Erroneous Transfer of Indian River Blvd Right-of-Way/Corrective Deeds City of
rDGaATERI
April 4, 2017
Glenn D. Storch, PA
420 S. Nova Road
Daytona Beach, FL 32114
Re: City of Edgewater - Resolution #2017-R-11
Erroneous Transfer of Indian River Blvd Right-of-Way/Corrective Deeds
Dear Glenn:
During the City Council meeting held on April 3, 2017, Council approved the above-referenced
Resolution and Escrow Agreement and Deeds relating to the above-referenced matter. An
original of the Escrow Agreement and Deeds fully executed by the City of Edgewater and a copy
of the Resolution are enclosed for your information/files.
Once documents are complete/finalized and recorded into public record, please forward a
completed document (with recording information) to my office. Do not hesitate to contact my
office at the number listed below if you have any questions.
Sincerely,
.i dbz 1?. ✓,�1'aku
Robin L. Matusick
City Clerk/Paralegal
rmatusickacityofedgewater.org
/rim
Enclosure
Copy to: Darren Lear(copy on laserfiche)
Brenda Dewees(copy on laserfiche)
Finance(copy on laserfiche)
Office of the City Clerk/Paralegal
P.O.Box 100•Edgewater,FL 32132-0100
(386)424-2400,Ext. 1101 •Fax(386)424-2410
www.citvoledgewater.org
(Letter/Ltr-2017-03 5)
4
RESOLUTION 2017-R-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, RELATING TO
CORRECTING THE CHAIN OF TITLE AS TO THE
INDIAN RIVER BOULEVARD RIGHT-OF-WAY
EXTENSION; AUTHORIZING THE MAYOR TO
EXECUTE THE ESCROW AGREEMENT AND QUIT
CLAIM DEED; REPEALING RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City is the owner of two parcels of real property, more particularly
described in the legal descriptions attached hereto as Attachment "A" (hereinafter the
"Property"), to be used for the extension and widening of Indian River Boulevard (State Road
442) to 6 lanes, West of the 1-95 Interchange, and the installation of utilities along said Indian
River Boulevard (SR 442) extension;
WHEREAS, Farmton Deering Park, formerly known as Swallowtail, LLC, was the
previous owner of the Property, which it transferred to the City in that certain Right-of-Way
Deed recorded at Book 7284,Page 3370 of the Public Records of Volusia County, Florida; and
WHEREAS, due to the aforementioned transfers erroneously omitting the Deering Park
CDD from the chain of title, the parties in the chain of title to the Property desire that the
Property be transferred from the City to Farmton Deering Park, from Farmton Deering Park to
the Deering Park CDD and from the Deering Park CDD back to the City, via three Deeds
attached hereto as Attachment"B", all of which shall be recorded simultaneously.
WHEREAS, the parties in the chain of title to the Property desire to enter into the
Escrow Agreement, attached as Attachment "C", whereby upon receipt of all the fully executed
deeds conveying the Property, the Escrow Agent shall promptly record the deeds,
simultaneously, in the Public Records of Volusia County. In the event the Escrow Agent does
not receive all of the Deeds from the Parties, by the Closing Date, unless the Parties agree to
extend the Closing Date, the Escrow Agent shall return the Deeds it has received to the Parties to
which they belong, and the Escrow Agreement shall terminate and the Parties shall have no
further obligation to one another.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Edgewater,Florida:
Section 1. The Mayor is authorized to sign the Escrow Agreement, attached as
Attachment "C", and the Quit Claim Deed, attached hereto within Attachment "B", in order to
correct the chain of title as to the Indian River Boulevard Right-of-Way.
1
2017-R-11
Section 2. If any section, subsection, sentence, clause, phrase, or portion of this
Resolution, or application hereof, is for any reason held invalid or unconstitutional by any Court,
such portion or application shall be deemed a separate, distinct, and independent provision, and
such holding shall not affect the validity of the remaining portions or applications hereof.
Section 3. All resolutions or parts of resolutions in conflict herewith be and the same
are hereby repealed.
Section 4. This Resolution shall take effect immediately upon adoption.
After Motion to approve by C.,ct�, ��,y � ���, e and
Second bye`s`_4 "1 ,! tri, , the vote on this resolution was as follows:
AYE NAY
Mayor Michael Ignasiak
Councilwoman Christine Power
Councilwoman Amy Vogt
Councilman Dan Blazi
Councilman Gary Conroy \.
PASSED AND DULY ADOPTED this3cJ day ofd, , 2017.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
p' /;;Iiv47e/
1ptcka By:/ /C/r t
Robin L. a Michael Ignaak
City Clerk/Paralegal Mayor
For the use and reliance only by the City of Approved by the City Council of the City
Edgewater, Florida. Approved as to form of Edgewater at a meeting held on this
and legality by: �, day of C
Aaron R. Wolfe, Esquire 2017 under Agenda Item No. C3i
City Attorney
Doran Sims Wolfe& Ciocchetti
2
2017-R-11
ATTACHMENT "A"
LEGAL DESCRIPTION
A PART OF SECTION 7,TOWNSHIP 18 SOUTH,RANGE 34 EAST, VOLUSIA COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS:
FROM THE NORTHEAST CORNER OF SAID SECTION 7, RUN N.89°44'56"W.,ALONG THE
NORTH LINE OF SAID SECTION 7, A DISTANCE OF 2982.46 FEET; THENCE N.89°45'01"W.,
ALONG THE NORTH LINE OF SAID SECTION 7,A DISTANCE OF 757.20 TO THE POINT OF
BEGINNING; TI-IENCE CONTINUE N.89°45'01"W., ALONG SAID NORTH LINE, A DISTANCE
OF 2225.20 FEET TO THE NORTHWEST CORNER OF SAID SECTION 7;THENCE S.01°28'45"E.,
ALONG THE WEST LINE OF SAID SECTION 7,A DISTANCE OF 200.02 FEET;THENCE
DEPARTING SAID WEST LINE, RUN N.85°06'06"E., A DISTANCE OF 2228.15 FEET TO THE
POINT OF BEGINNING.
CONTAINING 5.106 ACRES.
AND
A PART OF SECTION 7, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS:
FROM THE NORTHEAST CORNER OF SAID SECTION 7, RUN N.89°44'56"W., ALONG THE
NORTH LINE OF SAID SECTION 7, A DISTANCE OF 1016.78 FEET TO THE POINT OF
BEGINNING; THENCE DEPARTING SAID NORTH LINE, RUN S.00°16'07"E., ALONG THE
WEST LINE OF THE RIGHT OF WAY OF STATE ROAD NO. 442, A 200 FOOT RIGHT OF WAY,
A DISTANCE OF 49.91 FEET; THENCE DEPARTING SAID WEST LINE, RUN N.84°27'37"W., A
DISTANCE OF 541.52 FEET TO THE NORTH LINE OF SAID SECTION 7; THENCE
S.89°44'56"E., ALONG SAID NORTH LINE, A DISTANCE OF 538.76 FEET TO THE POINT OF
BEGINNING.
CONTAINING 0.309 ACRES.
I
ATTACHMENT"B"
Prepared by and return to:
Glenn D.Storch,Esq.
Glenn D.Storch,PA
420 South Nova Road
Daytona Beach,FL 32114-4514
386-238-8383
File Number:
[Space Above This line For Recording Data]
Quit Claim Deed
This Quit Claim Deed made this.'nl day of , 2017, between THE CITY OF EDGEWATER, a
Florida municipal corporation, whose address is 104 N. Riverside Dive,Edgewater,Florida 32132,grantor;and FARMTON
DEERING PARK, LLC, a Delaware limited liability company, whose address is 410 North Michigan Avenue, Room 590,
Chicago, Illinois 60611,grantee:
(Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of
individuals,and the successors and assigns of corporations,trusts and trustees)
Witnesseth,that said grantor,for and in consideration of the sum TEN AND NO/I00 DOLLARS($10.00)and other good
and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does
hereby remise, release, and quitclaim to the said grantee, and grantee's successors and assigns forever, all the right, title,
interest, claim and demand which grantor has in and to the following described land, situate, lying and being in Volusia
County, Florida to-wit:
Legal Description attached hereto as Exhibit"A".
To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise
appertaining, and all the estate,right, title, interest, lien,equity and claim whatsoever of grantors,either in law or equity, for
the use,benefit and profit of the said grantee forever.
In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed,sealed and delivered in our presence:
THE CITY OF EDGEWATER, a Florida municipal
corporation
Date. , � - /� By: �tNQty UWfY°
Michael Ignast ,Mayor
ATTEST:
Date: ` .J 3�'
Robin Matusick,City Clerk
Quit Claim Deed-Page I
EXHIBIT"A"
LEGAL DESCRIPTION
A PART OF SECTION 7,TOWNSHIP 18 SOUTH,RANGE 34 EAST,VOLUSIA COUNTY,FLORIDA, DESCRIBED
AS FOLLOWS:
FROM THE NORTHEAST CORNER OF SAID SECTION 7,RUN N.89°44'56"W.,ALONG THE NORTH LINE OF
SAID SECTION 7,A DISTANCE OF 2982.46 FEET;THENCE N.89°45'01"W.,ALONG THE NORTH LINE OF SAID
SECTION 7,A DISTANCE OF 757.20 TO THE POINT OF BEGINNING;THENCE CONTINUE N.89°45'01"W.,
ALONG SAID NORTH LINE,A DISTANCE OF 2225.20 FEET TO THE NORTHWEST CORNER OF SAID SECTION
7;THENCE S.0I°28'45"E.,ALONG THE WEST LINE OF SAID SECTION 7,A DISTANCE OF 200.02 FEET;THENCE
DEPARTING SAID WEST LINE,RUN N.85°06'06"E.,A DISTANCE OF 2228.15 FEET TO THE POINT OF
BEGINNING.
CONTAINING 5.106 ACRES.
AND
A PART OF SECTION 7, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA, DESCRIBED
AS FOLLOWS:
FROM THE NORTHEAST CORNER OF SAID SECTION 7, RUN N.89°44'56"W., ALONG THE NORTH LINE OF
SAID SECTION 7, A DISTANCE OF 1016.78 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID
NORTH LINE,RUN S.00°16'07"E.,ALONG THE WEST LINE OF THE RIGHT OF WAY OF STATE ROAD NO.442,A
200 FOOT RIGHT OF WAY, A DISTANCE OF 49.91 FEET; THENCE DEPARTING SAID WEST LINE, RUN
N.84°27'37"W.,A DISTANCE OF 541.52 FEET TO THE NORTH LINE OF SAID SECTION 7;THENCE S.89°44'56"E.,
ALONG SAID NORTH LINE,A DISTANCE OF 538.76 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.309 ACRES.
Quit Claim Deed-Page 2
4
This instrument prepared by
and when recorded, return to:
Glenn D. Storch, Esquire
Glenn D. Storch,P.A.
420 S.Nova Road
Daytona Beach, FL 32114
Consideration: $10.00
Documentary Stamp Taxes Due: $.70
Tax Parcel ID No.: Portion of 8407-00-00-0010
and a Portion of 8407-00-00-0020
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY.
RIGHT-OF-WAY DEED
THIS RIGHT-OF-WAY DEED is made this day of , 2017, by
FARMTON DEERING PARK, LLC, a Delaware limited liability company, whose address is 410
North Michigan Avenue, Room 590, Chicago, Illinois 60611 (the "Grantor") in favor of the
DEERING PARK CENTER COMMUNITY DEVELOPMENT DISTRICT, a community
development district authorized under Chapter 190, Florida Statutes, whose address is 2300 Glades
Road, Suite 410W, Boca Raton,Florida 33431 (the"Grantee").
(Wherever used herein, the terms "Grantor" and "Grantee" include all the parties to this
instrument as so designated and the heirs, legal representatives and assigns of individuals,
and the successors and assigns of corporations of the parties.)
WITNES SETH:
THAT,for and in consideration of the sum of Ten Dollars ($10.00),and other good and valuable
considerations, the receipt and sufficiency of which is acknowledged by Grantor, Grantor does hereby
remise, release and quit claim unto Grantee all of the right, title, interest, claim and demand which the
Grantor has in and to that certain real property (hereinafter referred to as the "Real Property") in
Volusia County, Florida, more particularly described as follows:
SEE EXHIBIT"A" ATTACHED HERETO
TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise appertaining and all the estate, right, title, interest, lien, equity and
claim whatsoever of the said Grantor,either in law or equity, to the only proper use, benefit and behoove
of the said Grantee forever.
This conveyance is subject to all matters on the public record including, but not Iimited to, all
easements, encumbrances, liens,judgments, mortgages, restrictions,reservations, taxes and assessments,
matters of survey, parties in possession and limitations of record and to any road right-of-ways
applicable to said described Real Property above; however, reference herein shall not re-impose same.
Grantor does hereby remise, release and quitclaim this Real Property to Grantee for the
following purposes: (i) extending Indian River Boulevard (SR 442) and (ii) widening Indian River
Boulevard (SR 442)up to 6 lanes, west of the I-95 interchange, and (iii) installing utility lines along said
Indian River Boulevard (SR 442) extension. By acceptance of this deed, Grantee agrees that Grantee
shall allow this Real Property to be used for these purposes.
Grantee, by acceptance of this deed,acknowledges that Grantor has not made,does not make and
specifically negates and disclaims any representations, warranties, promises, covenants, agreements or
guaranties of any kind or character whatsoever,whether express or implied,oral or written, past,present
or future regarding the Real Property. Grantee further acknowledges that to the maximum extent
permitted by law, the transfer of the Real Property is made on an "as is" condition and basis with all
faults.
IN WITNESS WHEREOF, Grantor has caused these presents to be duly authorized in its name
and by those thereunto duly authorized, the day and year first above written.
GRANTOR:
FARMTON DEERING PARK,LLC,
a Delaware limited liability company
John Rau, Manager
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,2017,by John
Rau, as Manager of FARMTON DEERING PARK, LLC, a Delaware limited liability company, on
behalf of said company. He ❑ is personally known to me or has produced
as identification.
Notary Public
Print Name:
My Commission Expires:
(NOTARIAL SEAL)
•
EXHIBIT"A"
LEGAL DESCRIPTION
A PART OF SECTION 7,TOWNSHIP 18 SOUTH,RANGE 34 EAST, VOLUSIA COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS:
FROM THE NORTIIEAST CORNER OF SAID SECTION 7, RUN N.89°44'56"W., ALONG THE
NORTH LINE OF SAID SECTION 7,A DISTANCE OF 2982.46 FEET; THENCE N.89°45'01"W.,
ALONG THE NORTH LINE OF SAID SECTION 7, A DISTANCE OF 757.20 TO THE POINT OF
BEGINNING;THENCE CONTINUE N.89°45'01"W., ALONG SAID NORTH LINE, A DISTANCE
OF 2225.20 FEET TO THE NORTHWEST CORNER OF SAID SECTION 7; THENCE S.01°28'45"E.,
ALONG THE WEST LINE OF SAID SECTION 7, A DISTANCE OF 200.02 FEET;THENCE
DEPARTING SAID'WEST LINE, RUN N.85°06'06"E., A DISTANCE OF 2228.15 FEET TO THE
POINT OF BEGINNING.
CONTAINING 5.106 ACRES.
AND
A PART OF SECTION 7, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS:
FROM THE NORTHEAST CORNER OF SAID SECTION 7, RUN N.89°44'56"W., ALONG THE
NORTH LINE OF SAID SECTION 7, A DISTANCE OF 1016.78 FEET TO THE POINT OF
BEGINNING; THENCE DEPARTING SAID NORTH LINE, RUN S.00°16'07"E., ALONG THE
WEST LINE OF THE RIGHT OF WAY OF STATE ROAD NO. 442, A 200 FOOT RIGHT OF WAY,
A DISTANCE OF 49.91 FEET; THENCE DEPARTING SAID WEST LINE, RUN N.84°27'37"W., A
DISTANCE OF 541.52 FEET TO THE NORTH LINE OF SAID SECTION 7; THENCE
S.89°44'56"E., ALONG SAID NORTH LINE, A DISTANCE OF 538.76 FEET TO THE POINT OF
BEGINNING.
CONTAINING 0.309 ACRES.
This instrument prepared by
and when recorded,return to:
Glenn D. Storch, Esquire
Glenn D. Storch, P.A.
420 S.Nova Road
Daytona Beach,FL 32114
Consideration: $10.00
Documentary Stamp"faxes Due: $.70
Tax Parcel ID No.: Portion of 8407-00-00-0010
and a Portion of 8407-00-00-0020
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY.
RIGHT-OF-WAY DEED
THIS RIGHT-OF-WAY DEED is made this day of , 2017, by
DEERING PARK CENTER COMMUNITY DEVELOPMENT DISTRICT, a community
development district authorized under Chapter 190, Florida Statutes, whose address is 2300 Glades
Road, Suite 410W, Boca Raton, Florida 33431 (the "Grantor") in favor of THE CITY OF
EDGEWATER, a Florida municipal corporation, whose address is 104 N. Riverside Drive, Edgewater,
Florida 32132 (the"Grantee").
(Wherever used herein, the terms "Grantor" and "Grantee" include all the parties to this
instrument as so designated and the heirs, legal representatives and assigns of individuals,
and the successors and assigns of corporations of the parties.)
WITNESSETH:
THAT, for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable
considerations, the receipt and sufficiency of which is acknowledged by Grantor, Grantor does hereby
remise, release and quit claim unto Grantee all of the right, title, interest, claim and demand which the
Grantor has in and to that certain real property (hereinafter referred to as the "Real Property") in
Volusia County, Florida, more particularly described as follows:
SEE EXHIBIT"A"ATTACHED HERETO
TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise appertaining and all the estate, right, title, interest, lien, equity and
claim whatsoever of the said Grantor,either in law or equity,to the only proper use, benefit and behoove
of the said Grantee forever.
•
This conveyance is subject to all matters on the public record including, but not limited to, all
easements,encumbrances, liens,judgments, mortgages,restrictions, reservations,taxes and assessments,
matters of survey, parties in possession and limitations of record and to any road right-of-ways
applicable to said described Real Property above; however, reference herein shall not re-impose same.
Grantor does hereby remise, release and quitclaim this Real Property to Grantee for the
following purposes: (i) extending Indian River Boulevard (SR 442) and (ii) widening Indian River
Boulevard (SR 442) up to 6 lanes, west of the 1-95 interchange, and (iii) installing utility lines along said
Indian River Boulevard (SR 442) extension. By acceptance of this deed, Grantee agrees that Grantee
shall allow this Real Property to be used for these purposes.
Grantee, by acceptance of this deed,acknowledges that Grantor has not made, does not make and
specifically negates and disclaims any representations, warranties, promises, covenants, agreements or
guaranties of any kind or character whatsoever, whether express or implied, oral or written,past, present
or future regarding the Real Property. Grantee further acknowledges that to the maximum extent
permitted by law, the transfer of the Real Property is made on an "as is" condition and basis with all
faults.
IN WITNESS WHEREOF, Grantor has caused these presents to be duly authorized in its name
and by those thereunto duly authorized, the day and year first above written.
[Signatures on following page.]
GRANTOR:
DEERING PARK CENTER COMMUNITY
DEVELOPMENT DISTRICT,a community
development district authorized under Chapter 190,
Florida Statutes
By:
Print Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2017, by
, as of DEERING
PARK CENTER COMMUNITY DEVELOPMENT DISTRICT, a community development district
authorized under Chapter 190, Florida Statutes. He O is personally known to me or has produced
as identification.
Notary Public
Print Name:
My Commission Expires:
(NOTARIAL SEAL)
EXHIBIT "A"
LEGAL DESCRIPTION
A PART OF SECTION 7,TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS:
FROM THE NORTHEAST CORNER OF SAID SECTION 7, RUN N.89°44'56"W.,ALONG THE
NORTH LINE OF SAID SECTION 7,A DISTANCE OF 2982.46 FEET;THENCE N.89°45'01"W.,
ALONG THE NORTH LINE OF SAID SECTION 7, A DISTANCE OF 757.20 TO THE POINT OF
BEGINNING;THENCE CONTINUE N.89°45'01"W., ALONG SAID NORTH LINE, A DISTANCE
OF 2225.20 FEET TO THE NORTHWEST CORNER OF SAID SECTION 7; THENCE S.01°28'45"E.,
ALONG THE WEST LINE OF SAID SECTION 7, A DISTANCE OF 200.02 FEET;THENCE
DEPARTING SAID WEST LINE, RUN N.85°06'06"E., A DISTANCE OF 2228.15 FEET TO THE
POINT OF BEGINNING.
CONTAINING 5.106 ACRES.
AND
A PART OF SECTION 7, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS:
FROM THE NORTHEAST CORNER OF SAID SECTION 7, RUN N.89°44'56"W., ALONG THE
NORTH LINE OF SAID SECTION 7, A DISTANCE OF 1016.78 FEET TO THE POINT OF
BEGINNING; THENCE DEPARTING SAID NORTH LINE, RUN S.00°16'07"E., ALONG THE
WEST LINE OF THE RIGHT OF WAY OF STATE ROAD NO. 442, A 200 FOOT RIGHT OF WAY,
A DISTANCE OF 49.91 FEET; THENCE DEPARTING SAID WEST LINE, RUN N.84°27'37"W., A
DISTANCE OF 541.52 FEET TO THE NORTH LINE OF SAID SECTION 7; THENCE
S.89°44'56"E., ALONG SAID NORTH LINE, A DISTANCE OF 538.76 FEET TO THE POINT OF
BEGINNING.
CONTAINING 0.309 ACRES.
ATTACHMENT"C"
ESCROW AGREEMENT
THIS ESCROW AGREEMENT ("Agreement") is made and entered into thisci day of
, 2017, by THE CITY OF EDGEWATER, a Florida municipal corporation, whose address is 104
N. Rive side Drive, Edgewater, Florida 32132 (the "City"); FARMTON DEERING PARK, LLC, a Delaware
limited liability company, whose address is 410 North Michigan Avenue, Room 590, Chicago, Illinois 60611
("Farmton Deering Park"); and DEERING PARK CENTER COMMUNITY DEVELOPMENT DISTRICT,
a community development district authorized under Chapter 190, Florida Statutes, whose address is 2300 Glades
Road, Suite 410W,Boca Raton, Florida 33431 ("Deering Park CDD"), (collectively, the"Parties");and Glenn D.
Storch,P.A.,whose address is 420 S.Nova Road,Daytona Beach, FL 32214("Escrow Agent").
WHEREAS,the City is the owner of two parcels of realproperty, more particularly described in the legal
descriptions attached hereto as Exhibit"A"(hereinafter the"Property"),to be used for the extension and widening
of Indian River Boulevard (State Road 442) to 6 lanes, West of the 1-95 Interchange, and the installation of
utilities along said Indian River Boulevard(SR 442)extension;
WHEREAS, Farmton Deering Park, formerly known as Swallowtail, LLC, was the previous owner of
the Property,which it transferred to the City in that certain Right-of-Way Deed recorded at Book 7284, Page 3370
of the Public Records of Volusia County, Florida;and
WHEREAS, due to the aforementioned transfers erroneously omitting the Deering Park CDD from the
chain of title, the Parties desire that the Property be transferred from the City to Farmton Deering Park, from
Farmton Deering Park to the Deering Park CDD and from the Deering Park CDD back to the City, via three
Deeds attached hereto as Exhibit"B",all of which shall be recorded simultaneously.
NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and
valuable consideration,to which the Parties acknowledge receipt thereof,the Parties agree as follows:
1. RECITALS. The above recitals are true and correct and are incorporated herein by reference.
2. DEEDS. Within 30 days after the Effective Date of this Agreement (the "Closing Date"), each
Party agrees to execute, as required, the three (3) deeds attached hereto as Exhibit "B" and to deliver same to
Glenn D. Storch, P.A. (the "Escrow Agent"), which will hold the Deeds in escrow in accordance with this
Agreement.
3. CONDITION PRECEDENT. It shall be a condition precedent to the effectiveness of each Deed that
the Parties shall have executed and delivered all of the Deeds to the Escrow Agent.
4. INSTRUCTIONS. Upon receipt of all of the fully executed Deeds conveying the Property, Escrow
Agent shall promptly record the Deeds, simultaneously, in the Public Records of Volusia County, Florida. In the
event the Escrow Agent does not receive all of the Deeds from the Parties, by the Closing Date, unless the Parties
agree to extend the Closing Date, Escrow Agent shall return the Deeds it has received to the Parties to which they
belong,and this Agreement shall terminate and the Parties shall have no further obligation to one another.
S. DUTIES OF ESCROW AGENT/EXCULPATION. The Parties agree that in performing any of its duties
under this Agreement, Escrow Agent shall not be liable for any loss,costs or damage which it may incur as a result of
serving as Escrow Agent hereunder, except for any loss, costs or damage arising out of its willful default or
negligence. Accordingly, Escrow Agent shall not incur any liability with respect to(a)any action taken or admitted
to be taken in good faith upon advice of its counsel given with respect to any questions relating to its duties and
responsibilities, or (b) to any action taken or admitted to be taken in reliance upon any document, including any
Page 1
written notice of instruction provided for in this Agreement, not only as to its due execution and validity and
effectiveness of its provisions, but also to the truth and accuracy of any information contained therein, which Escrow
Agent shall in good faith believe to be genuine,to have been signed or presented by a proper person or persons and to
conform with the provisions of this Agreement.
6. INDEMNIFICATION. The Property Owners hereby agree to indemnify and hold harmless Escrow
Agent against any and all losses, claims,damages, liabilities and expenses, including, without limitation, reasonable
attorneys' fees and disbursements, which may be imposed upon or incurred by Escrow Agent in connection with its
serving as Escrow Agent hereunder, unless such losses, claims, damages, liabilities and expenses are the result of
Escrow Agent's willful default or negligence in performing its obligations hereunder.
7. DISPUTFS. In an event of dispute between any of the Parties hereto, sufficient in the discretion of
Escrow Agent to justify its doing so,Escrow Agent shall be entitled to tender unto the registry or custody of any court
of competent jurisdiction the Deeds held by it under the terms of this Agreement,together with such legal pleadings
as it deems appropriate and thereupon be discharged.
8. WAIVER OF CONFLICT OF INTEREST. The Parties acknowledge that the Escrow Agent is the
attorney for Farmton Deering Park, LLC, and the Parties waive any conflict of interest arising from such
representation. Further, the Parties hereby agree that the Escrow Agent shall not be disqualified from representing
Farmton Deering Park, LLC in any dispute concerning or arising out of this Agreement or the conveyances
contemplated by this Agreement.
9. GOVERNING LAW AND VENUE. This Agreement shall be construed in accordance with the laws
of the State of Florida. Should any dispute arise from this Agreement, venue shall lie in Volusia County, Florida.
10. SUCCESSORS. This Agreement shall be binding upon and shall inure to the benefit of the Parties
hereto,their heirs,successors,and assigns.
11. EFFECTIVE DATE, This Agreement shall be effective on the date (the "Effective Date"), on
which the last of the parties hereto executes this Agreement.
12. MULTIPLE COUNTERPARTS AND FACSIMIILE EXECUTION. This Agreement may be signed in a
number of identical counterparts which, taken together,shall constitute one(1)agreement, but in making proof of
this Agreement, it shall not be necessary to produce or account for more than one such counterpart executed by
the party to be charged. A facsimile or an e-mailed copy of this Agreement and any signatures thereon shall be
considered for all purposes as originals. Notwithstanding the foregoing,all Deeds must have original signatures.
13. NOTICES. All notices, demands and requests which may be given or which are required to be
given by any party to this Agreement, shall be in writing, shall be addressed to the addresses on the first page of
this Agreement, and shall be deemed effective on (i) noon of the next business date after being deposited with a
nationally recognized overnight delivery service,or(ii) immediately, if hand delivered to the intended recipient.
IN WITNESS WHEREOF,the Parties have hereunto set their authorized hands and seals this'• o►day
ofAza. c, ,2017.
[SIGNATURES ON NEXT PAGE]
Page 2
THE CITY OF EDGEWATER, a Florida municipal
corporation
itic(4°P
j
Date: 3 �I3 By: � t /
Michael Ig .siak, Mayor
ATTEST:
Date: t3 f&:;,/4By:
Robin Matusick,City Clerk
FARMTON DEERING PARK',LLC,a Delaware
limited liability company
Date: By:
John Rau,Manager
DEERING PARK CENTER COMMUNITY
DEVELOPMENT DISTRICT, a community
development district authorized under Chapter 190,
Florida Statutes
By:
Print Name:
Its: r
ACCEPTED:
GLENN D.STORCH,P.A.
By:
Glenn D. Storch,Shareholder
Date:
Page 3
GLENN D. STORCH,P.A.
ATTORNEYS AT LAW
GLENN D.STORCH,ESQUIRE COREY D.BROWN,ESQUIRE
glenn@storchlawfirm.com corey@storchlawfirm.com
A.JOSEPH POSEY,ESQUIRE
joey@storchlawfirm.com
February 17, 2017
Via U.S. Mail and Email: ttbarlonicityofedgewater.org
Mr. Tracey Barlow
City Manager
City of Edgewater
104 North Riverside Drive
Edgewater, FL 32132
Re: Erroneous Transfer of Indian River Blvd. Right-of-Way/Corrective Deeds
Dear Tracey:
Per our discussion regarding Farmton Deering Park, LLC's erroneous transfer of parcels
for the Indian River Boulevard right-of-way extension, I have enclosed three (3) deeds and an
escrow agreement to correct the transfer(enclosed). The escrow agreement requires me to record
the 3 deeds simultaneously. Please let me know what you think of the proposed solution, deeds,
and escrow agreement and whether you have any questions.
indest regards,
1114111
Glenn D. S .rch
GDS/cdb
Enclosures
420 South Nova Road•Daytona Beach,Florida 32114
(386)238-8383•(386)238-0988(fax)
Website:www.storchlawfirm.com