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AGREEMENT TO PURCHASE , SELL , AND LEASE REAL ESTATE
BETWEEN INDIAN RIVER COUNTY
AND
DEBRA A. ATWELL
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is
made and entered into as of the _ 6 day o# becember-, 20111 by and between Indian
River County , a political subdivision of the State of Florida ("the County") , and Debra A .
Atwell , (Seller") , who agree as follows :
WHEREAS , Debra A . Atwell owns property located at 6435 12th Street, Vero
Beach , Florida . Legal descriptions of the properties are attached to this agreement as
Exhibit "A" incorporated by reference herein ; and
WHEREAS , the County , is scheduled to expand 66th Avenue in the future and the
road expansion will impact and affect the Atwell property; and
WHEREAS , in order for the County to proceed with its road expansion plans , the .
County needs to purchase property to be used as right-of-way from landowners on 66th
Avenue and the intersecting streets ; and
WHEREAS , the County has contacted Debra A. Atwell and has offered to purchase
parcel #24 , approximately 16 , 840 square feet and parcel #25 , approximately 16 , 030
square feet of property to be used as right-of--way (shown as Exhibit "A") , from Ms . Atwell ;
and
WHEREAS , the County is prepared to take the Property by using its power of
eminent domain ; and
WHEREAS , Debra A. Atwell and the County wish to avoid the risk , time and
expense of litigation by entering into this agreement for sale and purchase of the entire
property ;
NOW, THEREFORE , in consideration of the mutual terms , conditions , promises ,
covenants and premises hereinafter, the COUNTY and SELLER agree as follows :
1 . Recitals . The above recitals are affirmed as being true and correct and are
incorporated herein
2 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County,
and the County hereby agrees to purchase from Seller, upon the terms and conditions set
1
5 - ORIGINAL
forth in this Agreement that certain parcels of real property located at 6435 12th Street ,
Vero Beach , Florida and more specifically described in the sketch and legal description
attached as Exhibit "A" , fee simple , containing a total of 32 , 870 square feet to be used as
right-of-way and all improvements thereon , together with all easements , rights and uses
now or hereafter belonging thereto (collectively, the " Property") . To be included in the
agreement to purchase is a 15 feet wide temporary construction easement running parallel
with the proposed north right of way line on both project parcels #24 and #25 . The
purpose of this easement is to build a berm , locate a new perimeter fence (specifications
as shown in Exhibit " B") upon that berm , grade slope , structure drainage and re-sodding .
The roadway drainage will be collected through permitted drainage collector systems and
will not drain outside the right of way. Drainage on private property will be collected in a
similar manner as existing conditions , and transmitted to the IRFWCD sub-lateral B-
Canal . Every effort will be made to provide an adequate drainage system as ogd as o
better than the existin ondif on . H�-9ft 4d4Aw
IWAl.�lj; al� . 077 14 0 Z ��aC � 4e Ori X &,a 5 p
2 . 1 Purchase Price , Effective Date . The purchase price (" Purchase Price") for the
Property shall be Forty-Two Thousand Seventy-Three Dollars ($42 , 073 Dollars) and sha
be paid on the Closing Date . In addition , the seller agrees the project contractor will be
responsible for the installation of approximately 657 feet of diamond mesh wire horse
fence , fence specifications attached as "Addendum # 1 , and moving the front entrance
gates to be reinstalled behind the new right-of4ay line . Seller will be responsible for the
root pruning and moving of 20 Live Oak Trees and 2 Coconut Trees at a price of $ 5 , 500 .
The County agrees to allow the Seller to move a group of Sabal Palms that fall directly on
the southwest boundary of the property , at her own expense . The storm-water drainage
will essentially be the same as pre-construction , with the exception of the installation of an
18" pipe , or 24" pipe , if possible , to move the drainage water away from the property . The
County agrees to remove the driveway at station 25 of the project plans , to grade a mow
able swale on the north side of the perimeter berm , re-sod graded surfaces with Bahia
grass , pave the road to the east line of the parcel owner, and complete the construction
work during the months of April through October, to minimize the adverse effects on the
property owner's ranch business . The total price to be paid to the Seller for the land and
the moving of the trees shall be $47 , 573 . The Effective Date of this Agreement shall be
the date upon which the County shall have approved the execution of this Agreement,
either by approval by the Indian River County Board of County Commissioners at a formal
meeting of such Board or by the County Administrator pursuant to his delegated authority.
3 . Title . Seller shall convey marketable title to the Property by warranty deed free of
claims , liens , easements and encumbrances of record or known to Seller; but subject to
property taxes for the year of Closing and covenants , restrictions and public utility
easements of record provided (a) there exists at Closing no violation of any of the
foregoing ; and (b) none of the foregoing prevents County's intended use and development
of the Property (" Permitted Exceptions") .
3 . 1 County may order an Ownership and Encumbrance Report or Title Insurance
Commitment with respect to the Property. County shall within fifteen ( 15) days following
the Effective Date of this Agreement deliver written notice to Seller of title defects . Title
shall be deemed acceptable to County if (a) County fails to deliver notice of defects within
the time specified , or (b) County delivers notice and Seller cures the defects within thirty
2
ORIGINAL
(30) days from receipt of notice from County of title defects ("Curative Period ") . Seller shall
use best efforts to cure the defects within the Curative Period and if the title defects are not
cured within the Curative Period , County shall have thirty (30) days from the end of the
Curative Period to elect, by written notice to Seller, to : (i ) to terminate this Agreement,
whereupon shall be of no further force and effect , or ( ii) extend the Curative Period for up
to an additional 90 days ; or ( iii) accept title subject to existing defects and proceed to
closing .
4 . Representations of the Seller.
4 . 1 Seller is indefeasibly seized of marketable , fee simple title to the Property, and is the
sole owner of and has good right, title , and authority to convey and transfer the Property
which is the subject matter of this Agreement, free and clear of all liens and
encumbrances .
4 . 2 From and after the Effective Date of this Agreement, Seller shall take no action
which would impair or otherwise affect title to any portion of the Property, and shall record
no documents in the Public Records which would affect title to the Property , without the
prior written consent of the County.
4 . 3 . 1 There are no existing or pending special assessments affecting the Property, which
are or may be assessed by any governmental authority, water or sewer authority , school
district, drainage district or any other special taxing district.
5 . Default .
5 . 1 In the event the County shall fail to perform any of its obligations hereunder, the
Seller shall , at its sole option , be entitled to : (i) terminate this Agreement by written notice
delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor
any other person or party shall have any claim for specific performance , damages , or
otherwise against the County; or (ii) waive the County' s default and proceed to Closing .
5 . 2 In the event the Seller shall fail to perform any of its obligations hereunder, the
County shall , at its sole option , be entitled to : (i) terminate this Agreement by written notice
delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor
any other person or party shall have any claim for specific performance , damages or
otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions
hereof; or ( iii) waive the Seller's default and proceed to Closing :
6 . Closing .
6 . 1 The closing of the transaction contemplated herein ("Closing " and "Closing Date")
shall take place within 45 days following the execution of the contract by the Chairman of
the Board of County Commissioners . The parties agree that the Closing shall be as
follows :
(a) The Seller shall execute and deliver to the County a warranty deed conveying
marketable title to the Property, free and clear of all liens and encumbrances and in the
3
ORIGINAL
condition required by paragraph 3 .
(b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails
to do so , County may use a portion of Purchase Price funds to satisfy the encumbrances .
(c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County
an affidavit, in a form acceptable to the County , certifying that the Seller and any interest
holders are not subject to tax under the Foreign Investment and Real Property Tax Act of
1980 .
(d ) The Seller and the County shall each -deliver- to the other -such other documents or
instruments as may reasonably be required to close this transaction .
6 . 2 Taxes . All taxes and special assessments which are a lien upon the property on or
prior to the Closing Date (except current taxes which are not yet due and payable)
shall be paid by the Seller.
7 . Closing Costs ; Expenses . County shall be responsible for preparation of all Closing
documents .
7 . 1 County shall pay the following expenses at Closing :
7 . 1 . 1 The cost of recording the warranty deed and any release or satisfaction obtained by
Seller pursuant to this Agreement.
7 . 1 . 2 Documentary Stamps required to be affixed to the warranty deed .
7 . 1 . 3 All costs and premiums for the owner's marketability title insurance commitment and
policy , if any.
7 . 2 Seller shall pay the following expenses at or prior to Closing :
7 . 2 . 1 All costs necessary to cure title defect(s) or encumbrances , other than the
Permitted Exceptions , and to satisfy or release of record all existing mortgages , liens or
encumbrances upon the Property.
8 . Miscellaneous .
8 . 1 Controlling Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Florida . Venue shall be in Indian River County for all state
court matters , and in the Southern District of Florida for all federal court matters .
8 . 2 Condemnation . In the event that all or any part of the Property shall be acquired or
condemned for any public or quasi-public use or purpose , or if any acquisition or
condemnation proceedings shall be threatened or begun prior to the Closing of this
transaction , County shall have the option to either terminate this Agreement, and the
obligations of all parties hereunder shall cease , or to proceed , subject to all other terms ,
4
ORIGINAL
covenants , conditions , representations and warranties of this Agreement, to the Closing of
the transaction contemplated hereby and receive title to the Property ; receiving , however,
any and all damages , awards or other compensation arising from or attributable to such
acquisition or condemnation proceedings . County shall have the right to participate in any
such proceedings .
8 . 3 Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to this transaction and supersedes all prior agreements , written or
oral , between the Seller and the County relating to the subject matter hereof. Any
modification or amendment to this Agreement shall be effective only if in writing and
executed by each of the parties .
8 . 4 Assignment and Binding Effect. Neither County nor Seller may assign its rights and .
obligations under this Agreement without the prior written consent of the other party. The
terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and
their successors and assigns .
8 . 5 Notices . Any notice shall be deemed duly served if personally served or if mailed by
certified mail , return receipt requested , or if sent via "overnight" courier service or facsimile
transmission , as follows :
If to Seller: Debra A . Atwell
1025 Reef Road
Vero Beach , FL 32963
If to County: Indian River County
1801 27th Street
Vero Beach , FL . 32960
Attn : Land Acquisition/Louise Gates
Either party may change the information above by giving written notice of such change as
provided in this paragraph .
8 . 6 Survival and Benefit. Except as otherwise expressly provided herein , each
agreement, representation or warranty made in this Agreement by or on behalf of either
party, or in any instruments delivered pursuant hereto or in connection herewith , shall
survive the Closing Date and the consummation of the transaction provided for herein .
The covenants , agreements and undertakings of each of the parties hereto are made
solely for the benefit of, and may be relied on only by the other party hereto , its successors
and assigns , and are not made for the benefit of, nor may they be relied upon , by any other
person whatsoever.
8 . 7 Attorney's Fees and Costs . In any claim or controversy arising out of or relating to
this Agreement, each party shall bear its own attorney's fees , costs , and expenses .
8 . 8 . Counterparts . This Agreement may be executed in two or more counterparts , each
one of which shall constitute an original .
5
ORIGINAL
8 . 9 . County Approval Required : This Agreement is subject to approval by Indian River
County as set forth in paragraph 2 .
8 . 10 Beneficial Interest Disclosure : In the event Seller is a partnership , limited
partnership , corporation , trust, or any form of representative capacity whatsoever for
others , Seller shall provide a fully completed , executed , and sworn beneficial interest
disclosure statement in the form attached to this Agreement as an exhibit that complies
with all of the provisions of Florida Statutes Section 286 . 23 prior to approval of this
Agreement by the County. However, pursuant to Florida Statutes Section 286 . 23 (3) (a) ,
the beneficial interest in any entity registered with the Federal Securities and Exchange
Commission , or registered pursuant to Chapter 517 , Florida Statutes , whose interest is for
sale to the general public, is exempt from disclosure ; and where the Seller is a non-public
entity, that Seller is not required to disclose persons or entities holding less than five (5%)
percent of the beneficial interest in Seller.
8 . 11 Relocation of Personal Property: Any personal property remaining within the
proposed right-of4ay at commencement of construction , shall be deemed Cou
property .
8 . 12 "Seller acknowledges receipt of the " Notice to Owner" and understands hi
rights granted under Florida Law Chapters 73 and 74 . "
Initials
IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the
date first set forth above .
•�seAISStONboo*
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INDIAN RIVER COUNTY, FLO • •.s '�•s
BOARD OF COUNTY COMMIJ ER o
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Gary C . heeler, Chairman 'ti rA. Atwell Date
'�' . . . . . . . .�J ��
Approved by BCC , , Znr / i > ''• NRNER � .••
•rrrarrn •r•••
ATTEST .
o � Jeffrey arto7, erk Cir it Court
Deputy Clerk
?ose4phBaird ,
dApproved as to For and Legal Sufficiency:
County Ad inistrator 4ountyv I 1W
Attorney
6
� , EXHlaim
33-39-08-00001 -0040-00005.0
SKETCH AND DESCRIPTION DEBRA ANN ATWELL, 6435 ATLANTIC BLVD., VERO BEACH, FL 32966
(OFFICIAL RECORDS BOOK 1687 , PAGE 2057, I.R.CO. , FL.) P
WEST LINE OF THE EAST
315.8' OF TRACT 5
Q 08-33-39-00001 -0040-00005.0
WEST 12.79 ACRES OF EAST 25.79 ACRES
Lij S89'52' 19"E
PROPOSED NORTH R.O.W. IF 320.6'1 `
JOFo
TRACT 5 1 -o U PARCEL #25 PROPOSED F °D c
SECTION 8, T. 33 S. , RGE. 39 E . LoF- . ADDITIONAL. RIGHT OF WAY
INDIAN RIVER FARMS COMPANY SUBDIVISION z =o
P . B . 2, PG , 25, S. L. CO. , FL. 320. 6'± .
(NOW I . R. CO. , FL. ) EXISTING NORTH — — }
M N 12TH STREET / ROSEDALE ROAD
SCALE: 1 '=60' a SOUTH R.O.W. X. SECTION LINE AND TRACT LINE S89'52' 19"E
a �? NORTH R.O.W. BEARING BASIS
_- �aN _-- --SUB - LATERAL " B - 2 " CANAL
R.O.W.
— — 1.R. F.W.C .D. 30' R.O.W.
SOUTH
- — — —
33-39-08-00001 -0040- 00005.1
DEBRA ANN ATWELL, 6435 ATLANTIC BLVD., VERO BEACH, FL 32966
IF (OFFICIAL -RECORDS BOOK 1687 , PAGE 2057, I.R.CO., FL.) L.
EAST LINE OF THE WEST 363.5' OF TRACT 4IF
08-33-39-00001 -0040-00005. 1 I PCO B. POINT OF BEGINNING
EAST 12.50 ACRES OF WEST 25.0 ACRES
P . O. C. = POINT OF COMMENCEMENT
S 9'52' " R/W, R . O. W. = RIGHT- OF- WAY
PROPOSED NO 336:8'1 ^Q , I . R . F. W. C. D. = INDIAN RIVER FARMS
WATER CONTROL DISTRICT
oI F, PARCEL #24 PROPOSED Cif - � o W I . R. F. C. S. = INDIAN RIVER FARMS i
LnADDITIONAL RIGHT OF WAY z ul Z COMPANY SUBDIVISION
o J S. L. CO. , FL. = ST. LUCIE COUNTY,
. 336:8'1
FLORIDA
EXISTING NORTH R . . Q O. R . B . , PG. = OFFICIAL RECORDS BOOK
12TH STREET / ROSEDALE ROAD b AND PAGE
N M :E I . R . CO. , FL, = INDIAN RIVER COUNTY,
L ; a SOUTH R.O.W. Y4 SECTION LINE AND TRACT LINE S89'52' 19 "E FLORIDA
a J
NORTH . R.O.W. BEARING BASIS P. B . & PG. = PLAT BOOK AND
PAGE
.- .-- --.-SUB-LATERAL-----B - 2---C-ANAL----- - -- - - -
--- -- _J .R F W. C.D. 30 R.0 W _... _ - - - - - - - - - - -- -- ----
_ = - - --�-
SOUTH R.O.W.- NOT A FIELD SURVEYIF-
RIV FIFFIFF PARCEL #24 & 25, SHEET 2 OF 2-
PROJ, N0.
CARTER ASSOCIATES , INC . �E
CONSULTING ENGINEERS AND LAND SURVEYORS DWG, N0.
18874- A
1708 21ST STREET 772-562-4191 (TEL) SHEET
REVISED: 4-21 - 2010 PARCEL SIZE, DESC. , FSC VERO BEACH, FLORIDA 32960-3472 772-562- 7180
(FAX) 1 2 OF 2
1
SKETCH AND DESCRIPTION
LEGAL DESCRIPTION OF PROPOSED RIGHT OF WAY PARCEL #24: SURVEYOR ' S NOTES:
THE NORTH 50. 00 FEET OF THE SOUTH 80. 00 FEET OF THE FOLLOWING 1 . UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL
RAISED SEAL OF A FLORIDA
DESCRIBED PROPERTY: LICENSED SURVEYOR AND MAPPER THIS DRAWING, SKETCH , PLAT OR MAP
IS FOR
THE EAST 12. 50 ACRES OF THE WEST 25 ACRES OF TRACTS 4 AND 5, SOUTH INFORMATIONAL PURPOSES
ONLY AND IS NOT VALID .
OF MAIN CANAL, IN SECTION 8, TOWNSHIP 33 SOUTH , RANGE 39 EAST, AS THE 2. LANDS SHOWN HEREON
WERE NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE
SAME IS DESIGNATED ON THE LAST GENERAL PLAT OF LANDS OF THE INDIAN FOR RIGHTS- OF- WAY, EASEMENTS
OF RECORD , RESERVATIONS, OWNERSHIP ,
RIVER FARMS COMPANY SUBDIVISION, FILED IN THE . OFFICE OF THE CLERK OF ABANDONMENT, DEED RESTRICTIONS,
ZONING REGULATIONS OR SETBACK LINES, LAND
THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25; USE PLAN DESIGNATION ,
ADJOINING DEEDS OR MURPHY ACT DEEDS. THIS SKETCH IS
SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. NOT INTENDED TO DELINEATE WETLANDS,
LOCAL AREAS OF CONCERN OR ANY OTHER
SUBJECT TO ALL RIGHTS OF WAYS, RESTRICTIONS, RESERVATIONS AND JURISDICTIONAL DETERMINATION .
EASEMENTS OF RECORD, 3. THIS DESCRIPTION AND SKETCH CONSISTS OF ( 2) TWO SHEETS,
( 1 ) ONE IS NOT
CONTAINING 16,840.00 S.F. VALID WITHOUT THE OTHER .
4. THIS EXHIBIT DOES NOT INTEND TO REFLECT OR DETERMINE OWNERSHIP ,
LEGAL DESCRIPTION OF PROPOSED RIGHT OF WAY PARCEL #25: 5. THIS IS NOT A BOUNDARY SURVEY.
A FIELD SURVEY WAS NOT PERFORMED. THIS
IS A SKETCH OF LEGAL DESCRIPTION ONLY.
THE NORTH 50. 00 FEET OF THE SOUTH 80.00 FEET OF THE FOLLOWING 6 . BEARINGS (IF SHOWN ) ARE BASED ON THE NORTH
AMERICAN DATUM OF 1983
DESCRIBED PROPERTY: ADJUSTMENT OF 1990 (NAD 83/90) FLORIDA STATE PLANE COORDINATES, EAST
THE WEST 12. 79 ACRES OF THE EAST 25. 79 ACRES OF TRACT 4 AND 5, SOUTH ZONE ( 901 ) AS
REFERENCED TO THE LINE INDICATED AS "BEARING BASIS" AND ARE
OF MAIN CANAL, IN SECTION 8, TOWNSHIP 33 SOUTH , RANGE 39 EAST AS SAME GIVEN FOR THE PURPOSE
OF DETERMINING ANGLES ONLY.
IS DESIGNATED ON THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER
FARMS COMPANY SUBDIVISION , FILED IN THE OFFICE OF THE CLERK OF THE 7. RIGHT OF WAY PARCEL LEGAL DESCRIPTION WAS PREPARED BY
THE SURVEYOR
CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25; BASED ON 66TH AVENUE ROADWAY IMPROVEMENT DRAWINGS
FOR INDIAN RIVER
SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. COUNTY BY CARTER ASSOCIATES, INC.
PROJECT NUMBER 98- 23E, COUNTY PROJECT
NUMBER 9810- B, ENGINEERING NUMBER E- 987- 99, DATED NOVEMBER 2008,
SUBJECT TO ALL RIGHTS OF WAYS, RESTRICTIONS, RESERVATIONS AND
EASEMENTS OF RECORD, 8. . THE PARENT TRACT LEGAL DESCRIPTION WAS OBTAINED FROM
THE INDIAN RIVER
CONTAINING 16,030.00 S.F. COUNTY PROPERTY APPRAISER' S TAX ROLE WEB SITE. SEARCH OF
THE PROPERTY
APPRAISER' S TAX ROLE WEB SITE BEGINNING FEBRUARY 2010. AN OWNERSHIP &
ENCUMBRANCE REPORT WAS NOT FURNISHED TO . CHIS PROFESSIONAL SURVEYOR AND
MAPPER OR FIRM .
PARENT TRACTS LEGAL DESCRIPTION (O. R. B . 1687. PAGE 2059) :
CERTIFIED M.
THE WEST 12. 79 ACRES OF THE EAST 25. 79 ACRES OF TRACT 4 AND 59 SOUTH INDIAN RIVER COUNTY
OF MAIN CANAL, IN SECTION 8, TOWNSHIP 33 SOUTH , RANGE 39 EAST AS SAME %' y
IS DESIGNATED ON THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FRAO S.
CTd URESE, P . S. M . SIGNATURE DATE
FARMS COMPANY FILED IN THE OFFICE . OF THE CLERK OF THE CIRCUIT COURT FLORIDA
LICEN E No. 4765
OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25; SAID LAND LYING CARTER
ASSOCIATES, INC. L. B . 205
AND BEING IN INDIAN RIVER COUNTY, FLORIDA; ALSO THE EAST 12. 50 ACRES OF /
THE WEST 25 ACRES OF TRACTS 4 AND 5, SOUTH OF MAIN CANAL, IN SECTION R
PAJ
CEL #24 & 259 SHEET 1 OF 2
8, TOWNSHIP 33 SOUTH , RANGE 39 EAST, AS THE SAME IS DESIGNATED ON THE
LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, FILED IN CARTER ASSOCIATES J0
THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, INC .. 098- 23E4395
' FLORIDA, IN PLAT BOOK 2, PAGE 25; SAID LAND LYING AND BEING IN INDIAN CONSULTING ENGINEERS AND LAND SURVEYORS
DWG. No.
i RIVER COUNTY, FLORIDA.
18874- A
1708 21ST STREET 772-582-4191 TEL SHEET
REVISED: 4- 21 -2010 PARCEL SIZE, DESC. , FSC NOT A FIELD SURVEY VERO BEACH, FLORIDA 32960 -3472 772-582- 7180 (FAX3
1 OF 2
l
EXHIBIT B
65001P street ASHWOOD GROVE FARM / re-FENCING
MATERIALS : replace existing materials with exact or better: 50" diamond
mesh wire attached to a minimum of 54x 8' PT posts .
Corner posts and posts at 160' intervals are to be set in concrete and
fenceline braced according to industry standards with with 4x4 brace posts
and fence tension wire at corners and gates . Wire is to be attached 1"
from the ground and attached to posts that allow for 14/2 to 2" of top
board clearance above wire . Wire is pulled taught with even tension on top
and bottom before attaching to farthest concrete set post to accept line of
tension before attachment to other posts along line. Corners are not square,
but eased . ( see Horse fencing guide )
Top boards are 16' full cut PT 1"x 6"x16. Posts, after complete installation
are trimmed only slightly above top board to clear it and on a barely
perceptible diagonal to encourage moisture shedding.
ENTRY GATES : are to be removed and rehung square at exact present
height. Gates will be recessed to a distance that will allow for safely closing
while one's vehicle is parked to exit or enter 12th street-please see owner
for this distance determination at time of installation .
FINISH : Gates, fenceline and posts are painted with fenceblack paint .
All materials available through Sparr Building and Farm Supply.
Thank you
Debra Atwell
772-7134401
Prepared by qnd return to: _
Indian River County/Public Works/ROW/lgates
1801 270Sireet,, ero Beach, FL 32960-3388
PID #33-39-08-00001 -0040-00005 .0 PP#25 61g,I'k Ask Py
PID #33 -39-08-00001 -0040-00005 . 1 PP#24
TEMPORARY CONSTRUCTION EASEMENT
This TEMPORARY CONSTRUCTION EASEMENT, made and executed this
day of October, 2011 by Debra A. Atwell, a single woman, whose address is
6435 Atlantic Blvd, Vero Beach, FL 32966, hereinafter called GRANTOR to Indian
River County, a political subdivision of the State of Florida, whose address is 1801
27`n Street, Vero Beach, Florida 32960, hereinafter called GRANTEE,
WITNESSETH :
That GRANTOR, for and in consideration of the sum of ONE DOLLAR and other
consideration, receipt of which is hereby acknowledged, does hereby grant unto the
GRANTEE a TEMPORARY CONSTRUCTION EASEMENT on, over, across, and
beneath the following described land, situate in Indian River County, Florida, to-wit:
EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
This easement is for all construction incidentals related to the project. The easement shall
exist only until the completion of the construction work for the 66`n Avenue County
Project No . 9810-B .
IN WITNESS WHEREOF the GRANTOR has herein set its hand and seal the day and
year first above written.
Signed, sealed, and delivered
in the presence of:
Witness Signature /` ;G O Grantor Signature "
Printed Name:- �' c h a ebra A . Atwell
Witness Signa"e ,/
Printed Na lJ SSE60
STATE OF FLORIDA }
COUNTY OF INDIAN RIVER}
The foregoing instrument was acknowledged before me this day of fie, o i i , y
Debra A. Atwell, on behalf of same, and she is personall ' known to me
as identifier
_._ � Commission # DD 994513
Expires September 21 , 2014
pi Si ,
Bo" ft Troy Fain Inwwnce 800.38.5.)
Notary Public
r
Exhibit "A"
A strip of land 15 feet wide running north and parallel to
the following proposed right-of-way parcels :
Legal Description of proposed right of waw parcel #24 :
THE NORTH 50 FEET OF THE SOUTH 80 FEET OF THE FOLLOWING
DESCRIBED PROPERTY.
THE EAST 12 . 50 ACRES OF THE WEST 25 ACRES OF TRACTS 4 AND 5 , SOUTH
OF MAIN CANAL, IN SECTION 8 , TOWNSHIP 33 SOUTH, RANGE 39 EASE, AS
THE SAME IS DESIGNATED ON THE LAST GENERAL PLAT OF LANDS OF THE
INDIAN RIVER FARMS COMPANY SUBDIVISION, FILED IN THE OFFICE OF
THE CLERK OF THE CIRCUIT COURT OF ST LUCIE COUNTY, FLORIDA, IN
PLAT BOOK 2 , PAGE 25 ; SAID LAND LYING AND BEING IN INDAIAN RIVER
COUNTY, FLORIDA.
SUBJECT TO ALL RIGHTS OF WAYS, RESTRICTIONS , RESERVATIONS AND
EASEMENTS OF RECORD.
Legal Description of proposed right of way parcel #25 :
THE NORTH 50 FEET OF THE SOUTH 80 FEET OFR THE FOLLOWING
DESCRIBED PROPERTY;
THE WEST 12 . 79 ACRES OF THE EAST 25 . 79 ACRES OF TRACT 4 AND 5 ,
SOUTH OF MAIN CANAL, IN SECTION 8 , TOWNSHIP 33 SOUTH, RANGE 39
EAST AS SAME IS DESIGNATED ON THE LAST GENERAL PLAT OF LANDS OF
THE INDIAN RIVER FARMS COMPANY SUBDIVISION, FILED IN THE OFFICE
OF THE CLERK OF THE CIRCUIT CLESK OF ST. LOCIE COUNTY, FLORIDA, IN
PLAT BOOK 2, PAGE 25 ; SAID LAND LYING AND BEING IN INDIAN RIVER
COUNTY, FLORIDA .
SUBJECT TO ALL RIGHTS OF WAYS , RESTRICTION, RESERVATIONS AND
EASEMENTS OF RECORD .
f.
2189636
THIS DOCUMENT HAS BEEN
This instrument was prepared incident to RECORDED IN THE PUBLIC RECORDSOF INDIAN RIVER COUNTY FL
the issuance of a title insurance contract, BK : 2661 PG : 2334, Pagel of 4
and is to be returned to : 02/0112012 at 10 :23 AM, D DOCTAX PD
$010
Jason A. Beal JEFFREY K BARTON , CLERK OF
Atlantic Coastal Land Title Company, LLC COURT
3850 20th Street, Suite 4
Vero Beach, Florida 32960
ACLT File Number: 41078825
Parcel ID Number: 33-39-08-00001 -0040=00005. 0 and 33-39-08-00001 -0040=00005. 1
GENERAL WARRANTY DEED
This deed, made as of this 19th day of January, 2012 , by Debra Ann Atwell, a single person (as
Grantor) ; and Indian River County, a political subdivision of the State of Florida, whose post
office address is : 1801 27th St, Vero Beach, FL 32960 (as Grantee) ,
(Wherever used herein, the terms grantor" and 'grantee" shall include singular and plural, heirs, legal representatives, and
assigns of individuals, and the successors and assigns of corporations, partnerships or other entities; wherever the context
so admits or requires.)
WITNESSETH :
That 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 Grantee forever, all the
° right, title, interest, claim and demand which said Grantor has in and to the following described parcel of land, to wit:
The North 50 feet of the South 80.00 feet of the following described property:
The East 12 .50 acres of the West 25 acres of Tracts 4 and 5, South of Main
Canal, in Section 8, Township 33 South, Range 39 East, as the same is
designated on the last general plat of lands of the Indian River Farms Company
Subdivision, filed in the Office of the Clerk of the Circuit Court of St. Lucie
County, Florida, in Plat Book 2 , at Page 25 ; said lands now lying and being in
Indian River County, Florida.
AND :
The North 50 feet of the South 80. 00 feet of the following described property ,
The West 12. 79 acres of the East 25 . 79 acres of Tracts 4 and 5, South of Main
Canal, in Section 8, Township 33 South, Range 39 East, as the same is
designated on the last general plat of lands of the Indian River Farms Company
Subdivision, filed in the Office of the Clerk of the Circuit Court of St. Lucie
County, Florida, in Plat Book 2, at Page 25 ; said lands now lying and being in
Indian River County, Florida.
ATLANTIC COASTAL LAND TITLE COMPANY, LLC
A Full Service, Florida Title Insurance Agency
TOGETHER with 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, said Grantor has signed and sealed these presents day and year first above written.
Signed, sealed and delivered 'in the presence of
Debra Ann Atwell
zoo 1
6435 Atlantic Blvd
Vero Beach , FL 32966
State of Florida
County of Indian River
The foregoing instrument was acknowledged before me the date hereinafter given, by Debra Ann
Atwell who was/were either personally known to me; or produced identification of sufficient
character so as to identify said individual(s) with reasonable certainty; and who did/did not take an
oath.
Witness my hand and official seal in the County and State last aforesaid, this 19th day of January,
20120
o ary u is
Typef identification provided (Check One) :
[ river ' s License
[ J Passport
[ J Government (State or Federal) ID Card
( ] Resident Alien ID Card _' My COMJASONMISSION BB#ADO L823327
( J Other ; EXPIRES: October 11 , 2012
L pf eondedThorNotaryPdkUndemvit m
ATLANTIC COASTAL LAND TITLE COMPANY , LLC
A Full Service , Florida Title Insurance Agency
AND
33-39-08-00001 -0040-00005.0
A.JHIETC� Al \Tll YlESCRI� TI/-1t `J __DEBRA ANN ATWELL, 6435 ATLANTIC BLVD., VERO BEACH, FL 32966
1 8 (1,1j ! `i L (OFFICIAL RECORDS BOOK 1687 , PAGE 2057, I.R.CO. , FL. )
WEST LINE OF THE EAST 1�
315.8' OF TRACT 5
08-33-39-00001 -0040-00005,0
WEST 12.79 ACRES OF EAST 25.79 ACRES
' LJ S89'52' 19"E
PROPOSED NORTH R.O.W. 320.69±
i Z A:;T 5 0 - PARCEL #25 PROPOSED 00
C , E. ADDITIONAL RIGHT OF WAY Lo
P. E . 21 FG . 2 ~•, S. L.CO, YL . 320. 6' ± _ N
iilit Y'r I Rt r@1. , FL, ) — --
EXISTING NORTH R.O.W. }
0 N N 12TH . STREET / ROSEDALE ROAD 0
SCALE: 1 '=60' a 4 SOUTH R.O.W. Ys SECTION UNE AND TRACT LINE S89452' 19"E
J NORTH R.O.W. kBEARiNG BASIS
'1p
1N SUB - LATERAL " B - 2 " CANAL
cD CL
I .R.F.W.C.D, 30' R.O .W.
q SOUTH R .O.W.
33- 39-08-00001 -0040-00005.1
DEBRA ANN ATWELL, 6435 ATLANTIC BLVD., VERO BEACH, FL 32966
P Lo (OFFICIAL RECORDS BOOK 1687 , PAGE 2057, I.R.CO., FL) L
EAST UNE OF THE WEST 363.5' OF TRACT 4
08-33-39-00001 -0040-00005. 1 I P . O. B. POINT OF BEGINNING
EAST 12.50 ACRES OF WEST 25.0 ACRES P . O. C. = POINT OF COMMENCEMENT
r•
S89052319"E R /W, R . O. W. = RIGHT- OF- WAY
PROPOSED NORM RvOvW�
336.8' ± I . R . F. W. C. D . = INDIAN RIVER FARMS
WATER CONTROL DISTRICT
PARCEL #24 PROPOSED ro o ; , ; I . R . F. C. S. = INDIAN RIVER FARMS
AUVITIONAL RIGHT OF WAY 0 T 'o COMPANY SUBDIVISION
Z o S. L.CO. , FL. = ST. LUCIE COUNTY,
336.8t± rn FLORIDA
EXISTING NORTH R.O.W. '—' - L O. R .B . , PG. = OFFICIAL RECORDS BOOK
'
12TH STREET / ROSEDALE ROAD AND PAGE
Q M I . R . CO. , FL. = INDIAN RIVER COUNTY,
FLOa SOUTH R .O.W. / Ya SECTION LINE AND TRACT LINE S89052119"E
P . B .RI&APG. = PIAT BOOK AND PAGE
N j NORTH R .O.W. BEARING BASIS)
0 a N SUB — LATERAL " B - 2 " CANAL
I . R. F.W.C.D. 30' R.O.W.
SOUTH R .O.W. - - _ NOT A FIELD SURVEY
} - R/W PARCEL #24 & 259 SHEET 2 OF 2
• PROJ. N0,
CARTER ASSOCIATES INC . ° 4395
98- 23E
} CONSULTING ENGINEERS AND LAND SURVEYORS DWG. NO.
r 18874- A
1708 21ST STREET 772-562 -4191 (TEL SHEET
REVISED: 4- 21 - 2010 PARCEL SIZE, DESC. , FSC VERO BEACH, FLORIDA 32960 - 9472 772- 582- 7180
(FAX 2 OF 2
h
SKETCH AND DESCRIPTION
LEGAL DESCRIPTION OF PROPOSED RIGHT OF WAY PARCEL #24• SURVEYOR ' S NOTES:
THE NORTH 50. 00 FEET OF THE SOUTH 80. 00 FEET OF THE FOLLOWING 1 , UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL
RAISED SEAL OF A FLORIDA
DESCRIBED PROPERTY: LICENSED SURVEYOR AND MAPPER THIS DRAWING, SKETCH , PLAT OR
MAP IS FOR
THE EAST 12. 50 ACRES OF THE WEST 25 ACRES OF TRACTS 4 AND 5, SOUTH INFORMATIONAL PURPOSES
ONLY AND IS NOT VALID .
.OF MAIN CANAL, IN SECTION 8, TOWNSHIP 33 SOUTH ; RANGE 39 EAST, AS THE 2. LANDS SHOWN
HEREON WERE NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE
SAME IS DESIGNATED ON THE LAST GENERAL PLAT OF LANDS OF THE INDIAN FOR RIGHTS- OF- WAY,
EASEMENTS OF RECORD, RESERVATIONS, OWNERSHIP ,
RIVER FARMS COMPANY SUBDIVISION , FILED IN THE OFFICE OF THE CLERK OF ABANDONMENT, DEED
RESTRICTIONS, ZONING REGULATIONS OR SETBACK LINES, LAND
THE CIRCUIT COURT OF ST, LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25; USE PLAN DESIGNATION
, ADJOINING DEEDS OR MURPHY ACT DEEDS. THIS SKETCH IS
SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. NOT INTENDED TO DELINEATE WETLANDS,
LOCAL AREAS OF CONCERN OR ANY OTHER
SUBJECT TO ALL RIGHTS OF WAYS, RESTRICTIONS, RESERVATIONS AND JURISDICTIONAL DETERMINATION .
EASEMENTS OF RECORD, ,
3. THIS DESCRIPTION AND SKETCH CONSISTS OF ( 2) TWO SHEETS, (1 ) ONE
IS NOT
CONTAINING 16,840.00 S. F. VALID WITHOUT THE OTHER.
4. THIS EXHIBIT DOES NOT INTEND TO REFLECT OR DETERMINE OWNERSHIP,
LEGAL DESCRIPTION OF PROPOSED RIGHT OF WAY PARCEL #25 5. THIS IS NOT A BOUNDARY SURVEY.
A FIELD SURVEY WAS NOT PERFORMED . THIS
IS A SKETCH OF LEGAL DESCRIPTION ONLY.
THE NORTH 50.00 FEET OF THE SOUTH 80.00 FEET OF THE FOLLOWING 6 . BEARINGS IF SHOWN ARE BASED ON THE NORTH AMERICAN
DATUM OF 1983
DESCRIBED PROPERTY: ( )
ADJUSTMENT OF 1990 (NAD 83/90) FLORIDA STATE PLANE COORDINATES, EAST
THE WEST 12. 79 ACRES OF THE EAST 25. 79 ACRES OF TRACT 4 AND 5, SOUTH ZONE (901 ) AS
REFERENCED TO THE LINE INDICATED AS " BEARING BASIS" AND ARE
OF MAIN CANAL, IN SECTION 8, TOWNSHIP 33 SOUTH , RANGE 39 EAST AS SAME GIVEN FOR THE
PURPOSE OF DETERMINING ANGLES ONLY,
IS DESIGNATED ON THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER
FARMS COMPANY SUBDIVISION , FILED IN THE OFFICE OF THE CLERK OF THE 7. RIGHT OF WAY PARCEL LEGAL DESCRIPTION
WAS PREPARED BY THE SURVEYOR
CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25; BASED ON 66TH AVENUE ROADWAY
IMPROVEMENT DRAWINGS FOR INDIAN RIVER
SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. COUNTY BY CARTER ASSOCIATES, INC.
PROJECT NUMBER 98- 23E, COUNTY PROJECT
SUBJECT TO ALL RIGHTS OF WAYS, RESTRICTIONS, RESERVATIONS AND NUMBER 9810- B, ENGINEERING NUMBER E- 987 - 99 ,
DATED NOVEMBER 2008.
EASEMENTS OF RECORD, 8. THE PARENT TRACT LEGAL DESCRIPTION WAS OBTAINED FROM THE
INDIAN RIVER
CONTAINING 16,030.00 S. F. COUNTY PRUPERTY APPRAISER ' S TAX ROLE WCC SITE, SEARCH OF
THE PROPERTY
APPRAISER 'S TAX ROLE WEB SITE BEGINNING FEBRUARY 2010, AN OWNERSHIP &
ENCUMBRANCE REPORT WAS NOT FURNISHED TO THIS PROFESSIONAL SURVEYOR AND
MAPPER OR FIRM .
PARENT TRACTS LEGAL DESCRIPTION ( O. R. B. 1687. PAGE 2059
CERTIFIED T0:
THE WEST 12. 79 ACRES OF THE EAST 25. 79 ACRES OF TRACT 4 AND 5, SOUTH INDIAN RIVER COUNTY
- --
OF MAIN CANAL, IN SECTION 8, TOWNSHIP 33 SOUTH, RANGE 39 EAST AS SAME
IS DESIGNATED ON THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FRANK S
. COdCURESE , P . S . M . SIGNATURE DATE
FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT FLORIDA
LICENSE No. 4765
OF ST, LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25; SAID LAND LYING CARTER
ASSOCIATES, INC. L. B . 205
AND BEING IN INDIAN RIVER COUNTY, FLORIDA; ALSO THE EAST 12. 50 ACRES OF
THE WEST 25 ACRES OF TRACTS 4 AND 5, SOUTH OF MAIN CANAL, IN SECTION R/W
PARCEL #24 & 25 , SHEET 1 OF 2
8, TOWNSHIP 33 SOUTH . RANGE 39 EAST, AS THE SAME IS DESIGNATED ON THE PR
od. NO,
LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, FILED IN CARTER�ll ASS ® CI A r(
1� Cv INC , 09-4395
THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST, LUCIE COUNTY, l� .Ll 1 11 SS CIA 1 r7 1V l✓ 98- 23E
FLORIDA, IN PLAT BOOK 2, PAGE 25; SAID LAND LYING AND BEING IN INDIAN DWG.
NO,
RIVER COUNTY, FLORIDA. I CONSULTING ENGINEERS AND LAND SURVEYORS
18874- A
1708 21ST STREET 772-562-4191 (TEL) SHEET
REVISED: 4- 21 - 2010 PARCEL SIZE, DESC. , FSC NOT A FIELD SURVEY VERO BEACH, FLORIDA 32960 -3472 772-562- 7180
(FAX) 1 of 2
V4
A. Settlyement Statement t,l; S . Department of Housing
Prepared by: and Urban Development
Atlantic Coastal Land "Ctt}e Company, LLC thlUb•ti
3850 20th Street, Suite 6, Vero Beech, Florida 32860
OMS No . 2502-0265
S . e ' of Loan
1 . D FHA 2. 0 Fm
HA 3: 0 G®nv, tfrmins. � Ftt141mbor T, taiatbmeo, �. �agipc �avraroa rte.
4, 0. VA 5 , st Conv. Iles. 4107$825
C . •Nots: rft fora is fr artlfshed to 00 you a efAfi3t1 ON of ftfuef seflfetnlent rCosb* Apar ones pWd to a»d by Ole
sefffarr ent agent are shown. Items mmked 1(p.o.c.) " wom paid QuWde the losing; they are shown hater for fnformaltonal
ttr ens and art► not MrJude d 1n the fotal&
a ww rxa �ra+e�r e# 4; Indian Rioter County. a pofttfcal subdivision ofthe State of Florida
1801 27th St
Vero Bead►, FL 92964
91 w+W "aeearsftkvwr"tw Debra Ann Atwell
6435 Atlantic Blvd
Vero Beach, FL 32466
#.tyclmt�Wd961{S'.4II Ci'Ll'751iiy1).
.._..._..__..__�..._e.�._..._.__...,._�.._._.._.�_....__.•.....e.+••.._rr...... ..ren. ........... , . .5,..,,.... ... «.. .. . .. .. .;.....�.e,..
r ..-.- . .« .. « �«�....
6435 Atlantic Blvd, Vega Bosch, FL 322966
#rrr, Atlantic Coastal Land Title Company, LLC ;
MAMacNt+iarZW- 5654 20th Streat, Sults -6, Vero Beach, Florida 32960 � Janus . tttilh 201.2
-MA -110N
fiA t S'
1004 GROSS AMOUNT DUE FROM BORRO14VER *
14013* GROSS AMOUNT DUE TO SELLER :
101 Contract Sales isnot* 420073 00 401 . Cor11ract Sales Price _; $ 4211373:00
102 . t+6taftir f Taos .,. . . , 5 50b 6?0 402 Mrs i % ai Trees . .
103 Settlementries to borrower , $ _ 4361A2 40 W„ «
I
1044 44?A I
_ ,4193 ,
ADJUSTMENTS FOA ITEMS PAID BY SELLER IN ADVANCE: ADJUSTME" FOR ITEMS PAID BY SELLER IN ACVAl 6.:
t 47 , Counjyjaxes Clnsvt,' ate to 1213 # $ 05,00 407 . County Taxes Close Mate to 112J31
106Assessments is 409 , Assessments to
lost 409
#1
11 _ a 410 _ -
111 _ _ 4t1 .
412 .
120. GROSS DUE Fid BORROWER : 5 48,234.62 420. GROSS OUETO SELLER: III, a.7t66'i_3*00
W*11MAN L0111011
201 osil or earnest rnonq N 501 . SxCgea damns ! sea instruclirns
2084 Principal amt of now loan $ 0,00 502. Settlemenl Charges to sailer � � 0 =
203 Exrsibr boar s takeim Subject 4tr _._ _ . ..._ _._ . _5438 ExIsUpioana taken subjpclto ._. . .� _. _... . . ._ .. __.
204v 504 , Pa off of first mortgage loan
205 5050 p cif__f of second m ntyw loan
2p#1 506
20E. 5118 ,
.209. 509.
ADJUuTlS ENTS ' FOFi. 1TE +tIS UNPAID 9Y SELLER: ADJUSTMENTS FOR ITEMS UNPAID BY SELLER,
211 Coun!x faxes 1f1 - Close, Date I $ 00D 511 County taxes tit Cfase tate 0100
212 ents s
Asessmto
�. . _ .. .. „_., 512Assessmarlts to a
213. 519 .
214 o-. .. . .< „w ._ , �. .». .� $ 14 w . . ,., P_ - - • -,. _ � _ _._
215 , . 5156
5164
_ 217 , _i__.. . ._ 517 _: _._t _. w. . _..
218 , . _ , . __ _. . _. ._. _ .__... _..... . _ . . . .,_ 516 . . . . .. __. . ._.__, ._._ .
220. TOTAL PAID DYdFG2 , Q.470 TOTAL C�'ICNS IN � 0>40
AMOUNT DUE TO SELLER: 1
301 Grass ant clue from borrower 8 48 234 62 601 Gross amt due to aetler i ._ 47.573,x30
n _ . .a r.,.a .. > . ..., _. rocs a _ . . .. a._
3D2. Less amt paid bticlr borrower $ 0.00 642. Less rsducteons in amt due seller $: 0.00
303. GASH FROM aORRGWER: 3 46:,234.62 603. CASH TO SELLER, 5 47,573 0t!
HUD- 1 (3.66) RESP,A, HB 43051
L. SETTLEMENT CHARGES
700. TOTAL SALESIBROK1 RS COMMISSION: $, BASED ON PRICE OF PAID FROM ' PAD FROM
4Z 073.00 BOtROWERS ': SELLER'S
■ • aU WkI61111[giz= FUNDS AT FUNOS AT
7111 _ ._ M . ., SETTLEMENT i SETTLEMENT
7024 $ to
703. Cne Joe ke"si".:.:.- e .. ... _ _ . .. .
. . .._. _ ,.. _,. .. , . _ , 'eller
m _ _,.___
Y�rt aid at sattlement
901 Wan 0#glinatlon fere Ira to
802 Loan Cisaaunt % t4 .
843 A�raisai Foe to
1
, 03
804, Credit Railort to:
805. Lendofe Inspecti n lea to,
8013 Mortgage Insurance alppl'fcatlan tattoo
well
84'. Assumption tee to
atte .,,...
"Or loolleftell
810.
. _.__ leg. l ., d .
ate
1# 13 .., ,_ _ .__.__. _. �„l, . , , ,.. ,
m _ ,. . �_, . _. _.. _ .,.,Mw„
814
00011111
IP11111ally
901 interest tram is i $ 7day
Nl� reel 0,1
11002._Mortgage insufanco romium for mos 14 _ - __ ,.
943. I^lazard insurance arnlum 161 Yfs to
4 Flood inswance rertliurlt -for yrs to
'30 , _ _ , _ �. R p ..
8115:
icoon RESERVES DEPOSITED as
1001 . Hazard insurance months LZPer month
IOD24 Wtt a Insurance months 0 $ r month
1004, Chun textta to l000ks 4i? mr month
1048. Florid Insurance
1007. A me ate Ad ustment Amount
li00OO TITLE CHARGES *
1141 Settlement or ct Co any, LLC' S _ 225 40 3 , COW
1162 Abstract at title setxrei� .lc Atlatttic Cadet l l end Title Cor1m !att , L�Lt» 95400 3 0woo
_ , _
1103 Title Exam inallion toto Atlantic Coastal Lend Tine Cnp"an , LLCIWoole
*ejOrl do ,
1 i Ok Title Insurance binder. to
1105 Docurrwn:t pre ' wlafttia0
11061., Notary fees to
lee
11l 7. Attorney's fess to _
114184 Tile Insurance to Atlantic Caaelta1 Land Title Coo LLC Risk $241 ,92 241 ;92 13 0000
I 1090 Lander's coverage $
I 1 It0 Ownlet'C20yteta e $ 42,,4173 .04
1111 1059-5 %R rtingl to EwySoft USA $ 10400 +
1111wMloAl Wire Transf®r Fee to CentarStaate BankOrlre w
It 134 Escuow Pale 01 llal ArchivoiScannina Fee to Forensis $ 20 041
11144
1115.
- ... . .
120D. GOVERNMENT RECORDING : . +
1241 Racarcting tees ; Deed $ ; Mortgage $; _Releases S
1203 Or 0 Slate ba�stam Dood $ MarjLVe
._....- ,. . Tam
1204 , Intartlx ran 4rta9 $ 0 00 _
_ x - _. _ _
12050 Conn auction E,asem6nt
w, . _._
t2o9. l
rr
rer
Y0. ADDITIONAL
I 302. Past inspection to
1303. Express dativefy teas to Attlantla Codstat tend 1100 Coln an LLC
1604. Wire trsurster tees to Atlentle Coastal Land 71tie Company*
1305. Digital Archive/File q5jMLnq Fee to Forendis
µ
1306r
1307.
13411 eel
1305.
_. ..._ ,.. ., ,_, _. . . ...... _ _ . , ..,._: .� ._. _ _ . . .. _ _ _ ., ,.. _ . . ,.- ... . . .,
,. r �_ . . . .. . . m _ .
1310 mm.,o...
w
1911 e lee. %l,l,l ller, rel... r,r re,,...eererr,ll lee, lereere WI }
1312 . 11 WOO
t44d3. TOTAL SETTLEMENT CHARGES truer epwina ads. 3ucitarsd - ffna w W* 502. secet0,q Kt ' ,'iw' 661 *62 ' $ OrOD
V �
I haus-caretUtyrevlewed the MUCI• t Settlement Statelnerot and to the best of "aY Ifge and belief, k is alive and accurate
statement of al reealptt and disburserttents made on m y account or by me � MS transwofionn t further certify that t have
roceived a copy of ft HUDff1 Settlement Statenwril.
Bor8 , eSeNer --
Irl Goa
hTj
VV Ham DeBrnaf, Doputy County Sotto y L ra Sti?rt At ueti
1
f
Snrna 00by1s roftercted hereon may be based on good °faith estimates that.require post•dusing adjustment Any vats mons In
mal Ccss from those reflected t1erison that result in ovetchaWs or undercharges net in excess of $2&00 tp arty early shall
be credited toor debited awnst closing fees charged lxy Attanlfe Coastal Land Title Company, LLC. it is further understood,
and the parties hereto agree, that all t€riftds received by AtIarift Goastai Land "title Company, LLC may be placed 'in esDrove
accoiurits that may be suplect to Civarnight Repurchase Agnueniont€ between Atlantic Coastal and its dowsitory bink
Interest earned as the result of such agreements, ii any, is thte prmpevy of Atlantic Coastal LwId Title Cwjpapy, LLC
T11v HUD1 S(ttlernent Stalorrient vollich I have prepared is a true and accvralo a a unt at *, pis
ua 0 cmise the hinds to be disbursed h, accorater voth this statttment.:
E
Allan , tat 't'Etie otnpan MAIC Sanlemera Agem)
sing Owe: January 1Sth, 201
3
WARNING: It is a crime to knovA gly make false statements to the United Sales on this or any other similar form. Penalties
upon conviction can include a brae or imprisonment. For details see, Me 10 Lf, & Bode Section 1041 and Seclioer 101 Of
t
t
E
3
I
1
y'
OWNER ' S POLICY OF TITLE INSURANCE
tp (with Florida Modifications)
Policy Number OXFL =08070637 File Number: 41078825
*
Issued by Old Republic National Title Insurance Company
Any notice of claim and any other notice or statement in writing required to be given to the
* * Company under this Policy must be given to the Company at the address shown in Section 18
of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B. AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation (the " Company' ) insures,
as of Date of Policy, against loss or damage , not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1 . Title being vested other than as stated in Schedule A.
2 . Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a ) A defect in the Title caused by
( i ) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
-f ( ii ) failure of any person or Entity to have authorized a transfer or conveyance;
( iii ) a document affecting Title not properly created, executed, witnessed , sealed, acknowledged, notarized , or delivered;
( iv► failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired , or otherwise invalid power of attorney;
NO a document not properly filed , recorded, or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law; or
¢' (vii ) a defective judicial or administrative proceeding .
r (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid
.
' ( c ) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate
and complete land survey of the Land . The term "encroachment" includes encroachments of existing improvements located on the Land
onto adjoining land , and encroachments onto the Land of existing improvements located on adjoining land ,
3 . Unmarketable Title .
4. No right of access to and from the Land .
I
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation ( including those relating to building and zoning )
restricting,
regulating, prohibiting , or relating to
( a ) the occupancy, use, or enjoyment of the Land ;
( b) the character, dimensions , or location of any improvement erected on the Land ;
(c) the subdivision of land ; or
(d ) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce
, but only to
i, the extent of the violation or enforcement referred to in that notice .
In Witness Whereof, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, has caused this policy to be signed and sealed as of Date of Policy
shown in Schedule A, the policy to become valid when countersigned by an authorized signatory of the Company.
Policy Issuer:
Countersigned: ATLANTIC COASTAL LAND TITLE COMPANY, LLC
3850 20TH STREET, STE 4 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
VERO BEACH , FL 32960 A Stock Company
PHONE : 772.569.4364
400 Second Avenue South, Minneapolis, Minnesota 55401
�,.--- (612) 3714111
By F President
Authorized Officer or Licensed Agent
-- ORT Form 4309 FL Attest Secreta
ALTA Owners Policy of Title Insurance 64 7.06 (with Florida Modifications) ry
is
I
2
3
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the
enforcement
action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in
that notice.
' 7 . The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land , is recorded in
the Public Records .
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge .
9. Title being vested other than as stated in Schedule A or being defective
(a ) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of
all or any part of
the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior
transfer
constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors ' rights laws; or
( b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,
state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records
( i ) to be timely, or
( ii ) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created
or attached or has
been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument
of transfer in the
Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs , attorneys ' fees , and expenses incurred in defense of any matter insured against by this Policy,
but only to the
extent provided in the Conditions .
ti
A.
EXCLUSIONS FROM COVERAGE
` The following matters are expressly excluded from the coverage of
( b) not Known to the Company, not recorded in the Public
this policy, and the Company will not pay loss or damage, costs , Records at Date of Policy, but Known to the Insured Claimant
attorneys` fees, or expenses that arise by reason of: and not disclosed in writing to the Company by the Insured
Claimant prior to the date the Insured Claimant became an
1 . ( a ) Any law, ordinance, permit, or governmental regulation Insured under this policy;
( including those relating to building and zoning ) restricting , ( c) resulting in no loss or damage to the Insured Claimant;
regulating, prohibiting , or relating to (d ) attaching or created subsequent to Date of Policy; or
` ( e ) resulting in loss or damage that would not have been
( i ) the occupancy, use , or enjoyment of the Land ; sustained if the Insured Claimant had paid value for the Title .
( ii ) the character, dimensions, or location of any
improvement erected on the Land; 4. Any claim , by reason of the operation of federal bankruptcy, state
( iii ) the subdivision of land ; or insolvency, or similar creditors ' rights laws, that the transaction
( iv) environmental protection; vesting the Title as shown in Schedule A, is
or the effect of any violation of these laws , ( a ) a fraudulent conveyance or fraudulent transfer; or
ordinances , or governmental regulations . This ( b) a preferential transfer for any reason not stated in Covered
Exclusion 1 ( a ) does not modify or limit the Risk 9 of this policy.
coverage provided under Covered Risk 5.
( b) Any governmental police power. This Exclusion 1 ( b) does 5. Any lien on the Title for real estate taxes or assessments imposed
not modify or limit the coverage provided under Covered Risk 6. by governmental authority and created or attaching between Date
of Policy and the date of recording of the deed or other instrument
2. Rights of eminent domain . This Exclusion does not modify or limit of transfer in the Public Records that vests Title as shown
in
the coverage provided under Covered Risk 7 or 8. Schedule A.
3. Defects, liens, encumbrances, adverse claims , or other matters
(a) created , suffered, assumed , or agreed to by the Insured
Claimant;
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6.17.06 (with Florida Modifications)
Page 2
i
CONDITIONS
1 . DEFINITION OF TERMS purchase , lease , or lend if there is a contractual condition requiring
The following terms when used in this policy mean : the delivery of marketable title .
( a ) "Amount of Insurance" : The amount stated in Schedule A, as may
be increased or decreased by endorsement to this policy, increased 2. CONTINUATION OF INSURANCE
by Section 8(b), or decreased by Sections 10 and 11 of these Conditions . The coverage of this policy shall continue in force
as of Date of
( b) " Date of Policy" : The date designated as " Date of Policy" in Policy in favor of an Insured , but only so long as
the Insured retains
Schedule A . an estate or interest in the Land , or holds an obligation secured by
(c ) " Entity' : A corporation , partnership, trust, limited liability a purchase money Mortgage given by a purchaser from the
Insured ,
company, or other similar legal entity. or only so long as the Insured shall have liability by reason of
warranties in any transfer or conveyance of the Title . This policy
(d ► " Insured " : The Insured named in Schedule A. shall not continue in force in favor of any purchaser from the
( i ) The term " Insured " also includes Insured of either ( i ) an estate or interest in the Land , or ( ii ) an
(A) successors to the Title of the Insured by operation of law as obligation secured by a purchase money Mortgage given to the
distinguished from purchase, including heirs, devisees, survivors, Insured .
personal representatives, or next of kin;
(B ) successors to an Insured by dissolution , merger, consolidation, 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
distribution , or reorganization ; The Insured shall notify the Company promptly in writing ( i ) in case
( C) successors to an Insured by its conversion to another kind of of any litigation as set forth in Section 5( a ) of these
Conditions, ( ii )
Entity; in case Knowledge shall come to an Insured hereunder of any claim
( D ) a grantee of an Insured under a deed delivered without of title or interest that is adverse to the Title, as insured ,
and that
payment of actual valuable consideration conveying the Title might cause loss or damage for which the Company may be liable
( 1 ) if the stock, shares, memberships , or other equity by virtue of this policy, or ( iii ) if the Title , as insured ,
is rejected as
interests of the grantee are wholly-owned by the Unmarketable Title . If the Company is prejudiced by the failure of
named Insured , the Insured Claimant to provide prompt notice , the Company's
na
naif the grantee wholly owns the named Insured , liability to the Insured Claimant under the policy shall be reduced
( 3 ) if the grantee is wholly-owned by an affiliated to the extent of the prejudice.
Entity of the named Insured, provided the affiliated 4. PROOF OF LOSS
Entity and the named Insured are both wholly owned In the event the Company is unable to determine the amount of
by the same person or Entity, or loss or damage, the Company may, at its option, require as a condition
(4) if the grantee is a trustee or beneficiary of a trust of payment that the Insured Claimant furnish a signed proof of loss
,
created by a written instrument established by the The proof of loss must describe the defect, lien , encumbrance, or
Insured named in Schedule A for estate planning other matter insured against by this policy that constitutes the
purposes , basis of loss or damage and shall state, to the extent possible , the
( ii ) With regard to (A), ( B ), ( C), and ( D ) reserving , however, all rights basis of calculating the amount of the loss
or damage .
and defenses as to any successor that the Company would have had
5. DEFENSE AND PROSECUTION OF ACTIONS
against any predecessor Insured .
( e ) " Insured Claimant" : An Insured claiming loss or damage . (a ) Upon written request by the Insured, and subject to
the options
(f) " Knowledge " or " Known " : Actual knowledge, not constructive contained in Section 7 of these Conditions, the Company,
at its
ct knowledge or notice that may be imputed to an Insured by reason of own cost and without unreasonable delay, shall provide
for the
the Public Records or any other records that impart constructive defense of an Insured in litigation in which any third party
asserts
a claim covered by this policy adverse to the Insured. This obligation
or
notice of matters affecting the Title . is limited to only those stated causes of action alleging matters
( g ) "Land" : The land described in Schedule A, and affixed improvements insured against by this policy. The Company shall
have the right to
that by law constitute real property. The term " Land " does not select counsel of its choice (subject to the right of the
Insured to
include any property beyond the lines of the area described in object for reasonable cause ) to represent the Insured as to those
Schedule A, nor any right, title, interest, estate, or easement in stated causes of action . It shall not be liable for
and will not pay
abutting streets, roads, avenues, alleys, lanes , ways, or waterways, the fees of any other counsel . The Company will not pay
any fees,
but this does not modify or limit the extent that a right of access to costs, or expenses incurred by the Insured in the defense
of those
and from the Land is insured by this policy. causes of action that allege matters not insured against by this policy.
( h ) " Mortgage" : Mortgage, deed of trust, trust deed, or other security ( b) The Company shall have the right, in addition to
the options
instrument, including one evidenced by electronic means authorized contained in Section 7 of these Conditions, at its own cost,
to
by law. institute and prosecute any action or proceeding or to do any
( i ) "Public Records" : Records established under state statutes at other act that in its opinion may be necessary or desirable
to
Date of Policy for the purpose of imparting constructive notice of establish the Title , as insured , or to prevent or reduce
loss or
matters relating to real property to purchasers for value and without damage to the Insured . The Company may take any appropriate
Knowledge. With respect to Covered Risk 5141, " Public Records " action under the terms of this policy, whether or not it
shall be
liable to the Insured . The exercise of these rights shall not be an
shall also include environmental protection liens filed in the records admission of liability or waiver of any provision of this
policy.
of the clerk of the United States District Court for the district where If the Company exercises its rights under this subsection,
it must
the Land is located . do so diligently.
(j ) "Title " : The estate or interest described in Schedule A. (c ) Whenever the Company brings an action or asserts a
defense
( k) " Unmarketable Title " : Title affected by an alleged or apparent as required or permitted by this policy, the Company may pursue
matter that would permit a prospective purchaser or lessee of the the litigation to a final determination by a court of competent
Title or lender on the Title to be released from the obligation to jurisdiction, and it expressly reserves the right, in its
sole
ORT Form 4309 FL discretion , to appeal , any adverse judgment or order.
ALTA Owners Policy of Title Insurance 6-1706 (with Florida Modifications) Page 3
s
CONDITIONS ( con 't)
6. DUTY OF INSURED CLAIMANT TO COOPERATE policy. In addition, the Company will pay any costs, attorneys ' fees ,
( a ) In all cases where this policy permits or requires the Company and expenses incurred by the Insured Claimant that were authorized
to prosecute or provide for the defense of any action or proceeding by the Company up to the time of payment and that the Company
is
and any appeals , the Insured shall secure to the Company the right obligated to pay; or
to so prosecute or provide defense in the action or proceeding , ( ii ) to pay or otherwise settle with the Insured Claimant
the loss or
including the right to use, at its option, the name of the Insured for damage provided for under this policy, together with any
costs,
this purpose . Whenever requested by the Company, the Insured, attorneys' fees, and expenses incurred by the Insured Claimant that
at the Company' s expense , shall give the Company all reasonable were authorized by the Company up to the time of payment and that
aid ( i ) in securing evidence , obtaining witnesses , prosecuting or the Company is obligated to pay.
` defending the action or proceeding , or effecting settlement, and
( ii ) in any other lawful act that in the opinion of the Company may Upon the exercise by the Company of either of the options
provided
be necessary or desirable to establish the Title or any other matter for in subsections ( b)( i ) or ( ii ), the Company' s obligations
to the
as insured . If the Company is prejudiced by the failure of the Insured under this policy for the claimed loss or damage, other
than
Insured to furnish the required cooperation , the Company's obligations the payments required to be made, shall terminate, including any
T to the Insured under the policy shall terminate , including any liability or obligation to defend , prosecute, or continue any
liability or obligation to defend, prosecute, or continue any litigation, litigation .
with regard to the matter or matters requiring such cooperation .
( b) The Company may reasonably require the Insured Claimant to 8. DETERMINATION AND EXTENT OF LIABILITY
submit to examination under oath by any authorized representative This policy is a contract of indemnity against actual monetary loss or
of the Company and to produce for examination , inspection , and damage sustained or incurred by the Insured Claimant who has suffered
copying , at such reasonable times and places as may be designated loss or damage by reason of matters insured against by this policy,
by the authorized representative of the Company, all records, in ( a ) The extent of liability of the Company for loss or damage
under
whatever medium maintained , including books , ledgers, checks, this policy shall not exceed the lesser of
memoranda , correspondence, reports , e-mails, disks , tapes, and ( i ) the Amount of Insurance; or
videos whether bearing a date before or after Date of Policy, that ( ii ) the difference between the value of the Title as insured
and the
reasonably pertain to the loss or damage. Further, if requested by value of the Title subject ,to the risk insured against by this
policy,
any authorized representative of the Company, the Insured Claimant ( b) If the Company pursues its rights under Section 5 of these
shall grant its permission, in writing, for any authorized representative Conditions and is unsuccessful in establishing the Title, as insured
,
of the Company to examine , inspect, and copy all of these records ( i ) the Amount of Insurance shall be increased by 10 % ,
and
in the custody or control of a third party that reasonably pertain to ( ii ) the Insured Claimant shall have the right to have the
loss or
the loss or damage . All information designated as confidential by damage determined either as of the date the claim was made
by
the Insured Claimant provided to the Company pursuant to this the Insured Claimant or as of the date it is settled and paid.
Section shall not be disclosed to others unless, in the reasonable (c) In addition to the extent of liability under ( a ) and
( b), the Company
judgment of the Company, it is necessary in the administration of will also pay those costs , attorneys' fees, and expenses incurred
in
the claim . Failure of the Insured Claimant to submit for examination accordance with Sections 5 and 7 of these Conditions,
under oath , produce any reasonably requested information, or
grant permission to secure reasonably necessary information from g, LIMITATION OF LIABILITY
third parties as required in this subsection, unless prohibited by ( a) If the Company establishes the Title , or removes the alleged
law or governmental regulation , shall terminate any liability of the defect, lien , or encumbrance , or cures the lack of a right
of access
Company under this policy as to that claim. to or from the Land , or cures the claim of Unmarketable Title , all as
insured, in a reasonably diligent manner by any method, including
7 . OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; litigation and the completion of any appeals, it shall have fully
TERMINATION OF LIABILITY performed its obligations with respect to that matter and shall not
In case of a claim under this policy, the Company shall have the be liable for any loss or damage caused to the Insured .
following additional options : ( b) In the event of any litigation , including litigation by the Company
( a) To Pay or Tender Payment of the Amount of Insurance . or with the Company's consent, the Company shall have no liability
To pay or tender payment of the Amount of Insurance under this for loss or damage until there has been a final determination
by a
policy together with any costs, attorneys ' fees , and expenses court of competent jurisdiction , and disposition of all appeals ,
incurred by the Insured Claimant that were authorized by the adverse to the Title, as insured .
Company up to the time of payment or tender of payment and that ( c ) The Company shall not be liable for loss or damage to the
the Company is obligated to pay. Insured for liability voluntarily assumed by the Insured in settling
Upon the exercise by the Company of this option , all liability and any claim or suit without the prior written consent of the Company.
obligations of the Company to the Insured under this policy, other
than to make the payment required in this subsection, shall terminate, 10 . REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
including any liability or obligation to defend, prosecute, or Contin - OF LIABILITY
ue any litigation . All payments under this policy, except payments made for costs,
( b) To Pay or Otherwise Settle With Parties Other Than the Insured attorneys ' fees , and expenses, shall reduce the Amount of Insurance
or With the Insured Claimant. by the amount of the payment.
( i ) to pay or otherwise settle with other parties for or in the
name of an Insured Claimant any claim insured against under this
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance &17.06 (with Florida Modifications) Page 4
CONDITIONS ( con 't)
11 . LIABILITY NONCUMULATIVE 15 . LIABILITY LIMITED TO THIS POLICY, POLICY ENTIRE
The Amount of Insurance shall be reduced by any amount the Company CONTRACT
pays under any policy insuring a Mortgage to which exception is taken CCThis policy together with all endorsements, if any, attached to
it
in Schedule B or to which the Insured has agreed , assumed , or taken by the Company is the entire policy and contract between the
subject, or which is executed by an Insured after Date of Policy and Insured and the Company. In interpreting any provision of
this
which is a charge or lien on the Title, and the amount so paid shall be policy, this policy shall be construed as a whole
.
deemed a payment to the Insured under this policy. ( b) Any claim of loss or damage that arises out of the status of the
Title or by any action asserting such claim whether or not based on
12 . PAYMENT OF LOSS negligence shall be restricted to this policy.
When liability and the extent of loss or damage have been definitely (c) Any amendment of or endorsement to this policy must be
in
fixed in accordance with these Conditions, the payment shall be made writing and authenticated by an authorized person , or expressly
within 30 days. incorporated by Schedule A of this policy.
13 . RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT ( d ) Each endorsement to this policy issued at any time is made a
part of this policy and is subject to all of its terms and provisions.
(a) Whenever the Company shall have settled and paid a claim Except as the endorsement expressly states , it does not ( i ) modify
under this policy, it shall be subrogated and entitled to the rights of any of the terms and provisions of the policy, ( ii )
modify any prior
the Insured Claimant in the Title and all other rights and remedies endorsement, ( iii ) extend the Date of Policy, or ( iv)
increase the
in respect to the claim that the Insured Claimant has against any Amount of Insurance,
person or property, to the extent of the amount of any loss, costs,
attorneys ' fees , and expenses paid by the Company. If requested 16 . SEVERABILITY
by the Company, the Insured Claimant shall execute documents to In the event any provision of this policy, in whole or in
part, is held
evidence the transfer to the Company of these rights and remedies . invalid or unenforceable under applicable law, the policy shall
be
The Insured Claimant shall permit the Company to sue, compromise, deemed not to include that provision or such part held to be invalid
, but
or settle in the name of the Insured Claimant and to use the name all other provisions shall remain in full force and
effect.
of the Insured Claimant in any transaction or litigation involving
these rights and remedies . 17 . CHOICE OF LAW, FORUM
If a payment on account of a claim does not fully cover the loss of ( a ) Choice of Law: The Insured acknowledges the Company
has
the Insured Claimant, the Company shall defer the exercise of its underwritten the risks covered by this policy and determined
the
right to recover until after the Insured Claimant shall have recovered premium charged therefor in reliance upon the law affecting
interests
its loss. in real property and applicable to the interpretation, rights, remedies,
( b) The Company's right of subrogation includes the rights of the or enforcement of policies of title insurance of the jurisdiction
Insured to indemnities, guaranties, other policies of insurance, or where the Land is located .
bonds , notwithstanding any terms or conditions contained in those Therefore, the court or an arbitrator shall apply the law of the
instruments that address subrogation rights . jurisdiction where the Land is located to determine the validity of
claims against the Title that are adverse to the Insured and to
14. ARBITRATION interpret and enforce the terms of this policy. In neither case shall
Unless prohibited by applicable law, arbitration pursuant tothe Title the court or arbitrator apply its conflicts of law principles to
deter
Insurance Arbitration Rules of the American Arbitration Association mine the applicable law.
may be demanded if agreed to by both the Company and the Insured at
( b) Choice of Forum : Any litigation or other proceeding brought by
the time of a controversy or claim . Arbitrable matters may include, but the Insured against the Company must be filed only in a state
or
are not limited to, any controversy or claim between the Company and federal court within the United States of America or its territories
the Insured arising out of or relating to this policy, and service of the having appropriate jurisdiction.
Company in connection with its issuance or the breach of a policy
provision or other obligation . Arbitration pursuant to this policy and 18 . NOTICES, WHERE SENT
under the Rules in effect on the date the demand for arbitration is Any notice of claim and any other notice or statement in
writing
made or, at the option of the Insured, the Rules in effect at Date of required to be given to the Company under this policy must
be given to
Policy shall be binding upon the parties . The award may include the Company at 400 Second Avenue South , Minneapolis ,
attorneys' fees only if the laws of the state in which the Land is Minnesota 55401 -2499, Phone : 612-371 - 1111 .
located permit a court to award attorneys' fees to a prevailing party.
Judgment upon the award rendered by the Arbitrator( s ) may be
entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules .
A copy of the Rules may be obtained from the Company upon request .
ORT Form 4309 FL
ALTA Owners Policy of Tito Insurance 6.17-06 (with Florida Modifications)
Page 5
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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 : 41078825
Policy No : OXFL-08070637
Effective Date : February 1 , 2012 at 10 : 23 AM
Amount of
Insurance , $ 42 ,073 . 00
1 . The Insured hereunder, in whom title to the fee simple estate is vested at the date hereof, is :
Indian River County, 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 :
The North 50 feet of the South 80.00 feet of the following described property :
The East 12 .50 acres of the West 25 acres of Tracts 4 and 5 , South of Main
Canal, in Section 8, Township 33 South, Range 39 East, as the same is
designated on the last general plat of lands of the Indian River Farms Company
Subdivision, filed in the Office of the Clerk of the Circuit Court of St. Lucie
County, Florida, in Plat Book 2 , at Page 25 ; said lands now lying and being in
Indian River County, Florida.
AND :
Pol I - Policy Insert Page I
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� P�� PATNA s IT NS CE COMPANY
vF xrn ' E6 F A 12
Si � teee
- L� y yG3 : ka £Yy¢ r p
F, V I"ol�cy > h
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x ter . lie
The North 50 feet of the South 80.00 feet of the following described property ,
The West 12 . 79 acres of the East 25 . 79 acres of Tracts 4 and 5, South of Main
Canal, in Section 8, Township 33 South , Range 39 East, as the same is
designated on the last general plat of lands of the Indian River Farms Company
Subdivision, filed in the Office of the Clerk of the Circuit Court of St. Lucie
County, Florida , in Plat Book 2 , at Page 25 ; said lands now lying and being in
Indian River County, Florida.
Countersi
eg
Authorized Signatory
ATLANTIC COASTAL LAND TITLE COMPANY, LLC
3850 20`h Street, Suite 4, Vero Beach , Florida 32960
Telephone : 772-569-4364
Pol I - Policy Insert Page 2
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s LDEPIIII A" } T S E SRA Sr,E �CO 1 /
O T>Itl� 1 > 11'a11�` P011c
Y
':` y3F l : S
.. ., , ,. ,, , ��h. . .• .I , .x� _ . . -�. .<. s . , s .s -_. .. .. . . . . _ '�, r>, r -.;.:. .� .?�i.. . - 6 , ,• :.
-,�e . , ,. �i .: .. .'.* .
Agent's File No : 41078825
Policy No : OXFL=08070637
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) Any encroachment, encumbrance, violation, variation, or adverse circumstances affecting the Title that
would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes
encroachments of existing improvements located on the Land onto adjoining land, and encroachments on the Land
of the existing improvements located on adjoining land .
(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 -ww 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 2012 and subsequent years .
4 . Ditches , canals and road rights of way (if any), as reserved or described on the plat of
INDIAN RIVER FARMS COMPANY, as recorded in Plat Book 2 , at Page 25, of the Public
Records of St. Lucie County, Florida.
5. Reservations in favor the State of Florida, as reserved and according to instrument recorded
in Deed Book 35 , at Page 183 (TIIF Deed Number 191 ).
In accordance with Title 42 United States Code, Section 3604, any covenants, conditions or restrictions referred to
herein, which indicate arty preference, limitation or discrimination based on race, color, religion, sex, handicap, familial
status or national origin, are hereby deleted.
Pol I - Policy Insert Page 3
de
f' FL
er's > tC nsuranCe po1><cynd: te
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.
Note 2 : All 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 1 - Policy Insert Page 4
Fart of Parcel ## 33-39-08-00001 -0040-00005 . 0 and 33-39-08-00001 -0040=00005 . 1
Purchased by Indian River County from Debra Ann Atwell
Public Purpose: 12th Street right-of-way
RESOLUTION NO , 2012 - 101
A RESOLUTION OF INDIAN RIVER
COUNTY, FLORIDA , CANCELLING
CERTAIN TAXES UPON PUBLICLY OWNED
LANDS , PURSUANT TO SECTION 196 . 28 ,
FLORIDA STATUTES .
WHEREAS , section 196 . 28 , Florida Statutes , allows the Board of
County Commissioners of each County to cancel and discharge any and all liens
for taxes , delinquent or current , held or owned by the county or the state , upon
lands heretofore or hereafter conveyed to or acquired by any agency ,
governmental subdivision , or municipality of the state , or the United States , for
road purposes , defense purposes , recreation , reforestation , or other public use ,
and
WHEREAS , such cancellation must be by resolution of the Board of
County Commissioners , duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are or
will be devoted , and
WHEREAS , upon receipt of a certified copy of such resolution , proper
officials of the county and of the state are authorized , empowered , and directed
1
RESOLUTION NO . 2012 = 1ol
to make proper entries upon the records to accomplish such cancellation and to
do all things necessary to carry out the provisions of section 196 . 28 , F . S . ;
NOW , THEREFORE , BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, that:
1 . Any and all liens for taxes delinquent or current against the following
described lands purchased from Debra Ann Atwell for 12th Street right-of-way ,
are hereby cancelled pursuant to the authority of section 196 . 28 , F . S .
See attached General Warranty Deed recorded in
Book 2551 , Pages 2334=2337 , Public Records of
Indian River County, Florida .
2 . The Clerk to the Board of County Commissioners is hereby
directed to send a certified copy of this resolution to the Tax Collector and the
Property Appraiser with a copy to each of Fixed Assets , Budget, and the County
Attorney' s Office .
The resolution was moved for adoption by Commissioner Flescher ,
and the motion was seconded by Commissioner Davis and , upon
being put to a vote , the vote was as follows :
2
RESOLUTION NO , 2012 = lol
Gary C . Wheeler, Chairman . Aye
Peter D . O ' Bryan , Vice Chairman Aye
Wesley S . Davis Ave
Joseph E . Flescher Aye
Bob Solari Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 9th day of October, 2012 .
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY , FLORIDA
By 4
Gary C . eeler, Chairman
ATTEST : Jeffrey R . Smith , Clerk ; °caMMiss"
of Circuit Court and aJ�, • • • �0 4/
Comptrolle = � � •. �`
s
By. Dep uty Clerk 7?* _
�o9A A 6 (�O r
'Y/,'YTVFR COU�l111 •1
YGYII II II II Nl111
Tax Certificates Outstanding
Yes No
Current Prorated Tax Received and
Deposited With Tax Collector $
APPROVED AS TO FORM
ANDL � G � L SUFFICI ;?
BY � ,\
WILLIAM K. DEBRAAL
DEPUTYEOUNTYATTORNEY
3
2189636 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN
RIVER CO FL , BK : 2551 PG : 2334 , 02 / 01 / 2012 10 : 23 AM DOC STAMPS D $ 0 . 70
T
This instrument was prepared incident to
the issuance of a title insurance contract,
and is to be returned to.•
Jason A. Beal
Atlantic Coastal Land Title Company, LLC
3850 20th Street, Suite 4
Vero Beach, Florida 32960
ACLT File Number: 41078825
Parcel ID Number: 33-394&00001404040005.0 and 33-39"08-00001 -004040005. 1
GENERAL WARRANTY DEED
This deed, made as of this 19th day of January, 2012, by Debra Ann Atwell, a single person (as
Grantor), and Indian River County, a political subdivision of the State of Florida, whose post
office address is : 1801 27th St, Vero Beach, FL 32960 (as Grantee),
(Wherever used herein, the terms "grantor" and "grantee" shall Include singular and plural, heirs, legal representatives, and
assigns ojind(viduah, and the successors and assigns of corporations, partnerships or other entities; wherever the contest
so admits or requires.)
WITNESSETH :
That 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 Grantee forever, all the
right, title, interest, claim and demand which said Grantor has in and to the following described parcel of land, to wit:
The North 50 feet of the South 80.00 feet of the following described property:
The East 12.50 acres of the West 25 acres of Tracts 4 and 5, South of Main
Canal, in Section 8, Township 33 South, Range 39 East, as the same is
designated on the last general plat of lands of the Indian River Farms Company
Subdivision, filed in the Office of the Clerk of the Circuit Court of St. Lucie
County, Florida, in Plat Book 2, at Page 25; said lands now lying and being in
Indian River County, Florida.
AND :
The North 50 feet of the South 80.00 feet of the following described property :
The West 12.79 acres of the East 25.79 acres of Tracts 4 and 5, South of Main
Canal, in Section 8, Township 33 South , Range 39 East, as the same is
designated on the last general plat of lands of the Indian River Farms Company
Subdivision, filed in the Office of the Clerk of the Circuit Court of St. Lucie
County, Florida, in Plat Book 2, at Page 25 , said lands now lying and being in
Indian River County, Florida.
ATLANTIC COASTAL LAND TITLE COMPANY, LLC
A Full Service, Florida Title Insurance Agency
BK : 2551 PG : 2335
3
TOGETHER with 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, said Grantor has signed and sealed these presents day and year first above written.
Signed, sealed and delivered in the presence of
Debra Ann Atwell
6435 Atlantic Blvd
Vero Beach, FL 32966
q . /9—
State of Florida
County of Indian River
The foregoing instrument was acknowledged before the the date hereinafter given, by Debra Ann
Atwell who was/were either personally known to me; or produced identification of sufficient
character so as to identify said individuals) with reasonable certainty; and who did/did not take an
oath.
Witness my hand and official seal in the County and State last aforesaid, this 19th day of January,
20120
0/00 o ary u is T
Typ f identification provided (Check One) :
river's License
] Passport
] Government (State or Federal) ID Card t
( ] Resident Allen ID Card
[ ] Other MY coMbiS m t o0 823327
a EXPIRE& octd w t t, 2012
L „�( aWWWT11UNdWPU6k e
ATLANTIC COASTAL LAND TITLE COMPANY, LLC
A Full Service, Florida Title Insurance Agency
33-39-08=00001-0040-00005.0 ,
SKETCH AND DESCRIPTION DEBRA ANN ATWATLANTIC, 6435 ATLANTIC BLVD.. VERO BEACH, FL 32966
L. (OFFICIAL RECORDS BOOK 1887 , PAGE 20579 I.R.CO., FL)
WEST UNE OF THE EAST — r—
315.8. OF TRACT 5
�.•;i 08-33-39-00001 -0040-00[)05.0
' WEST 12.79 ACRES OF EAST 25.79 ACRES
i LO S819520
Ir PROPOSED NORTH R.O.W. 3208F L
_ o
TREAC7 5 , . ; PARCEL #25 PROPOSED °O c
, 1 . 3"; S., RCZ,3SI E. I ADDITIONAL RIGHT OF WAY ,O
Ir !bv'if.: RiW.: FARMS -COMPANIO SI;gD;\9SIOi'I Z 7
P,El a• PC. 25, ' S. l..CO.•fL . 320.6't
EXISTING NORTH R.O.NT� . . .� �• "`�•_•.•�� •�'
12TH STREET / ROSEDALE ROAD
l ci
�' t ��SCA
6 a SOUTH R.O.W. A SECTION LINE AND TRACT UNE S89652019'E
a v NORTH R.O.W. BEARING BASIS
� Qm � SUB - LATERAL "B- 2" CANAL
F _ _ SOUTH R.O.W. I•R.F.W.C.D. 30' R.O*W.
33-39-08-00001-0040-00005.1
DEBRA ANN ATWELL, 6435 ATLANTIC BLVD., VERO BEACH, FL 32966
p (OFFICIAL RECORDS BOOK 1687 , PAGE 2057, LR.CO., FL)
EAST LINE OF THE WEST 363.5' OF TRACT 4
0&-33-39"4=l -oo40-00005't f P.O POINT OF BEGINNING
t250 ACRES OF WEST zs.o ACRES P.O.C. = POINT OF COMMENCEMENT
9'5R/W, R.O.W. = RIGHT-OF-WAY
PROPOSED MORM WoOsIffe 336.8'f
(.R.F.W.C.D. = INDIAN RIVER FARMS
WATER CONTROL DISTRICT
PARCEL /24 PROPOSED m o ii : I.R. F.C.S. = INDIAN RIVER FARMS
AIJIMNAL RXW OF WAY o r 'O COMPANY SUBDIVISION
z o S.L.CO.,FL = ST. LUCIE COUNTY,
338.8't v, FLORIDA
EXISTING NORTH R.O.W. : . O.R.B., PG. = OFFICIAL RECORDS BOOK '
(pi . 12TH STREET / ROSEDALE ROAD I AND PAGE
n UNrL' n I.R.CO. ,FL. INDIAN RIVER COUNTY,
C3 SOUTH R.O.W. / Y4 SECTION UNE AND TRACT LINE S89'52019"E FLORIDA
NORTH R.O.W. BEARING BASIS P.B. & PG. PLAT BOOK AND PAGE
N favi SUB - LATERAL "B - 2 " CANAL
IL I.R.f.W.C.D. 30' R.o.w. NOT A FIELD SURVEY
_ SOUTFI R.O.W.
a l+ R/W PARCEL #24 & 25, SHEET 2 OF 2
Pone 43 S
CARTER ASSOCIATES INC . 98-z3E
In I CONSULTING ENGINEERS AND LAND SURVEYORS DWG. No
04 18874—A
1708 21ST STREET 772-562-4191 (TEL) SHEET
"' REVISED: 4- 21- 2010 PARCEL SIZE [)Esc:, FSC VERO BEACH. FLORIDA 32980-3472 772-582-7180
(FAX) 2 of 2
OU
SKETCH AND DESCRIPTION
LEGAL DESCRIPTION OF PROPOSED RIGHT OF WAY PARCEL #24• SURVEYOR'S NOTES:
THE NORTH 50.00 FEET OF THE SOUTH 80.00 FEET OF THE FOLLOWING 1 . UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA
DESCRIBED PROPERTY: LICENSED SURVEYOR AND MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR
THE EAST 12.50 ACRES OF THE WEST 25 ACRES OF TRACTS 4 AND 5, SOUTH INFORMATIONAL PURPOSES ONLY
AND IS NOT VAUD.
OF MAIN CANAL, IN SECTION B, TOWNSHIP 33 SOUTH, RANGE 39. EAST, AS THE 2. LANDS SHOWN HEREON
WERE NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE
SAME IS DESIGNATED ON THE LAST GENERAL PLAT O LANDS OF THE INDIAN FOR RIGHTS-OF-WAY, EASEMENTS
OF RECORD, RESERVATIONS, OWNERSHIP,
RIVER FARMS COMPANY SUBDIVISION, FILED IN THE OFFICE OF THE CLERK O ABANDONMENT. DEED RESTRICTIONS,
ZONING REGULATIONS OR SETBACK LINES, LAND
THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25; USE PLAN DESIGNATION, ADJOINING
DEEDS OR MURPHY ACT DEEDS. THIS SKETCH IS
SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. NOT INTENDED TO DELINEATE WETLANDS, LOCAL
AREAS OF CONCERN OR ANY OTHER
SUBJECT TO ALL RIGHTS OF WAYS, RESTRICTIONS, RESERVATIONS AND JURISDICTIONAL DETERMINATION.
EASEMENTS O RECORD,
3. THIS DESCRIPTION AND SKETCH CONSISTS OF (2) TWO SHEETS, (1 ) ONE IS
NOT
CONTAINING 16,840.00 S.F. VAUD WITHOUT THE OTHER.
4. THIS EXHIBIT DOES NOT INTEND TO REFLECT OR DETERMINE OWNERSHIP.
LEGAL DESCRIPTION OF PROPOSED RIGHT OF WAY PARCEL X25 5. THIS IS NOT A BOUNDARY SURVEY. A FIELD
SURVEY WAS NOT PERFORMED. THIS
IS A SKETCH OF LEGAL DESCRIPTION ONLY.
THE NORTH 50.00 FEET O THE SOUTH 80.00 FEET O THE FOLLOWING 6. BEARINGS (IF SHOWN) ARE BASED ON THE NORTH AMERICAN
DATUM OF 1983
DESCRIBED PROPERTY: ADJUSTMENT OF 1990 (NAD 83/90) FLORIDA STATE PLANE COORDINATES, EAST
THE WEST 12.79 ACRES OF THE EAST 25.79 ACRES O TRACT 4 AND 5, SOUTH ZONE (901 ) AS REFERENCED
TO THE UNE INDICATED AS "BEARING BASIS' AND ARE
OF MAIN CANAL., IN SECTION B. TOWNSHIP 33 SOUTH, RANGE 39 EAST AS SAME GIVEN FOR THE PURPOSE OF
DETERMINING ANGLES ONLY.
IS DESIGNATED ON THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER
FARMS COMPANY SUBDIVISION, FILED IN THE OFFICE OF THE CLERK OF THE 7. RIGHT OF WAY
PARCEL LEGAL DESCRIPTION WAS PREPARED BY THE SURVEYOR
CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25; BASED ON 66TH AVENUE
ROADWAY IMPROVEMENT DRAWINGS FOR INDIAN RIVER
SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. COUNTY BY CARTER ASSOCIATES, INC. PROJECT NUMBER
98-23E, COUNTY PROJECT
SUBJECT TO ALL RIGHTS OF WAYS, RESTRICTIONS, RESERVATIONS AND NUMBER 9810-B, ENGINEERING NUMBER E- 987-99, DATED NOVEMBER
2008.
EASEMENTS OF RECORD, 8. THE PARENT TRACT LEGAL DESCRIPTION WAS OBTAINED FROM THE INDIAN
RIVER
CONTAINING 16,030.00 S.F. COUNTY PROPERTY APPRAISER'S TAX ROLE WEO SITE. SEARCH OF THE
PROPERTY
APPRAISER'S TAX ROLE WEB SITE BEGINNING FEBRUARY 2010. AN OWNERSHIP &
ENCUMBRANCE REPORT WAS NOT FURNISHED TO THIS PROFESSIONAL SURVEYOR AND
MAPPER OR FIRM .
PARENT TRACTS LEGAL DESCRIPTION (Q R B. 1687. PAGE 2059):
CER nF_RED M
THE WEST 12.79 ACRES OF THE EAST 25.79 ACRES O TRACT 4 AND 5, SOUTH INDIAN RIVER COUNTY
M OF MAIN CANAL, IN SECTION 8, TOWNSHIP 33 SOUTH, RANGE 39 EAST AS SAME
t+'1 IS DESIGNATED ON THE LAST GENERAL PLAT OF LANDS O THE INDIAN RIVER FRANK
S. CUCCURESE, P.S.M . SIGNATURE DATE
N FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT FLORIDA
LICENSE No. 4765
OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25; SAID LAND LYING CARTER
ASSOCIATES, INC. L.B. 205
AND BEING IN INDIAN RIVER COUNTY, FLORIDA: ALSO THE EAST 12.50 ACRES O
�g THE WEST 25 ACRES OF TRACTS 4 AND 5, SOUTH OF MAIN CANAL.. IN SECTION R/W PARCEL
#24 & 25, SHEET 1 OF 2
W
B. TOWNSHIP 33 SOUTH, RANGE 39 EAST, AS THE SAME IS DESIGNATED ON THE PRo.I,
No,
THELAST OFFIGENCE OF LAT
THEOCLERK OFF
FTHEE CIRCUIT INDIANRCOURTFARMS
ST. LIE COUNTY, CARTER ASSOCIATES INC . 9�8—u23EE
rml FLORIDA, IN PLAT BOOK 2, PAGE 25; SAID LAND LYING AND BEING IN INDIAN CONSULTING ENGINEERS
AND LAND SURVEYORS OWL Ho.
U RIVER COUNTY, FLORIDA. 18874-A
N 1708 21ST STREET 772-562-4191 (i!'EL) SHEET
'+ REVISED: 4- 21 -2010 PARCEL SIZEo DESC.. FSC NOT A FIELD SURVEY V19RO BEACH, FLORIDA 92980-3472 772-562-7180 (PAX)
I OF 2