HomeMy WebLinkAbout2011-226 `' •' l l �0 f �I I Original
AGREEMENT TO PURCHASE , SELL , AND LEASE REAL ESTATE
BETWEEN INDIAN RIVER COUNTY
AND
BRYON H . BEATTY, SR . AND COLLEEN M . BEATTY , AS TRUSTEES OF THE
COLLEEN M . BEATTY REVOCABLE TRUST UTA DATED JULY 19 , 2005
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is
made and entered into as of the 23rd day of September, 2011 , by and between Indian
River County, a political subdivision of the State of Florida ("the County") , and The Colleen
M . Beatty Revocable Trust UTA dated July 19 , 2005 , who agree as follows :
WHEREAS , The Colleen M . Beatty Revocable Trust UTA dated July 19 , 2005 owns
property located on the north side of 12th Street approximately 370 feet west of the
intersection of 66th Avenue and 12th Street , Vero Beach , Florida . A sketch and legal
description of the property is attached to this agreement as Exhibit "A" and incorporated by
reference herein ; and
WHEREAS , the County, is scheduled to expand 66th Avenue in the future and the
road expansion will impact the intersection of 12th Street and 66th Avenue and affect the
property of The Colleen M . Beatty Revocable Trust UTA dated July 19 , 2005 ; 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 adjacent
to 12th Street; and
WHEREAS , the County has contacted the trustees of The Colleen M . Beatty
Revocable Trust UTA dated July 19 , 2005 and has offered to purchase right-of-way of
approximately 0 . 91 acre of property as depicted on Exhibit "A" (the Property) and a 4 , 960 . 2
square feet temporary construction easement as depicted on Exhibit "A" (the Property)
from The Colleen M . Beatty Revocable Trust UTA dated July 19 , 2005 and
WHEREAS , the County is prepared to take the Property by using its power of
eminent domain ; and
WHEREAS , the Trustees of The Colleen M . Beatty Revocable Trust UTA dated July
19 , 2005 and the County wish to avoid the risk, time and expense of litigation by entering
into this agreement for sale and purchase of the 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
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forth in this Agreement that certain parcel of real property located on the north side of 12th
Street approximately 370 feet west of the 66th Avenue intersection , Vero Beach , Florida
and more specifically described in the sketch and legal description attached as Exhibit "A",
fee simple , containing approximately 0 . 91 acre , all improvements thereon , togetherwith all
easements , rights and uses now or hereafter belonging thereto (collectively , the
" Property") . Also , the purchase will include a 10 feet temporary construction easement,
containing 4 , 960 . 2 square feet , running parallel with the proposed right-of--way, as
described in Exhibit "A" . The County will also agree to purchase for $27 ,408 , personal
property consisting of a 20 feet by 30 feet, free-standing tool shed with metal walls and
gable roof, located at 1355 66th Avenue , between 12th Street and Atlantic Avenue . The
Beatty's will grant the County a 404eet wide by 604eet long , temporary construction
easement for the purposes of demolishing the tool shed . It will be the responsibility of the
Beatty's to move the contents of the shed to another location upon notice from the County.
2 . 1 Purchase Price , Effective Date . The purchase price (" Purchase Price") for the
Property shall be $ 55 , 655 . 60 (Fifty- Five Thousand Six Hundred Fifty- Five and 60/100
Dollars) plus $27 ,408 for the tool shed totaling $83 , 063 . 60 . The Purchase Price shall be
paid on the Closing, Date . 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
(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 .
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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
condition required by paragraph 3 .
(b) The Seller shall have removed all of its personal property and equipment from the
Property and Seller shall deliver possession of the Property to County vacant and in the
same or better condition that existed at the Effective Date hereof.
(c) 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 .
(d ) 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 .
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(e) 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 Controllinq 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 ,
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 .
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8A 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: Byron H . and Colleen M . Beatty
81566 th Avenue
Vero Beach , FL 32966
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 .
8 . 9 . County Approval Required : This Agreement is subject to approval by the 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
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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 " Seller acknowledges receipt of the " Notice to Owner" and understands his/her
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 .
INDIAN RIVER COUNTY, FLORIDA THE COLLEEN M . BEATTY REVOCABLE
BOARD OF COUNTY COMMISSIONERS TRUST UTA DATED JULY 19 , 2005
Jew
Bob Solari , Chairman ron H . Beatty, Sr. Date
Trustee
Approved by BCC 11 / 1 / k-0 C0MfR/ss,'•o
. . . . . . . ,�
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. .a' Colleen M . Be tty Date
ATTEST: *4n 0 ;•moo,• Trustee
Jeffrey K. Barton , Clerk of �� c���K}` " ''
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Deputy Clerk
roved :
seph . Baird , County Administrator
Approv d as t For gal Sufficiency:
0ounty Att rney
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PARCEL 13 LEGAL DESCRIPTION (ROAD RIGHT-OF-WAY)
A PORTION OF TRACT 8 , SECTION 7 , TOWNSHIP 33 SOUTH , RANGE 39 EAST , ACCORDING TO
THE LAST GENERAL PLAT OF THE LANDS OF THE INDIAN RIVER FARMS COMPANY, RECORDED j
IN PLAT BOOK 2 , PAGE 25 OF THE PUBLIC RECORDS OF ST . LUCIE COUNTY , FLORIDA ( NOW
INDIAN RIVER COUNTY) , MORE PARTICULARLY DESCRIBED AS FOLLOWS : o
THE NORTH 80 FEET OF THE SOUTH 110 FEET OF THE SOUTH 277 . 63 FEET OF THE EAST
496 . 02 FEET OF THE WEST 930 . 17 FEET OF SAID TRACT 8 , SECTION 7 , TOWNSHIP 33
SOUTH , RANGE 39 EAST .
CONTAINING 39 , 682 SQUARE FEET , MORE OR LESS , OR 0 . 91 ACRES . a
TOGETHER WITH A 10 — FOOT TEMPORARY CONSTRUCTION EASEMENT ADJOINING SAID PARCEL , o
MORF PARTICULARLY DESCRl' BED AS FOLLOWS :
3
THE NORTH 10 FEET OF THE SOUTH 120 FEET OF THE SOUTH 277 . 63 FEET OF THE EAST
496 . 02 FEET OF THE WEST 930 . 17 OF SAID TRACT 8 .
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SURVEYOR'S NOTES o
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1 . THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF Q
THE .FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON ,
2 . THIS SKETCH OF DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE MINIMUM
TECHNICAL STANDARDS AS ESTABLISHED IN CHAPTER 5J - 17 , FLORIDA ADMINISTRATIVE CODE ,
3 . THIS SKETCH OF DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY , THEREFORE W
THERE MAY BE EASEMENTS , RESTRICTIONS , RESERVATIONS OR RIGHT OF WAYS NOT SHOWN HEREON , 3
BUT MAY BE FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. a
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4 . THIS SKETCH AND DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY , EXISTING PROPERTY a
CONDITIONS OR FEATURES ARE NOT SHOWN . 0
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THIS IS NOT A BOUNDARY SURVEY z
SKETCH TO ACCOMPANY LEGAL DESCRIPTION . THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT W
' REPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT BOTH SHEETS 1 AND 2 AS CREATED
IAN RIVER COUNTY ADMINISTRATION BUILDING /ND/AN R/VER COUNTY DRAWN RY: SECTION 7 SHEET
1801 • 27th STREET 9. ROACH SKETCH AND DESCR/PT/ON OF
VERO BEACH, FL 32980 Devartment of Public Works APPROVED BY: TOWNSHIP 33S
(772) 567-8000 EngIneerIng Divlslon ASILON RANGE 39E 12TH STREET R/W ACQU/S/T/ON OF 2
100 0 50 100
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DAVID M . SILON , p . S . M . DATE m
FLORIDA REGISTRATION NO , LS 6139 R /W = RIGHT - OF - WAY
INDIAN RIVER ASSISTANT COUNTY , SURVEYOR (TRS ) = TRUSTEES W
THIS IS NOT A BOUNDARY SURVEY THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT W
SKETCH TO ACCOMPANY LEGAL 'DESCRIPTION BOTH SHEETS 1 AND 2 AS CREATED
REPARED FOR INDIAN RIVER COUNTY ENG1NEERING DEPARTMENT ``
W RIVER COUNTY ADMINISTRATION BUILDING /ND/AN RIVER COUNTY DRAWN BY: SECTION 7SHEET
1801 27th STREET B. ROACH SKETCH AND DESCRIPTION OF 2
VERO BEACH, FL 32980 Deoorfineni of Pub/lc Works naPRovEo BY: TOWNSHIP 33S 127H STREET R/W ACQU/S/T/ON
(772) . 587-8000 * EngIneerIng D/vlslon DoSIL ON RANG 39E
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2180305
This instrument was prepared incident to THIS DOCUMENT HAS BEEN
the issuance of a title insurance contract, RECORDED IN THE PUBLIC RECORDS
and is to be returned to: OF INDIAN RIVER COUNTY FL
BK : 2541 PGA777 , Pagel of 4,
12/13/2011 at 02 : 36 PM , D DOCTAX PD
Jason A. Beal $0 .70
Atlantic Coastal Title Corporation JEFFREY K BARTON, CLERK OF
3850 20th Street, Suite 4 COURT
Vero Beach, Florida 32960
ACTC File Number: 41078799
Parcel ID Number, 33-39=07=00001 =0080=00002 . 1 (portion of)
GENERAL WARRANTY DEED
This deed, made as of this 5th day of December, 2011 , by Byron H. Beatty, Sr. and Colleen M.
Beatty, husband and wife ; both Individually and as Trustees of the Colleen M. Beatty
Revocable Trust UTA dated July 19, 2005 (as Grantor) ; and Indian River County, a political
subdivision of the State of Florida, whose postoffice 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 the grantor, for and in consideration of the sum of $ 10. 00 in hand paid by grantee, the receipt whereof is hereby
acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee forever, all
the right, title, interest, claim and demand which the said grantor has in and to the following described parcel of land,
to wit:
A, portion of Tract 8, Section 7, Township 33 . South, Range 39 East, according . -
to the last general Plat of INDIAN RIVER FARMS COMPANY, as recorded
in Plat Book 2 , at Page 25, of the Public Records of St. Lucie County, Florida
(now Indian River County), being more particularly described as follows :
The North 80 feet of the South 110 feet of the South 277.63 feet of the East
496.02 feet of the West 930. 17 feet of said Tract 8, Section 7, Township 33 South,
Range 39 East.
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
ATLANTIC COASTAL TITLE CORPORATION
A Full Service, Florida Title Insurance Agency
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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) .
The grantor herein warrants and avers that grantor does not reside on the lands conveyed
hereby, nor on contiguous land ; nor does any member of grantor ' s family dependent upon
grantor for support.
IN, WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written.
Signed, sealed and delivered in the presence of
Byron H. Beatty, Sr., Individually and as
Trustee of the Colleen M. Beatty Revocable
Trust UTA dated July 19, 2005
815 66th Ave
Ver Beach, FL 32966
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Colleen M. Beatty Indivety
lly and as
Trustee of the Colleen M. BeRevocable
Trust UTA dated July 19, 2005
815 66th Ave
Vero Beach, FL 32966
State of Florida
County of Indian River
The foregoing instrument was acknowledged before me the date hereinafter given, by Byron H.
Beatty, Sr. and Colleen M. .Beatty, individually and as Trustees of the Colleen M. Beatty
Revocable Trust UTA dated July 19; 2005 ; who was/were eitherpersonally 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 5 day of December,
2011 .
%% JASON A BEAL
MY COMMISSION # DD 823327
EXPIRES: October 11 , 2012
Bonded PPubkUnd0fwdt8t$ Notary Public
ATLANTIC COASTAL LAND TITLE COMPANY, LLC
A Full Service, Florida Title Insurance Agency
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PARCEL 13 LEGAL DESCRIPTION (ROAD RIGHT-OF-WAY)
A PORTION OF TRACT 8 , SECTION 7 , TOWNSHIP 33 SOUTH , RANGE 39 . EAST, ACCORDING TO
THE LAST GENERAL PLAT OF THE LANDS OF THE INDIAN RIVER FARMS COMPANY, RECORDED
IN PLAT BOOK 2 , PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA ( NOW
INDIAN RIVER COUNTY) , MORE PARTICULARLY DESCRIBED AS FOLLOWS .
I
THE NORTH 80 FEET OF THE SOUTH' 110 FEET OF THE SOUTH 277 . 63 FEET OF THE EAST
496 . 02 FEET OF THE WEST 930 . 17 FEET OF SAID TRACT 8 , SECTION 7 , TOWNSHIP . 33
SOUTH , RANGE 39 EAST.
CONTAINING 0 . 91 ACRES (39 , 682 SQUARE FEET) , MORE OR LESS . a
TOGETHER WITH A 10 - FOOT TEMPORARY CONSTRUCTION EASEMENT ADJOINING SAID PARCEL , o
MORE PARTICULARLY DESCRIBED AS FOLLOWS :
Of
THE NORTH 10 FEET OF THE SOUTH 120 FEET OF THE SOUTH 277 . 63 FEET OF THE EAST
496 . 02 FEET OF THE WEST 930 . 17 OF SAID TRACT 8 .
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SURVEYOR'S NOTES o
1 . THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF a
THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON . _
2 . THIS SKETCH OF .DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE MINIMUM
to
TECHNICAL STANDARDS AS ESTABLISHED IN CHAPTER 5J - 17 , FLORIDA ADMINISTRATIVE CODE ,
3 . THIS SKETCH OF DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. THEREFORE W
THERE MAY BE EASEMENTS , RESTRICTIONS , RESERVATIONS OR RIGHT OF WAYS NOT SHOWN HEREON , &
BUT MAY BE FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. o
4 . THIS SKETCH AND DESCRIPTION. DOES NOT REPRESENT A FIELD SURVEY. EXISTING PROPERTY a.
CONDITIONS OR FEATURES ARE NOT SHOWN .
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1801 27th STREET BROACH SKETCH AND DESCR/PT/ON OF
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COLLEEN M BEATTY (TRS)
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1801 NSTREET IND/AN R/V£R COUNTY ASECTION 7 *
B. ROACH SKETCH AND DESCR/PT/ON OF 2
VERO BEACH, FL 3zss0 .> Depacfinenf of Public Works APPROVED B.; TOWNSHIP JJS
(nz) 567-soon inginaerIng OlvlslonOSLO RANGE 39E 12TH STREET R/W ACOU/S/T/ON
f
Prepared by and return to : 2180306
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECORDS
Jason A. Beal OF INDIAN RIVER COUNTY FL
Atlantic Coastal Land Title Company, LLC 12/ 2541 PG 02 : 36 PM, of 2
12/13/2011 at 02 : 36 PM ,
3850 20th St. , Suite 4, Vero Beach, FL 32960
JEFFREY K BARTON, CLERK OF
COURT
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
CERTIFICATION OF TRUST
BEFORE ME, the undersigned authority, personally appeared Byron H. Beatty, Sr. and
Colleen M. Beatty ( "Affiants " ) who depose and say :
A . This Certification pertains to the following trust: the Colleen M. Beatty
Revocable Trust UTA dated July 19 , 2005 (the "Trust"), which was executed on July 19,
2005 and is currently in existence .
B . The name of each settlor (creator) of the Trust is : Colleen M . Beatty.
C . The identity and address of the currently acting trustee(s) are : 815 66th Ave . , Vero
Beach, FL 32966
D . The trustees of the Trust have full power and authority to mortgage and convey real
property, including the property described below (the "Property"), and to sign all closing
documents, without the consent of any beneficiary.
A portion of Tract 8, Section 7, Township 33 South, Range 39 East, according to the
last general Plat of INDIAN RIVER FARMS COMPANY, as recorded in Plat Book
2, at Page 25, of the Public Records of St. Lucie County, Florida (now Indian River
County), being more particularly described as follows :
The North 80 feet of the South 110 feet of the South 277.63 feet of the East 496.02
feet of the West 930. 17 feet of said Tract 8, Section 7, Township 33 South, Range 39
East,
E . The Trust is X revocable or _ irrevocable . If revocable, the name of each
person holding a power to revoke the Trust is : Byron H. Beatty, Sr. and Colleen M.
Beatty (If left blank, the settlor(s) are the only person(s) with power of revocation.)
F . The authority of the trustees as set forth in Paragraph D . above may be executed
by Affiants alone, as trustees of the Trust, without the necessity of any other co-trustee
signing or otherwise authenticating such instruments unless indicated otherwise herein.
G . If the Trust is acquiring title to the Property, title shall be acquired as follows : N/A .
i
H . The Trust has not been revoked or amended so as to cause the representations
contained in this Certification to be incorrect.
I . If any settlor listed in Paragraph B . above is deceased and the Property was the
homestead of that settlor at the date of death, I hereby represent that said settlor was not
survived by a minor child. Further, I hereby represent that said settlor was not survived
by a spouse , unless said spouse was also one of the settlors of the Trust.
J. An authentic copy of the Trust, pertinent excerpts from the Trust or related
documents may be attached hereto as Exhibit `B" and, if so, shall be incorporated herein
and shall be made a part hereof.
404
r�
(Siinature of Affian�
B n H . Beatty, Sr.
(Signature(of ffiant)
Colleen M. Beatty
Sworn and subscribed to before me, a Notary Public, this 5th_day of December, 2011 , by
Byron H . Beatty, Sr. and Colleen M . Beatty, who was personally known to me or
produced the following as identification .
(Si of Notary)
(� ;�� •. JASON A. BEAL
. ' MY COMMISSION # DD 823327
(Print Name of Notary) EXPIRES: October 11 , 2012
eel �; f w4W Thru Nolery Puble umlerwrbfe
i _
rs
OWNER ' S POLICY OF TITLE INSURANCE
(with Florida Modifications )
' Policy Number OXFL =08070636 File Number: 41078799
* * * * 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
L * * Company under this Policy must be given to the Company at the address shown in Section 18
d2 * * 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;
( 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;
(vi ) a document not properly filed , recorded , or indexed in the Public Records including failure to perform those acts by electronic
St means authorized by law; or
f` (vii ) a defective judicial or administrative proceeding .
( b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable , but unpaid .
I� ( 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 .
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
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 b an authorized signatory of the Company.
P Y 9 Y 9 ry p Y•
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) 3714 111
5;0,
By President
Authorized Officer or Licensed Agent
ORT Form 4309 FL
ALTA Owners Poli of Tide Insurance 6-17-06 (with Florida Modifications) Attest Imo( Secretary
Policy �' - — I
- r
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.
EXCLUSIONS FROM COVERAGE
tel
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
t 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
Zr
(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
(2 ) if 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
against any predecessor Insured . 5. DEFENSE AND PROSECUTION. OF ACTIONS
( 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
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
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
action under the terms of this policy, whether or not it shall be
Knowledge. With respect to Covered Risk 5( d ), " Public Records " 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 6-17.06 (with Florida Modifications) Page 3
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
f 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 g, 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
x ins
of the Company and to produce for examination, inspection , anddamageb sustained or incurred the Insured Claimant who has suffered
Y
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 6-17-06 (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 (a ) This 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 losse 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 . F 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 Arbitratorls ) 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 Title Insurance 6-17.06 (with Florida Modifications)
Page 5
3 '{,' hIti: yp�y tlQ 4'anc �licy
IL
LSC
6ee
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 : 41078799
Policy No : OXFL-08070636
i
Effective Date : December 13 , 2011 at 2 : 36 PM
Amount of
Insurance : $ 55,655.60
1 . The Insured hereunder, in whom title to the fee simple estate is vested at the date hereof, is :
i
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 :
A portion of Tract 8, Section 7, Township 33 South, Range 39 East, according
to the last general Plat of INDIAN RIVER FARMS COMPANY, as recorded in
Plat Book 2, at Page 25, of the Public Records of St. Lucie County, Florida (now
Indian River County) , being more particularly described as follows :
The North 80 feet of the South 110 feet of the South 277.63 feet of the East
496.02 feet of the West 930. 17 feet of said Tract 8, Section 7, Township 33 South ,
Range 39 East,
Pot - Policy Insert Page 1
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Countersign
Authorized Signatory
ATLANTIC COASTAL LAND TITLE COMPANY, LLC
3850 20`h Street, Suite 4 , Vero Beach, Florida 32960
Telephone : 772=569=4364
PolI - Policy Insert Page 2
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Agent's File No : 41078799
Policy No : OXFL-08070636
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 --- 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. Easement to Florida Power & Light Company for utility purposes, over a strip of land 10
feet wide, centered 55 feet North of and parallel to the Quarter Section line (Tract 8, Section
7, Township 33 South , Range 39 East), as recorded in O . R. Book 428, at Page 424 .
6. Temporary Construction Easements in favor of Indian River County, as recorded in O. R.
Book 2536, at Page 71 ; and in O. R. Book 2536 , at Page 80.
Pol I - Policy Insert Page 3
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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.
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 l - Policy Insert Page 4
. ❑ 2. ❑ FmHA 3 . ❑ Conv . Unins . 6. File Number 7. Loan Number 8, Mortgage Insurance Case No.
4. ❑ VA 5. ❑ Conv . Ins . 41078799
C. Notes This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are
shown. Items marked "(p. o. c. ) " were paid outside the closing; they are shown here for informational purposes and are not included in
the totals.
D. NAME AND ADDRESS OF BORROWER: Indian River County, a political subdivision of the State of Florida
180127th St
Vero Beach, FL 32960
E. NAME AND ADDRESS OF SELLER: Byron H. Beatty, Sr. and Colleen M. Beatty, as Trustees of the Colleen M. Beatty Revocable Trust
UTA dated July 19, 2005
815 66th Ave
Vero Beach, FL 32966
F. NAME AND ADDRESS OF LENDER:
G. PROPERTY LOCATJON: 12th St ' Parcel 33'39-07-00001-0080-00002. 1
H. SETTLEMENT AGENT: Atlantic Coastal Land Title Company, LLC J. SETTLEMENT DATE:
PLACE OF SETTLEMENT: 3850 20th Street, Suite 6, Vero Beach, Florida 32960 December 5 2011
J� „ :SUMMARY OF BORRO WEB'S' TRANSACTION ;' aK: SUMIvIARY ,OF SELLER'S, TRANSACTION
101 . Contract Sales Price I $ _ 55 ,655 . 60 401 . Contract Sales Price $ 559655 .60
102 . Personal Property $ 27 ,408 . 00 402 . Personal Property $ 2.7_9408 .0_0
103 . Settlement charges to borrower: $ 711 . 22 403 .
104. 404.
105 . 405 .
ADJUSTMENT
Y S FOR ITEMS PAIR 13Y: SELLER IIV ADVANCE ADJUSTMENTS FORiTEMS PAID BY S!B t R IN ADVANCE
107 . County Taxes Closing Date to 12/31 $ 0 .00 407 . County Taxes Closing Date to 12/31 $ 0. 0_0_
108 . Assessments to 408 . Assessments to
109 . 409 .
110. 410.
111 . 411 .
112 , 412 .
120. GROSS DUE FM BORROWER: $ 83,774.82 420. GROSS DUE TO SELLER: $ 83,063.60
201 . Deposit or earnest money 501 . Excess deposit (see instructions)
202. Principal amt of new loan $ 0. 00 502 . Settlement Charges to seller $ 18 . 50
203 . Existing loans taken subject to 503 . Existing loans taken subject to
204. 504. Payoff of first mortgage loan
205 . 505 . Payoff of second mortgage loan
206 . - -- -- - --- -- - 506- ---- - -- ---- ----- -
207 . 507 .
208 . 508 .
209. 509 .
ADIUSTIVIENTS FOit ITT 4S ONPAIU 14 LLER ADJUSTMENTS°,l~dR TTEMS, UNPAIp BY' SELLER :'
211 . County Taxes 1 / 1 - Closing Date $ 0.00_ 511 . County taxes 1 / 1 - Closing Date $__- 060_0__
212. Assessments to 512 . Assessments to
-- ---- - --- - - --- ----- ---- -------- ----- ----------- ---- -----
213 . 513 .
214. 514 .
215 . 515 .
216. 516 .
217 . ------ - - - 517 . -- -- --- --- -- -- --------
218 . --- - 515 . -- - --- - -
----- --- -- ----------- ------------ -------- ------- ----- ----------- -----
219. 519 .
220. TOTAL PAID BY/FOR $ 0.00 520. TOTAL REDUCTIONS IN $ 18.50
BORROWER: AMOUNT DUE TO SELLER:
301 . Gross amt due from borrower $ 83 ,774 . 82 601 . Gross amt due to seller $ 831063 . 60
302 . Less amt paid by/for borrower $ 0 .00 602 . Less reductions in amt due seller $ 18 .50
303. CASH FROM BORROWER : $ 839774.82 603, CASH TO SELLER: $ 83,045. 10
HTTD) l (I -M RFSPA HR 4105 9.
e
800 . ITA',jN/ISI0AYjWI , EIN CONNUXTION WITH LOAN :
$O1 . Loan Origination fee % to
802. Loan Discount % to
803 . Appraisal Fee to : _
804. Credit Report to :
805 . Lender's Inspection fee to:
806. Mortgage Insurance application fee to:
807 . Assumption fee to :
808 .
809 . - -
810. - -
811 . _ �- ---- - --- -- -----
900 * ITHNIS IU1QUIIMI) BY LENDE PAID IN ADVANCE .
901 . Interest from to @ $ /day
902 . Mortgage insurance premium for mos to
903 . Hazard insurance premium for yrs to
904. Flood insurance premium for yrs to
905 .
11100 . RI ' SI� RVES DEPOSITED WITH 11 NDEW
1001 . Hazard insurance months @ $ per month
1002 . Mortgage insurance months @ $ per month
1004. County property taxes months @ $ per month _
1006. Flood insurance months @ $ per month
1007 . Aggregate Adjustment Amount
1101 . Settlement or closing fee to Atlantic Coastal Land Title Company, LLC $ 225 . 00 $ 0 . 00
1102 . Abstract or title search to Atlantic Coastal Land Title Company, LLC $ 95_ . 00_ $ _ _0 .0_0
1103 . Title Examination to Atlantic Coastal Land Title Company, LLC $ 0 .00
11104. Title insurance binder to
1105 . Document preparation to
. 1106. Notary fees to
1107 . Attorney's fees to
1108 . Title insurance to Atlantic Coastal Land Title Company, LLC $320. 02 $ 320.02 $ 0.00
1109. Lender's coverage $
1110. Owner's coverage $ 55 ,655 . 60 _
1111 . Florida Comprehensive Endorsement (Form 9)
1112. ALTA Environmental Protection Lien Endorsement Form 8 . 1
1113
1114.
1115 .
1201 . Recording fees : Deed $35 . 50 $ 35 .50
1203 . State tax/stamps : Deed $ .70 $ 0.70 $ 0 .00
1204, Intangible tax on Mortgage $ 0 . 00
1205 . Trust Affidavit/Certificate of Trust F $ 18. 50
1206 . -- -------- --- ---- ------ ----
1300* ADDITIONAL SETTLKNIENT C112kWIES :
1301 . Survey to
1302 . Pest inspection to
1303 . Express delivery fees to Atlantic Coastal Land Title Company, LLC
1304. Digital Archive/File Scanning Fee to Forensis $ 20.00
1305 . Wire Transfer Fee to CenterState Bank $ 15 . 00
1306.
1307 .
1308.
1309 .
1310. _
1311 .
1312,
1400, TOTAL SETTLEMENT CHARGES (Enter on line 103, Section J - and - line 502, Section K) $ 711 .22
ron V.&Beatty, Sr., Trustee of the Colleen M. Beatty Revocable Trust UTA dated July 19, 2005
Colleen M. Beatty, Trustee of the Colleen M. Beatty Revocable Trust UTA dated July 19, 2005
Buyers :
Indian River County, a political subdivision of the State of Florida
t'/. 4 A
kyl)
By :
William DeBraal
its Deputy County Attorney
Some costs reflected hereon may be based on good faith estimates that require post-closing adjustment. Any variations in actual costs
from those reflected hereon that result in overcharges or undercharges not in excess of $25 .00 to any party shall be credited to or
debited against closing fees charged by Atlantic Coastal Land Title Company , LLC . It is further understood, and the parties hereto
agree, that all funds received by Atlantic Coastal Land Title Company, LLC may be placed in escrow accounts that may be subject to
Overnight Repurchase Agreements between Atlantic Coastal and its depository bank. Interest earned as the result of such agreements,
if any , is the property of Atlantic Coastal Land Title Company, LLC .
The HUD- 1 Settlement Statement which I have prepared is a true and accurate account of this transaction . I have caused or will cause
the funds to be disbursed in accordance with this statement.
Atlantic Coastal Land Title Company, LLC (Settlement Agent)
Closing Date : December 5 , 2011
WARMING : It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon
conviction can include a fine or imprisonment. For details see : Title 18 U. S . Code Section 1001 and Section 1010.
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