782 AT PAGE 150 OF TIIE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA BEING MOR PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT TIIE POINT OF TERMINATION OF THE ABOVE DESCRIBED 60.00 FOOT STRIP OF LAND; THENCE N 89 27'20" W, ALONG THE NORTH LINE OF SAID 60.00 FOOT STRIP OF LAND, FOR A DISTANCE OF 10.18 FEET TO THE POIN OF BEGINNING; THENCE S 31 38'24" E, FOR A DISTANCE OF 4.99 FEET; THENCE S 58 21'36" W, FOR A DISTANCE OF 26.05 FEET; THENCE N 00 50'54" W, FOR A DISTANCE OF 18.10 FEET; THENCE S 89 27'20" E, FOR A DISTANCE OF 19.83 FEET TO TIIE POINT OF BEGINNING. nC7JUJI D rnm DEED AND EASEMENTS CEVESCO, INC., a corporation organized and existing under the laws of the State of Delaware, and duly qualified to do business in the State of Florida, party of the first part, does hereby grant, bargain and sell to the City of Cape Canaveral, a municipal corporation, party of the second part, whose post office address is 105 Folk Avenue, Care Cameral, Florida 32920 , for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other good and value • e consid, ation in hand paid by said party of the second part, receipt whereof is hereby acknowledged, the following described land situate, lying and being in the County of Brevard, State of Florida, to wit: A portion of Section 15, Township 24 South, Range 37 East, City of Cape Canaveral, Brevard County, Florida, move particularly de- scribed as follows: Commence at the Southeast corner of said Section` 15; thence N89idor 781.10•feet; along thence N00 e 32' 40th "Eeof for a adistanceooff 942. 281feetce of to a point on the Westerly right of way line of State Road A -1-A, a 100.00 foot right of way, thence S52.38'50"0 along the centerline of Tower Boulevard, a 60.00 foot undedicated right of"way, for a distance of 911.00 feet to the Point of Beginning; thence S37'21'10"E for a distance of 5.00 feet; thence S52°38'5U"W for a distance of 10.00 feet; thence N37'21'10"W for a distance of 10.00 feet: S37'21 10" 5E for ance • 38'50"E for . distance distance of 500 feeto the Point of Beginning. Containing 100.00 square feat. This Deed is given to the City of Cape Canaveral for the purpose of conveying title to a parcel of land on which has•been constructed a sewerage lift station, and should this use of said property be ever discontinued or abandoned by the City of Cape Canaveral, title of the land described above shall revert to Caveaco, Inc., its successors and assigns. EASEMENTS CEVESCO, INC. also hereby grants; bargains and sells to the City of Cape Canaveral, an assignable, non-exclusive easement, for street right-of-way and utility lines, including the right to construct, emplace, maintain, inspect, operate, protect, repair, and remove such utilities over; under and across the following described lands situate, lying and being in Brevard County, Florida, to wit: 1 Ctvrrt tc- This Instrument Prepared by L• J. M. STARLING CF,CFT311, 113110 .1. STAIR, P. A. 509 Palm Avo. P. 0.11.)x GG9 Titusville, Fla. 327AO RECFEE s . 3n0 DOC E.T. $ I1L'5 INT TAX S SER CHr, $ REFUND S Cwt. Cncmt Cowl b'i......, t. h:.a RECD PATMENT RS uu.cA; FD tJR CLASS l— ailknraa & DOC S;;MP TAXLS. PARCEL 1 - Easement A portion of Section 15, Township 24 South, Range 37 East, City of Cape g a feet. CinvwidthBlyingd 30.00 yfeetorona, eachnside strip land thefoliowing described centerline: Commence at the Southeast corner of said Section 15; thence N89°27'20"W along the South line of said Section for a distance of 781.10 feet; thence N00°32'40"E for a distance of 942.28 feet to a • point on the Westerly right of way line of State Road A -A, ce S 100.00 foot right of way, the Point of Beginning; 52°38'50"W for a distance of 958.13 feet to a point of curvature of a curve to the right having a radius of 349.73 feet' thence Southwesterly along the arc of said curve thru acentraletalf tangency; a 37° 53' 50" for a distance of 231.32 feet to a point thence 9 7 78 to a point o curvature ofa2 curve to the iright eof 5 having feet radius of 1043.56 feet; thence Westerly along the arc of said curve thru a central angle tanglecof 27° 06'26" for a distance of 493.72 feet to a pointoint ofthenceN62°20'54"W for a distance of 186.60 feet to a .pcurvatureofacurvetotherighthavingaradiusof1050.00 feet; thence Northwesterly along the arc of said curve thru a central angle of 61°30'00" for a distance of 1127.05 feet to a point of tangency; thence N00°50'54"W for a distance of 321.05 feet to the Point of Termination. Said 60.00 foot strip of land is bounded on the East by the Westerly right of way of State Road A -1-A and ontheNorthwestbytheNorthrightofwaylineofCentralBoulevard, an undedicated 100.00 foot right of way, being a line bearing N89°27'20"W. • PARCEL 2 - Easement A portion of Stetion 15, Township 24 South, Range 37 East, City of Cape Canveral, Brevard County, Florida, being a strip of land 100.00 feet in width lying 50.00 feet on each side of the following described centerline: Commence at the Southeast corner of said Section 15; thence N 89°27'20"W along the South line of said Section for a distance of 1532.48 feet; thence N00°32'40"E for a distance of 1907.62 feet to 100. 001 foot on the right Leofy way, of the wayline of of Road A-1-A, Beginning; thence S 62°38'50"W for a distance of 378.00 feet to a point of curvature of a curve to the right having a radius of 611.05 feet; thence Southwesterly along the arc of said curve thru antofl angle tangency; 227°53'50" for a distance of 297.52 feet to a pointthenceN89°27'20"W for a distance of 1007.77 feet to the Point of Termination. Said 100.00 foot strip of land is bounded on the EastbytheWesterlyrightofwayofStateRoadA -1-A and on the West by the Westerly right-of-way undedicated eing a line bearing 14005O 54"W60.00footright of ay The City of Cape Canaveral and its ensigns shall utilize the easements herein granted in such a manner that such use does not unduly interfere with the use by others of the easement areas for purposes of ingress and egress and other utilities. 1N WITNESS WHEREOF, the said party of the first part has caused these presents to be signed in its name byitsabove proper officer, and its andcorporatesealtobeaffixed, the dayyear SCO, INC. cORPoRATE SEAL) 141% eorge N. firkins, Jr., Vice President STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on this day personally appeared before me, anofficersutharized,to:administer-:oaths and:take_ackaovledgments,..Georg U AFirkins; Jr., Vice, President of.Cevesco,=Inc ,;a.Delaware corporati duly qualified to do business ial`tth`e State of Florida,.aae.be acknow-iedgedbeforelea1that,be; execute tha foregoing D d Tilesents Mika officer on.behalf `of id corporatiiri freely a ill' purposealbereiu expressedant the s 'af( beret corporate sealof.. sai corpetationWITNESS,mI.hand andof i- Notary Pub c !•x K ossdssion Cp r llotxl h . Sliq of Commission Expires Sopt.'14. Dm her lam Irettmedai. I OFF.REC. 'PAGE 2497 2393 ry-v W(. wSvSv v vOvOvOvOw"w"w"vOUOvOvOvOvOvOvOvOvpvOvNvw^vwC\%n/c.OOnnnwn , _ V rnnnnnnn ,nnnwn 4Z OrparfmPut of *fate I certify from the records of this office that CEVESCO INC, is a corporation organized under the laws of Delaware, authorized to transact business in the State of Florida, qualified on October 16, 1969. The document number of this corporation is 823411. I further certify that said corporation has paid all fees and penalties due this office through December 31, 1996, that its most recent annual report was filed on March 15, 1996, and its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. CR2E022 (2-95) QWNW W'W4rW v. W^ W^W UWW nvnwnn nrcnCn rC iben xixtbrr mg Ittni ttxtb tUr 6ri tt$rttd of t.Clr$tatr ofcc4orikra, rxt Ttt ttsoer, tlr (ajaitWC, tis t.tjr Fifth bag- of March, 1997 arrtrra.nrtianx 5rrrrtary nf$tate 4i 4 c4Oi0r 0NN ' N N N N N oWCNr4 n vor: n n n n n n MINUTES OF INFORMAL ACTION TAKEN BY DIRECTORS OF CEVESCO, INC. The undersigned, being all of the directors of Cevesco, Inc., do hereby take the following action: 1. RESOLVED that the Contract for Sale and Purchase of approximately 10 acres of land owned by Cevesco, Inc. to the Florida Communities Trust, an Agency of the Florida Department of Community Affairs and The City of Cape Canaveral is approved. A copy of the Contract is hereto attached and made a part of the Minutes. 2. RESOLVED that George H. Firkins, Jr., Agent to Cevesco, Inc. is hereby authorized to sign the Contract for Sale and Purchase on behalf of Cevesco, Inc. 3. RESOLVED that C. Hunt Shuford, Jr., President of Cevesco, Inc. is hereby authorized to sign all closing documents on behalf of Cevesco, Inc. This 17th day of March, 1997. c4Azt 201.,6 - Directors C:\CEV ESCO\IvIIN 0I . W PD TITLE, POSSESSION & LIEN AFFIDAVIT STATE OF NORTH CAROLINA COUNTY OF CATAWBA C. Hunt Shuford, Jr., President of Cevesco, Inc., a Delaware Corporaton, ("Seller"), being first duly sworn, deposes and says that Seller makes these representations to Florida Communities Trust, a nonregulatory agency within the Department of Community Affairs and to the City of Cape Canaveral, a Municipal Corporation, organized and existing under the laws of the State of Florida,("Purchaser") and to Commonwealth Title Insurance Company, ("title insurer") to induce Purchaser to purchase and title insurer to insure title to that certain property described below, and Seller further states: 1. Seller is the sole owner in fee simple and now in possession of the real property together with the improvements located thereon (hereinafter the "property") described as follows: See Exhibit "A" attached hereto and by this reference made a part hereof. 2. The property is free and clear of all liens, taxes, encumbrances and claims of every kind, nature and description whatsoever, except for easements, restrictions, or other title matters listed in the schedule of exceptions in the title insurance policy insuring the fee simple interest to be received by Buyer. 3. There are no matters pending against the Seller that could give rise to a lien that would attach to the property or cause a loss of title or impair the title between the last title insurance commitment effective date, and the recording of the fee simple interest to be insured, and the Seller has not and will not execute any instrument that would adversely affect the fee simple title or interest to be insured. 4. Seller has undisputed possession of the property; there is no other person or entity in possession or who has any possessory right in the property; and Seller knows of no defects in the property title. 5. No "Notice of Commencement" has been recorded which pertains to the property since the last title insurance commitment effective date, there are no unrecorded laborer's, mechanic's or materialmen's liens against the property, and no material has been furnished to the property for which payment has not been paid in full. 6. Within the past 90 days there have been no improvements, alterations, or repairs to the property for which the costs thereof remain unpaid, and that within the past 90 days there have been no claims for labor or material furnished for repairing or improving the same, which remain unpaid. 7. There are not due, or to come due, unpaid bills, liens or assessments for mowing, water, sanitary sewers, paving or other public utilities, or improvements made by any governmental authority. Should any bill be found which relates to the period of Seller's possession, Seller will pay such bill upon demand. No notice has been received of any public hearing regarding future or pending zoning changes, or assessments for improvements by any governmental authority. 8. There are no unrecorded deeds, agreements for deed, judgments, liens, mortgages, easements or rights of way for users, or adverse interests with respect to the property. 9. If this is improved property that Seller is the owner of, there are no claims, liens or security interests whatsoever of any kind or description against the furniture, fixtures, equipment and personal property located in the improvements on the property and sold as part of this transaction. All tangible personal property taxes are paid in full. 10. There are no existing contracts for sale affecting the property. 11. That, if married, Sellers have been continuously married during the entire time of the ownership of the property, have never been divorced and have not entered into any separation or property settlement agreement. 12. That, if married and the spouse of the affiant does not join in the deed of conveyance, the property to be conveyed is not now, nor has it ever been, the homestead of the Seller within the meaning of Florida law. 13. There is no civil action pending which involves the property in any way. There is no action for dissolution of marriage or divorce pending. 14. There are no federal tax claims, liens or penalties assessed against the Seller either individually or in any other capacity. 15. No proceedings in bankruptcy have ever been brought by or against Seller, nor has an assignment for the benefit of creditors been made at anytime, nor is there now in effect any assignment of rents of the property or any part thereof. 16. The real estate taxes will be paid to the date of closing pursuant to Section 196.295, Florida Statutes. 17. That Seller is not a "non-resident alien" for the purposes of United States income taxation, nor is it a "foreign person" (as such term is defined in Section 1445 of the Internal Revenue Code of the United States and its related Income Tax Regulations); that his/her Social Security Number(s) (or F.E.I.D. Number) is/are 59-1274574; that Seller understands that the certification made in this Paragraph may be disclosed to the Internal Revenue Service by the Buyer; that any false statement contained in this Paragraph could be punished by fine, imprisonment, or both; and that the information contained in this Paragraph is true and correct and as provided under penalties of perjury. 18. Seller has no knowledge as to any hazardous substances (as defined by any federal, state or local statute, law, ordinance, code, rule, regulation, order or decree) present on the property. There has been no production, placement, disposal, storage, release or discharge on or from the property of any hazardous substances, and there are no buried, partially buried, or above -ground tanks, storage vessels, drums or containers located on the property. Seller has received no warning notices, notices of violation, administrative complaints, judicial complaints or other formal or informal notices from any govemmental agency alleging that conditions on the property are in violation of environmental laws, regulations, ordinances or rules. 19. This Affidavit is executed in duplicate, each of which shall be considered an original, with one original to be delivered to the Purchaser and one original to be delivered to the title insurer. THIS AFFIDAVIT is made pursuant to Section 627.7842, Florida Statutes, for the purpose of inducing the Purchaser to close and the title insurer to insure the title to the property and to disburse the proceeds of the sale. Seller intends for Purchaser and the title insurer to rely on these representations. Zak_ Witness Wi e By: CEVESCO, INC. unt Shu rd, Jr., President SWORN TO and subscribed before me this / 0 day of March, 1997, by C. Hunt Shuford, Jr., who is personally known to me or who has produced as identification. %\ 24 LA, teL,,.. Commission No.: TITLEPOS.FRM REV. 9/19/95 Notary Pu lic 3'-(1/1 716, etc Printed, Typed or Stamped Name of My Commission Expi 97 A PORTION OF SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, THE CITY OF CAPE CANAVERAL, BREVARD CXJ7I'Y, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE SOUTH LINE OF ANC'F'r.'S ISLE, AS RECORDED IN PLAT BOOK 36, PAGE 77 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, AND THE WEST LINE OF TOWER BOULEVARD, A 60.00 FOOT RIGHT OF WAY, AS DESCRIBED IN OFFICIAL RECORDS BOOK 3057, PAGE 447, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; MINCE S 00°50'54" E, ALONG SAID WEST RIGHT OF WAY, 149.25 iter TO A POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 1080.00 1''t t'i'; THENCE SOUTHEASTERLY , ALONG SAID WEST RIGHT OF WAY AND THE ARC OF SAID CURVE TI -ROUGH A CENTRAL ANCT .R OF 41°42'24", 786.15 rt:Er TO A POINT ON THE NORTH LINE OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3408, PAGE 3313, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE N 89°27'20" W, ALONG SAID NORTH LINE, 734.76 rtt;r TO A POINT ON THE WEST LINE OF THE EAST 3580.00 1 ±r OF SAID Sht:fION 15; =ICE N 00°50'54" W, ALONG SAID WEST LINE 861.13 t'ttrr TO A POINT ON THE SOUTH LINE OF SAID PLAT OF ANC,F'r,'S ISLE; THENCE S 89°27'20" E, ALONG SAID SOUTH LINE, 460.96 rrt;iTO THE POINT OF BEGINNING. SAID PARCiL AS SURVEYED ALSO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A FOUND BROKEN 4 INCH BY 4 INCH CONCRETE MONUMENT AT THE INTERSECTION OF THE SOUTH LINE OF ANGEL'S ISLE, AS RECORDED IN PLAT BOOK 36, PAGE 77 OF THE PUBLIC RECORDS OF BREVARD COUN'T'Y, FLORIDA, AND THE WEST LINE OF TOWER BOULEVARD, A 60.00 FOOT RIGHT OF WAY, AS DESCRIBED IN OFFICIAL RECORDS BOOK 3057, PAGE 447 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE S 00°49'40" E, ALONG SAID WEST RIGHT OF WAY, 149.25 ttt:r TO A FOUND 5/8 INCH IRON ROD WITH CAP (GDI LB 4802) A POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS 0? 1080.00 t'tt:r; THENCE SOUTHEASTERLY, ALONG SAID WEST RIGHT OF WAY AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°42'43", 786.25 tt t;i TO A SET 5/8 INCH IRON ROD WITH CAP (DEITHORN LB 6445) ON THE NORTH LINE OF THAT PAR(L, AS DESCRIBED IN OFFICIAL RECORDS BOOK 3408, PAGE 3313 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE N 89°27'20" W, ALONG SAID NORTH LINE, 684.76 r'tt;r TO A SET 5/8 INCH IRON ROD WITH CAP (DEITHORN LB 6445); THENCE CONTINUE N 89°27'20" W, ALONG SAID NORTH LINE, 20.14 1'txr TO TIM MEAN WATER LEVEL OF THE BANANA RIVER, ELEVATION 0.57 1•'ttr, NATIONAL GEODETIC VERTICAL DATUM OF 1929, BASED CN THE EXTENSION OF THAT TIDAL DATUM COMPUTED FOR FDEP MEW SURVEY FILE 1372, AS APPROVED BY THE FLORIDA DEPARTMENT OF mrmain 21TAL PROTECTION BY LETTER DA'1'ta) FEBRUARY 26, 1997; THENCE THE EOLL 'ING TEN (10) COURSES AND DISTANCES ALONG SAID MEAN WATER LEVEL: 1. N 00°06'56" E, 152.34 1•ta;f; 2. N 42°42'49" W, 38.75 >•'t:hr; 3. N 03°31'16" E, 129.66 ttt:r; 4. N 07°17'00" E, 111.34 F'ta:f; 5. N 12°21'16" W, 76.88 FEET; 6. N 04°41'49" W, 85.84 t'tr;r; 7. N 03°26'05" W, 81.25 ttEf; 8. N 00°37'19" W, 77.68 tr:t;r; 9. N 23°17'50" W, 88.98 t'h r; 10. N 15°21'48" w, 41.51 tta;r TO A POINT ON THE SOUTH LINE OF SAID PLAT OF ANC'F'L' S ISLE; THENCE S 89°27'20" E, ALONG SAID SOUTH LINE , 18.84 1''t.Er TO A FOUND 5/8 INCH IRON ROD WITH CAP (ALLEN ENG LB 266) ; THENCE CONTINUE S 89°27'20" E, ALONG SAID SOUTH LINE 17.84 11:tW TO A FOUND 4 INCH BY 4 INCH CONCRETE MONUM1T WITH DISK (PRM PLS 2899): THENCE CONTINUE S 89°27'20" E, ALONG SAID SOUTH LINE, 461 .19 tmt:t;' TO THE POINT OF BEGINNING. EXHIBIT "A" ENVIRONMENTAL AFFIDAVIT STATE OF NORTH CAROLINA COUNTY OF CATAWBA BEFORE ME, the undersigned authority personally appeared C. HUNT SHUFORD, JR., President of Cevesco, Inc., ("Seller"), who being by me first duly sworn, deposes and states: 1. That Seller is the sole owner in fee simple and now in possession of the following described property together with improvements located thereon located in Brevard County, Florida, to -wit: See Exhibit "A" attached hereto and by this reference made a part hereof hereinafter "the Property") 2. That Seller is this day (the "Closing Date") conveying the Property to City of Cape Canaveral, a municipal corporation, organized and existing under the lasw of the State of Florida, hereinafter referred to as the "Purchaser". 3. For purposes of this Affidavit the term "Environmental Law" shall mean any and all federal, state and local statutes, laws, regulations, ordinances, . rules, judgments, orders, decrees, permits, concessions, grants, franchises, licenses, agreements or other governmental restrictions relating to the protection of the environment or human health, welfare or safety, or to the emission, discharge, seepage, release or threatened release of Hazardous Materials as hereinafter defined) into the environment including, without limitation, ambient air, surface water, ground water, or land, or otherwise relating to the handling of such Hazardous Materials. For purposes of this Affidavit the term "Hazardous Materials" shall mean any contaminant, chemical, waste, irritant, petroleum product, waste product, radioactive material, flammable or corrosive substance, explosive, poly -chlorinated biphenyls, asbestos, hazardous or toxic substance, material or waste of any kind, or any other substance which is regulated by any Environmental Law. 4. As of the Closing Date, Seller warrants and represents to Purchaser, its successors and assigns that: I) Seller has not placed, or permitted to be placed, any Hazardous Materials on the Property, and, to the best of Seller's knowledge, no other person or entity has placed, or permitted to be placed, any Hazardous Materials on the Property. ii) To the best of Seller's knowledge, there does not exist on the Property any condition or circumstance which requires or may, in the future, require cleanup, removal or other remedial action or other response under Environmental Laws on the part of Seller or a subsequent owner of all or any portion of the Property or which would subject Seller or a subsequent owner of all or any portion of the Property to liability, penalties, damages or injunctive relief. iii) To the best of Seller's knowledge, no underground treatment, buried, partially buried or above ground storage tanks, storage vessels, sumps, drums, containers, water, gas or oil wells, or landfills are or have ever been located on the Property. iv) Seller, and to the best of Seller's knowledge, any other person or entity that has owned, occupied or possessed the Property, has never violated, and is presently in compliance with, all Environmental Laws applicable to the Property. v) No warning notice, notice of violation, administrative complaint, judicial complaint or other formal or informal notice has been issued by any federal, state or local environmental agency alleging that conditions on the Property are in violation of any Environmental Law. vi) Seller is not subject to any judgment, decree, order or citation related to or arising out of Environmental Laws, and Seller has not been named or listed as a potentially responsible party by any governmental body or agency in a matter arising under any Environmental Law. 5. That Seller makes this Affidavit for the purpose of inducing Purchaser to purchase the Property, and Seller acknowledges that Purchaser will rely upon the representations and warranties set forth in this Affidavit. FURTHER AFFIANT SAYETH NAUGHT. CEVESCO, INC. C. Hunt Shuford, Jr., resident By: (9- 1-4 SWORN TO and subscribed before me this / day of March, 1997, by C. Hunt Shuford, Jr., who is personally known to me or who has produced identification. cN0,,,,,,,,„ P 0-44--4-(et, Public 1Cofr ;mmgs Printed, Typed or Stamped Name of Notary) Commission No.: My Commission Expires: 4/46/9 FLORIDA COMMUNITIES TRUST APPROVED AS TO FORM AND LEGALITY A PORTION OF SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE SOUTH LINE OF ANGEL'S ISLE, AS RECORDED IN PLAT BOOK 36, PAGE 77 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, AND THE WEST LINE OF TOWER BOULEVARD, A 60.00 FOOT RIGHT OF WAY, AS DESCRIBED IN OFFICIAL RECORDS BOOK 3057, PAGE 447, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE S 00°50'54" E, ALONG SAID WEST RIGHT OF WAY, 149.25 i- r TO A POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 1080.00 r'tt;i'; THENCE SOUTHEASTERLY , ALONG SAID WEST RIGHT OF WAY AND THE ARC OF SAID CURVE TEROUGH A CENTRAL ANGLE OF 41°42'24", 786.15 i't:r; i' TO A POINT ON THE NORTH LINE OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3408, PAGE 3313, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE N 89°27'20" W, ALONG SAID NORTH LINE, 734.76 r'rt:i' '10 A POINT ON THE WEST LINE OF THE EAST 3580.00 r't:t;i' OF SAID SECTION 15; THENCE N 00°50'54" W, ALONG SAID WEST LINE 861.13 .FEhr TO A POINT ON THE SOUTH LINE OF SAID PLAT OF ANC'FTT,'S ISLE; THENCE S 89°27'20" E, ALONG SAID SOUTH LINE, 460.96 rtLi TO THE POINT OF BEGINNING. SAID PARCEL AS SURVEYED ALSO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, THE CITY OF CAPE CANAVERAL, BREVARD OOUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A FOUND BROKEN 4 INCH BY 4 INCH CONCRETE MONUMENT AT THE INTERSECTION OF THE SOUTH LINE OF ANGt;L' S ISLE, AS RECORDED IN PLAT BOOK 36, PAGE 77 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, AND THE WEST LINE OF TOWER BOULEVARD, A 60.00 FOOT RIGHT OF WAY, AS DESCRIBED IN OFFICIAL RECORDS BOOK 3057, PAGE 447 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE S 00°49'40" E, ALONG SAID WEST RIGHT OF WAY, 149.25 itt; i' TO A FOUND 5/8 INCH IRON ROD WITH CAP (GDI L3 4802) A POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS 0? 1080.00 tt:t;i'; THENCE SOUTHEASTTRLLY, ALONG SAID WEST RIGHT OF WAY AND Thr ARC OF SAID CURVE THROUGH A CENTRAL ANru: OF 41°42'43", 786.25 tt,er TO A SET 5/8 INCH IRON ROD WITH CAP (DEITHORN LB 6445) ON THE NORTH LINE OF THAT PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 3408, PAGE 3313 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE N 89°27'20" W, ALONG SAID NORTH LINE, 684.76 kthr TO A SET 5/8 INCH IRON ROD WITH CAP (DEITHORN LB 6445); THENCE COtiTINUE N 89°27'20" W, ALONG SAID NORTH LINE, 20.14 r't:Er TO TEE MEAN WA'i't:l. LEVEL OF THE BANANA RIVER, ELEVATION 0.57 t't:Er, NATIONAL GEODETIC VERTICAL DATUM OF 1929, EASED ON THE EXTENSION OF THAT TIDAL DATUM COMPUTED FOR FDEP MHW SURVEY FILE 1372, AS APPROVED BY THE FLORIDA DEPARTMENT OF EW RONNE NTAL PROTECTION BY LETTER DATW FEBRUARY 26, 1997; THENCE THE FOLLOWING TEN (10) COURSES AND DISTANCES ALONG SAID MEAN WATER LEVEL: 1. N 00°06'56" E, 152.34 F'ta;i'; 2. N 42°42'49" W, 38.75 t'tf; 3. N 03°31'16" E, 129.66 r'i r; 4. N 07°17'00" E, 111.34 i i i'; 5. N 12°21'16" w, 76.88 t't:t;r; 6. N 04°41'49" W, 85.84 tt:r; 7. N 03°26'05" W, 81.25 t'ta:i; 8. N 00°37'19" W, 77.68 r'u. r; 9. N 23°17'50" w, 88.98 r'rt;r; 10. N 15°21'48" W, 41.51 tuT TO A POINT ON THE SCXTI'H LINE OF SAID PLAT OF ANC'F'T,' S ISLE; THENCE S 89°27'20" E, ALONG SAID SOUTH LINE , 18.84 It:tr TO A FOUND 5/8 INCH IRON ROD WITH CAP (ALLEN ENG LB 266); THENCE CONTINUE S 89°27'20" E, ALONG SAID SOUTH LINE 17.84 t'hla. TO A FOUND 4 INCH BY 4 INCH CONCRETE moNium r WITH DISK (PRM PLS 2899) : THENCE CONTINUE S 89°27'20" E, ALONG SAID SOUTH LINE, 461.19 1tt;r TO THE POINT OF BEGINNING. a EXHIBIT "A" IN DEPT.COMM.AFFAIRS Fax:9049222679 Mr. George H. Firkins, Jr. Agent, Cevesco, Inc. 211 Caroline Avenue Cape Canaveral, Florida 32920 RE: Manatee Sanctuary Park City of Cape Canaveral FCT Project Number: 95-019-P56 Dear Mr. Firkins: Mar 27 '97 15:11 P.03 March 26, 1997 Pursuant to the authority delegated to me by Florida Communities Trust, please consider this letter to be formal notice of the exercise of our option to purchase the above -captioned property, as described in Exhibit "A" of said Option Agreement. JFM/adi A, Sincerely, ames F. Murley Chair DJ::AR rd1I... r C(»r 11 1I1 Aii ir, 2555 tii n:.,inun O.\: licn i v;L, . 'I"ar..AliAwrr. H. ')9.> 100.99.4 9.'! 2207 •5i Cm ' ) ' .:2o- AX 90 t1921. I 7 '17 Fa orifi 1. Communities Trust March 27, 1997 Via Airborne Express Mr. Bennett Boucher City Manager City of Cape Canaveral Post Office box 326 Cape Canaveral, Florida 32920-0326 Re: FCT Project #95-019-P56 Manatee Sanctuary Park Purchase from Cevesco, Inc. Dear Mr. Boucher: Enclosed please find the following in reference to the above - captioned transaction: 1. Copy of my closing instruction letter to Mr. Starling 2. Fully executed Grant Award Agreement for the City 3. Signed Purchaser's Reconciliation of Total Project Costs statement for the City 4. Signed Closing Statement for the City Thank you for your cooperation in this matter. If you have any questions please contact me at (904) 488-0410. My facsimile number is (904) 922-2679. AJW/am Enclosure Sincerely, Ann J. Wd Trust Cnsel DEPARTMENT OF COMMUNITY AFFAIRS • 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399-2100 • 904/922-2207 • SUNCOM 292-2207 • FAX 904/921-1747 FLORIDA COMMUNITIES TRUST RECYCLFS t City of Cape Canaveral Manatee Sanctuary FCT Project #95-019-P56J, / `,O qContract # 4 7 C,T-,,v q sb' / Date PURCHASER'S RECONCILIATION OF TOTAL PROJECT COSTS TOTAL PROJECT COSTS Land Purchase Price Total Land Purchase Price . Acquisition Expenses Survey $ 1,675.00(2) Appraisals 2,450.00 Appraisal Review 884.50 Title Insurance 2,645.50(2) Environmental Audit 1,100.00(2) Total Acquisition Expenses 1,072,000.00(1) 8,755.00(2) Total Project Costs $1,080,755.00 COMPUTATION OF GRANT AWARD AND LOCAL MATCH AMOUNT FCT Award Computation Share of Purchase Price Share of Acquisition Expenses Total Share of Project Costs 1,072,000.00 8,755.00 1,080,755.00(3) Total Project Costs $1,080,755.00 COMPUTATION OF PREPAIDS, REIMBURSEMENTS, ADDITIONAL COSTS AND AMOUNTS DUE AT CLOSING FLORIDA COMMUNITIES TRUST FCT Prepaid Project Costs Appraisal Review Option Payment Total Prepaid Costs 884.50 100.00 984.50 FCT Reimbursements After Closing Survey $ 1,675.00 Title Insurance 2,645.50 Environmental Audit 1,100.00 Total Reimbursement After Closing $ 5,420.50 FCT Amount Due At Closing Share of Total Project Costs Less Total Prepaid Costs Less Total Reimbursements after closing Total Amount Due From FCT At Closing CITY City Prepaid Project Costs Appraisal $ 2,450.00 Total Prepaid Costs $ 2,450.00 Additional Costs Record Grant Award Agreement $ 51.00 1,080,755.00 984.50 5,420.50 1,074,350.00 Total Additional Costs City of Cape Canaveral Manatee Sanctuary FCT Project #95-019-P56 Contract # Date Page 2 City Amount Due At Closing Share of Total Project Costs(3) Less City Prepaid Project Costs Plus City Additional Costs Amount Due City at Closing Disbursements at Closing: Seller: Purchase Price Less option payment Balance Due 51.00(4) 0 - 2,450.00 51.00 2,399.00 1,072,000.00 100.00 Clerk of Court - record grant award agreement City - reimbursement for prepaid cost 1,071,900.00 51.00 2,399.00 TOTAL AMOUNT DUE FROM PURCHASERS AT CLOSING $1,074,350.00 Notes: 1) Pursuant to memorandum from Kurt Schoenrock to Anne Peery dated November 7, 1996, the maximum approved purchase price is $160,000.00. Pursuant to memorandum from Caroline Sutton to Ann Wild dated March 11, 1997, and based upon the decrease in the final surveyed acreage, the maximum approved purchase price is $1,224,000.00 2) Pursuant to the terms of the Option Agreement, the Seller paid the costs of survey, environmental site assessment and title insurance. Upon evidence of payment and closing of the transaction, 50% of the approved cost of the survey up to a maximum of $5,000.00 will be reimbursed and 50% of the approved cost of the environmental site up to a maximum of $2,000.00 will be reimbursed. Upon evidence of payment, closing of the transaction, and receipt and approval of the final title insurance policy, 50% of the cost of title insurance at the minimum promulgated rate will be reimbursed. 3) Pursuant to the terms of the Conceptual Approval Agreement, the amount of the grant shall not exceed the lesser of $1,107,000.00 or 100% of the total project cost. 4) Payable to Clerk of Court, Brevard County, at closing. The foregoinreconcilia of Purchasers' costs is hereby approved by the undersigned. DA COMMUNITIES TRUST AttitiVi , 411 Ali rl Chair astop: • it¢ ii/ mif l' L'OTI L& Communities Tmust, March 27, 1997 Via Airborne Express John M. Starling, Esquire 509 Palm Avenue Titusville, Florida 32781 Re: FCT Project #95-019-P56 Manatee Sanctuary Park Cevesco, Inc. sale to City of Cape Canaveral Dear Mr. Starling: I herewith deliver to you as closing agent for the above referenced transaction, the following: 1. State warrant no.2430979 payable to your trust account for Florida Communities Trust's ("FCT") portion of the purchase price and additional disbursement as follows: Clerk of Court - record grant award agreement City - reimbursement for prepaid cost 51.00 2,399.00 2. Three original, fully executed closing statements 3. Land acquisition purchase receipt to be signed for the Seller 4. Grant Award Agreement to be recorded with warranty deed 5. Environmental Affidavit with approval signature The original option exercise letter to be delivered to the Seller will be sent to you as soon as received. A copy was sent to you by fax today. You are to hold the state warrant in escrow until the closing has been completed and you have performed all of the following: 1. You have complied with all of the Schedule B -Section 1 requirements. 2. Executed warranty deed and Grant Award Agreement (Exhibit B") have been delivered to the Clerk of the Circuit Court ("Closing Documents") for recording. DEPARTMENT or COMMUNITY AFFAIRS • 2555 SHUMARD OAK BOULEVARD • TALLAtiAssuE, FL 32399-2100 904/922-2207 • SuNCo i 292-2207 • FAX 904/921-1 4 John M. Starling, Esquire March 27, 1997 Page Two 3. You have continued your title search from the effective date of your title commitment through the recording of the Closing Documents, recorded the Closing Documents and deleted the Schedule B -Section 1 requirements and items 1 through 5, 7, 9, 10, 16 and 17 in Schedule B -Section 2 of your title commitment. You are not authorized to disburse the closing proceeds to the Seller until you have delivered an original or facsimile copy of either a marked up title commitment or an endorsement to the title commitment to us that deletes the Schedule B -Section 1 requirements and the Schedule B -Section 2 items referenced in paragraph 3. above and a copy of the executed Closing Documents and we have by telephone authorized the delivery of the closing proceeds to the Seller. In the event you encounter any intervening title matters during the update of your title search, do not record the Closing Documents, do not deliver the closing proceeds to the Seller, and contact the undersigned immediately. Please forward the following documents to me, at the above address, immediately after the closing: A. If you issue an endorsement rather than mark up the title commitment, the endorsement to title commitment which complies with requirements set forth above in paragraph 3. B. Acquisition purchase receipt executed by the Seller's representative C. Copy of executed opinion of counsel letter Upon recording, please forward copies of the recorded Closing Documents and title policy to our office. Thank you for your cooperation in this matter. If you have any questions please contact me at (904) 488-0410. My facsimile number is (904) 922-2679. AJW/am Enclo ure`s cc : Bennett Boucher Sin erely, Ann J. Wfl d Trust Counsel CEVESCO, INC. Post Office Box 2228 Hickory, North Carolina 28603 Ms. Anne Peery Executive Director Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 RE: Project Name and FCT Recipient:: FCT Project Number: Parcel No.: Dear Ms. Peery: Manatee Sanctuary Park, City of Cape Canaveral 95-019-P56 Part of 24-37-15-00-750 Please accept this letter as designation of John M. Starling Trust Account, 509 Palm Avenue, Titusville, Florida 32796, whose FEID number is 59-1287360, as Seller's agent as payee of the state warrant for the purchase price of the above -captioned property as required by Paragraph 3.A. of the Option Agreement for Sale and Purchase. Sincerely, CEVESCO, INC. By: Sic ,ii" .S"iirvJ C. Hunt Shuford, Jr. President STATE OF FLORIDA 4- 21 879 2 21 OFFICE OF COMPTROLLER REMITTANCE ADVICE THIS IS NOT A PAYMENT DEVICE SAMAS ACCOUNT CODE 52-202332001-52010000-00-08304594 OLO 520000 SITE 00 DOCUMENT NUMBER D7000487858 OBJECT 7900 DATE 03/26/97 PAYMENT NO 2430797 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1111IIII111IiI111IIIII STARLING, -JOHN M TRUST ACCOUNT 509 PALM AVE TITUSVILLE FL 32796 PLEASE DIRECT QUESTIONS TO: (904) 488-6409, DEPARTMENT OF COMMUNITY AFFAIRS INVOICE NUMBER _ AMOUNT 95019P56 $ 1,074,350.00 PAYMENT AMOUNT 1,074,350.00 DO NOT CASH AGENCY DOCUMENT NO V009013 DETACH CAREFULLY AND RETAIN FOR YOUR RECORDS BEFORE CASHING OR DEPOSITING THE WARRANT SAMAS ACCOUNT CODE DOCUMENT NO. OBJECT DATE 52-202332001-52010000-00-08304594 07000487858 7900 03/26/97 STATE OF FLORIDA OFFICE OF COMPTROLLER ONE -MILLION -SEVENTY -FOUR -THOUSAND -THREE -HUNDRED -FIFTY & 00/100 DOLLARS TO THE ORDER OF: IIIIIIIIIIIIIIIIIII IIIII 1111II 11III111II1I 111III IIII 1111111111 STARLING, JOHN M TRUST ACCOUNT 509 PALM AVE TITUSVILLE FL 32796 074 24307970911' 1:0630006941: WARRANT NO 63-69 2430797 630 VOID AFTER 12 MONTHS 4-21 879 221 AMOUNT 1,074,350.00 VENDOR ID NUMBER EXPENSE WARRANT TO: TREASURER OF FLORIDA TALLAHASSEE 4 211' COMPTROLLER OF FLORIDA BY ENDORSEMENT HEREOF, the payee guarantees that he is entitled to receive the proceeds of ttas 1Nanant ti rt,isemen( is ma,ie I it must be witnessed by two persons, indicating themsclves as wrti res., vaso cnn write, giving their place of residence in full. SIGN ON THIS LINE) This Warrant must he endorsed in ink or indelible pencil on the line above by the person in whose favor it is drawn, and the name must be spelled exactly the same as it is on the face of the Warrant. IDENTIFICATION PROCEDURE Who) cashing this warrant for the individual payee, you should raywre fait idtmtitication and endorsement in your presence, as claims against endorsers may otherwise result. SEVERS, STADLER & HARRIS, P.A. 509 South Palm Avenue Post Office Box 669 Titusville, FL 32781-0669 Phone 407/267-1711 FAX 407/268-0081 FACSIMILE TRANSMITTAL FORM The information in this facsimile transmission is intended only for the personal and confidential use of the designated recipients named below. This message may be an attorney-client communication and as such is privileged. If the reader of this message is not the intended recipient named below, you are notified that you may have received this document in error, and any review, dissemination, distribution, or copying of this message is strictty prohibited. If you have received this communication in error, please notify this office immediately via telephone at 407/267-1711, and retum the original message to the above address by mail. Thank you. FROM: John M. Starling TO: Ann Wild/Bennett Boucher FAX NO. 407/268-0081 FAX Na 904) 922-2679/799-3170 PHONE: 407/267-1711 PHONE: March 24, 1997 Attn: Ann Wild & Bennet Boucher Re: Project # 95-019-P56 Manatee Sanctuary Park Cevesco, Inc. sale to City of Cape Canaveral Enclosed is a copy of the Property Appraiser's Office cutting out the subject property from a larger tract and estimating 1997 taxes. The amount of taxes shown on the closing statement is computed by dividing the total 1997 taxes of $6,105.79 by 365 calendar days, resulting in a per diem of $16.73 for 90 days (through March 31, 1997) or a total of $1,505.70 JIM FORD, CFA PROPERTY APPRAISER BREVARD COUNTY, FLORIDA P. O. BOX 429 • TITUSVILLE, FLORIDA 32781-0429 • PHONE (407) 264-6700 • FAX (407) 264-5187 ESTIMATE OF TAXES Requested by: City of Cape Canaveral 105 Polk Ave. P.O. Box 326 Cape Canaveral, FI 32920-0326 Date: March 17,1997 Out of: Township 24 Range 37 Section 15 Subdivision 00 Block 750 Lot Description: Approxiametely 10ac fronting along river. Estimated Land Value 350000 Mill Code 26G0 Estimated Bldg Value 0 Mill Code 17.4451 Total Value 350000 Estimated Tax for 1997 $ 6105.79 X .0174451 = 6105.79 This Estimate of Taxes is su' ct to change without prior notification. Prepared by: Appraiser's Responsibility - By state law, it is the responsibility of the Appraiser to locate, identify, and appraise, based upon current market value, all property subject to ad valorem taxes, maintain tax roll equity and process allowable exemptions. The appraiser has no jurisdiction or responsibility for area budgets, tax rates, special assessments or amounts of taxes paid. These matters are handled by the various taxing authorities performing services, such as the County Commission, City Councils, School Board and other taxing districts. DATE: SELLER: BUYER: CLOSING STATEMENT March /997 97—CT-2U-95-56—L1-019 Cevesco. /nc. a Ds/aware cor.oral Ion O. a • a Ci/Y of Cape Canaveral and Florida Communities Trust rmediary, HICAGO TITLE INSURANCE COMPANY PROPERTY COUNTY: Brevard LEGAL DESCRIPTION: See Legal Description Attached SELLER'S COPY A. DUE SELLER B. CREDIT BUYER BUYER'S COPY A. DUE SELLER B. CREDIT BUYER I. SET IINGPRICE a. PURCHASEPRICE b. DOWN PAYMENT 1,072,000.00 100.00 2. Escrow Deposit 077,00" 1 00 _ Or 3. r. 4. RENTS, pro -rated d. RENTS. pro -rated e. INTEREST. pro -ratedS. INTEREST. pro -rated 6. INSURANCE : Fire Unearned Premium 1. INSURANCE : Fire Uneacned Premium OTHER: Unearned Premium OTHER: Unearned Premium 7. TAXES: (City & County) g. TAXES: (City & County) h. Pro -rated as .Seller s8. Prorated as ell.Pr_t.s PxpPnse Expensehr uggh i 3/31/97 i through 3/31/97 9. 10. k 11. 1 12. TOTALS 1,072,000 100.00 TOTALS 1,077,000 00 100.00 m c..... •A• less c.u}.. •a• BALANCE DUE SELLER BUYER'S EXPENSES 1,071,900 00 1 , 0 71, 9 QQ _ 00 OF SALE CHARGE BUYER 13. c...me •A• ..n Colum, •a• 1,071,90 B.AIANCE DUE SELLER 1.071.900 SELLER'S EXPENSES OF SALE CHARGE SELLER 14. FnvirnnmPntal RPpnrt 9,700 00 n 15. Consulting Fee to Firkins 11% of Purchase Pri ell 0 790 00 o Recording Deed p Title Insurance Policy -Lender q 16. Title Insurance 5,091 00, 17. FL Doc Stamps on Deed 7,504 00 18. SS&HAttyFees Accrued through 03-06-97 2. 700.00 r 19. Estimated Atty Fees after 03-06-97 1.250_00 s zo. Title Search Fee 129.00 t 21. Federal Express Charges 66.30 u 22.1997 Real Estate .Taxes 1,505.70 v 73 St,rvey 1 150 00., w T4= RPr•nrrling T1PPr1 64.50 X 25 EXPENSES TO SELLER y TOTAL EXPENSES TO BUYER SUMMARY: BALANCE DUE SELLER 1,071,900.( TOTAL _35,588.50 SUMMARY: ESCROW DEPOSIT $1,071,900.00 plus B.AIANCE DUE SELLER 1,071,900.00 SUB TOTALSUBTOTAL35,588.50 plus BUYER'S EXPENSES — 0 — less SELLERS EXPENSES CASH DUE FROM BUYER 1,071,900 r.:..ak '':a.: •. .}... NET CASH TO SELLER 1,016,311 50 y ii}s ., ,: •ii k :. .., Taxes & Insurance pro -rated as of taxes based upon 1996 in the amount of $ SELLER: Cevesco, Inc., a Delaware corporation acting through itsualified inter- mediary, CHICAGO TITLE INSURANCE COMPAN By C. Hunt Shuford, Jr., Pre it ent Received a true copy of above, check for Net Cash to Seller. and hereby approve above and certify it correct." BUYER: City of Cape naveral - T By: , ; James F. Mu rle y , air Appro 0 0 DESCRIPTION A PORTION OF SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE SOUTH LINE OF ANGEL'S ISLE, AS RECORDED IN PLAT BOOK 36, PAGE 77 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, AND THE WEST LINE OF TOWER BOULEVARD, A 60.00 FOOT RIGHT OF WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3057, PAGE 447, OF THE PUBLIC RECORDS OF BRVARD COUNTY, FLORIDA; THENCE S 00°50'54" E, ALONG SAID WEST RIGHT OF WAY, 149.25 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 1080.00 FEET; THENCE SOUTHEASTERLY, ALONG SAID WEST RIGHT OF WAY AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°42'24", 786.15 FEM.' TO A POINT OF ON THE NORTH LINE OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3408, PAGE 3313, OF THE PUBLIC RECORDS OF BREVARD COUNY, FLORIDA; THENCE N 89°27'20" W, ALONG SAID NORTH LINE, 734.76 FEET TO A POINT ON THE WEST LINE OF THE EAST 3580.00 FEET OF SAID SECTION 15; THENCE N 00°50'54" W, ALONG SAID WEST LINE, 861.13 FEET TO A POINT ON THE SOUTH LINE OF SAID PLAT OF ANGEL'S ISLE; THENCE S 89°27'20" E, ALONG SAID SOUTH LINE, 460.96 iir TO THE POINT OF BEGINNING. SAID PARCEL AS SURVEYED ALSO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A FOUND BROKEN 4 INCH BY 4 INCH CONCRETE MONUMENT AT THE INTERSECTION OF THE SOUTH LINE OF TGEL'S ISLE, AS RECORDED IN PLAT BOOK 36, PAGE 77 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, AND THE WEST LINE OF TOWER BOULEVARD, A 60.00 FOOT RIGHT OF WAY, AS DESCRIBED IN OFFICIAL RECORDS BOOK 3057, PAGE 447 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE S 00°49'40" E, ALONG SAID WEST -RIGHT OF WAY, 149.25 FLEW TO A FOUND 5/8 INCH IRON ROD WITH CAP GDI LB 4802) A POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 1080.00 toter; THENCE SOUTHEASTERLY, ALONG SAID WEST RIGHT OF WAY AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°42'43", 786.25 FEET TO A SET 5/8 INCH IRON ROD WITH CAP (DEITHORN LB 6445) ON THE NORTH LINE OF THAT PARCEL AS DESCRIBED IN OFFICAL RECORDS BOOK 3408, PAGE 3313 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE N 89°27'20" W, ALONG SAID NORTH LINE, 20.14 rIa' TO THE MEAN WATER LEVEL OF THE BANANA RIVER, ELEVATION 0.57 rr l', NATIONAL GEODETIC VERTICAL DATUM OF 1929, BASED ON THE EXTENSION OF THAT TIDAL DATUM COMPUTED FOR FDEP MHW SURVEY FILE 1372, AS APPROVED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BY LETTER DATED E];BRUARY 26, 1997; THENCE THE FOLLOWING TEN (10) COURSES AND DISTANCES ALONG SAID MEAN WATER LEVEL: 1. N 00°06'56" E, 152.34 rr1'; 2. N 42°42'49" W, 38.75 E'rr'; 3. N 03°31'16" E, 129.66 FEkai; 4. N 07°17'00" E, 111.34 ]iia'; 5. N 12°21'16" W, 76.88 FEET; 6. N 04°41'49" W, 85.84 EEET; 7. N 03°26'05" W, 81.25 1,1:1'; 8. N 00°37'19" W, 77.68 r'r'r;1'; 9. N 23°17'50" w, 88.98 FEET; 10. N 15°21'48" W, 41.51 Erma' TO A POINT ON THE SOUTH LINE OF SAID PLAT OF ANGEL'S ISLE: THENCE S 89°27'20" E, ALONG SAID SOUTH LINE, 18.84 Ella' TO A FOUND 5/8 INCH IRON ROD WITH CAP (ALLEN ENG LB 266) ; THENCE CONTINUE S 89°27'20" E, ALONG SAID SOUTH LINE, 17.84 r Ea' TO A FOUND 4 INCH BY 4 INCH CONCRETE MONUMENT WITH DISK (PRM PLS 2899); THENCE CONTINUE S 89°27'20" E, ALONG SAID SOUTH LINE, 461.19 FEET TO THE POINT OF BEGINNING. LNAR-30-97 SUN 13:44 SAMAS ACCOUNT CODE 52-202332001-52010000-00-08304594 SEVERS STADLER HARRIS PA FAX NO, 4072680081 STATE OCOMPTROLLERFLORIDA O REMITTANCE ADVICE OLO 520000 STARLING. JOHN M TRUST ACCOUNT 509 PALM AVE TITUSVILLE FL 32796 SITE 00 DOCUMENT NUMBER D7000487858 P. 01 4- eJ b ( 64.1 THIS IS NOT A PAYME T DEVICE OBJECT DO NOT CASH AGENCY QOCU V0090 ENT NO 3 PLEASE DIRECT QUESTIONS TO: (904) 488-6409, DEPARTMENT OF COMMUNITY AFFAIRS INVOICE AMOUNTµOUNT 95019P56 $ '1,074,350.00 DETACH CAREFULLY AND RETAIN FOR YOUR RECORDS BEFORE CASHING OR DEPOST,NG THE RANT t DATE NO fi3- SAMAS ACCOUNT CODE DOCUMENT NO. OBJECT AWARRANT 630 69 52-202332001-520i0000-00-08304594 07000487858 7900 03/26/97 VOID AFTER 12H 4.21 8'79 MONTHS MOONSTATEOFFLORIDA PAY OFFICE OF COMPTROLLER ONE -MILLION -SEVENTY -FOUR -THOUSAND -THREE -HUNDRED -FIFTY & 00/100 DOLLARS 1O THEORDER OF: I STARLING. mIIJOHNI M T 1 RUST ACiCOU1NT1111t11II„) 509 PALM AVE TITUSVILLE FL 32796 no mo_ 7f1 7Q 7rl lie n0630006944 VENDOR ID NUMBER Q.Azleit 0420 1 '74 360.0 EXPENSE WARR TO: TREASURER OF FLO IDA TALLAHASSEE•. COMPTROLLER OF FLORIDA MAR -30-97 SUN 13:45 SEVERS STADLER HARRIS PA FAX NO. 4072680081 his Instrument Prepared By amd Return To: John M. Starling, Esquire Post Office Box 669 Titusville, Florida 32781-0669 WARRANTY DEED THIS INDENTURE, made this / day of March A.D. 1997, betweenCevesco, Inc., a Delaware Corporation, of the Countyof Catawba in thStateofNorthCarolina, e grantor and City of Cape Canaveral, a Municipal Corporation organized and existing under the laws of the State of Florida whose post office address is Post Office Box 326, Cape Canaveral, Florida, 32790-0326, grantee. Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and their heirs, legal representatives, successors and assigns. "Grantor and grantee" are used for singular and plural, as the context requires and the use of any gender shall include all genders.) P. 02 WITNESSETH: That the said grantor, for and in consideration of the sum of Ten Dollars and other good and valuable considerations, to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has' granted, bargained and sold to the said grantee, and grantee's successors and assigns forever, the following described land situate, lying and being in Brevard County, Florida, to -wit: See Exhibit "A" attached hereto and by this reference made a part hereof. By acceptance of this warranty deed, grantee herein hereby agrees that the use of the Property described herein shall be subject to the covenants and restrictions as set forth in the Grant Award Agreement attached hereto as Exhibit "B These covenants and restrictions shall run with the Property herein described. If any of the covenants .and restrictions of the Grant Award Agreement are violated by the grantee or by some third party with the knowledge of the grantee, fee simple title to the Property described herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida; in accordance with the Grant Award Agreement without further notice! to grantee, its successors and assigns, and grantee, its successors Hand assigns shall forfeit all right, title and interest in and to the Property described herein. Property Appraiser's Parcel Identification Number: Part of 29-37-15-00- 750. This conveyance is subject to easements, restrictions, limitations and conditions of record if any now exist, but any such interests that may have been terminated are not hereby re -imposed. This property is not the homestead property of the grantor, nor contiguous to homestead property, as such homestead is defined under Florida law. MAR -30-97 SUN 13;47 SEVERS STADLER HARRIS PA FAX NO. 4072W081 P 03 AND the said grantor does hereby fully warrant the title to saidland, and will defend the same against the lawful claims of all personswhomsoever. IN WITNESS WHEREOF the grantor has hereunto set grantor's hand andseal, the day and year first above written. Signed, sealed and delivered in the presence of: Signature of First <tness Printed Name i. -ry , f Witness u e o Secon fitness ay & C. 7N1os).j Printed Name of Second Witness STATE OF NORTH CAROLINA) COUNTY OF CATAWBA ) Bv: CEVESCO, INC. Hunt Sford, Jr. President 1985 Tate oulevard, S.E. Hickory, N.C. 28601 Corporate Seal) f4Theforegoinginstrumentwasacknowledgedbeforemethis "" day ofMarch, 1997 by C. Hunt Shuford, Jr., President of Cevesco, Inc.,nwho is personally known to me or w .. has produced a driver's license issuedwithinthepast5yearsasi.- +fication. NOTARY PUBLIC)atit4., 12 ,fiL- SEAL ($ ATURE OF NOTARY PUBLIC) 7a11/ e P. lq,/-14s PRINTED, PED OR S NOTARY PUBLIC) Commission No.: My Commission Expires: MAR -30-97 SUN 13:50 SEVERS STADLER HARRIS PA FAX NO. 4072680081 PHOTOCOPIES Of FLORIDA DEPARTMENT OF REVENUE R06/'9 THIS FORM NOT ACCEPTABLE RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY PLEASE READ INSTRUCTIONS ON THE BACK OF THIS FORM BEFORE COMPLETING P. 05 I THIS ISA MACHINE READABLE FORM. IF HAND PRINTING M B C DEF G )4 I J K !. MIN O P G RTYPINGTHISDOCUMENT, CARRIAGE RETURN AND I I THIS DOCUMENT. PLEASE PRINT NUMBERS CAREFULLY r + YPETHROUGH THE HANDPRINT BOXES. Ik i WITHIN THE BOXES AS SHOWN AT RIGHT. / SIT U V W1X Y 2 0 I 213 4 -Is 61-1181R Part of Parcel PARCEL IDENTIFICATION NUMBER 2 4 3 7 1 5 0 0 7 5 0 IISISTHISAMOLT; PARCEL TRANSACTION? .• YESl X NO SPLIT ANOTHER THIS OR TRANSACTION CUTOUT PARCEL: FROM 1"-- A YES DNO Last Name Fist Name M.I. L GRANTOR PHONE NO. 1110-11-11110111111311113NAAAECORPORATE 13]11131111IUNII GRANTEE Lass Name C F S T i w.- Ci C A P A N A F name V E EI A L flI M.E. STREET ADDRESS 1 0 5 P o 1 k e 11111 III Iiu_II CITY/STATE) 8 p IIID CODE 2 9 la 1 PHO 1111E (© EC iCQPORAEIIhilh1R 111 11 DATE OF SAuETRANSFER SALE: TRANSFER PRICE 0 3 2 8 ( is I©I DNI.N 0 c PROPERTY LOCATED IN: 13111 COUNT Y`FFESLORIDA Vonth :.Ea YEBt. 3. OF DOCUMENT--.--. Warranty Cult Claim Contract i Agreement OtherTYPEDeedforDeed TO THE BEST OF YOUR KNOWLEDGE. WERE THERE UNUSUAL CIRCUMSTANCES OR CONDITIONS TO THE SALE. MARK (X) SY THOSE THAT APPLY: 7. Title Detects Mineral Rights Safe/TransferSale/Transfer under Duress Foreclosure Related m Seiler Sale/Transfer of a Partial or Undivided interest by Cour Order Other No & eedplanatio0edN Residential Commercial ` Industria! Institutional Agricultural 1 Miscellaneous I Government Vacant Acreage ope( X) trty Type: hose 8. : norM i l that apply l TO THE BEST OF YOUR KNOWLEDGE, B PERSONAL YES NO F "YES". PLEASE- STATE THE 0.AMOUNT ATTRIBUTABLE 70 - - WAS UNUSUAL ----.r— IN THE THE PERSONAL PROPERTYPROPERTYINCLUDEDSALE? 1 1 I7 5 1 141 0 iIciAMOUNTOFDOCUMENTARYSTAMPSTOBEAFFIXEDTODOCUMENT? J I J WAS PROPERTY IF ITEM NUMBER 10 is "ZERO", IS DEED EXEMPT FROM DOCUMENTARY Ij' STAMP TAX UNDER s201.02(6}, FLORIDA STATUTES? YES NO IMPROVED12' WITH BUILDING(S) TIME OF AT SALE? YESQ / 1 II NO J HEREBY CERTIFY THAT THIS RETURN HAS BEEN EXAMINED BY ME AND TO THE BEST OF MY KNOWELDGE AND BELIEF ISA TRUE AND COMPLETE RETURN-\. a o' anter. ranee antee s gent i SiorL John M. Starlin-, Es.., Grantee's Agent Gate 03+ 28 - g % I D AANING. F. • ILUA ' • FILE THIS ETU SHALL RESULT IN :. PENALTY OF 525.00 IN ADOJTiCN TO ANY OT, -,EP PENALTY IMPOSEDL BY THE REVENUE LAWS OF FLORIDA To BE COMPLETED BY THE CLERK OF THE CIRCUIT COURT'S OFFICE CLERK'S DATE STAMP O.R. BOOK AND 'iniR,II1 4 FILE NUMBER AND PAGE NUMBER 1111 DATE BOOK & PAGE No., 111111 OR FILE NO. RECORDED I Mor., Day Year MAR -28 SEVERS STADLER HARRIS PA FAX NO. 4072680081 P. 01 r.V Kz, -l-iWULGK i, t alltl, Y.A. 509 PALM AVENUE TITUSVILLE, FL 32796 • FACSIMILE COVER SHEEn. S f TO: / ct.C/t1,t) FILE NO: OF: DATE: PHONE NO: NO. OF PCS. FAX NO: 0 7 7 f 9 3/ 70 . 90-#-‘,44-) ALFROM: OF: SEVERS, STADLER & HARRIS, P.A. PHONE i70: (407) 267-1711 FAX NO: (407) 268-0081 SPECIAL COMMENTS: e f!te-- el....6e0Le.A..e.oe fret -i/ o (I_vP4 -c 4t.n-) J .. 60,c.1aL d2L `u.L Glc If you do not receive all pages, please contact at (407) 267-1711. The information in this facsimile transmission is intended only for the per-1- sonal and confidential use of the designated recipients named above. This message may be an attorney-client communication and as such is privileged. I the reader of this message is not the intended recipient named above, you are notified that you may have received this docurent in error, and any review, dissemination, distribution, or copying of this message is strictly prohibi If you have received this communication in error, please notify this office immediately via telephone at 407/267-1711, and return the original message to the above address by mail. Thank you. . 03/28/97 16:44 TX/RX NO.9216 P.001 MAR -28-97 FRI 16:41 SEVERS STADLER HARRIS PA FAX N0. 4072680081 Dwight W. Severs R..,k.rdyy E. Seidler Jolla M. H rrze John 14. Sfaxlsmg Law Offices oa Severa, StacilYer & flarrie, P. A. 509 Palm A.o., P 0. Bo: 009 TitcsvilL 32781=0669 March 28, 1997 Ms. Ann J. Wild Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399 Re: Manatee Sanctuary Park Dear Ms. Wild: Tele koe 407) 2$7-e 711 Fa:p 407) 288.•.1081 Attached is the fully executed Endorsement No. 1 and the fully executed Receipt of Warrant. I am also attaching evidence of recording of the Deed to the City of Cape Canaveral in Official Records Book 3658 Page 454 of the Public Records of Brevard County, Florida. Please call with your authorization to negotiate the state Warrant. JMS/sb Enclosures Very truly yours, ohn M. St 03/28/97 16:44 TX/RX NO.9216 P.002 MAR -28-97 FRI 16:42 SEVERS STADLER HARRIS PA FAX NO. 4072680081 P. 03 la COMMONWEALTH LAND TITLE INSURANCE COMPANY ENDORSEMENTARelianceGroupHoldingsCompany To be annexed to and form a part of Commitment/I aErtl . No. 864-419351 insuring FLORIDA COMMUNITIES TRUST, AN AGENCY OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND THE CITY OF CAPE CANAVERAL, FLORIDA No. 1 as set forth in said Commitment/11811brX The said Commitment/Policy is hereby amended in the following manner: 1. Item 1 of Schedule A of the Commitment is hereby amended to change the name of proposed insured to the CITY OF CAPE CANAVERAL, FLORIDA 2. The legal description of the land referred to in Item 3 of Schedule A of the Commitment is amended to read as set forth in Exhibit "A" attached hereto and made a part hereof. The lands described in the Commitment are the -lands described in the survey prepared by BEITHORR & ASSOCIATES, INC. dated March 6, 1997. The policy to be issued will, however, be subject to the encroachments, power poles, guy wire, security key pad, pavement and overhead wire. The Company does not insure the accuracy or completeness of the survey. All items of Schedule B, Section 1 of the Commitment are hereby deleted. Items 1, 2, 3, 4, 5, 7, 9, 10, 16 and 17 of Schedule B, Section 2 of the Commitment are hereby deleted. The effective date is hereby changed to March 0249, 1997 at 3.J5 p .m. located at the southeast corner of the subject property and described as The total liability of the Company under said commitment/policy and any endorsements attached thereto sh II not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under t e provisions of said commitmenVpolicy to pay. This endorsement is made a part of said commitment/policy and is subject to the exclusions, schedul endorsements, conditions, stipulations and terms thereof, except as modified by the provisions hereof. Nothing herein contained shall be construed as extending or changing the effective date of said Comm t- ment/Policy, unless otherwise expressly stated. IN WITNESS WHEREOF COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused t s corporate name and seal to be hereunto affixed by its duly authorized officers on the day f March A.D. 1997. Countersigned Severs, Stadler & Harris, P.A. COMMONWEALTH LAND TITLE INSURANCE COMPANY Authorized Officer or Agent John M. Starling, Esq. By Attest: President Secretary' Form 1013 (Rev'd 9-83) ORIGINAL 03/28/97 16:44 TX/RX N0.9216 P.003 MAR -28-97 FRI 16:43 SEVERS STADLER HARRIS PA FAX NO. 4072680081 P.04 FLORIDA COMMUNITIES TRUST DEPARTMENT OF COMMUNITY AFFAIRS LAND ACQUISITION PURCHASE RECEIPT DATE DELIVERED TO FLORIDA COMMUNITIES TRUST: 3/27/97 DATE WARRANT DELIVERED TO PAYEE: 3Ja. $ (; 9 g 7 CLOSING DATE: 3 d Z g /657 SIGNATURE OF PAYEE (AGENT) : (s.•-yt _ J WARRANT NUMBER:2430797 WARRANT DATE: 3/26/97 AMOUNT: $1,074,350.00 FCT RECIPIENT: City of Cape Canaveral FCT PROJECT NAME: Manatee Sanctuary FCT PROJECT NO: 95-019-P56 PAYEE: John M. Starling Trust Account SELLER: Cevesco, Inc. 03/28/97 16:44 TX/RX NO.9216 P.004 MAR -28-97 FRI 16:43 SEVERS STADLER HARRIS PA FAX NO. 4072680081 P. 05 Wittords EviaridtjciniFileerocessInquiryMaintWindowHelp Add 'aycu=./1 dyFiri JOHN tA. S API INt; r,54;8.50 3ttck, te7s-e, Ptif vv/ - 03/28/97 16:44 TX/RX NO.9216 P.005 ID O Y m A C7 8 MAR -28-97 FRI 16:45 SEVERS STADLER HARRIS PA FAX NO. 4072680081 03/28/97 16:44 P. 06 TX/RX N0.9216 P.006 MAR -28-97 FRI 16:46 0a) 4am 0 O0S3A33 =Auedtuo3:sJa}auieJedLb, LINLUALP -Lid 3a SEVERS STADLER HARRIS PA FAX NO. 4072680081 P. 07 03/28/97 16:44 TX/RX NO.9216 P.007 IC FI 4.4 So Gat n 3 s O Mm O €D 00 c cC3 m co 0N_ A 0 0 ;r 0a1 K 004) 7C O 4,..m ' d2, 0 7 m 07 0 A4.2 rm C V n s s W U49CJapl9Uo3 AUTOMATIC COVER SHEET DATE: MAR -28-97 FRI 16:46 TO: FAX #: 7993170 FROM: SEVERS STADLER HARRIS PA FAX #: 4072680081 08 FADES WERE SENT INCLUDIKG THIS COVER PAGE) 03/28/97 16:44 TX/RX NO.9216 P.008 MAR -30-97 SUN 13,53 SEVERS STADLER HARRIS PA FAX NO,4072680081 Dwightr W. Severs Richarsil 13. S(aev'yer John M. Harris yobs M. Sterhes of (oWucei Law Offices of TSevers, S allceu & Harris, s . 509 PAM Ave., P. O. 30x 869 Titusville, Florida 327:8:1.0(889 P. 06 Date: March 31, 1997 Amount: $1,036,311.50 From: John M. Starling Trust Account 509 Palm Avenue P. O. Box 669 Titusville, FL 32781-0669 WIRE INSTRUCTIONS A. Tede?hone: A. 287.1711 Fax: 407) 288-41181 Account No. 0047000352802 SunTrust Bank of Florida, NA Titusville Office 047 Titusville, FL 32796 To: Wachovia Bank of North Carolina Charlotte, ABA No. 053100494 NC Credit; Chicago Title Insurance Company Custodial Escrow Depository Account Account No. 3569 075430 Contact: Telephone: Gayle Perry or Iris Jordan 800) 532-3643 dzz/h. hn M. Sta ing MAR -30-97 SUN 13.48 SEVERS STADLER HARRIS PA FAX NO, 4072680081 A PORTION OF SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE SOUTH LINE OF ANGEL'S ISLE, AS RECORDED IN PLAT BOOK 36, PAGE 77 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, AND THE WEST LINE OF TOWER BOULEVARD, A 60.00 FOOT RIGHT OF WAY, AS DESCRIBED IN OFFICIAL RECORDS BOOK 3057, PACT. 447, CF THE PUBLIC RECORDS. OF BREVARD COUNTY, FLORIDA; THENCE S 00°50'54" E, ALONG SAID WEST RIGHT OF WAY, 149.25 Itxr TO A POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 1080.00 1:'t t1'; THENCE SOUTHEASTERLY , ALONG SAID WEST RIGHT OF WAY AND THE ARC OF SAID CURVE TEROUGHi A CENTRAL ANCT •F; OF 41°42'24", 786.15 FEET TO A POINT ON THE NORTH LINE OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3408, PAGE 3313, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE N 89°27'20" W, ALONG SAID NORTH LINE, 734.76 FEET TO A POINT ON THE WEST LINE OF THE EAST 3580.00 P't:t;i' OF SAID S.;CTION 15; THENCE N 00°50'54" W, ALONG SAID WEST LINE 861.13 1.1;r.:11 TO A POINT ON THE SOUTH LINE OF SAID PLAT OF ANGEL'S ISLE; THENCE S 89°27'20" E, ALONG SAID SOUTH LINE, 460.96 TO THE POINT OF BEGINNING. P. 04 SAID PARCEL AS SURVEYED ALSO BEING MORE PARTICULARLY DESCRIBED AS FOLLO'r.'S: A PORTION OF SECTION 15, TOWNSHIP 24 SOUGH, RANGE 37 EAST, THE CITY OF CAPE CANAVERAL, BREVARD CAvI'Y, FLORIDA, MORE PARTICOLARLY DESCRIBED AS FOLLOWS: BEGIN AT A FOUND BROKEN 4 INOi BY 4 INC -i CONC.= Y30NIACENT AT THE INTERSECTION OF THE SOUTH LINE OF ANGEL'S ISLE, AS RECORDED IN PLAT BOOK 36, PAGE 77 OF THE PUBLIC Raraos OF BREVARD COUNTY, FLORIDA, AND THE WEST LINE OF TOWER BOULEVARD, A 60.00 FOOT RIOT OF WAY, AS DESCRIBED IN OFFICIAL RECORDS BOOK 3057, PAGE 447 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE S 00°49'40" E, ALONG SAID WEST RIGHT OF WAY, 149.25 r t..t; i' TO A FOUND 5/8 INCH IRON ROD WITH CAP (CDI LB 4802) A POINT OF C' VA1U?E OF A CURVE TO THE LEFT HAVING A RADIUS OF 1080.00 FEET; THENCE SOUTHEASTERLY, ALONG SAID WEST RIGHT OF WAY AND TEE PRC OF SAID CURVE THROUGH A MURALURAL ANGLE OF 41°42'43", 786.25 t'trtr TO A SET 5/8 INCH IRON ROD WITH CAP (DEITHORN LB 6445) ON THE NORTH LINE OF TEAT PARCEL AS DEESCRIBtED IN OFFICIAL RECORDS BOOK 3408, PAGE 3313 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE N 89°27'20" W, ALONG SAID NoROH LINE, 684.76 FEET TO A SET 5/8 INCH IRS ROD WITH CAP (DEITHORN LB 6445); THENCE CONTINUE N 89'27'20" W, ALONG SAID NORTH LINE, 20.14 t't t:r' TO TEE MEAN WATER LEVEL OF THE BANANA RIVER, ELEVATION 0.57 t.t;1', NATIONAL GEODETIC VERTICES, DATUM OF 1929, BASED ON THE EXTENSION OF THAT TIDAL DATUM COMPUTED FOR FDEP M' HW SURVEY FILE 1372, AS APPROVED BY THE FLORIDA DEPARTMENT OF a;VIDRONYZNTAL PROTECTION BY Lt.ITER DATED FEBRUARY 26, 1997; THENCE THE FOLLOWINGING TEN (10) COURSES AND DISTANCES ALONG SAID MEAN WATER LEVEL: 1. N 00°06'56" E, 152.34 Etta; 2. N 42°42'49" W, 38.75 FE'A'T; 3. N 03°31'16" E, 129.66 FEET; 4. N 07°17'00" E, 111.34 E' r; 5. N 12°21'16" w, 76.88 E aa'; 6. N 04°41'49" W, 85.84 it -el; 7. N 03°26'05" W, 81.25 t'taa; 8. N 00°37'19" W, 77.68 E't.tr; 9. N 23°17'50" W, 88.98 FST; 10. N 15°21'48" W, 41.51 t tr;l` TO A POINT ON THE SOUTH LINE OF SAID PLAT OF ANGEL'S ISLE; THENCE S 89°27'20" E, ALONG SAID SOUTH LINE , 18.84 FEET TO A FOUND 5/8 INCH IRON ROD WITH CAP (ALLEN ENG LB 266) ; THENCE CONTINUE S 89°27'20" E, ALONG SAID SOUTH LINE 17.84 t r ti' TO A FOUND 4 NCH BY 4 INCH CONCRETE MOND: 1T WITH DISK (PRM PLS 2899) : 'THENCE CONTINUE S 89°27'20" E, ALONG SAID SOUTH LINE, 461.19 Et;t1' TO THE POINT OF BEGINNING. MAR -30-97 SUN 13:54 SEVERS STADLER HARRIS PA FAX NO, 4072680081 CLOSING STATEMENT DATE: March 2.4 /997 97 -CT -2U-95-56-1,1-019 P. 07 R. BUYER: Ceve co Inc. a Delaware cor • oration e . . . - City o/ Cape Canaveral and Florida Communities Trust HICAGO TITLE I PROPERTY COUNTY: Brevard LEGAL DESCRIPTION: See Legal Description Attached SELLER'S COPY A. DUE SEU,FR B. CREDIT BUYER BUYER'S COPY a. PURCHASEPRICE b. DOWN PAYMENT A. DUE SELLER 1 .079.0001.00(1 B. CREDIT BUYER 100.00 1. SELLING PRICE 1:077, 00" 2. Escrow Deposit 1 00.0( 3. r. 4. RENTS. prorated d. RETNTS. pro -rated i S. INTERESTLpro-rated e. INTEREST,pro•rated I. INSURANCE : Fire Unearned Premium 6. INSURANCE : Fire Unearned Premium OTHER: Unearned Premium OTHER: Unearned Premium 7. TAXES: (City & County) a. TAXES: (City & County) h. Pro -rated as Seller sS. P.ro ated as Seller's exnae Expense - hrqugll i 3/31/97thrown313ig97 9. i 10. k 11.1 12. TOTALS 072.000 100.00 TOTALS 1,072,000 00 100.00 m canto. 'A• f.., cvturn 'a' BALANCE DUE SELLER BUYER'S EXPENSES 1,071 9(1O 00 1,_071,900 00 OF SALE CHARGE EWER 13. C.tro. 'A' t..a c.r.1n• ro' x.071.900 BALANCE DUE SELLER 1.071.900 SELLER'S EXPENSES OF SALE CHARGE SFt1FR 14.FnvirnnmAntal Rapnrt 7,90Q 00, n 15. Consulting Fee to Firkins 111 of Purchase Price) ] 0, 7 70 0n o Recording Deed 16. Title Insurance c091 Q0, P Title insurance POlicv-lander 17. FL Doc Stamps on Deed 7 51)li fill- a lt3. SSRHAttyFees Accrued throurh03-06-97 2.700_00 r 19. Estimated AttyFees after 03-06.97 2.250_00 s 20. Title Search Fee 129.00 t 21, Federal ENDress Charges 66 30 u 22.1997 Real Estate Taxes 1,SO5 70 y 3-Sttrvoy 50 00. v 74. Rarnrrling T)eaarl 64.5D x TOTAL EXPENSES TO SELLER 35,588.50 y TOTAL EXPENSES TO OUTER SUMMARY: BALANCE DUE SELLER 1,071,900.0 SUMMARY: ESCROW DEPOSIT $1,071.990.00 plus BALANCE DUE SELLER 1,071.900.00 SUB TOTALSUBTOTAL35,588.50 plus BU'YER'S EXPENSEShesSELLER'S EXPENSES CASii DtE $1,071,900cETMCASHTOSELER0361} 1 Sn N' ROMi6UlER aaY. a t1S3k+ uf9ef1O}igl9fi 4. . '.. tCW dtS .I_A AYY. YtT Taxes & lnsuranee pro -rated as of based upon 1996 in the amount of f taxes SELLER: Cevesco, Inc., Delawareiicorporation rCHICAGOt'TITLE1INSeURAinter- mediary, COMPANY, Br C. Hunt hufoni, Jr„ Pre cs*nt Received a true copy of above, check for Net Cash to Seller. and hereby approve above and certifyit correct,' BUYER: City of Cape Bv• FL nedia.ryy, JSURANCE COMPANY 0 0 By: 'TJamesF . Mur ey, Cha_ 4 to t-0 s.i:u i_ei icy 4r} 4 MAR -30-97 SUN 13;55 SEVERS STADLER HARRIS PA FAX NO. 4072680081 P,08 A PORTION OF SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, THE CITYOFCAPECANAVERAL, BREVARD mum, FLORIDA, MORE PARTICULARLY DESCRIBED ASFOLLOWS: BEGIN AT THE INTERSECTION OF THE SOUTH LINE OF ANGEL'S ISLE, ASRECORDEDINPLATBOOK36, PAGE 77 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, AND THE WEST LINE OF TOWER BOULEVARD, A 60.00 FOOT RIGHT OF WAY, AS DESCRIBED IN OFFICIAL RECORDS BOOK 3057, PAGE 447, OF THE PUBLIC RECORDSOFBREVARDODUN'TY, FLORIDA; THENCE S 00°50'54" E, ALONG SAID WEST RIGHT OFWAY, 149.25 FEEL' TO A POINT OF CURVATURE CF A CURVE TO THE LEFT, HAVING ARADIUSOF1080.00 FEET; THENCE SOUTHEASTERLY , ALONG SAID WEST RIGHT OF WAY AND THE ARC OF SAID CURVETHROUGH A CENTRAL ANGLE OF 41°42'24", 786.15 ivt.a TO A POINT ON THE NORTH LINE OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDSBOOK3408, PAGE 3313, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE N 89°27'20" W, ALONG SAID NORTH LINE, 734.76 2•E.1' TO A POINT ON THE WEST LINE OF THE EAST 3580.00 FEET OF SAID SECTION 15; THENCE N 00°50'54" W, ALONG SAID WEST LINE 861.13 1.:1:r TO A POINT ON THE SOUTH LINE OF SAIDPLATOFANGEL'S ISLE; THENCE S 89°27'20" E, ALONG SAID SOUTH LINE, 460.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL AS SURVEYED ALSO BEING MORE PtRTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF SECTION 15, TOWNSHIP 24 SM, RANGE 37 EAST, THE CITYOFCAPECANAVERAL, BREVARD CONY, FLORIDA, MORE PARTICULARLY DESCRIBED ASFOLLOWS: BEGIN AT A FOUND BROKEN 4 INCH BY 4 INCH CONCRETE MONUMENT AT T1 INTERSECTION OF THE SOUTH LINE OF ANGEL'S ISLE, AS RE" C2RDE D IN PLAT BOOK36, PAGE 77 OF TIE PUBLIC RECORDS OF BREVARD COUNTY, cWRIDA, AND THE WESTLINEOFTOWERBOULEVARD, A 60.00 FOOT RIGHT OF WAY, AS DESCRIBED IN OFFICIALRECORDSBOOK3057, PACE 447 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE S 00°49'40" E, ALONG SAID WEST RIGHT OF WAY, 149.25 F'r..tl' TO A FOUND5/8 INCH IRON ROD WITH CAP (GDI LB 4802) A POINT OF CURVATURE OF A CURVE TO THE LEI' HAVING A RADIUS OF 1080.00 FEET; TnENCE SOUTHEASTERLY, ALONG SAID WEST RIGHT OF WAY AND THE ARC OF SAID CLRVE THROUGH A CENTRAL ANGLEOF41°42'43", 786.25 1 ;r'1' TOA SET 5/8 INCH IRON ROD Will CAP (DEITHORN LB6445) ON THE NORTH LINE OF THAT PARCEL AS DESCRIBED IN OFrICIA.L RE ORDS BOOK3408, PAGE 3 313 OF THE PUBLIC RECORDS OF BREVARD COUNTY , FLORIDA; THENCEN89°27'20" W, ALONG SAID NORTH LINE, 684.76 FEET TO A SET 5/8 INCH IRON ROD WITH CAP (DEITHORN LB 6445); THENCE CONTINUE N 89°27'20" W, ALONG SAIDNORTHLINE, 20.14 1: I::x:1' TO ME MEAN WATER LEVEL OF THE BANANA RIVER, ELEVATION 0.57 FEET, NATIONAL GEODETIC VERTICAL DATUM OF 1929, BASE? ON THE EXTENSION OF THAT TIDAL DATUM COMPUTED FOR FDEP MHW SURVEY FILE 1372, AS APPROVED BY THE FLORIDA DEPARTMENT OF ENJIRONYZNTAL PROTECTION BY 1.11.1r.x DATED FEBRUARY 26, 1997; THENCE THE FOL CNING TEN (10) COURSES AND DISTANCES ALONG SAID MEAN WATER LEVEL: 1. N 00°06'56" E, 152.34 Ft:::..t; 2. N 42°42'49" W, 38.75 FEET; 3. N 03°31'16" E, 129.66 FEET; 4. N 07°17'00" E, 111.34 FEET; 5. N 12°21'16" W, 76.88 il1r; 6. N 04°41'49" W, 85.84 1 xr; 7. N 03°26'45" W, 81.25 FEET; 8. N 00°37'19" W, 77.68 9. N 23°17'50" W, 88.98 rtr.:1; 4SOUTHLINEOFSAIDPLATOF10ANGEL'S °ISLE; THENCE 1 S589°27' 20" E, ALONG SAID SOUTH LINE , 18.84 11.er TO A FOUND 5/8 INCH IRON ROD WITH CAP (ALLEN ENG LB 266) ; THENCE CONTINUE S 89°27'20" E, ALONG SAID SOUTH LINE 17.84 fterTO A FOUND 4 INCH BY 4 INCH CONCRETE MONU2. +TI' WITH DISK (PRM PLS 2899) THENCE CONTINUE S 88°27'20" E, ALONG SAID SOUTH LINE, 461.19 I Vii' '10 THE POINT OF BEGINNING. t•VVTnTT II A 41 Dwag6 W. Severs 1Rueh.rdl E. Saari ie,, John AL Hamas Jehm Sa.rhg d CO u el Law Offices ®T Severs, &taller & Haiir is, IP. A. 509 Palm Ave., R O. ]Io 669 Tna.svill e, Filorriclla 327811 0669 March 28, 1997 City of Cape Canaveral Post Office Box 325 Cape Canaveral, Florida 32932 Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: Opinion of Counsel Dear Gentlemen: Telerh®mee 4 07) 26701171111 407) 208 0081 I, John M. Starling, am an attorney authorized to practice in the State of Florida. In connection with the transaction contemplated by the Option Agreement ("Agreement") between Cevesco, Inc., Seller, and the City of Cape Canaveral and Florida Communities Trust ("Buyer"), executed on February 6, 1997, I have been requested by the Seller to furnish this opinion of counsel. This opinion is delivered to you in satisfaction of the Addendum Corporate/Florida) to the Agreement. This opinion is rendered after reviewing the Agreement and all other documents, instruments, and agreements executed and delivered by Seller in connection with the Agreement. The following assumptions are made for the purposes of this opinion: the genuineness of all signatures and the authority of all persons signing all documents other than those signing on behalf of Seller; the authenticity of all documents submitted to me as originals; the conformity to authentic originals of all documents submitted to me as certified, conformed, or photostatic copies; and the power of all persons, other than those representing Seller, to enter into and perform each of the agreements to which it is a party. Based on the foregoing, I have reached the following opinions: A. The execution of the Agreement and the performance by Seller of the various terms and conditions thereof, including, without limitation, the execution of all agreements, notices and other documents thereunder, have been duly authorized by requisite corporate authority of Seller. B. Seller is a corporation, duly organized, validly existing and in good standing under the laws of Delaware and duly licensed or qualified and in good standing and qualified to own real property in the State of Florida. C. The Agreement, as executed and delivered to Buyer, is valid and legally binding upon Seller and enforceable in accordance with its terms and neither the execution of the Agreement and the other instruments to be executed thereunder by Seller, nor the performance by it of the various terms and conditions thereto will violate the certificate of incorporation of Seller or any amendments thereto. D. Cevesco, Inc., is a corporate duly organized, validly existing and in good standing under the laws of Delaware and has been duly qualified to transact business in the State of Florida and C. Hunt Shuford, Jr., as the President of Cevesco, Inc., or George H. Firkins, Jr., as the authorized agent of Cevesco, Inc. have the requisite authority to execute the Agreement and perform the various terms and conditions, including, without limitation, the authority to execute all agreements, notices, and other documents required thereunder. E. When duly recorded among the land records of Brevard County, Florida, the warranty deed given by Seller pursuant to the Agreement will create a valid and enforceable conveyance in favor of Buyer of the interests therein stated, subject only to the matters described in said Warranty Deed. No opinion is given with respect to the Seller's title to the real property described in the Agreement or regarding the evidence or effect of any title exceptions or encumbrances on said real property. This letter is furnished for purposes of the Agreement only and may not be reproduced or relied upon by any other party. B Sincerely, SEVERS, STADLER & HARRIS, P.A. ohn M. Starling, of Counsel FLORIDA COMMUNITIES TRUST DEPARTMENT OF COMMUNITY AFFAIRS LAND ACQUISITION PURCHASE RECEIPT DATE DELIVERED TO FLORIDA COMMUNITIES TRUST: 3/27/97 DATE WARRANT DELIVERED TO PAYEE: CLOSING DATE: .3 /2.g / SIGNATURE OF PAYEE (AGENT): WARRANT NUMBER:2430797 31g.8 ( 1 9 7 WARRANT DATE: 3/26/97 AMOUNT: $1,074,350.00 FCT RECIPIENT: City of Cape Canaveral FCT PROJECT NAME: Manatee Sanctuary FCT PROJECT NO: 95-019-P56 PAYEE: John M. Starling Trust Account SELLER: Cevesco, Inc. FLORI COMMUNI By: Dwight W. Severs Richard F. Stadler John M. Harris John M. Starling of Counsel Law Offices or Seders, Stadler SS Harris, P. A. 509 Paha Ave., P O. Boz 669 Titusville, Florida 32781..0669 April 3;,1997-i Ms. Ann J. Wild Florida Communities Trust 2555 Shumard Oak Blvd. Tallahassee, FL 32399 Re: Manattee Sanctuary Park FCT Project # 95-019-P56 Dear Ms. Wild: Lea): 407) 267-1711 countywide: 407) 63202129 Fa:: 407) 63202192 The Seller, Cevesco, Inc. ("Cevesco") has incurred certain costs which are in part reimbursable by Florida Communities Trust ("Trust"), to -wit: 1. Surveyor: David Deithorn $3,350.00 2. Environmental Site Assessment $2,200.00 3. Promulgated cost of Title Insurance$5,091.00 Total: $10,641.00 Under the agreement between Cevesco as Seller and the Trust and City of Cape Canaveral as Buyers, the Trust agreed to reimburse Cevesco one half of these costs which would be the sum of $5,320.50. We would appreciate you processing this claim as soon as possible. Receipts acknowledging full payment signed by the surveyor and environmentalist are enclosed. Also enclosed is copy of receipt from the Brevard County Tax Collector showing payment of real estate taxes. Very Truly Yours, cc: Mr. Bennett Boucher Mr. C. Hunt Shuford Mr. George Firkins, Jr. hn M. Starling JIM FORD, CFA PROPERTY APPRAISER BREVARD COUNTY, FLORIDA P. O. BOX 429 • TITUSVILLE, FLORIDA 32781-0429 • PHONE (407) 264-6700 • FAX (407) 264-5187 ESTIMATE OF TAXES Requested by: City of Cape Canaveral 105 Polk Ave. P.O. Box 326 Cape Canaveral, FI 32920-0326 Date: March 17,1997 Out of: Township 24 Range 37 Section 15 Subdivision 00 Block 750 Lot Description: Approxiametely 10ac fronting along river. Estimated Land Value 350000 Mill Code 26G0 Estimated Bldg Value 0 Mill Code 17.4451 Total Value 350000 Estimated Tax for 1997 $ 6105.79 X .0174451 = 6105.79 This Estimate of Taxes is su' ct to change without prior notification. Prepared by: Appraiser's Responsibility - By state law, it is the responsibility of the Appraiser to locate, identify, and appraise, based upon current market value, all property subject to ad valorem taxes, maintain tax roll equity and process allowable exemptions. The appraiser has no jurisdiction or responsibility for area budgets, tax rates, special assessments or amounts of taxes paid. These matters are handled by the various taxing authorities performing services, such as the County Commission, City Councils, School Board and other taxing districts. STOTTLER STARMER ENVIRONMENTAL SERVICES, INC. 8680 North Atlantic Avenue P.O. Box 1630 Cape Canaveral, Florida 32920-1630 Mr. John Starling, Esq. Severs, Stadler & Harris, P.A. 509'Palm Avenue, P.O. Box 669 Titusville, FL 32781-0669 407 783-1320 Invoice Date; Invoice No Client No Project No Invoice for Services Through March 14, 1997 Fax 407 783-7065 03/14/97 E194 RM1011 E97101 Phase I Environmental Site Assessment Ten Acre Site, North of Cape Canaveral Sanitary ,Sewer Plant per Agreement dated March 3,1997 Fee 2,200.00 x 100% Complete TOTAL DUE THIS INVOICE 2,200.00 2,200.00 SOLD TO: DEITHORN & ASSOCIATES, INC. LAND SURVEYORS 476 HIGHWAYA1A, SUITE 4B SATELLITE BEACH, FL 32937 407) 779-8681 • FAX (407) 779-8673 JOHN STARLING 509 PALM AVE., PO BOX 669 TITUSVILLE, FL 32781-0669 PURCHASE ORDER NUMBER DATE ORDERED 03/25/97 TERMS NET 30 REFERENCE 97-067 MESSAGE: STARLING INVOICE NO. 2478 INVOICE INVOICE DATE PAYMENT DATE 04/24/97 03/25/97 SALESPERSON JS NOTES MANATEE SANCTUARY PARK DESCRIPTION MANATEE SANCTUARY PARK MEAN HIGH WATER LEVEL BOUNDARY SURVEY 1 0,1 Qa SUBTOTAL SALES TAX SHIPPING AMOUNT TOTAL 0.00 3,350.00 3,350.00 0.00 0.00 3,350.00 Rod Northcutt, Brevard County Tax Collector TEMPORARY RECEIPT Received From JOHN M- START INA TRUST ACCOUNT Address 509 PALM AVENUE P4°. 17521 PO BOX 669, TITUS.VU 1 F, FJ V27R1-0669 Date MARCH 31, ,19 97 FOR: gstimated 1997 tax - 24 37 15 00 759 By Patti Kruithof f% Dept Ta/ - Current TC -91 (Rev. 2/92) White) - Applicant Yellow) - Department Copy TOTAL $ Pink) - A/C Dept. Numerical 1,505.70 1,505.70 Gold) - File with Application Dwight W Seve. 1Riat.A E. &Ale.. JorItt M. J®6. M. SatnPlla,mg Gmmw.a Law Offices of Seven's, StagHeir & Harris, P. A. 509 Palm Ave„ P O Bog 669 iittasvi1De:, Florida 3278 ©669 cafe 407) 267 1711 CG ..utywide: 407) 632 21129 April 3, 1997 Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 407) 632.21192 Re: Sale by Cevesco, Inc. ("Cevesco") to the City of Cape Canaveral ("Cape") and Florida Communities Trust ("Trust") Project No. 95-019-P56 Dear Mr. Boucher: The sale by Cevesco to the City and the Trust was closed on March 28, 1997. In connection with said closing I enclose the following items: 1. Original of our opinion letter dated March 28, 1997; 2. Original of Warranty Deed from Cevesco to the City dated March 18, 1997 and recorded on March 28, 1997 in official Records Book 3658, Page 0454 of the public records of Brevard County, Florida; 3. Original of Closing Statement dated March 28, 1997; 4. Original of Property Tax "cut-out" and copy of memo explaining property tax pro -ration as shown on the closing statement; 5. Copy of State of Florida payment draft; 6. Copy of letter from Cevesco to the Trust authorizing payment of the State warrant to John M. Starling Trust Account; 7. Copy of Land Acquisition Purchase Receipt signed by John M. Starling. The original of this receipt is being forwarded as part of this package to Ms. Ann Wild; 8. Original of Environmental affidavit; 9. Original of Title, Possession & Lien affidavit; 10. Copy of Minutes of Action taken by Cevesco's Board of Directors. The original of this document is being forwarded to Cevesco; 11. Copy of Letter of Exercise of Option signed by the Trust; 12. Original of Certificate of Secretary of State of Delaware as to Cevesco's corporate status; 13. Original of Certificate of Secretary of State of Florida as to Cevesco's corporate status. The closing proceeds have been disbursed, including 2,399 to the City for reimbursement by the Trust to the City for prepaid costs. The Title Policy will follow in a few days. Very Truly Yours, ohn M. Starling cc: Ms. Ann Wild Mr. C. Hunt Shuford Mr. George H. Firkins, Jr. wug lua d Severs Rieh.rJ E. Stager Joh. M. ll .ri. Jaw M. soorli g or co...ei Law On 01T I... everay & ariris, P. A. 509 Pall Ave., P. 0, Ido 869 Tita¢.vn h1eg florid. 327811.©669 April 8, 1997 Bennett Baucher, City Manager CITY OF CAPE CANAVERAL 105 Polk Avenue Cape Canaveral, FL 32920 Re: Owner's Policy of Title Insurance Dear Mr. Baucher: Teleplino®ea 407) WSW47U Fasz 407) 268 0081 Enclosed please find the "original" Owner's Policy of Title Insurance No. A02-193232 issued on behalf of City of Cape Canaveral in the amount of $1,072,000.00 and written on Commonwealth Land Title Insurance Company. If you have any questions regarding the enclosed, please feel free to contact me at any time. Very truly yours, JMS/psc Enclosure ohn M. Starling cc: C. Hunt Shuford, President of CEVESCO, INC. George H. Firkins, Jr., Agent for CEVESCO, INC. Ann J. Wild, Trust Counsel of FLORIDA COMMUNITIES TRUST ALTA Owner's Policy (10-17-92) Face Page with Florida Modifications Form 1190-21 ORIGINAL Valid Only If Schedules A and B and Cover Are Attached IIIIIIIIIIIIIIIIIIIIIIIIIIIII - W ' ISSUED BY OWNER'S POLICY OF TITLE INSURANCE COMMONWEALTH LAND TITLE INSURANCE COMPANY Commonwealth POLICY NUMBER 02-193232 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY NO 1ITL t1F Attest: g G j W • 7 BY Secretary y0.1,trs,iv"s-- President X03 r KNda EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve- ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: a) created, suffered, assumed or agreed to by the insured claimant; b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; c) resulting in no loss or damage to the insured claimant; d) attaching or created subsequent to Date of Policy; or e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: i) to timely record the instrument of transfer; or ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. IA ALTA Owner's Policy (10-17-92) Face Page with Florida Modifications Form 1190-21 ORIGINAL Valid Only If Schedules A and B and Cover Are Attached CONDITIONS AND STIPULATIONS c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court ofcompetentjurisdictionandexpresslyreservestheright, in its sole discretion, to appeal from any adverse judgment or order. d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company , the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine , inspect and copy all records. books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgement of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following options: a)To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to time of payment and which the Company is obligated to pay; or ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 1. DEFINITION OF TERMS. The following terms when used in this policy mean: a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. b) "insured claimant": an insured claiming loss or damage. c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. d) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right , title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a) (iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shallcometoaninsuredhereunderofanyclaimoftitleorinterestwhichis adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insuredinthedefenseofthosecausesofactionwhichallegemattersnotinsured against by this policy. b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. B 1190-2 Conditions and Stipulations Continued Inside Cover Issued with Policy No. SCHEDULE A Policy No. A02-193232 Effective Date: March 28, 1997 at 3:06 P.M. File Number 1— CEVESCO Amount of Insurance: $ 1,072,000.00 1. Name of Insured: CITY OF CAPE CANAVERAL, FLORIDA 2. The estate or interest in the land described herein and which is covered by this policy is a fee simple (if other, specify same) and is at the effective date hereof vested in the named insured as shown by instrument recorded in Official Records Book 3658 , Page 0454 , of the Public Records of Brevard County, Florida. 3. The land referred to in this policy is described as follows: See attached Legal Description. Countersigned. SEVERS, STADLER & HARRIS, P.A. 509 Palm Ave., P. 0. Box 669 Titusville, FL 32781-0669 407) 267-1711 ALTA Owner's Policy Schedule A Form 1005-91 M. STARLING, ESQ. uthorized Officer or Agent orida Bar No. 07731 ORIGINAL A PORTION OF SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, THE CITY OF CAPE CANAVERAL, BREVARD CDoNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE SOUTH LINE OF ANCTL'S ISLE, AS RECORDED IN PLAT BOOK 36, PAGE 77 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, AND THE WEST LINE OF TOWER BOULEVARD, A 60.00 FOOT RIGHT OF WAY, AS DESCRIBED IN OFFICIAL RECORDS BOOK 3057, PAGE 447, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE S 00°50'54" E, ALONG SAID WEST RIGHT OF WAY, 149.25 iter TO A POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 1080.00 th r; THENCE SOUTHEASTERLY , ALONG SAID WEST RIGHT OF WAY AND THE ARC OF SAID CURVE TZ -SOUGH A CENTRAL ANGLE OF 41°42'24", 786.15 tt:t1' TO A POINT ON THE NORTH LINE OF THAT PAROL DESCRIBED IN OFFICIAL RECORDS BOOK 3408, PAGE 3313, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE N 89°27'20" W, ALONG SAID NORTH LINE, 734.76 tt:t:i' TO A POINT ON THE WEST LINE OF THE EAST 3580.00 F't:t:f OF SAID SECTION 15; THENCE N 00°50'54" W, ALONG SAID WEST LINE 861.13 iter TO A POINT ON THE SOUTH LINE OF SAID PLAT OF ANGEL'S ISLE; THENCE S 89°27'20" E, ALONG SAID SOUTH LINE, 460.96 rt:t:r '10 THE POINT OF BEGINNING. SAID PARCEL AS SURVEYED ALSO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF SECTION 15, TOWNSHIP 24 SCOW, RANGE 37 EAST, THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A FOUND BROKEN 4 INCH BY 4 INCH CONCRETE MONUMENT AT THE INTERStt:1'ION OF THE SOUTH LINE OF ANGEL'S ISLE, AS RECORDED IN PLAT BOOK 36, PAGE 77 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, AND THE WEST LINE OF TOWER BOULEVARD, A 60.00 FOOT RIGHT OF WAY, AS DESCRIBED IN OFFICIAL RECORDS BOOK 3057, PAGE 447 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; TACE S 00°49'40" E, ALONG SAID WEST RIGHT OF WAY, 14 9.2 5 ttt; l' TO A FOUND 5/8 INCH IRON ROD WITH CAP (GDI LB 4802) A POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 1080.00 t't.t1'; THENCE SOUTHEASTERLY, ALONG SAID WEST RIQ3T OF WAY AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°42'43", 786.25 th r TO A SET 5/8 INCH IRON ROD WITH CAP (DEITHORN LB 6445) ON THE NORTH LINE OF THAT PARChL AS DESCRIBED IN OFFICIAL RECORDS BOOK 3408, PAGE 3313 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE N 89°27'20" W, ALONG SAID NORTH LINE, 684.76 rt:t:r TO A SET 5/8 INCH IRON ROD WITH CAP (DEITHORN LB 6445); THENCE CONTINUE N 89°27'20" W, ALONG SAID NORTH LINE, 20.14 tt t;r TO TEE MEAN WATER LEVEL OF THE BANANA RIVER, ELEVATION 0.57 rt:t;r, NATIONAL GEODETIC «2TICAL DATUM OF 1929, BASED ON THE EXTENSION OF THAT TIDAL DATUM COMMUTED POR FDEP MHW SURVEY FILE 1372, AS APPROVED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BY LETTER DATED FEBRUARY 26, 1997; THENCE THE FOLLOWING TEN (10) COURSES AND DISTANCES ALONG SAID MEAN WATER LEVEL: 1. N 00°06'56" E, 152.34 r'ta;r; 2. N 42°42'49" W, 38.75 tt:t:1; 3. N 03°31'16" E, 129.66 t'ra:r; 4. N 07°17'00" E, 111.34 Eta;r; 5. N 12°21'16" W, 76.88 ttt;r; 6. N 04°41'49" W, 85.84 t'tta; 7. N 03°26'05" W, 81.25 t'taa; 8. N 00°37'19" W, 77.68 t tt;r; 9. N 23°17'50" W, 88.98 1'thr; 10. N 15°21'48" W, 41.51 ttt;r TO A POINT ON THE SOUTH LINE OF SAID PLAT OF ANGEL'S ISLE; THENCE S 89°27'20" E, ALONG SAID SOUTH LINE , 18.84 et:t;r TO A FOUND 5/8 INCH IRON ROD WITH CAP (ALLEN ENG LB 266); TACE CONTINUE S 89°27'20" E, ALONG SAID SOUTH LINE 17.84 tt.t:l' TO A FOUND 4 INCH BY 4 INCH CONCRETE mown= WITH DISK (PRM PLS 2899) : THENCE CONTINUE S 89°27'20" E, ALONG SAID SOUTH LINE, 461.19 1'ttr TO THE POINT OF BEGINNING. IIIN EXHIBIT "A" SCHEDULE B File Number 1—CEVESCO Policy No. A02-193232 This policy does not insure against loss or damage by reason of the following exceptions: 1. Taxes for the year 1997 and taxes or assessments which are not shown as existing liens by the public records or which may be levied or assessed subsequent to the date hereof. 2. Rights or claims of parties in possession not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Easements or claims of easements not shown by the public records. 5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any claim that any part of said land is owned by the State of Florida by right of sovereignty, and riparian rights, if any. 7. The legal description of the land referred to in Item 3 of Schedule A of this Policy are the same lands described in the survey prepared by DEITHORN & ASSOCIATES, INC. dated March 6, 1997. This Policy is, however, subject to the encroachments located at the Southeast corner of the subject property and described as power poles, guy wires, security key pad, pavement and overhead wire. The Company does not insure the accuracy or completeness of the survey. 8. Oil, Gas and Mineral Reservations in favor of Trustees of the Internal Improvement Fund, as contained in Deed, dated January 24, 1957, recorded February 1, 1957 in Deed Book 438, Page 547, of the Public Records of Brevard County, Florida. The right of entry for mining and exploration in said reservations has been released by Section 270.11, Florida Statutes. 9. The nature, extent, or existence of riparian rights are not insured. 10. Any claim that any part of said land is owned by the State of Florida by right of sovereignty and riparian rights, if any. 11. Any and all rights of the United States of America over any lands now or formerly lying under navigable waters, arising by reason of the authority of the United States of America to control navigable waters in the interest of navigation and commerce, and any conditions contained in any permit authorizing the filling in of such areas. 12. Title to no portion of the insured land below the mean high water line (mark) of any navigable waterbody is insured. 13. This policy does not insure against the covenants and restrictions as set forth in the Grant Award Agreement between the CITY OF CAPE CANAVERAL and FLORIDA COMMUNITIES TRUST which is attached as Exhibit "B" to the Warranty Deed from CEVESCO, INC. to CITY OF CAPE CANAVERAL, dated March 18, 1997 and recorded on March 28, 1997 in Official Records Book 3658, Page 0454, of the Public Records of Brevard County, Florida. 14. Items 1 through 6 are hereby deleted from this Policy. ALTA Owner's Policy Schedule B Form 1005-92 ORIGINAL Schedule B of this Policy consists of One Pages CONDITIONS AND STIPULATIONS Continued) 7. LIMITATION OF LIABILITY No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encumbrance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company. 8. REDUCTION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 9. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under anypolicyinsuringeither (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to saidinsuredowner. 10. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 12. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorsements and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendement of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to Commonwealth Land Title Insurance Company, Eight Penn Center, Philadelphia, Pennsylvania 19103- 2198. American Land Title Association Owner's Policy - 1970 - Form B (Rev. 10-17-70 and 10-17-84) Cover Page Form 1005-8 Valid Only If Schedules A and B Are Attached ORIGINAL American Land Title Association Owner's Policy Form B 1970 Rev. 10-17-70 and 10-17-84) POLICY OF TITLE INSURANCE Issued by Commonwealth® Land Title Insurance Company Title Insurance Since 1876 HOME OFFICE EIGHT PENN CENTER PHILADELPHIA, PA 19103-2198 B-1005-8 1111111111111 111111111111111111111111111M1W1111/1111111111111111111111 City of Cape Canaveral ZONING BOARD OF ADJUSTMENT FINDINGS OF FACT CONCLUSION OF LAW ORDER REQUEST NUMBER: 99-05 13 RE: Special Exception Request No. 99-05 to Allow a Public Park in the R-3 Zoning District, (Manatee Sanctuary Park), a Portion of Parcel 750, Section 15, Township 24 South, Range 37 East - Petitioner was Bennett Boucher, City Manager. The Zoning Board of Adjustment of the City of Cape Canaveral has heard information pertaining to the request at the Zoning Board of Adjustment meeting held the 26th day of April, 1999. And based on the information provided, the Zoning Board of Adjustment has entered the following FINDINGS OF FACT, CONCLUSION OF LAW AND ORDER. FINDINGS OF FACT Board of Adjustments is the owner of the real property described in the Petition. The property is located in the R-3 zoning district classification and is subject to the Land Development Regulations pertaining to said district. The granting of this special exception request will not adversely affect the public interest, in that, the request complies with the City Code of Ordinances. This special exception is consistent with the goals, objectives and policies of the Comprehensive Plan; is consistent with the intent of the R-3 zoning district; this request does not create any adverse impacts to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed for a principal use permitted in the R-3 zoning district; no unusual police, fire or emergency services will be required; all the requirements of the zoning district are met with this special exception. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (407) 868-1200 • FAX (407) 799-3170 • httn://fcn.state.fl.us/cane/ Zoning Board of Adjustment Findings of Fact Conclusion of Law Order Special Exception Request No. 99-05 April 26, 1999 Page 2 CONCLUSION OF LAW That the Board of Adjustments has lawful power and authority to grant special exceptions under special conditions and circumstances as set forth in Section 110-314, Paragraph (5) of the Cape Canaveral Code of Ordinances. The petitioner has met the minimum requirements for the requested special exception and has demonstrated entitlement to the special exception which will not adversely affect the public interest. ORDER The City of Cape Canaveral is granted the special exception with no limitations, restrictions and conditions. Should there be a violation to any part of this Order, the special exception is subject to revocation according to the City Code. DONE AND ORDERED on this 26th day of April, 1999 at the City of Cape Canaveral, Brevard County, Florida. BOARD OF ADJUSTMENT CITY OF CAPE CANAVERAL BY: `4- 7---- Ann Thurm Chairperson I hereby certify that a true and correct copy of this document was nad-delivered to the City Manager on this 27th day of April, 1999. Susan L. Chapman Secretary to the Board of Adjustments Dwight W. Severs Law Offices of Dwight W. Severs S Associates, RA. Post Office It ,ox 6088 Titusville, FL 32782-6088 April 28, 1999 Ann J. Wild, General Counsel FLORIDA COMMUNITIES TRUST DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard, Room 310 Tallahassee, FL 32399-2100 Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920-0326 RE: Project Name and FCT Recipient: FCT Project Number: Parcel Number: Dear Ms. Wild and Mr. Boucher: Telephone: 407) 267-1711 Fax: 407) 268-0081 Manatee Sanctuary Park, City of Cape Canaveral 96-062-P7A Part of 24-37-15-00-750 I received the enclosed information from the Surveyor and he suggested that the highlighted paragraph be added. As you know I relied upon the previous legal descriptions that were provided to me, and have no problem preparing a corrective deed as suggested by the Surveyor. It appears as if it is in the best interest of the City of Cape Canaveral to have this correction made. Please advise as to your wishes. Very truly yours, Dwight W. Severs DWS:jh Enclosure cc: George H. Firkins, Jr./Cevesco, Inc./Shuford Mills Cevesco corresp 2-5550 SFR -21-99 WED 09:13 AM 411%tfptt INSVIA MIAIT PRerAPPO IN)CCNaAND WOW tar. 04C+ ttIVSiiNU rivaaaaw tI t+arat+aalr emm tw asaaao0*7Pl laaapaa/Awe+ler frart l adaeuntau°n Na. 1447.1e40.750 WARRANTY DEED FAX NO. Ii ! o tapaseO?4 01434115*14 pr on eooklFaoo: 3972 J 0317 • Sandy Crawford CI°rkOf ewes, Board Ceunay few 14 see:Ni3 ruin; 7.60 Roe MOO sea.: aeo o.o s.eop.d0 **trete o int Tsar; 0,00 THIS INDENTURE=, Made this 2S" day of February, 1909, by CEVESCO, INC., a Delaware Corporation, of the County of Catawba In the State of North Ceroilrte. hereinafter CAW the Grantor. and the City of Cape Canaveral, a Municlpal CorpOretlon organized and existing under the laws of the State of Florida, whose past office address is Post Moe Box 326, Cape Canaveral, FL 32790.0326, hereinafter called the Grantee. Mamawa dad t,o,ein IN lady °dram" ad Wad' I:nlu*e all or she teles bs IAb Intheriaa acrd Mrh beha, Mei rep,ar.da trace. *madam acid anty,a, "Omar' add 'some are ,nod !n °agape slot NEW. to M° swam »9oaef Ind Or un et soy pular *Il ballad all p,dan.) WITNESSETH, that the Grantor, for and in consideration Of the sun of fan Dollars and other good and valuable considerations, to said Grantor in hand paid by Grantee, the receipt Of whloh ie hereby ateknowls0ged, has granted, bargained and fold to said Grantee, slid Grantee's amissiors and assigns forever, the following desoribed bud situatk lying end being In idrevard County, State of Florida, 10 -wit: A portion Of Section 15, Township 24 South , Range 31 East; Brevard County, Florida, more particularly described as follows: Commence at a found pk nail and disk et the Southeast canner of said Section f$; thence North 89 degrees 27 ntinnutos 20 seconds West along iia South tine ofSaidSedtian15, 3581,00 feet to a point on the West the of the East 358000 feet of said Section 15; thenar North 00" 50' 54" West along said West ikae, 178&50 feet to .e set 44 Inch Iron rod with cap (Dellhorn lb (5445} on the North Ire of to plat of Angles tale as recorded in Plat Book 36 at pope 77 of the Public Records of Brevard County, Florida, the point of beginning: thence North e®° 24' 45' West along sold North lino and its Westerly extension, 20,03 feet to a point on the Mean water level of the Sarum* River, eievatioi 0.57 feet National Geodetic) Vertical Datum of 1929, in accordance with Florida Dominant of EnvironmoMel Protection mean high water survey lite thence the following seven (7) caumea and distances along said mean water Level: 1. N 17` 24' 25" E, 97.57 feet•, 2. N 08' 55' 33" E, 70.73 feet; 3. N 02' 14' 02"'E,144,09 feet; 4. N 03° 54' 24" E, 183,53 (eel; 5, N 04° 66' 14" E, 146.06 feet 6. N 05° 50' V' E.113.95 feel; 7. N 00°08' 51' E, 150.69 fest to 6 point on the Notti line of the South 2886.3u feet of said Soctkin 15; thence South 89' 27' 20" Eat, slang eatd North One, 7.83 feet to a set 5/8 Inch Iron rod with sap (Deithstrn ib 6444 thence ersndnue South 89° 27' 20' East, along said North rip% 230.00 feet to a set 518 Inch iron rod with cap (Deithorn Ib 6445) on the Wast One of the East 3323.00 roast Of said Section 15; thence South 00° 60' 54" East, along said West One, 899.87 foot to a sot 5/8 inch iron rod with cap (Mikhail lb 6445) on Cha North Itne Cf Said oast of A got'as tste, said point being North 89° 24' 45" East Nest, 204,31 feet from a found 4 inch by 4 each ooncroto monument at tho Northeast comer 01 Bald plat thence North 899 24' 45" West along said North rine, 257.08 feet to the point of beginniatg. Containing 5.0135 acres more or less East of said mean war liras. Togetrtcr with an easement °o- In.;re88 and egress described as folIows: 1 r, sae/n A?R-21-99 WED 09:14 AM fx ill -Gt r FAX NO, P, 03/05 Section 15, Township 24 South, Range 37 East, Brevard County, Florida end being more particularly described ea follows: Begin at the intersection of the East line of the plat of Angel's Leis as recorded in Plat Book 33 al page 77 of the Public Records or Brevard County. Florida, and tho North line of Control Boulevard, a 10040 foot right Of way. az described in Official Records Book 3057 at page 445 of the Public Records of Brevard County, Florida; thence North 00° SO' 54" Wast along the East One ofsaidplat, 100.03 feet to the Northeast corner of said pita; thence North 89° 24' 45° West, along the North line or snail plat, 704,31 feet to the West line of the East3323.00 feet of said Section 15; thence North 04° 50`54• Woes, along said West rine, 869.87 feet to the point of termination of said MOO foot stip of land. Said 60.00 foot strip of lend being bound on the South by the North lino of said Central Bouleverd and an the North by tho North One of the South 2615.38 feet of said Section 15. By acceptance of this Warranty Decd, Grantee herein hereby agrees that the use of the Property described herein shalt be stalest to the Covenants and restrictions as set forth In theGrantAwardAgreementattachedheretoasExhibit °A". These covenant and restrictions shell run with the Property herein described, i? any of the covenants and restrictions of the MartwardAgreementareviolatedbytheGranteeorbysomethirdpartywiththeknowledgeofthe Grantee, Ica simple tido to the Property described herein shelf be conveyed to the Board of Trustees of the Internal improvement Trust Fund of the State of Merida in 103011688111 with the Grant Award Agreement without further notice to Grantee, its succeseots and assign, and Grantee, its successors and assigns shall forfeit all right, title and Interest in wed b the Property described herein. Property Appraisal's Parcel Identification Number: 24-37-1S-00- 7;n This conveyance Is subject to easements, restrictions, limitations and conditions of record If any now exist, but any such interests that may have been terminated are not hereby re -Imposed. This property Is not the homestead property of the Grantor, not contiguous 10 homestead property, es eurh homestead is defined under Florida law, AND the said Grantor does hereby ruby warrant the title to sold land, and wilt defend the same against tho lawful claims 01 ail persons whomsoever. tN WITNESS WHEREOF. the Grantor has hereunto oetGrantot's hand and seal, the dsy and year first above written. Slgnod, sealed and delivored in the presence of: CEVESCO, INC. By: crA on:taa'ra 3972 f 0318 APR -21-99 WED 09 1 E, AM FAX NO. r. uu/ub EKBIBIT "A" A portion of Section 15, Township 24 South , Range 37 East; Brevard County, Florida, more particularly described as follows: Commence at a found pk nail and disk at the Southeast corner of said Section 15; thence North 99 degrees 27 minutes 20 seconds West,along the South tine of said Section 15, 3581.06 feet to a point on the West tine of the East 3580.00 feet of said Section 15; thence North 00° 50' 54" West along said West line, 1786.50 feet to a set g,tl inch iron rod with cap (Deithorn 1b 6445) on the North line of the plat of Angel's isle as recorded in Plat Book 36 at page 7,7 of the Public Records of Brevard County, Florida, the point of beginning; thence North 89° 24' 45" West along said North line and its Westerly extension, 29,03 feet to a point on the mean water level of the Banana River, elevation 0.57 feet National Geodetic Vertical {Datum of 1929, in accordance with Florida Department Of Environmental Protection moan high water survey file thence the following seven (7) courses and distances along said mean water levet: 4. N 03 KAN1. N 17° 24' 25" E, 97,57 feet; 2. N 08° 55' 33" E,70.7,3 feet; 3. N 02' `4 02 E, 144,69 fet; CFN:s9t19807454'24"E, 183.53 feet; 5. N 04' 56' 14" E. 146.06 feat; 6. N 05° 50' 27" E, 113.98 feet; 7. N 00" 08' 51" E 150.69 feet to a point on the North line of the South 2685.38 feat of said Section 15; thence South 89° 27' 20" East, along said North line, 7.83 feet to a set 5/8 inch iron rod with cap (Deithom lb 6446); thence continue South 89° 27' 20" East, along said North tine, 230.00 feet to a set 5/8 inch iron rod with cap (Deithorn lb 6445) on the West tine of the Est 3323.00 feet of said Suction 15; thence South 00° 50' 64" East, along said West line, 899.87 feet to a set 5/8 inch iron rod with cap (Deithorn lb 8445) on the North line of Bald plat of Angel's isle, said point being North 89° 24' 45" East West, 204.31 feet from a found 4 inch by 4 inch concrete monument at the Northeast corner of said plat; thence North 89° 24' 45" West along said North line, 257.08 feet to the point of beginning. Containing 5.0135 acres more or less East ofsaid mean water line. oR eoolaPO': 3972 / 0330 Together with en easement for ingress and egress described as follows: A strip of land being 50.00 feet iswidth lying to theeiOt at:.,, right angles to and parallel with the following described fine being a porton of Section 15, Township 24 South, Range 37 East, Brevard County, Florida and being more particularly described as follows: Begin at the intersection of the East line of the plat of Angel's Isla as recorded in Plat t3ook 36 al page 77 of the Public Records of Brevard County, Florida, and the North lino of Central Boulevard, a 100.00 foot tight of way. as described in Official Records Book 3057 at page 445 of the Public Records of Brevard County, Florid,; thence North 00" 50' 54" West, along the East line of said plat. 100.03 feet to the Northeast corner of said plat; thence North 89° 24' 45" West, Gong the North line of said plat, 204.31 feet to the West Dina of the East 3323.00 feet cf said Section 15; thence North 004 50' 54" West, along said West line, 599.87 fact to the point of termination of said 50.00 foot strip of land. Said 50.00 foot strip of and being bound on the South by the North line of said Central l?culevard and an the North by the North line of the South 2685.38 feet of said Section 15. CAA/96-062'?7A 11 q - n, I V., 1; 421I, 2#i, t wA7 A'Al 11061.4FIE g-1, ,gl,0,14m JM!, AR F' Y N.) rn c) A 4 L A q 14 to _4 0 K N j r . . . 4 2 L - - - - - - - - - - - - ANGEL'S ISLE CENTRAL BOULEVARD. SURVEYORS' NOTES too, RIGHT OF WAY6PLATBOOK36PAGE77OFFICIALRECORDSBOOK3061. PAGE 445 4, 10 A J1, 14 v,0 1. BEARINGS ARE BASED ON THE EAST LINE OF SECTION 15, TOWNSHIP 24 SOUTH, I NGE 37 CAST, BRFVARD COUNTY, FLORIDA AS N 00'50'54" W. WOOD POWER r 2. THE NORTHEAST CORNER OF SECTION 15, TOWNSHIP 24 SOUTH, RANCE J7 EAST, ffiEvARD COUNTY, FLORIDA IS BASED ON THE CAViVERAL PORT AUTHORITY REFERENCE. MON(JMENTS. X AE 3 AND AE 4 PER THE FEDER4 EMEf ENCY A14NA jMEN( L,- 3, PROPERTY LIES IN FLQOD ZONES AGENCY F4,900 INSURANCE PROGRAM FLOOD INSURANCE RATE MAP NU11P 12009co3fiE910 7 COMMUNITY NUMBER 125094, DATED JANUARY , 1996. S 8 9 2 7'20" 1:.* 497.87' CAM j4. LEC L DESCRIPTION AND.tfASEMENT)NrORMATION IS PER COMMONWEALTH LAND T1' f INSURANCE' COMPANY5/ir moN ROD 1 5/8" 10014 ROO POINT Of arrimitiaa Z' a COMMITTMENT NUMB&P 80,4-419351 EFFECTIVE DATE FEBRUARY -5, 1997 AT 8,00 M. AI KNV EIR40 Nt OR 02D66 ALLEN C140 L 266 ALN: Eltpl(OINLIROO56 I ALLEN 00 U1 266 4' X e' C1914CAVE MONOWEAt0.44, N 0.49' N 0.32, N 0.0, 100 RROXEN 5. ELEVATIONS Aj?E,-RASED ON THE, NATIONAL- GEPOETIQ VERTICAL PAT( 82-.52, 82.52' JM.QF 1929 (t V0 NITED STATES UONUM64TS M 20 AND, N 205,'Et VATI00 0 9.16,ACSPECTI 'EL Y, COAST & GEOPEtI6 $OPVEY 15.39 PRIJ P45 289;. M460.96' TITLE 461,19' MES. Lai r R APPROXIMATELY NCRur 140NUMENT 6. THE PROJECT, BENCHMARK IS A PK NAILi: AND DISK ON THE WEST SIDE QF 'TOWER BOULEVA D 61, W. THE SOUTHEAST CORNER OF ANGEL'S ISLEj ELEVAWAyEk-, fEET SOUTt(, 9 TION.", 6,70. 7,, 18.6o, LT MEAN LEVEL rn ELEVATION 0.57.,FE' 7, THE, MEAN, WATE i, iLC WAS ESTABLISHED A LEVATION 0,57, t`;VD jq q';;IN ACCORDANCEYEL. $HOWN HEREON 2_ ifT ., NGVD 1929 WITH THE P ED ON 021 6197 BEING 'THE 0TNSI N OF T14E I CAL I DA DAT`UM,'FRQM ul FDEP MHW,,Fttt 137it 7 N 00- 06'56 il 52.34' CAM 8. THE ABQVE- REFf 0 PLIES WITH QgAp Tk _Q7, PART 11, F.s., EN ED MEAN WATER LEVEL SURVEY 8. 1 C)4APr6R 61,017, F-A..C. AND IS RECORDED IN THE PUaVQ REPd$1T Ry OF T1 FL.QRI0A1'1vE AI1TM N _URE4y,OF SURVEY AND MAPPINO l MEAN HIqH 14 TER SURVEY AN6. o tC JENT OF ENVIR-OHME TAL, PRO N, p 663. TECTIO 909. N) N 4#2 4 2'4.p, V, 38,75' MEAS, T -AS LOCA"I cc INTEN 1z9. FO'R'C' MAIN EASEMENT M-2 AS HOWN REPRESENTS T14E APPARENT,'; '.'As AFS'01VED IN tyAl U kORIdA;,-H`0`WEVEROFFCIALRECODS' OOK 182- AT PAGE 143 OF THE PUB ON WITHIN THIS ARA,- STRUMENTDUE,.,.T CHANGES 114.,THE'SURVEY MdNUMENAfI N R 8 LIC RECORDS OF BR YA 3 3 f4SEMft4.TS AS - SINCE t1hEl I 67' Tm$ COWIN' R IOW00NOTAGREEWITHTHEDESCRIP, ED I1,16" 129.66' WAS. THE COMMITTMENT10, BOUNDARY VATA SHQVy0i'A'1,7 TITLE REFERS TO THE LEGAL DESCRIPTION ATTACHED REF N0fN,--,0,7' 17 0" I 11. 34' ME CED IN NOTE, 4" ABOVE. Ole IRO p, ODI LEI 480: 12" 2 1N 16" V, 76.88' MEAiS. 4.13, LT N:"04" 4 1149 W, 65.84 M vz N.: 030 26'05 8 1.25 MEAS. 37f19:' 77,66,MEAS. ONDESCRIPTI LT 88. 98' MEAS. N' f5 'JOWNSHIP 24 RANGE JZLEAfTju VA UI17'56 SOUTH E'C)TY,,Of,,,;CAP CANAVOML, rQRE. p pr'THE SOUTASFOLLOWS! TH t -GIN Ar NIERSECTION 14 LINr Qr,l I X '-.'BOOK 3'6 77 OF THEE -,BREVAR. COUNTYr, ORIDAj AND tR E V tj f OF zAREORQ13 '057j,PACr 44441,60j'00 AY, Aq,;bc$cRi6t "PUBLIC 149,254151' CALC,. N 15o,21'4 LOR1DA;'jHflqCE E. ACONG SAM, 5r IoNr, FEEff TQ,,,A. POINTI AY, V) A E.1OF4URY7 086. Od ffCT; %CASTERLY, ALONG SAIV,';WEST C4RADIUS. OF ANGLEW01,Ano THt-ARC. OF SAID ,A dEt OF 41942'4i, 7J6,7',FEET TO A P01W, THE 346`, PACE 13 OF' -TU -Of"BREVARD 4,6.FEET T C PUBLIC RECORDS tORI0A;i,TH&NCE N,81027-20" Wj -A40N JINT ON:'ThE. WEST LIN) TG $AIP, N( qTq LINE, 73,,. A' Pt AL01,10 AID'.Wf T LJN '46 1. F T 09 HE EAS 4 9j,09.,fEET;'O SAIQ ECTION N '00050'54" s EW, EET, TO 'A PO)N T ENCE S 89%27'20' F, ALONG SAID SOUTH L j6 FEE1 TO,1 4LIN A ?LA. .,of1 9 T ANGff.,!S ISLE. H -POINT OF BEGINN NG L T4. 7LA FOLLOWSCONCRETE5A1b'PARCEL'AS SURVEYED ALSO BEING MORE PARTICULARLYrk F, 'PACE 77 OF' THE PUBLIC RECORDS OF BRQtN 14 x7Y'4 INCH CONCRETE MON&MENT AT4AAREA10.2414 ACRES +/ FLORID THE LIT OF WAY, AS DESCRIBEDCRfyA' ALONG SAID:WEST CQRV4T_VRE,;':QF-A CURVE, TO EAST OF MEAN WATER LEVEL 9 Cp "He4CE S Q664,4'40"`;,Er11 N YA iQUI I ESTii 10t 4NO' ARC,' -Or SAIP CURVEOF' ONOTqttkrltHAYINGI T Of WA,Y TO A SET LU', 6,40), , T ECH,, R40.4242r; ET. 04i+21.49, 6.59, RT AS',DCSCPIBCb )N'OFIC -,,Q 3 A, DVAT "'PARCEL QK IF 5/ RO p JAL W0 4 OR INCH'' -IRON - WT0., -'A46N AID.', 14ORM, yi 0. Tn EANW. "ALONG SAID RWW 11N THf29, 1 SEV:'ON . TE 'T PDAL ZBANAN.4;'R Vri?,:Ek,'VA[ION.,0,67 FEE TIC VERTICAL DATUM ,'OF I,p N54rn T4. A HW:5 I?V RUA E SA WATER, LEVEL44226 .1997., ALONO" Y TCN, LET QMP oRovgip fV T r otpA 4 'Ro ccORIVA, _ ENVIOQUMC A T ONRADIUS1000.'QO' TER ICE THE, SURVCY WITNESS LINE DELTA 4 1,' Oro W 8 9'Q 17'00" E 11 FEE T 63.98' 1768 - 2. 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