HomeMy WebLinkAbout2004-072 - c
Indian River CountyQ _ (� � r
Future Land Use Map Amendment/Rezoning
Authorization Form
TO : Planning Division
Indian River County
1840 25th Street
Vero Beach, FL 32960
FROM: Indian River County
(Property Owner) 1840 25fl' Street
Vero Beach, FL 32960
Property Tax LD . # : 32392800001001000001 . 0
Property Address : 45h Street. Vero Beach, FL 32967 at 43 d Ave.
The undersigned is hereby authorized to act as agent and/or make application to Indian River County for
the above referenced property for the following applications (please mark the appropriate box) :
X Future Land Use Amendment
X Rezoning
Indian River County
. ��
Owners Name (Print) Date
vLG
Will Collins County Attorney
Owner ' s Signature
F : \Community Development\Users\LONGRANGE\FORMS\fluauthorizationform .doc
" EXCERPT FROM APPROVED/ UNAPPROVED MINUTES OF
BCC MEETING OF ado_l ���--
BY Gz ✓��
Deputy Clerk
DATE :
7L NEW O NTY A nM7N STRA mN BuiLpING . A uTHo&M TION TO
SIGN C.'OMPREHEA' IV . P .AN A &E NDM NT AND R 70NIN .
APPLICATIONS - MO NT71ON BAPTIST CHURCH PROPERTY
ACQUISITION
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Neuberger, the Board
unanimously approved authorization for a County
Attorney to sign the necessary applications on behalf
of Indian River County as owner . This authorization
would not commit the county to approve or transmit
any land use amendment. That decision would be
made after a required public hearing, as recommended
in the memorandum dated March 18 , 2004 .
APRIL 6 , 2004 9
APPLICATION FORM
LAND USE DESIGNATION AMENDMENT (LUDA)
INDIAN RIVER COUNTY
Planning Division accepts Land Use Designation Amendment applications only during the months
of January and July of each year. Each application must be complete when submitted and must
include all required attachments. An incomplete application will not be processed and wlll be
returned to the applicant .
Assigned Project Number: LUDA -
Current Owner (Print) Agent: (Print)
Name : Indian River County Name :
Address : 1840 25th St. Address:
City: Vero Beach State : Florida City: State :
Zip : 32960 Phone:, ( 772) 5674000 Zip : Phone : ( )
Contact Person: Wilt Collins, County Attv Contact Person:
7
Signature of Owner or Agent: I IWLG Will Collins. County Attorney
Property Information
Site Address : 45th Street, Vero Beach, FL 32967 at 43rd Ave.
Site Tax Parcel I.D. #s :
32392800001001000001 .0
Subdivision Name, Unit Number, Block and Lot Number (if applicable) Indian River Farms Co., a
portion of Tract 1 of Section 28, Township 32 , Range 39E
Existing Land Use Designation: PUB Existing Zoning District : IG
Requested Land Use Designation: C/I Requested Zoning District : CH
Total (gross) Acreage of Parcel: 9.29 Acreage (net) to be Amended: 2.5
Existing Use on Site : Vacant
Proposed Use on Site: CONSTRUCT SMALL CHURCH AND PARSONAGE (as an accessory use)
APPLICANT(S) MUST ATTEND A PRE=APPLICATION CONFERENCE WITH LONG-RANGE
PLANNING SECTION STAFF PRIOR TO APPLYING.
LAND USE DESIGNATION AMENDMENT APPLICATION CHECKLIST
Please attach the following items to this application. Do not ignore any of the items. Indicate "N/A" if
an item is not applicable.
1 . Fee : N/A
Property Size LURA Only LUDA and Rezoning
- Less than 5 Acres $3 ,000 . 00 $35800 . 00
- 5 to 40 Acres $39800 . 00 $4, 100. 00
- 41 to 100 Acres $49000.00 $4,400 . 00
- More than 100 Acres $49000 . 00* $49500 . 00 * *
* $200 . 00 for each additional 25 acres over 100 acres
* * $ 150 . 00 for each additional 25 acres over 100 acres
YES NO
2 . Completed LUDA Application Form(front page) X
3 . Completed Rezoning Application Form (if applicable) X
4 . Letter of Authorization from Current Owner(s) X
OR Current Owner is Applicant X
5 . Verified statement (separate letter) naming every N/A
individual or entity having legal or equitable ownership in
the property.
6 . One ( 1 ) Copy of the current Owner' s Deed X
7. A Current Owner' s Title Policy X
OR A Certificate of Title from a Title Company N/A
OR An attorney' s written opinion evidencing fee N/A
ownership of the property.
8 . One ( 1 ) SEALED boundary survey of the area to be X
rezoned. The boundary survey shall include, but not be
limited to the following :
Ira legal description of the land to be rezoned;
ZIthe size of the land to be rezoned; 2.5 ac.
21the public road right-of-way width of adjacent roads; and; 45th St - 96.5 ' and 60' ; 43' d Ave - 80'
ff'a north arrow; Yes
9. Copy of Approved Concurrency Certificate N/A
OR Copy of filed application for Concurrency N/A
Certificate, including traffic study, if applicable
10 . Written Statement discussing the following : x
Z'The proposed amendment ' s consistency with the goals, objectives and policies of the comprehensive plan;
Rr The proposed amendment ' s impact on public facilities and services;
B' The proposed amendment' s environmental impacts; and
eThe proposed amendment' s compatibility with surrounding areas.
NOTE : ITEMS 24 MUST INDICATE THE SAME OWNERSHIP OF THE SUBJECT
PROPERTY.
F: TommmutyDevelopment\UsersVICKOFORMSTPAAMEN NWWORM.doe
APPLICATION FORM
REZONING REQUEST (RZON)
INDIAN RIVER COUNTY
Each application must be complete when submitted and must include all required attachments. An
incomplete application will not be processed and will be returned to the applicant.
Assigned Project Number: RZON -
Current Owner (Print) Agent: (Print)
Name : Indian River County Name :
Address : 1840 251h St. Address :
City: Vero Beach State : Florida City: State :
Zip : 32960 Phone : _( 772) 567-8000 Zip : Phone : ( )
Contact Person: Will Collins, County Atty Contact Person:
I
Signature of Owner or Agent: � � -"/ Will Collins, County Attorney
Property Information
Site Address : 45th Street, Vero Beach, FL 32967 at 43rd Ave.
Site Tax Parcel I .D . #s:
32392800001001000001 .0
Subdivision Name, Unit Number, Block and Lot Number (if applicable) Indian River Farms Co., a
portion of Tract 1 of Section 28, Township 32, Range 9E
Existing Zoning District : IG Existing Land Use Designation: PUB
Requested Zoning District : CH
Total (gross) Acreage of Parcel: 9.29 Acreage (net) to be Amended: 2_5
Existing Use on Site : C/I
Proposed Use on Site : CONSTRUCT SMALL CHURCH AND PARSONAGE (as an accessory use)
REZONING APPLICATION CHECKLIST
Please attach the following items to this application. Do not ignore any of the items. Indicate "N/A" if an
item is not applicable.
1 . Fee : N/A
Property Size
- Less than 5 Acres $ 1 , 550 . 00
- 5 to 40 Acres $29000. 00
- 41 to 100 Acres $2,300. 00
- More than 100 Acres $29500 . 00 *
* $ 125 . 00 for each additional 25 acres over 100 acres
YES NO
2. Completed Rezoning Application Form (front page) g
3 . Letter of Authorization from Current Owner(s) g
OR Current Owner is Applicant g
4. Verified statement (separate letter) naming every individual or N/A
entity having legal or equitable ownership in the property.
5 . One ( 1 ) Copy of the current Owner' s Deed g
6. A Current Owner' s Title Policy x
OR A Certificate of Title from a Title Company
OR An attorney' s written opinion evidencing fee N/A
ownership of the property.
7. One ( 1 ) SEALED boundary survey of the area to be rezoned. The X
boundary survey shall include, but not be limited to the following :
2 a legal description of the land to be rezoned;
O'�the size of the land to be rezoned, 2.5 ac.
Lithe public road right-of--way width of adjacent roads; and 45`h St - 96.5 ' and 60' ; 43 "d Ave - 80'
Cha north arrow Yes
8 . Copy of Approved Concurrency Certificate N/A
OR Copy of filed application for Concurrency N/A
Certificate, including traffic study, if applicable
NOTE : ITEMS 2-6 MUST INDICATE THE SAME OWNERSHIP OF THE SUBJECT
PROPERTY.
FACommunity Development\UsersIVICKIE\FORMS\rezoningrequestform.doc
OFFICE OF THE
ADMINISTRATIONBUILDING PROJECT MANAGER
��ORtl�l`
April 12, 2004
To: Mr. Sasan Rohani
Director of Long Range Planning
Indian River County, Florida
Re : Land Use Designation for the 2.5 acre Parcel of Land Located Southwest of the Intersection
of 45'h Street. Vero Beach, FL 32967 and 43 'd Ave ; Parcel #323928000010010000010
In response to item 10 . of the Land Use Designation Application we offer these statements .
❑ The proposed amendment' s consistency with the goals, objectives and policies of the comprehensive
plan;
The requested Land Use classification of C/I is consistent with the goals, objectives and
policies of the Comprehensive Plan. It is closely related to the Land Use of contiguous
county-owned land, which currently has a Land Use Designation of PUB and IG zoning. It
also Res within the Urban Service Area. Also, east of the subject property and across 43rd
Avenue, properties are zoned RS4, Single Family Residential District (up to 6 units/acre)
Cypress Green Apartments are directly east of the subject property and are on land that is
zoned RM40, Multi4amily Residential District. Just south of Cypress Green on the same
side of 43rd Ave is Dodgertown Elementary.
Given the nature of the proposed project; construction of a small church and parsonage,
the actual use will serve as a minimal growth area with extremely low impact.
❑ The proposed amendment ' s impact on public facilities and services ;
Water lines are available from the North County Reverse Osmosis Plant, while wastewater
lines are available from the Central Regional Wastewater Treatment Plant for the subject
property.
New impact on facilities and services will also be minimal considering the adjacency of the
apartment project RM-10 and which is directly across 43rd Avenue from the site.
Dodgertown Elementary School Res across the same street and south of the actual site. This
site also lies just north of the proposed County Utilities Operations Complex and the
Proposed County Administrative Operations Complex which are to be located on the same
parcel. All of these uses will cause much more impact than the proposed use.
❑ The proposed amendment' s environmental impacts; and
None of the subject property is designated as environmentally important or
environmentally sensitive by the comprehensive plan. According to Flood Insurance Rating
1840 250 Stree4 Vero Beach, FL 32960`3365
Voices (772) 567-8000 Ea% #1531 Fav (772) 9784781
Suncom 224-1531 a-mails sb&ng(j)arc�ov. com
Maps, the subject property is not within a flood hazard area. We anticipate no adverse
impact on the environment.
❑ The proposed amendment' s compatibility with surrounding areas .
Properties north of the subject property #1 across 45th Street are zoned IL, Light
Industrial District, and R&6, Single Family Residential District (up to 6 units/acre).
Florida Truss Manufacturing and Crystal Sands Subdivision are on those properties. The
Sunset Apartment property is located at the northeast corner of 45th Street and 43 `d
Avenue and is zoned RM40, Multiple-Family Residential District (up to 10 units/acre).
East of the subject property and across 43 `d Avenue, properties are zoned R&6, Single
Family Residential District (up to 6 units/acre). A majority of the properties consist of
abandoned groves. Cypress Green Apartments are located directly east of the subject
property and are on land that is zoned RM- 10, Multi-Family Residential District.
Immediately south of Cypress Green Apartments is Dodgertown Elementary School
To the west of the subject property, land is zoned IG, General Industrial District, and is the
location of two auto salvage yards.
To the south of the subject property lies county»owned land currently zoned IG, General
Industrial and with a Land Use Designation of PUB, Public. This land is currently
undeveloped but the county has plans to build an Administration Operations complex
approximately to the south of the subject property and a Utility Operations Complex at the
northwest corner of 41St Street and 43`d Avenue, both of which are consistent with existing
Zoning and Land Use Designations
As mentioned above, existing and proposed uses in the immediate area are quite
compatible especially in light of the fact that the main use will be at times when most of the
other surrounding uses are inactive. The proposed use is very low impact and provides for
a positive transition from IG to more residential uses located to the east.
Sincerely,
fl L��
Steve Blum, Architect
Project Manager
g
LEGAL DESCRIPTION GRAPHIC SCALE
100 0 50 100 200
The North 345 . 6 feet of the East 11 . 18 acres of
Tract 1 , Section 28 , Township 32 South , Range 39
East , according to the last general plat of the lands 1 it r, FEET
ft.
of the Indian River Farms Company recorded in Plat - - I
CRYSTAL SANDS CRYSTAL SANDS
Book 2 , Page 25 of the Public Records of St . Lucie SUBDMSION SUBDIVISION
County , Florida ; LESS AND EXCEPT all right - of - way � ' P . B. z , PAGE 25 600 P . B . 28 PAGE 25 25 '
35 '
for roads , canals and ditches . s W BLOCK 1 Plat BLOCK 2 O . R . B . '
Containing 108 , 899 square feet . „ m ' 22'8° Line 121 .00' R/W Line g
e c 730 LOT 21 . 1
PG . 32-39-22-00000-5000-00021 .0
Now lying in Indian River County , Florida a 1487 1arloRoml9xnouaRCLm. g
NOTES R Line p R/W Line
`O a
1 . This sketch and description is not valid without the - M 45TH STREET (NORTH GIFFORD ROAD 2 1N 22 Mo: ioio aN LL
Section Line, Section 21 T . 32S e. 39E p —
signature and the original raised seal of the Florida b b Section Line, section 2a r»p. 32s Rye. 39E section cane
✓
registered Surveyor and Mapper named hereon. "' ro 28 27
2 . This sketch and description meets or exceeds all /-7
applicable requirements of the Minimum Technical 315 . 10 ' f / RAW Line
Standards as established in Chapter 61G17 - 6 , 55 ' 35R/W Line
Florida Administrative Code , Deed LOT 1 . 1
3 . This sketch and description and adjoining parcels -� 32-39-27-LOT 1 �,e_ , .,
MAUrM ANPARO
may be subject to easements , restrictions , reser - W a
vations ; or right - of - ways not shown and may be
OGp
found in the Public . Records . Z (P
4 . This sketch and description does not represent a , o Q
field survey . Existing property conditions or features co
O Q. 3
are not shown .
Ln NORTH 345 . 6 ' TRACT 1Lri I U g N N
32- 39 - 28-OODO1 -0010-00001 .0 �
Pr)
INDIAN RIVER COUNTY to � v
LEGEND & ABBREVIATIONS In
Z
P . B . = Plat Book W
PG . = Page Q s
a�
IR /W = Right - of - Way Q An A
O . R . B . = Official Record Book J CC 4
Indian River County Records '� Pei
LOT 1 .2
32-39-27-00009-0040-00001 .2
CERTIFICATION15 . 10 ' f HERRAOE N i ,e OF VERA BEACH
Surveyor and Mapper in responsible charge TRACT 1
32 - 39 - 28-00001 -0010- 00001 .0 I
4� INDIAN RIVER COUNTY
Michael O ' Brien P . S . M . Date THIS IS NOT A BOUNDARY SURVEY
Florida Registration No . LS 6118 SKETCH TO ACCOMPANY LEGAL DESCRIPTION
Indian River County Surve or PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT
NDIAN, RIVER COUNTY ADSTREET
BUILDING 1V /ND/AN R/VER COUNTY °R'^`"" SECTION 28 SKETCH AND D£SCR/PT/ON OF SHEET
laao 25tn STREET S. DEXTER
VERO BEACH, FL 32960 Deportment of Pub Works Pub/ic Works APPROVED B,, TOWNSHIP 325 A PORT/ON OF
TRACT 1,
(��z> ss� - a000 Engineering Division M. O 'BR/£N RANGE 39E SECTION 28 Twp, 32S RG£. 39£ 0 1
f S OD
�iCJ ( ✓ ^ IN THE RECORDS OF
`J
CLERK CIRCUIT COURT
Bruce Barkett, Esq. DOCUMENTARY STAMPS INDIAN RIVER CO,. FLA.
Collins , Brown , Caldwell , Barkett & Garavaglia DEED $ 3759
Attorneys At Law NOTE $
756 Beachland Blvd . NOTE
V Vero Beach , Florida 32963 JEFFREY RIVER
KBART �
R(
772 / 231 - 4343 D
Ge?
Parcel ID Number: 28 32 39 00001 0010 0000100 AND 28 32 39 00001 0080 00002 . 0 t..r;
Grantee # 1 TIN: C:Z
Grantee #2 TIN:
Warranty Deed
This Indenture, Made this /G C?-L day of November , 2002 A.D. , Between
JACKSON BROS . GROVES , INC . , a Florida corporation , as to its
undivided two - thirds interest ( 2 / 3 ) , AND Raymond A . Jackson , as to his
undivided one - third interest ( 1 / 3 )
of the County of Indian River , State of Florida , grantor, and N
INDIAN RIVER COUNTY , FLORIDA , a political subdivision of the State o
of Florida ,
whose address is- 1840 25th Street , Vero Beach , FL 32960 l
CO
of the County of Indian River , state of Florida , grantee,
Witnesseth that the GRANTOR, for and inconsideration of the sum of
W
- - - - - - - - - - - - - - - - - - - - - - - - TEN DOLLARS ( $ 10 ) - - - - - - - - - - -
- - - - - - - - - - - - DOLLARS, t �
u
and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby
acknowledged, has
granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described
land, situate,
lying and being in the County of Indian River State of Florida to wit:
See attached Exhibit " A ^ , Legal Descsription .
Subject to restrictions , reservations and easements of record , if
any .
The above described parcels are not the homestead of Grantor , Raymond
A . Jackson , nor any of his immediate family , nor is any property
contiguous or adjacent thereto ,
and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims
'of all
ers6ns whom9deyer. ;<
In Witness Whereof, the grantor has hereunto set his hand and seal the day and year fust above written.
Sig a sealed and Keelivered in our presence : JACKSON BROS . GROVES , INC:
A Florida Corporation' n
B
Printed Name : gRv Nam Ra o d A . acklson .e
Witn s Vi a - Pres den P .
" to
P.O. Address: P �: , 30 ) � :L/fi IZ 0 'i5' Il- L Y3 9Ga/
Bye (Seal)
Print Name : � p;/���� J4LW !ji _ Ra and A . ackso individually ,
Witne P.O. Address: p
(Corporate Seal)
STATE OF Florida cn
W
COUNTY OF Indian River // �� _
The foregoing instrument was acknowledged before me this 6( day of November , 2 0 02 by
Raymond A . Jackson , individuall c-�
y , and as Vice - Prss� dent of O
JACKSON BROS . GROVES , INC . , a Florida cc ora iono� ehalf ,
he is personally ]mown tome or he has produced his Florida driver r cen cation
-.
CTI
ze
Prints am � , ,;-
Nota P34h1 - . ;,: URIC
MV COMMISSION 8 DD 0 3856
My Commission pires = as EXPIRES: January 30, 2006
A r. � r. — 1 -7 R�, "` OonAed Thal Ndary PubHC tr de llem
7mn (RAIL 76i_5555 Fnrtn FL -
Exhibit 'W'
LEGAL . DESCRIPTION
All of the East 10 acres of Tract 8 ; and the West 20 . acres of the
East 30 acres of Tract 8 ; and the East 11 . 18 acres. of Tract is all in
Section 28 , Township 32 South , Range 39 East , according to the last
general plat of the Indian. River Farms Company filed in . the office of
the Clerk of the Circuit Court of St . Lucie Couxaty , Florida. in Plat
Book 2 , page 25 ; now a part of the public records of Indian Rive =
County , Florida.
LESS and except the East 55 feet of Tract 1 and Tract , 8 , Section 28 ,
Township _ 32 South, Range 39 East , according to the last ganeral plat
of lands of the Indian River Farms Company filed in the office of the
Clerk . of . the Circuit . Court of St . Lucie County, Florida , 1a Plat Book
2 , page 25 , said land now lying and being in Indiari ' River County ,
Florida _
AND LESS . the North 45 feet of the South 85 feet of the East 30 acres
of - Tract S . Section 28 , Township 32 South , Range 39 East , according
to the ' Plat. of the Indian River Farms Company , as . recorded in Plat , .
Book 2 , page 25 , of the Public Records of St . Lucie County , . Florida ,
said lands now lying and being in Indian River County , Florida .
CDP .
G!1
W
-o
O
W
ISSUED BY
COMMONWEALTH LAND Tnu INSURANCE COMPANY OWNER ' S POLICY OF TITLE INSURANCE
Commonwealth POLICY NUMBER
A LANDAMEft1CA COMPANY
A02 - 0099208
i
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
�o By:
Attest: �/ C�ia�•«.�c ��e Ct.�.�-� lc' . � �� � �-
Secretary
President
i
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:
I . (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 .
ALTA Owner's Policy ( 10/17/92) Face Page
with Florida Modifications Valid only if Schedules A and B and Cover are attached
Form 1190-21 A
CONUITION5 AND STIPULATION ,
1 . DEFINITION OF TERMS. (c) Whenever the Company shall have brought an action or interposed a
• defense as required or permitted by the provisions of this policy, the
The following terms when used in this policy mean: Company may pursue any litigation to final determination by a court
of
(a) "insured": the insured named in Schedule A and, subject to an competent jurisdiction and expressly reserves
the right, in its sole discretion,
rights or defenses the Company would have had against the named insured, to appeal from any adverse judgment or order.
those who succeed to the interest of the named insured by operation of law (d) In all cases where this policy permits
or requires the Company to
as distinguished from purchase including, but not bmited to, heirs, prosecute or provide for the defense
of any action or proceeding, the
distributees, devisees, survivors, personal representatives, next of kin, or insured shall secure to the Company the
right to so prosecute or provide
corporate or fiduciary successors. defense in the action or proceeding, and all appeals therein, and permit the
(b) "insured claimant": an insured claiming loss or damage. Company to use, at its option, the name of the insured
for this purpose.
(c) "knowledge" or "known" : actual knowled Whenever requested by the Company, the insured, at the
Company's
ge, not constructive expense, shall give the Company all reasonable aid (i) in any action
or
knowledge or notice which may be imputed to an insured by reason of the proceeding, securing evidence, obtaining witnesses, prosecuting
or
public records as defined in this policy or any other records which impart defending the action or proceeding, or effecting settlement,
and (ii) in any
constructive notice of matters affecting the land . other lawful act which in the opinion of the Company may be necessary
or
(d) "land": the land described or referred to in Schedule A, and desirable to establish the title
to the estate or interest as insured. If the
improvements affixed thereto which by law constitute real property. The Company is prejudiced by the failure of the insured to
furnish the required
term "land" does not include any property beyond the lines of the area cooperation, the Company's obligations to the
insured under the policy
described or referred to in Schedule A, nor any right , title, interest, estate shall terminate, including any liability or obligation
to defend, prosecute, or
or easement in abutting streets, roads, avenues, alleys, lanes, ways or continue any litigation, with regard to the
matter or matters requiring such
waterways, but nothing herein shall modify or limit the extent to which a cooperation .
right of access to and from the land is insured by this policy. 5. PROOF OF LOSS OR DAMAGE.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security In addition to and after the notices required
under Section 3 of these
instrument. Conditions and Stipulations have been provided the Company, a proof of
(f) "public records": records established under state statutes at Date of loss or damage signed and sworn to
by the insured claimant shall be
Policy for the purpose of imparting constructive notice of matters relating furnished to the Company within 90 days after
the insured claimant shall
to real property to purchasers for value and without knowledge. With ascertain the facts giving rise to the
loss or damage. The proof of loss or
respect to Section 1 (a) (iv) of the Exclusions From Coverage, "public damage shall describe the defect in, or
lien or encumbrance on the title, or
records" shall also include environmental protection liens filed in the other matter insured against by this
policy which constitutes the basis of
records of the clerk of the United States district court for the district in loss or damage_ and shall state,
to the extent possible, the basis of
which the land is located. 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
(g) "unmarketability of the title": an alleged or apparent matter affecting or damage, the Company's obligations to the insured under
the policy shall
the title to the land, not excluded or excepted from coverage, which would terminate, including any liability or obligation
to defend, prosecute, or
entitle a purchaser of the estate or interest described in Schedule A to be continue any litigation, with regard to the
matter or matters requiring such
released from the obligation to purchase by virtue of a contractual proof of loss or damage.
condition requiring the delivery of marketable title.
In addition, the insured claimant may reasonably be required to submit
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE to examination under oath by any authorized representative
of the
OF TITLE. Company and shall produce for examination, inspection and copying, at
such reasonable times and places as may be designated by any authorized
The coverage of this policy shall continue in force as of Date of Policy in representative of the Company, all
records, books, ledgers, checks,
favor of an insured only so long as the insured retains an estate or interest correspondence and memoranda, whether bearing
a date before or after
in the land, or holds an indebtedness secured by a purchase money Date of Policy, which reasonably pertain
to the loss or damage. Further, if
mortgage given by a purchaser from the insured, or only so long as the requested by any authorized representative
of the Company , the insured
insured shall have liability by reason of covenants of warranty made by the claimant shall grant its permission, in
writing, for any authorized
insured in any transfer or conveyance of the estate or interest. This policy representative of the Company to examine ,
inspect and copy all records,
shall not continue in force in favor of any purchaser from the insured of books, ledgers, checks, correspondence and
memoranda in the custody or
either (i) an estate or interest in the land, or (ii) an indebtedness secured by control of a third party, which reasonably
pertain to the loss or damage.
a purchase money mortgage given to the insured. All information designated as confidential by the insured claimant provided
to the Company pursuant to this Section shall not be disclosed to others
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. unless, in the reasonable judgement of the Company, it is necessary
in the
The insured shall notify the Company promptly in writin i in case of administration of the claim. Failure of the insured claimant
to submit for
g ( ) examination under oath, produce other reasonably requested information
any litigation as set forth in Section 4(a) below, (ii ) in case knowledge shall
come to an insured hereunder of any claim of title or interest which is or grant permission n secure reasonably
necessary information from third
adverse to the title to the estate or interest, as insured, and which might Company unarties as der erthis policy is
as to that claim. terminate any liability of the
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 6. OPTIONS TO PAY OR OTHERWISE SETTLE
CLAIMS;
unmarketable. If prompt notice shall not be given to the Company, then as TERMINATION OF LIABILITY.
to the insured all liability of the Company shall terminate with regard to In
the matter or matters for which prompt notice is required; provided , case of a claim under this
policy, the Company shall have the following
however, that failure to notify the Company shall in no case prejudice the additional options :
rights of any insured under this policy unless the Company shall be (a )To Pay or Tender Payment of the
Amount of Insurance.
prejudiced by the failure and then only to the extent of the prejudice. To pay or tender payment of the amount of
insurance under
this policy together with any costs, attorneys' fees and expenses incurred by
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF the insured claimant, which were authorized by the Company, 'up to
the
INSURED CLAIMANT TO COOPERATE, time of payment or tender of payment and which the Company is obligated
to pay .
(a) Upon written request by the insured and subject to the options Upon the exercise by the Company of
this option, all liability and
contained in Section 6 of these Conditions and Stipulations, the Company, obligations to the insured under this policy,
other than to make the
at its own cost and without unreasonable delay, shall provide for the payment required, shall terminate, including
any liability or obligation to
defense of an insured in litigation in which any third party asserts a claim defend, prosecute, or continue any litigation,
and the policy shall be
adverse to the title or interest as insured, but only as to those stated causes surrendered to the Company for cancellation .
of action alleging a defect, lien or encumbrance or other matter insured (b) To Pay or Otherwise Settle With Parties
Other than the Insured or
against by this policy. The Company shall have the right to select counsel With the Insured Claimant.
of its choice (subject to the right of the insured to object for reasonable (i ) to pay or otherwise settle with
other parties for or in the name
cause) to represent the insured as to those stated causes of action and shall of an insured claimant any claim insured against
under this policy, together
not be liable for and will not pay the fees of any other counsel . The with any costs, attorneys'
fees and expenses incurred by the insured
Company will not pay any fees, costs or expenses incurred by the insured claimant which were authorized by the Company
up to time of payment
in the defense of those causes of action which allege matters not insured and which the Company is obligated to
pay; or
against by this policy. (ii) to pay or otherwise settle with the insured claimant the loss or
damage provided for under this policy, together with any costs , attorneys'
prosecute any action or proceeding or to do any other a
(b) The Company shall have the right, at its own cost, to institute and fees and expenses incurred by the
insured claimant which were authorized
ct which in its by the Company up to the time of payment and which the Company is
opinion may be necessary or desirable to establish the title to the estate or obligated to pay .
interest, as insured, or to prevent or reduce loss or damage to the insured . Upon the exercise by the Company of either
of the options provided for
The Company may take any appropriate action under the terms of this in paragraphs (b )(i) or (ii), the Company's
obligations to the insured under
policy, whether or not it shall be liable hereunder. and shall not thereby this policy for the claimed
loss or damage, other than the payments
concede liability or waive any provision of this policy. If the Company required to be made, shall terminate. including
any liability or obligation to
shall exercise its rights under this paragraph, it shall do so diligently. defend, prosecute or continue any litigation .
o , , Inn ,, , A Conditions and Stipulations Continued Inside Cover
Issued with Policy No. :
SCHEDULE A
PolicyNo. : A02 - 0099208 Effective Date: 11 / 08 / 02 08 : 37 . 00 a . m .
File No. : 4636 - 17
Amount of Insurance: $ 5 3 7 , 0 0 0 . 0 0
1 . Name of Insured:
INDIAN RIVER COUNTY , FLORIDA , a political subdivision of the State of
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 1536 , Page 0315
of the Public Records of Indian River County, Florida.
3 . The land referred to in this policy is described as follows:
See attached Exhibit " A " , Legal Descsription .
Collins , Brown , Caldwell ,
Barkett & Garavaglia ,
Chartered
756 Beachland Boulevard
Vero B ch , FL 32963
Countersigned:
Authorized Officer or Agent
ALTA Owner's Policy
Schedule A
Exhibit "A"
LEGAL DESCRIPTION
All of the East 10 acres of Tract 8 ; and the West 20 acres of the
East 30 acres of Tract 8 ; and the East 11 . 18 acres. of Tract 1 ; all in
Section 28 , Township 32 South , Range 39 East , according to the last
general plat of the Indian River Farms Company filed in the office of-
the Clerk of the Circuit Court of St . Lucie County , Florida in Plat
Book 2 , page 25 ; now a part of the public records of Indian River
County , Florida ,
LESS and except the East 55 feet of Tract 1 and Tract 8 , Section 28 ,
Township 32 South , Range 39 East , according to the last general plat
of lands of the Indian River Farms Company filed in the office of the
Clerk of the Circuit Court of St .- Lucie County, Florida , in Plat Book
2 , page 25 , said land now lying and being in Indian River County ,
Florida .
AND LESS the North 45 feet of the South 85 feet of the East 30 acres
of Tract 8 , Section 28 , Township 32 South , Range 39 East , according
to the plat of the Indian River Farms Company , as recorded in Plat
Book 2 , page 25 , of the Public Records of St . Lucie County , Florida ,
said lands now lying and being in Indian River . County , Florida .
SCHEDULE B
File No : 4636 - 17
Policy No. : A02 - 0099208
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys'
fees or expenses) which
arise by reason of.
1 . Taxes for the year 2003 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
or 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 . Subject to all canals , ditches and rights of way , if any , of the
Indian River Farms Drainage District as reserved on Subdivision Plat
recorded in Plat Book 2 , page 25 , of the Public Records of St . Lucie
County , Florida ; said land now lying and being in Indian River
County , Florida .
8 . Encroachment of fence on east side of property as depicted on that
certain survey prepared by Masteller , Moler & Reed , Inc . , dated
September 11 , 2002 . Project No . 5086 .
NOTE : Items 1 through 6 are hereby deleted .
ALTA Owneda Policy _ ux Owna's Schedule B of this Policy consists of Pages.
Reh'Avle R
CONDITIONS AND STIPULATIONS - continued
7. DETERMINATION AND EXTENT OF LIABILITY, remedies whicii" the insured claimant would have had against any person
This policy is a contract of indemnity against actual monetary loss or or property in respect to the claim had this
policy not been issued . if
damage sustained or incurred by the insured claimant who has suffered requested by the Company, the insured claimant
shall transfer to the
loss or damage by reason of matters insured against by this policy and Company all rights and remedies against
any person or property
only to the extent herein described. necessary in order to perfect this right of subrogation. The insured
(a) The liability of the Company under this policy shall not exceed claimant shall permit the Company to sue , compromise
or settle in the
the least of: name of the insured claimant and to use the name of the insured claimant
(i) the Amount of Insurance stated in Schedule A; or, in any transaction or litigation involving these rights or remedies
.
(ii) the difference between the value of the insured .estate or If a payment on account of a claim does not fully
cover the loss of the
interest as insured and the value of the insured estate or interest subject insured claimant, the Company shall be subrogated
to these rights and
to the defect, lien or encumbrance insured against by this policy. remedies in the proportion which the Company's payment
bears to the
(b) The Company will pay only those costs , attorneys' fees and whole amount of the loss.
expenses incurred in accordance with Section 4 of these Conditions and
Stipulations . IIf loss should result from any act of the insured claimant, as stated
above, that act shall not void this policy, but the Company, in that event,
8. APPORTIONMENT, shall be required to pay only that part of any losses insured against by this
olicy. which shall exceedIf the land . described in Schedule A consists of two or more parcels teas
n of the impairment bythe the insured claimant of he Company's amount, if. any, lost to theCompaby
sright of
which are not used as a single site, and a loss is established affecting one subrogation .
or more of the parcels but not all, the loss shall be computed and settled b
) The Com 'son a pro rata basis as if the amount of insurance under this policy was
The Comp ny s nrightR'ghts of subrogation nstoagainst non-insu ed obligors
divided pro rata as to the value on Date of Policy of each separate parcel shall exist and shall include, without limitation ,
the rights of the insured to
to the whole , exclusive of any improvements made subsequent to Date of indemnities , guaranties, other policies of insurance or bonds
,
Policy, unless a liability or value has otherwise been agreed upon as to notwithstanding any terms or conditions contained
in those instruments
each parcel by the Company and the insured at the time of the issuance of which provide for subrogation rights by reason of this policy.
this policy and shown by an express statement or by an endorsement
attached to this policy. 14. ARBITRATION,
9. LIMITATION OF LIABILITY. Unless prohibited by applicable law, arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration Association may
(a) If the Company establishes the title , or removes the alleged be demanded if agreed to by both
the Company and the insured.
defect, lien or encumbrance, or cures the lack of a right of access to or Arbitrable matters may include, but are not
limited to, any controversy or
from the land , or cures the claim of unmarketability of title, all as insured, claim between the Company and the insured arising
out of or relating to
in a reasonably diligent manner by any method, including litigation and the this policy, any service of the Company in connection with
its issuance or
completion of any appeals therefrom , it shall have fully performed its the breach of a policy provision or other obligation.
Arbitration pursuant to
obligations with respect to that matter and shall not be liable for any loss or this policy and under the Rules in effect
on the date the demand for
damage caused thereby, arbitration is made or, at the option of the insured ; the Rules in effect at
(b) In the event of any litigation, including litigation by the Company Date of Policy shall be binding upon the parties. The
award may include
or with the Company's consent, the Company shall have no liability for attorneys, fees only if the lawsof the state
in which the land is located
loss or damage until there has been a final determination by a court of permit a court to award attorneys' fees to
a prevailing party. Judgment .
competent jurisdiction, and disposition of all appeals therefrom , adverse to upon the award rendered by the Arb
the title as insured. having jurisdiction thereof. itrators) may be entered in any court
(c) The Company shall not be liable for loss or damage to any The law of the situs of the land shall apply
to an arbitration under the
insured for liability voluntarily assumed by the insured in settling any claim Title Insurance Arbitration Rules.
or suit without the prior written consent of the Company. A copy of the Rules may be obtained from the. Company
upon
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION request.
OF LIABILITY.
159
All payments under this policy, except payments made for costs , CONT ACIT.TM LIMITED TO THIS POLICY; POLICY ENTIRE
attorneys, fees and expenses, shall reduce the amount of the i
pro tanto . insurance (a) This policy together with all endorsements , if any, attached
hereto by the Company is the entire policy and contract between the
11 . LIABILITY NONCUMULATIVE, insured and the Company. In interpreting any provision of this policy, . this
It is expressly understood that the amount of insurance .under this p°lic(b)halAny la mru of ao s or damage, whether
or not based on
policy shall be reduced by any amount the Company may pay under any negligence, and which arises out of the status of the
title to the estate or
policy insuring a mortgage to which exception is taken in Schedule B or to interest covered hereby or by any action asserting
such claim , shall be
which the insured has agreed, assumed, or taken subject, or which is restricted to this policy,
hereafter executed by an insured and which is a charge or lien on the
estate or interest described or referred to in Schedule A, and the amount except )by aowriting endorsed hereon or attached hamendment
of or endorsment to1ereto� scan be made
igned by either
so paid shall be deemed a payment under this policy to the insured owner. the President, a Vice President, the Secretary, an Assistant
Secretary, or
12. PAYMENT OF LOSS, validating officer or authorized signatory of. the Company.
(a) No payment shall be made without producing this policy for 16. SEVERABILITY,
endorsement of the payment unless the policy has been lost or destroyed , In the event any provision of the
policy is held invalid or
in which case proof of loss or destruction shall be furnished to the unenforceable under applicable law,
the policy shall be deemed not to
satisfaction of the Company, I include that provision and all other provisions shall remain in full force and
(b) When liability and the extent of loss or damage has been effect.
definitely fixed in accordance with these Conditions and Stipulations, the
loss or damage shall be payable within 30 days thereafter.
17. NOTICES WHERE SENT.
13, SUBROGATION UPON PAYMENT OR SETTLEMENT. All notices required to be given the Company and any statement in
(a) The Company's Right of Subrogation.
writing required to be furnished the Company shall include the number of
this policy and shallbe addressed to: Consumer Affairs Department, P . O.
Whenever the Company shall have settled and paid a claim under Box 27567, Richmond, Virginia. 23261 -7567,
this. policy, all right of subrogation shall vest in the Company unaffected by
any act of the insured claimant. Inquiries regarding policy coverage and assistance in resolving
The Company shall be subrogated to and be entitled to all rights .and complaints, should be directed to the Company at
(407) 481 -8181 .
Claims
ALTA Owner's Policy ( 10/17/92) Cover Page Stipulationsst be reported in accordance with Conditions and
with Florida Modifications
FOCt71 11 90-22
ORIGINAL Valid only if Face Page and Schedules A and B are attached