HomeMy WebLinkAbout2005-058 Or
606�
Atlantic Coastal Title r oration °5 °� �
3850 20th Street, Suite 6 , Vero Beach, Florida 32960
772-569-4364 s FAX 772-569-6028
} q y
9
MAR 1 12005
COUNTY Al- , ORNEY` S
March 10, 2005 OFFICE
Indian River County, Florida, a Political subdivision of the State of Florida
1840 25th Street
Vero Beach, Florida 32960
Re : Our File Number - 25070878
We enclose herewith the original, recorded deed in re the above, together with our policy
insuring title to the property you've recently purchased.
Both of these documents are important and should be safeguarded by keeping them in a safe
place for future need or reference .
We sincerely appreciate the opportunity of having been of service to you, and hope that you call
on us again. In the meantime, if we can be of any further assistance in the present matter, or if
you have any questions, please don't hesitate to call .
Sincerely,
Malisa Wold
Acltr4
Corporate Headquarters - 3850 201 Street, Suite 6, Vero Beach, Florida 32960 s (561 ) 569-4364
Port St. Lucie Closing Office - 2400 S. E. Midport Road, Suite 211 , Port St. Lucie, Florida 34952 s (561 ) 337-9553
Vero Beach Closing Office - 660 Beachland Boulevard, Suite 206, Vero Beach, Florida 32963 T (561 ) 234-5777
Owner 's Policy
American Land Title Association Owner' s Policy 10- 17 -92
with Florida modifications
Policy Number SDC 272474
SUBJECT TO THE EXCLUSIONS FROM COVERAGE , THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS ,
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY , a Minnesota 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, the said Old Republic National Title Insurance Company has caused its
corporate name and seal to be hereunder affixed by its duly authorized officers as of the date shown in Schedule A, the policy to be
valid when
countersigned by an authorized officer or agent of the Company .
Issued through the Office of: OLD REPUBLIC NATIONALTITLE INSURANCE COMPANY
A Stock Company
vIC COASTAL TITLE CORE 400 Second Avenue South, Minneapolis, Minnesota 55401
` Le 6 (612) 371 - 1111
3 t� St eet9
3e L 96
By President
Authorize i story
ORT Form 331 ALTA Owner' s Policy 10-17-92
with Florida modifications Attest Secretary
EXCLUSIONS FROM COVERAGE by reason of the public records as defined in this policy or any other
The following matters are expressly excluded from the coverage records which impart constructive notice of matters affecting
the land .
of this policy and the Company will not pay loss or damage , costs , ( d ) " land " : the land described or referred
to in Schedule A, and
attorneys' fees or expenses which may arise by reason of : improvements affixed thereto which by law constitute real
property.
1 . ( a ) Any law, ordinance or governmental regulation ( including but The term " land " does not include any property
beyond the lines of
not limited to building and zoning laws , ordinances , or regulations ) the area described or referred to in Schedule
A, nor any
restricting , regulating , prohibiting or relating to ( i ) the occupancy, use , right, title , interest, estate or easement
in abutting streets, roads ,
or enjoyment of the land ; ( ii ) the character, dimensions or location of avenues , alleys , lanes , ways or waterways,
but nothing herein shall
any improvement now or hereafter erected on the land ; ( iii ) a modify or limit the extent to which a right of
access to and from the
separation in ownership or a change in the dimensions or area of the land is insured by this policy.
land or any parcel of which the land is or was a part ; or ( iv) ( e ) " mortgage" : mortgage , deed of trust,
trust deed , or other
environmental protection , or the effect of any violation of these laws, security instrument.
ordinances or governmental regulations, except to the extent that a (f) , " public records" : records established under state
statutes at
notice of the enforcement thereof or a notice of a defect, lien or Date of Policy for the purpose of imparting constructive
notice of
encumbrance resulting from a violation or alleged violation affecting matters relating to real property to purchasers for
value and without
the land has been recorded in the public records at Date of Policy. knowledge . Withrespect to Section 1 ( a )( iv) of the
Exclusions from
( b ) Any governmental police power not excluded by (a ) above , Coverage , " public records" shall also include environmental
protection
except to the extent that a notice of the exercise thereof or a notice liens filed in the records of the clerk of the
United States District
of a defect, lien or encumbrance resulting from a violation or alleged Court for the district in which the land is located .
violation affecting the land has been recorded in the public records at (g ) it unmarketability of the title ' : an alleged
or apparent matter
Date of Policy. affecting the title to the land , not excluded or excepted from
2 . Rights of eminent domain unless notice of the exercise thereof coverage , which would entitle a purchaser of the estate
or interest
has been recorded in the public records at Date of Policy, but not described in Schedule A to be released from the
obligation to
excluding from coverage any taking which has occurred prior to Date purchase by virtue of a contractual condition requiring
the delivery of
of Policy which would be binding on the rights of a purchaser for marketable title .
value without knowledge . 2. Continuation of Insurance After Conveyance of Title.
3 . Defects, liens , encumbrances , adverse claims or other matters : The coverage of this policy shall continue in force
as of Date of
( a ) created , suffered , assumed or agreed to by the insured Policy in favor of an insured only so long as the
insured retains an
claimant ; estate or interest in the land , or holds an indebtedness secured by a
( b ) not known to the Company, not recorded in the public purchase money mortgage given by a purchaser from
the insured , or
records at Date of Policy, but known to the insured claimant and not only so long as the insured shall have liability
by reason of covenants
disclosed in writing to the Company by the insured claimant prior to of warranty made by the insured in any transfer
or conveyance of the
the date the insured claimant became an insured under this policy ; estate or interest. This policy shall not continue in
force in favor of
( c) resulting in no loss or damage to the insured claimant ; any purchaser from the insured of either ( i ) an
estate or interest in
( d ) attaching or creating subsequent to Date of Policy ; or the land , or ( ii ) an . indebtedness secured by a purchase
money
( e ) resulting in loss or damage which would not have been mortgage given to the insured .
sustained if the insured claimant had paid value for the estate or 3. Notice of Claim to be Given by Insured Claimant
interest insured by this policy. The insured shall notify the Company promptly in writing ( i ) in
4. Any claim , which arises out of the transaction vesting in the case of any litigation as set forth in Section 4( a )
below, ( ii ) in case
insured the estate or interest insured by this policy, by reason of the knowledge shall come to an insured hereunder of any claim
of title or
operation of federal bankruptcy, state insolvency, or similar creditors ' interest which is adverse to the title to the estate
or interest, as
rights laws , that is based on : insured , and which might cause loss or damage for which the
( a ) the transaction creating the estate or interest insured by this Company may be liable by virtue of this policy, or (
iii ) if title to the
policy being deemed a fraudulent conveyance or fraudulent transfer, or estate or interest, as insured , is rejected as unmarketable
. If prompt
( b) the transaction creating the estate or interest insured by this notice shall not be given to the Company, then as
to the insured all
policy being deemed a preferential transfer except where the liability of the Company shall terminate with regard to the
matter or
preferential transfer results from the failure : matters for which prompt notice is required ; provided , however, that
( i ) to timely record the instrument of transfer; or failure to notify the Company shall in no case prejudice the
rights of
( ii ) of such recordation to impart notice to a purchaser for any insured under this policy unless the Company shall be
prejudiced
value or a judgment of lien creditor. by the failure and then only to the extent of the prejudice .
CONDITIONS AND STIPULATIONS 4. Defense and Prosecution of Actions; Duty of Insured Claimant to
1 . Definition of Terms. Cooperate.
The following terms when used in this policy mean : ( a ) Upon written request by the insured and subject to
the
(a ) " insured " : the insured named in Schedule A , and , subject to options contained in Section 6 of these Conditions and Stipulations,
any rights or defenses the Company would have had against the the Company, at its own cost and without unreasonable
delay, shall
named insured , those who succeed to the interest of the named provide for the defense of an insured in litigation
in which any third
insured by operation of law as distinguished from purchase including , party asserts a claim adverse to the title or
interest as insured, but
but not limited to , heirs , distributees , devisees , survivors , personal only as to those stated causes of action alleging
a defect, lien or
representatives, next of kin, or corporate or fiduciary successors . encumbrance or other matter insured against by this
policy. The
( b ) " insured claimant" : an insured claiming loss or damage . Company shall have the right to select counsel of
its choice ( subject
( c) " knowledge" or " known" : actual knowledge , not to the right of the insured to object for reasonable cause )
to
constructive knowledge or notice which may be imputed to an insured represent the insured as to those stated causes
of action and shall
.a
Note: This policy consists of insert pages labeled "Schedule A" and "Schedule B " and is of no force or effect unless all
schedules are included, along with any Rider pages incorporated by reference in the insert pages.
SCHEDULE A
Agent's File No : 25070878
Policy No : SDC-272474
Effective Date : March 3 , 2005 at 2 : 12 pm
Amount of
Insurance : $ 2809000. 00
1 . The Insured hereunder, in whom title to the fee simple estate is vested at the date hereof, is :
Indian River County, Florida, a Political subdivision of the
State of Florida
2 . In addition to those referred to in Schedule B hereof, the land herein described is encumbered
by the following mortgage(s), and assignments thereof (if any) :
None !
3 . The land referred to in this policy is situated in the County of Indian River, State of Florida,
and is described as follows :
Parcel One :
Lot 15, Block 2 , BOOKER T. WASHINGTON ADDITION TO THE TOWN
OF VERO, according to the Plat thereof, as recorded in Plat Book 2, at Page 34,
of the Public Records of St. Lucie County, Florida ; said lands now lying and
being in Indian River County, Florida.
Parcel Two :
Lot 6, Block 5, BOOKER T. WASHINGTON ADDITION TO THE TOWN OF
VERO, according to the Plat thereof, as recorded in Plat Book 2, at Page 34, of
Pol I - Policy Insert Page 1
s ie �+� �"� p, , ,,'i/ h iry} ��,hv " s - � �a�`-'�r1 • r z + s � nil:! „` � ��
r
r y • �r e
W/O,
the Public Records of St. Lucie County, Florida, said lands now lying and being
in Indian River County, Florida.
Countersig
Authorized Signatory
ATLANTIC COASTAL TITLE CORPORATION
3850 20th Street, Suite 6 , Vero Beach , Florida 32960
Telephone : 772-569-4364
Pol l - Policy Insert Page 2
Agent's File No : 25070878
Policy No : SDC -272474
SCHEDULE B
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:
GENERAL EXCEPTIONS :
1 . (a) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate
survey and inspection of the premises.
(b) Easements, or claims of easements, not shown by the public records.
(c) If the land described herein abuts a river, lake, stream or other waterway --- the nature and extent of riparian
and/or littoral rights, title to any portion of the land which is submerged, title to any portion below the mean high water
mark of a tidal waterway, and title to any portion which consists of "filled-in lands " ; and/or any claim that any portion
of said lands are sovereign lands of the State of Florida.
(d) Taxes or special assessments which are not shown as existing liens by the public records.
SPECIAL EXCEPTIONS :
2 . The mortgage referred to in item 2 of Schedule A hereof, if any.
3 . General and special real property taxes and assessments for tax year 2005 and subsequent years .
4 . Restrictions, reservations and limitations and easements, as reserved or shown on Plat of
Subdivision recorded in Plat Book 2, at Page 34, Public records of St. Lucie County, Florida.
In accordance with Title 42 United States Code, Section 3604, any covenants, conditions or restrictions
referred to herein, which indicate any preference, limitation or discrimination based on race, color, religion,
sex, handicap, familial status or national origin, are hereby deleted.
Note 1 : This policy does not insure against loss or damage arising as the result of unpaid charges for public
utilities furnished by any county, municipality, or public service corporation , which may be or may become
a lien upon the land insured hereby under any provision of the Florida Statutes including Section 159 . 17 ;
and/or any county, municipal , or special taxing district assessment, including those levied under the
provisions of Chapter 190 , Florida Statutes .
Pol l - Policy Insert Page 3
Note 2 : Al references herein to recorded instruments , refer to recordations contained within the Public
Records of the county in which the land is located . Reference to instruments among the Public Records refer
to the first recorded page of the instrument, but include by reference all pages recorded under the Clerk's
File Number assigned to the instrument referred to .
Pol I - Policy Insert Page 4
not be liable for and will not pay the fees of any other counsel . The and memoranda in the custody or control
of a third party, which
Company will not pay any fees , costs or expenses incurred by the reasonably pertain to the loss or damage .
All information designated
insured in the defense of those causes of action which allege matters as confidential by the insured claimant provided
to the Company
not insured against by this policy. pursuant to this Section shall not be disclosed to others unless ,
in
( b ) The Company shall have the right, at its own cost, to the reasonable judgment of the Company, it is
necessary in the
institute and prosecute any action or proceeding or to do any other administration of the claim . Failure of the insured
claimant to submit
act which in its opinion may be necessary or desirable to establish for examination under oath , produce other reasonably
requested
the title to the estate or interest, as insured , or to prevent or reduce information or grant permission to secure
reasonably necessary
loss or damage to the insured . The Company may take any information from third parties as required in this
paragraph shall
appropriate action under the terms of this policy, whether or not it terminate any liability of the Company under this
policy as to that
shall be liable hereunder, and shall not thereby concede liability or claim .
waive any provision of this policy. If the Company shall exercise its 6. Options to Pay or Otherwise Settle Claims;
Termination of
rights under this paragraph , it shall do so diligently. Liability.
( c ) Whenever the Company shall have brought an action or In case of a claim under this policy, the Company
shall have the
interposed a defense as required or permitted by the provisions of following additional options :
this policy, the Company may pursue any litigation to final la ► To Pay or Tender Payment of the Amount of Insurance
.
determination by a court of competent jurisdiction and expressly To pay or tender payment of the amount of insurance
under this
reserves the right, in its sole discretion , to appeal from any adverse policy together with any costs , attorneys'
fees and expenses incurred
judgment or order. by the insured claimant, which were authorized by the Company, up to
Id ) In all cases where this policy permits or requires the the time of payment or tender of payment and
which the Company is
Company to prosecute or provide for the defense of any action or obligated to pay.
proceeding , the insured shall secure to the Company the right to so Upon the exercise by the Company of this
option , all liability and
prosecute or provide defense in the action or proceeding , and all obligations to the insured under this policy, other
than to make the
appeals therein , and permit the Company to use , at its option , the payment required , shall terminate , including
any liability or obligation
name of the insured for this purpose . Whenever requested by the to defend , prosecute , or continue any litigation , and
the policy shall
Company, the insured , at the Company 's expense , shall give the be surrendered to the Company for cancellation .
Company all reasonable aid ( i ) in any action or proceeding , securing ( b ) To Pay or Otherwise Settle With Parties
Other than the
evidence , obtaining witnesses , prosecuting or defending the action or Insured or With the Insured Claimant .
proceeding , or effecting settlement, and ( ii ) in any other lawful act li ► to pay or otherwise settle with other
parties for or in
which in the opinion of the Company may be necessary or desirable the name of an insured claimant any claim insured
against under this
to establish the title to the estate or interest as insured . If the policy, together with any costs , attorneys'
fees and expenses incurred
Company is prejudiced by the failure of the insured to furnish the by the insured claimant which were authorized by
the Company up to
required cooperation , the Company 's obligations to the insured under the time of payment and which the Company is
obligated to pay ; or
the policy shall terminate , including any liability or obligation to Iii ) to pay or otherwise settle with the
insured claimant
defend , prosecute , or continue any litigation , with regard to the the loss or damage provided for under this policy,
together with any
matter or matters requiring such cooperation . costs , attorneys' fees and expenses incurred by the insured claimant
5. Proof of Loss or Damage. which were authorized by the Company up to the time of payment
In addition to and after the notices required under Section 3 of and which the Company is obligated to pay.
these Conditions and Stipulations have been provided the Company, a Upon the exercise by the Company of either of the
options
proof of loss or damage signed and sworn to by the insured claimant provided for in paragraphs ( b )( i ) or ( ii ) ,
the Company 's obligations to
shall be furnished to the Company within 90 days after the insured the insured under this policy for the claimed loss
or damage , other
claimant shall ascertain the facts giving rise to the loss or damage . than the payments required to be made ,
shall terminate , including any
The proof of loss or damage shall describe the defect in , or lien or liability or obligation to defend , prosecute
or continue any litigation .
encumbrance on the title , or other matter insured against by this
policy which constitutes the basis of loss or damage and shall state , � Determination, Extent of Liability
to the extent possible , the basis of calculating the amount of the loss This policy is a contract of indemnity against
actual monetary
or damage . If the Company is prejudiced by the failure of the insured loss or damage sustained or incurred by the
insured claimant who
claimant to provide the required proof of loss or damage , the has suffered loss or damage by reason of matters
insured against by
Company 's obligations to the insured under the policy shall terminate , this policy and only to the extent herein described
.
including any liability or obligation to defend , prosecute , or continue ed The liability of the Company under this
policy shall not
exceed
any litigation , with regard to the matter or matters requiring such d the least of :
proof of loss or damage . ( i ) the Amount of Insurance stated in Schedule A , or,
In addition , the insured claimant may reasonably be required to ( ii ) the difference between the value of the
insured estate
submit to examination under oath by any authorized representative of or interest as insured and the value of the insured
estate or interest
the Company and shall produce for examination , inspection and subject to the defect , lien or encumbrance insured against
by this
copying , at such reasonable times and places as may be designated policy.
by any authorized representative of the Company, all records , books , Ib ► The company will pay only those costs ,
attorneys' fees and
ledgers , checks , correspondence and memoranda , whetner bearing a expenses incurred in accordance with Section 4 of the
Conditions and
date before or after Date of Policy, which reasonably pertain to the Stipulations .
loss or damage . Further, if requested by any authorized representative B. Apportionment.
of the Company, the insured claimant shall grant its permission , in If the land described in Schedule A consists
of two or more
writing , for any authorized representative of the Company to examine , parcels which are not used as a single site ,
and a loss is established
inspect and copy all records , books , ledgers , checks , correspondence affecting one or more of the parcels but not
all , the loss shall be
computed and settled on a pro rata basis as if the amount of If a payment on account of a claim does not
fully cover the loss
insurance under this policy was divided pro rata as to the value on of the insured claimant, the Company shall be subrogated
to these
Date of Policy of each separate parcel to the whole, exclusive of any rights and remedies in the proportion which the
Company's payment
improvements made subsequent to Date of Policy, unless a liability or bears to thewhole amount of the loss .
value has otherwise been agreed upon as to each parcel by the If loss should result from any act of theinsured
claimant, as
Company and the insured at the time of the issuance of this policy stated above, that act shall not void this policy,
but the Company, in
and shown by an express statement or by an endorsement attached that event, shall be required to pay only that part
of any losses
to this policy. insured against by the policy which shall exceed the amount, if any,
9. Limitation of Liability. lost. to the Company by reason of the impairment by the insured
(a) If the Company establishes the title, or removes the alleged claimant of the Company's right of subrogation .
defect, lien or encumbrance, or cures the lack of a right of access to ( b) The Company's Rights Against Non- Insured Obligors
or from the land, or cures the claim of unmarketability of title, all as The Company's right of subrogation against
non-insured obligors
insured, in a reasonably diligent manner by any method, including shall exist and shall include, without limitation, the
rights of the insured
litigation and the completion of any appeals therefromr, it shall have to indemnities, guaranties, other policies of insurance
or bonds,
fully performed its obligations with respect to that matter and shall notwithstanding any terms or conditions contained in those
instruments
not be liable for any loss or damage caused thereby. I I which provide for subrogation rights by reason of this
policy.
( b ) In the event of any litigation , including litigation by the 14. Arbitration.
Company or with the Company's consent, the Company shall have no Unless prohibited by applicable law, arbitration pursuant to
liability for loss or damage until there has been a final determination the Title Insurance Arbitration Rules of the American
Arbitration
by a court of competent jurisdiction, and disposition of all appeals Association may be demanded if agreed to by both the
Company
therefrom, adverse to the title as insured. and the insured. Arbitrable matters may include, but are not
(c) The Company shall not be liable for loss or damage to any limited to, any controversy or claim between the Company
and
insured for liability voluntarily assumed by the insured in settling any the insured arising out of or relating to this policy,
any service of
claim or suit without the prior written consent of the Company. the Company in connection with its issuance or the breach of
a
10. Reduction of Insurance; Reduction or Termination of Liability. policy provision or other obligation. Arbitration pursuant to this
All payments under this policy, except payments made for costs, policy and under the Rules in effect on the date the demand
for
attorneys' fees and expenses , shall reduce the amount of the arbitration is made or, at the option of the insured, the Rules
in
insurance pro tanto . effect at Date of Policy shall be binding upon the parties. The
11. Liability Non-cumulative. award may include attorneys fees only if the laws of the state in
It is expressly understood that the amount of insurance under which the land is located permit a court to award attorneys'
fees
this policy shall be reduced by any amount the Company may pay to a prevailing party. Judgment upon the award rendered by
the
under any policy insuring a mortgage to which exception is taken in Arbitrators) may be entered in any court having jurisdiction
Schedule B or to which the insured has agreed, assumed, . or taken thereof.
subject, or which is hereafter executed by an insured and which is a The law of the situs of the land shall apply
to an
charge or lien on the estate or interest described or referred to in arbitration under the Title Insurance Arbitration
Rules.
Schedule A, and the amount so paid shall be. deemed a payment A copy of the Rules may he obtained from the Company
under this policy to the insured owner. upon request.
12. Payment of Loss. 15. Liabililty Limited to this Policy; Policy Entire Contract.
(a ) No payment shall be made without producing this policy (a ) This policy together with all endorsements , if any, attached
for endorsement of the payment unless the policy has been lost or hereto by the Company is the entire policy and contract
between the
destroyed , in which case proof of loss or destruction shall be insured and the Company. In interpreting any provision
of this policy,
furnished to the satisfaction of the Company. this policy shall be construed as a whole .
( b) When liability and the extent of loss or damage has been (b ) Any claim of loss or damage, whether or
not based on
definitely fixed in accordance with these Conditions and Stipulations, negligence, and which arises out of the status of the
title to the
the loss or damage shall be payable within 30 days thereafter estate or interest covered hereby or by any action asserting
such
13. Subrogation Upon Payment or Settlement. claim, shall be restricted to this policy.
(a ) The Company's Right of Subrogation (c) No amendment of or endorsement to this policy can be made
except by a writing endorsed hereon or attached hereto signed by either
Whenever the Company shall have settled and paid a claim
the President, a Vice President, the Secretary, an Assistant Secretary, or
under this policy, all right of subrogation shall vest in the Company
validating officer or authorized signatory of the Company.
unaffected by any act of the insured claimant.
The Company shall be subrogated to and be entitled to all 16. Severability.
rights and remedies which the insured claimant would have had I . In the event any provision of the policy is held
invalid or
against any person or property in respect to the claim had this policy unenforceable under applicable law; the policy shall
be deemed not to
not been issued. If requested by the Company, the insured claimant include that provision and all other provisions shall remain
in full
shall transfer to the Company all rights and remedies against any force and effect.
person or property necessary in order to perfect this right of 17. Notices, Where Sent.
subrogation . The insured claimant shall permit the Company to sue, All notices required to be given the Company and any statement
in
compromise or settle in the name of the insured claimant and to use writing required to be furnished the Company shall include
the number of
the name of the insured claimant in any transaction or litigation this policy and shall be addressed to the Company
at its home office,
involving these rights or remedies . 400 Second Avenue South, Minneapolis, Minnesota 55401 , (612 ) 371 - 1111 .
1624077
This instrument was prepared incident to THIS DOCUMENT HAS BEEN RECORDED
the issuance of a title insurance contract, IN THE PUBLIC RECORDS OF
and is to be returned to : INDIAN RIVER COUNTY FL
BK : 1842 PG : 1731 , Pagel of 3
03/03/2006 at 02 : 12 PM ,
Tonya Bellflower D DOCTAx PD $3780.00
Atlantic Coastal Title ora
Cor tion JEFFREY K BARTON, CLERK OF
Corporation COURT
3850 20th Street, Suite 6
Vero Beach, Florida 32960
ACTC File Number: 25070878
Parcel ID Number: 32=39-35-00004=0020-00015/0 and 32=39-35-00004-005040006/0
GENERAL WARRANTY DEED
This deed, made as of this 28th day of February, 2005, by William Holt, as Trustee of Mt. Zion
Baptist Church ; and as Trustee of the Mt. Ester Baptist Church, now known as Mt. Zion
Baptist Church (as Grantor) ; and Indian River County, Florida, a political subdivision of
the State of Florida , whose postoffice address is : 1840 25th Street, Vero Beach ,
Florida 32960 (as Grantee ) ;
(Wherever used herein, the terns "grantor" and "grantee" shall include singularand plural, heirs, legal representatives,
and assigns of individuals, and the successors and assigns of cotporations, partnerships or other entities; wherever
the context so admits or requires.)
WITNESSETH :
That the grantor, for and in consideration of the sum of $ 10 .00 in hand paid by grantee , the receipt whereof
is hereby acknowledged , does hereby grant, bargain , sell , alien , remise , release , convey and confirm unto
the grantee forever, all the right, title , interest, claim and demand which the said grantor has in and to the
following described parcel of land , to wit:
Parcel One :
Lot 15 , Block 2 , BOOKER T. WASHINGTON ADDITION TO THE TOWN
OF VERO , according to the Plat thereof, as recorded in Plat Book 2 , at
Page 34, of the Public Records of St. Lucie County, Florida ; said lands
now lying and being in Indian River County, Florida .
Parcel Two :
Lot 6, Block 5 , BOOKER T. WASHINGTON ADDITION TO THE TOWN OF
VERO , according to the Plat thereof, as recorded in Plat Book 2 , at
Page 34, of the Public Records of St. Lucie County, Florida , said lands
now lying and being in Indian River County, Florida .
ATLANTIC COASTAL TITLE CORPORATION
A Full Service, Florida Title Insurance Agency
TOGETHERwith all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND grantor hereby covenants with grantee that grantor is lawfully seized of said land in fee simple ; that
grantor has good right and lawful authority to sell and convey said land ; that grantor hereby fully warrants
the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that
said land is free of all encumbrances , except taxes for the year in which this deed is given ; and restrictions ,
reservations , limitations , covenants , conditions and easements of record , if any; insofar as same are valid
and enforceable (however, this clause shall not be construed to reimpose same ) .
IN WITNESS WHEREOF, the said grantor has caused these presents to be signed and sealed in its name ,
as of the day and year first above written .
Mt. Zion Baptist Church ; and Mt. Ester Baptist
Church, now known as Mt. Zion Baptist Church
[AFFIX CORPORATE SEAL]
By :
William Holt
its Trustee
Grantor's Mailing Address :
277618th Avenue
Vero Beach , Florida 32960
Signed, sealed and delivered in the presence of.•
LL A Y1 I I I 1161.4
Tonya Bellflower
Malisa Wold
ATLANTIC COASTAL TITLE CORPORATION
A Full Service, Florida Title Insurance Agency
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Page 1 of 4
1624253 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN
RIVER CO FL, BK: 1842 PG: 2210, 03/04/2005 09:15 AM DOC STAMPS D $0.70
This document was propared
by and should be returned to:
Indian River County Attorneys Office
1640 25th Street
Vero Beach,FL 32960
COUNTY DEED
INDIAN RIVER COUNTY, FLORIDA
THIS DEED, made this 8th day of February 2005, by INDIAN RIVER
COUNTY, FLORIDA, a political subdivision of the State of Florida, party of the first
part, whose address is 1840 25th Street, Vero Beach, Florida 32960, and MOUNT ZION
BAPTIST CHURCH, whose address is 2755 18`"Avenue, Vero Beach, FL 32960, party
of the second part,
Witnesseth: That the said party of the first part, for and in consideration of the
sum of Ten Dollars to it in hand paid by the party of the second part, receipt whereof is
hereby acknowledged, has granted, bargained, and sold to the party of the second part,
its heirs and assigns forever, the following described lands lying and being in Indian
River County, Florida:
See Exhibit"A' Attached Hereto and Made a Part Hereof
IN WITNESS WHEREOF the said party of the first part has caused these
presents to be executed-in its name by its Board of County Commissioners, acting by
the Chairman of said.-Board,the day and year aforesaid.
o�:.� `.�; •. ��"._'' INDIAN RIVER COUNTY, FLORIDA
= • -��,�: ai,i By its Board of County Commissioners
Attesf: J ; Batton, 0erk { .
By
Deput{jy;�ty:: Thomas S. Lowther, Chairman
(Official Seal) BCC approved: 2/8/2005
Approved as to form and
Msuffic'enLkc
William K. DeBraal
Assistant County Attorney
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LEGAL DESCRIPTION GRAPHIC SCALE
100 0 50 100 200 s
The North 345 6 feet of the East 11 18 acres of
a" Tract 1, Section 28, Township 32 South, Range 39
( IN FEET ) r
East, according to the last general plat of the lands , Inch _ ,00 «.
of the Indian River Forms Company recorded in PlatCRYSTAL SANDS CRYSTAL SANDS
Book 2, Page 25 of the Public Records of St. Lucie SUBDMSION I SUBOMSION a
County, Florida; LESS AND EXCEPT all right—of—way ^p P.B. 2, PAGE 25 60' P.B. 2, PAGE 25 5L 35'
fig. BLOCK 1 Plot t BLOCK 2
R. Q
for roads, canals and ditches. 7 tz,w. ,,, tztao W. 730 L0„ O�
Containing 108,899 square feet. b^ PG
Now lying in Indian River County, Florida ;n. ±487
y I I
R 0. O LW
�..r
l OTh s sketch and description is not valid without the n 45TH STREET
SK§Mt°a(NORTHaGIFFORDTROAD 21� 22 � :�aN
signature and the original raised seal of the Florida o a«D.Lkw S.&.m M1a=No.W saw Lkw✓ a�
registered Surveyor and Mapper named hereon "' �' 28 27 0
2. This sketch and description meets or exceeds all /7t0 C7
applicable requirements of the Minimum Technical 315.10'±/ R/W Line
Standards as established In Chapter 61G17-6, 55' 35' aiwu, a
Florida Administrative Code. eed LW„
ma-r�-amro-�mmr.i �
3 This sketch and description and adjoining parcels W a
may be subject to easements, restrictions, reser— R R
vations, or right—of—ways not shown and may be =
found in the Public Records.
4. This sketch and description does not represent a
field survey. Existing property conditions or features rm �, 4�
are not shown. �Lr) NORTH 345.6' LOT 1 Int 11
32-39-28-00001-0010-00001.0 IN Q
INDIAN RIVER COUNTY
LEGEND & ABBREVIATIONS 2 °�
P.B = Plat Book Q I
PG. = Page c
R/W = Right—of—Way i U
O.R.B = Official Record;Book 3
I.R.C.R = Indion;,R'{^ t Records O
^Y�lA .:�y1n�y-.. \ LOT I.1 /1
•. .,t� 1CfQ•,,'(�(r ran.n.wawa ra
CERTIFICATI /315.10'± _
H �1 A 111Es.NNl J chorge `LOT 1 o
r-I Surveyor and'-:
N •. 7. i'� - 32-39-28-D0001-0010-00001.0
N .•'S- INDIAN RIVER COUNTY I y
THIS IS NOT A BOUNDARY SURVEY
Michael O'Bner` 'iNI......'`.0 ;;' '` .Date
a Floridaegist'ro i '' bpErbi3°t�118 SKETCH TO ACCOMPANY LEGAL DESCRIPTION
lorida
�'j ' PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT
Indian River Count."�uri%e.or.•,-°.,.
N_
[DJAN RIVER COUNTY.ADMINISTRATION eui1.0� ' /ND/AN R/YER COUNTr °R""'"°` SECTION 18 SKETCH AND DESCR/PTION OF S”" "
_a1840 25th 5TREET S. DEXTER I
OD VERO BEACH,R.32960 Deaorlment of Pub/Ic Works APPROVED�. TOWNSHIP J1S A PORTION OF TRACT >, /
t2Tz) 582-eo0o Engine Division M. 09R/EN RANGE J9f SECTION 18TWP. T25 CE. J9E I 0
Page 3 of 4
BK: 1842 PG: 2212
Mt Zion Ba
rist Church
2776 I8 Avenue
Vero Beach,FL 32960
Called Meeting February 8,2005
The meeting was called to order at 6:30 P.M.by Deacon Richard Hunter,Prayer by
Deacon Hunter. The purpose of the meeting was to authorize William Holt to sign all
documents drawn up by Indian River County in order to close on the deal.The selling of
Mt.Zion Church and Parsonage Properties is complete and we are ready to move
forward.It was moved by James Broxton and seconded by Vinnie Broxton to authorize
William Holt to sign off on all documents associated with the closing on the Church,
motion passed.Meeting was adjourned at 6:45P.M.
I
Submitted By
Geraldine Faison
Mt.Zion Baptist Church Secretary
Notary AAi4 -x-
-
x /.
NOftv aeso ror of Fulda
eq ..oay.xoe
ccawnbs m•oC 366842
�one.e M+�o na tao�y N..
I
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Page 4 of 4
BK: 1842 PG: 2213
i
AFFIDAVIT OF PASTOR JIM PEARCE
STATE OF FLORIDA
INDIAN RIVER COUNTY
BEFORE ME, the undersigned authority, personally appeared Affiant, Jim
Pearce, who has been sworn and says that the following statements are true:
a) Affiant is the Pastor for Mt. Zion Baptist Church, located at 2776 18th
Avenue, Vero Beach, Florida.
b) Affiant is making this affidavit for the purpose of assuring Indian River
County that he lmows personally that the following persons are the
current Trustees of the Mt. Zion Baptist Church:
i. William Holt, 4129 57th Avenue, Vero Beach, FL 32967
ii. Richard Hunter, Jr., 4276 57th Court, Vero Beach, FL 32967
iii. Clarence Bagley, 4625 471h Court,Vero Beach, FL 32967
iv Robert Taylor, 2776 18th Avenue, Vero Beach, FL 32960
V. David William, 4626 331d Avenue, Vero Beach, FL 32960
FURTHER AFFIANT SAYETH NAUGHT.
Jim Pearce
The foregoing instrument was sworn and subscribed before me this
day of February, 2005, by JIM PEARCE, who is personally known to me or
presented p-2n t,allu /Cnv-Jn as identification.
Notary Public - State of Florida
f..,.,
seRntornre,�R,w,w
MY COMMISSION I oD 9n400
+g• EXPIRES:Maft 9,2009
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