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AGREEMENT TO PURCHASE �ANQ SELL REAL ESTATE
BETWEEN INDIAN RIVER C4UNTYAND THE ESTATE 4F ERMA L:
LEWIS, BY JAMES E. LEWIS, PERSONAL REPRESENTATIVE
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is
made and entered into as of the. 15 :day of August . ,: 2011, by'and between
Indian River County, a political subdi"vision of the State of Florida, 18.01 27th Street, Vero
Beach, FL 32960= ("the County"), and the Estate of Erma L. Lewis. by James E. Lewis,
Personal Representative, 5265 66'h Avenue; Vero Beach, FL 32967 ("SellerW), who agree
as follows:
WHEREAS, the Estate of Erma L. Lewis, owns property located at 5265 66tH
Avenue, 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, Erma L: Lewis passed away recently and her son, James E. Lewis, has
been appointed Personal Representative of the Estate. A copy of the Letters of
Administration are attached as Exhibit "B"arid incorporated by reference herein; and
WHEREAS, the County, is scheduled to expand 66�h Avenue and its side streets in
the future and the road. expansion will impact and :affect the Seller's 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 adjacent
to 66th Avenue;, and
WHEREAS; the County has contacted the Seller and .has offered to purchase an
approximately 0.34 acre.parcel of property from the Sellers to be used as right-of-way as
depicted as Parcel #105 on Exhibit "A" (collectively, the Property); and
WHEREAS, the County is prepared to take the Property 'by using its power of
.eminent domain; and
WHEREAS, the Seller 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 Count yhereby agrees to purchase from Seller, upon the terms and.conditions'set
forth in this Agreement, that certain parcel, of real property Located at 5265 66"' Avenue,
Vero Beach, Florida and more specifically described as Parcel 105 in $he sketch and legal
description attached as Exhibit „A", containing approximately 0.34 acres, and all
improvements thereon, together with all easements, rights and uses now or hereafter
belonging thereto (collectively; the "Property")
2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the
Property shall be $118,335.Q0 One Hundred Eighteen Thousand Three Hundred Thirty
Five` Dollars). 'The Purchas6 Pride_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
tQ 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 Tifle 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") Seiler'shall
use best efforts to cure the defects within the Curative Period andif the title defects are not
cured within the .Curative Period, County shall have thirty (30)` days from theend 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, .Seiler 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.
2
4.3 There are no existing or pending special assessments affecting the Property, which
are or may he .assessed by any governmental authority,_ water or sewer authority, school
district,, draihage 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 wrttemnotice
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 specitrc performance, damages, or
otherwise .against the County; or (ii) waive the.. County's default, and proceed to Closing. .
5:2 [n the. event., the Seller shall. fail to pertorn 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. Closin :
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. With the written consent of#he. Sellers, the County or
its agent shall be responsible for obtaining any partial releases. or satisfactions of
encumbrances on the Property. The closing date. shall automatically be extended_ by a
period of 30 days if the delay in closing is. attributable to obtaining partial satisfaction and
release of mortgages) encumbering the Property so long as the County is acting in good
faith. with the holder of the encumbrance to partially :release. or satisfythe encumbrance.
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 their 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 anon -resident alien or foreign entity, Steller shall deliver to the County
an affidavit, in a form acceptable to the County, certifying that the. Seiler and any interest
3
holders are not subject to tax underthe Foreign Investment and Real Property Tax Act of
1980.
(e) The Seiler and.the County shall each deliverto 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, ClosingDate {except current taxes which are not yet due and payable) shall be.
. .
paid by the $eller;
7. Closing Costs: Expenses. County or its agent shall be responsible for preparation of
all Closing documents.
71 County shall pay he following expenses at Closing:
7.1.1 The cost of recording the warranty .deed and any, release,. partial release .or
satisfaction obtained by Seller pursuant to this Agreement.
7.1:2 .Documentary Stamps required to be.affixed to the warranty deed, if any.
7.1.3 All costs and premiums far the owner's marketability title insurance commitmentand
policy, if any.
7,2 Seller shall .pay the following expenses at or prior to Closing:
7.2.1 All costs necessary to cure fitie defects) or encumbrances, other hantke-Permitted
Exceptions,,, and .to satisfy or release of record all, existing. mortgages; liens or
encumbrances upon the .Property.
8. Miscellaneous:
8,1 Controlling. taw. 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 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 ma#ter .hereof. Any
modification or amendment to this Agreement shall be effective only if in writing and
executed by each of the parties.
8.3 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.
4
8:4 Notices. Any notice shall be deemed duly served if personallyserved orf mailed by
certified'mail, return receipt requested, or''rf sent via "overnight" courier service or facsimile
transmission, as follows:
If to Seller:
Estate�of Erma L: Lewis.
Attn: James E. Lewis
Personal -Representative
5265 66�h Avenue
Vera Beach, FL 32967
If to .County;:
Indian:_River County
180127th:Stireet
Vero'Beach, FL. 32960
Attn; Public Works Direcfor
Either party may change the information above"by giving written notice. of such change as
provided in this paragraph.
8:5 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 parfies hereto' ,are made
solely for he benefit af, and may be relied on only by'the other party hereto, its successors
and assigns, and are riot made for the benefit of; nor may they be relied upon, by anyother
person whatsoever.
8.6 Attorney's Fees and Costs.. In anyclaim or controversy -arising. out of or relating to
this Agreement,. each party shall 'bear its own.attorney's fees, costs,. and expenses..
8.7. Counterparts.. This Agreement may be executed in two or'mare counterparts, each
one of which shall constitute an original.
8.8. County. Approval Required`: This Agreement is subject to approval by the Indian
River County asset forth in paragraph 2'.1
8.9 Fees and: Costs: The°purchase price of $91'8,335.Q0 is inotusve of all costs -except
for attorney's -fees as indicated in paragraph 9 below.
8.10. "Seller acknowledges receipt ,of the. ".Notice #o Owner" and understands his/her
rights granted, under Florida Law Chapters 73 and 74." \r ,-� ,
Cnitials
9. Additiottal Responsitsilities of the. County:
9.1 The County or its>Contractor shall .replace the existing driveway with a similar side
and type drive with a culvert underneath.
92 The. attached road plans: adjacent fo the Seller's property are attached and
incorporated herein as composite "Exhibit C":
5
9.3 The County shall pay at the time of closing fa Simon'& Holloway, P.A:- atforneys for
the Seller, .the sum of 5.25% of the purchase price or $6,212.59 in full satisfaction of
attorney's fees in this matter.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as:of the
date first set. forth above..
INDIAN RIVER COUNTY; FLORIDA ESTATE 01= ERMA L. LEWIS
BOARD OF COUNTY COMMISSIONERS
Approved by BCC
ATTEST:
Jeffrey K.
Dep
.Approved:
ri�i.�•� ��� ��
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as to Farm and
William IZ. CfeBraal,
ncy:
Attorney
G�i
Represents#ive
SKETCH TO ACCOMPANY DESCRIPTION:
THIS IS NOT A SURVEY!
LOCATION MAP: NOT TO SCALE.
9 � � $ '
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113 �; 57th a fit. t�
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=�J I c � 53rd St.. ai
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OWNER:
ERMA LEE LEWIS
LEGAL DESCRIPTION: PARCEL 105
A PARCEL OF LAND BEING THE WEST 56.00 FEET OF THE EAST 112.00 FEET OF .THAT PORTION OF .
LAND DESCRIBED IN OFFICIAL RECORDS BOOK 167, PAGE 103, PUBLIC RECORDS, INDIAN RIVER
COUNTY LYING WITHIN TRACT 1, INDIAN RIVER FARMS CO. PLAT OF LANDS, ACCORDING TO THE PLAT
THEREOF. AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBUC RECORDS, SAINT LUCIE COUNTY,
FLORIDA,.
ALL SAID LANDS LYING WITHIN SECTION f 9, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER
COUNTY, FLORIDA.
CONTAINING � 0.34 ACRES, MORE OR LESS.
'ALL BEARINGS SHOWN HEREON ARE BASED . ON THE EAST LINE. OF SECTION f 9, TOWNSHIP 32 SOUTH
RANGE 39 EAST, INDIAN RNER COUNTY, FLORIDA. SAID UNE IS ASSUMED TO BEAR NORTH 00'08'10
EAST.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RIGHTS—.OF—WAY OF RECORD.
SAID PARCEL OF LAND IS ENCUMBERED BY A TIFF RESERVATION RECORDED IN DEED BOOK 35, PAGE
393, PARTIALLY RELEASED IN OFFICIAL RECORDS BOOK 172, PAGE 446, .PUBUC RECORDS, INDIAN
RIVER COUNTY, FLORIDA, WHICH CONTAINS 0.34 ACRES. MORE OR LESS.
CERTIFlCATION:
I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF. DESCRiPTKNI WERE PREPARED IN .ACCORDANCE
WITH THE SURVEYING STANDARDS, CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, AS SEt FORTH BY THE FLORIDA
BOARD OF PROFESSIONAL SURVEYORS &MAPPERS. PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND IS TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEUff. UNLESS R BEARS THE SIGNATURE AND THE ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS FOR
WFORMATIONAL PURPOSES ONLY AND IS NOT VALID.
PERRY C. ITE
PROFESSIONAL LAND SURVEYOR AND MAPPER
LICENSE N0. 4213, STATE OF FLORIDA
DATE: 1/15/07
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NOTE: THIS . � NOT A SKETCH OF SURVEY, BUT ONLY A
GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON.
THERE HAS BEEN NO FlELD WORK. VIEWING OF THE
SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION
WITH THE PREPARATION OF THE INFORIutAATION SHOWN
HEREON. NOTE: UWDS SHOWN HEREON WERE NOT
ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY AND
EASEMENTS OF RECORD.
T9
ADomoNAL R/W o euuer�
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wPoolo�3 1053SD105
SKETCH • TO ACCOMPANY DESCRIPTION,
THIS IS NOT A SURVEY!
531d STREET 's ��
18 bl%
50R/W PER ,STATE OF FLORIDA N`E'
STATE ROAD DEPARTMENT RIGHT—OF—WAY MAP SECTION
SECTION NO. 88530, ROAD N0. 505
COUNTY ROAD 6t5, 66th AVENUE +1
STA: 309+09.34\'
000 OFFSET: 27.00 L
11 S89*5 O9"E I
I STA: 309+09.25 ::i
J OFFSET: 83.00 L
Q 328.83'(C) 3300(D)
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to I 30.00' ROAD R/W
AS DETERMINED BY
I INDIAN RIVER COUNTY
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A PORTION OF TRACT 1
I P.B. 2, PG. 25, S.LC.R. a
OWNER: ERMA LEE LEWIS
Ix 5265 66th AVENUE
I VERO BEACH, FL., 32967 � 1
c*'
PARCEL 1D
32391900001001000002.0
100' TIIF RESERVATION Z
D.B. 35, PG. 393 PARTIALLY
I RELEASED O.R.B. 172, PG. 446 56900
I ADDITIONAL R/W
328.83'(C) 330'(D) _
I STA: 306+45:25
I 40
OFFSET: 83.00 L
LEGEND: S69'54'39"E .l
D.B. — DEED BOOK
P.O.C. — POINT OF COMMENCEMENT STA: 306+45 30 �
P.O.B. — POINT OF BEGINNING
P.B. — PLAT BOOK
PG. — PAGE
PID PROPERTY INDENTTFICATION NUMBER
POT — POINT OF TANGENCY
S.LC.R. — ST. LUCIE COUNTY RECORDS
STA — STATION
ARCADIS U.S., Inc.
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. IOFFSET: 27.00 L
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WP001053 � 1053SD105
RIVER CO � E'L,. t3fC: 2422 Bra: 1 , 05/26/2010 09:05 AM
IN TSE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR
INDIAN RIVER COUNTY, FLORIDA
TO ALL WHOM IT MAY CONCERN
StateofFlorida, and
CASE NO. � C1��7�3,
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onsneQ�d'ay of May, 2010.
Circuit Judge
STATE OF FLORIDA , . �,.. ; , .� >s;
INDIAN RIVER COUNTY
DO HEREBY CERTIFY the within and bregoing � a
true and correct copy of the or incl ae ft appears on
record and flie in the office of �e Circuit Court Clerk
cf Indtan Rlver Coun /Florida and the same le In
FUII FORCE AND E�Fl±CT.
tNITNE33 my hand a � OiOdat Seal at Vero Beach,
Florida. chis fhe ,day of 2p l D
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R�kurn to and prepared by:
�, `� ;
Jason A. Beal
Atlantic Coastal Land Title Company, LLC
3850 20`h St., Suite 4
Vero Beach, FL 32960
Property Appraiser's ID#: 32-39-19-00001-0010-00002.0
2162855
THIS DOCUMENT HAS BEEN
RECORDED !N THE PUBLIC RE:;ORDS
OF INDIAN RIVER COUNTY FL
BIC: 2523 PG:960, Pagel of 4
09��S/2011 at 12:46 PM, D DOCTA>: PD
50 '0
JEFFREY K BARYON, CLERK OF
COURT
PERSONAL REPRESENTATIVE'S DEED
This Personal Representative's Deed, dated this 13`h day of September, 2011, made and executed
by James Eric Lewis, as Personal Representative of the Estate of Erma L. Lewis, deceased,
whose probate case has been filed in Indian River County, Florida, Case No. P2010U331,
first party, to Indian River County, a political subdivision of the State of Florida, whose post
office address is 1801 27`h St., Vero Beach, FL 32960, second party:
(Wherever used herein the terms "first party" and "second party" shall include singular and
plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of
corporations, wherever the context so admits or requires.)
Witnesseth, that the said first party, for and in consideration of the sum of $10.00 and or other
valuable consideration, the receipt whereof is hereby acknowledged, does hereby remise, release
and quit -claim unto the said second party forever, all the right, title interest, claim and demand
which the said first party has in and to the following described lot, piece or parcel of land:
A parcel of land being the East 112.00 feet of the following described lands:
Commencing at the Southeast corner of Tract 1, Section 19, Township 32 South, -Range 39
East, according to the last general Plat of lands of the INDIAN RIVER _FARMS
COMPANY SUBDIVISION, as recorded in Plat Book 2, at Pages) 25, of the Public
Records of St. Lucie County, Florida; said lands now lying and being in Indian River
County, Florida; thence run North on the East boundary line of said Tract 1, a distance of
792 feet to Point of Beginning; thence continue to run North on the East boundary line of
said Tract 1, a distance of 264 feet; thence run West on a line parallel to South boundary
line of said Tract 1, a distance of 330 feet, more or less; to the West boundary line of the
East 10 acres of said Tract 1; thence run South on the West boundary line of the East 10
acres of said Tract 1, a distance of 264 feet; thence run East a distance of 330 feet, more or
less, to the Point of Beginning.,
Subject to all valid restrictions, reservations and easements of record, however, this reference to
restrictions shall not operate to reimpose same.
To have and to hold the same together with all and singular the appurtenances thereunto
belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and
claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit
and behoof of the said second party forever.
And the said first party hereby covenants and warrants that it has authority to execute this deed
and that, in such execution, all court orders and laws of the State of Florida have been followed
and complied with in all respects.
Pursuant to Rule 12B-4.014(4), F.A.C., this deed is given to a governmental entity under threat
�f condemnation, or as a part of an out -of --court settlement of condemnation proceedings, and is
not subject to tax.
In witness whereof, the said first party has signed and sealed these presents the day and
year first above written.
Signed, sealed and delivered in presence of:
ure of Witne
�s o� .0_ � �..
Print Witness's Name
V l£.,11q�M1V V��11V UJ f
R,t �, �► M DJ�I
Print Witness's Name
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
�irantor's signature
James Eric Lewis
as Personal Representative
The foregoing instrument was acknowledged before me, a Notary Public, this 13th day of
September, 2011 by James Eric Lewis, as Personal Representative, who was personally known to
me, or who produced the following identification: ��- � �—
�IasoN a eEat
MY COMMISSION � DD 823327 Printed Name of Notary
EXPIRES: October i t, 2012
Raided Thrta Notary PubWc Urpferwdpers
My Commission Expires:
My Commission Number:
T X ..
SKETCH TO ACCOMPANY DESCRIPTION,
THIS IS NOT A SURVEY!
OWNER:
ERMA LEE LEWIS
LEGAL DESCRIPTION: PARCEL 105
A PARCEL OF LAND BEING THE EAST 112.00 FEET OF THAT PORTION OF LAND DESCRIBED IN OFFICIAL
RECORDS BOOK 167, PAGE 103, PUBLIC RECORDS, INDIAN RIVER COUNTY LYING WITHIN TRACT 1,
INDIAN RIVER FARMS CO. PLAT OF LANDS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 2, PAGE 25, PUBLIC RECORDS, SAINT LUCIE' COUNTY, FLORIDA,
CONTAINING 29,568 SQUARE FEET OR 0.68 ACRES, MORE OR LES5.
ALL SAID LANDS LYING WITHIN SECTION 19, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER
COUNTY, FLORIDA,
ALL BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 19, TOWNSHIP 32 SOUTH,
RANGE 39 EAST, PALM BEACH COUNTY, FLORIDA, SAID LINE IS ASSUMED TO BEAR NORTH 000810°
EAST.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD.
CERTIFICATION:
I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE
WITH THE SURVEYING STANDARDS, CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA
BOARD OF PROFESSIONAL SURVEYORS & MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND IS TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS FOR
INFORMATIONAL,'PURPOSES ONLY AND IS NOT VALID.
PROFESSIONALLAND SURVEYOR AND MAPPER
LICENSE N0. 4213, STATE OF FLORIDA
DATE: 1/15/07
Ifft
ARCADIS
ARCADIS U.S., Inc.
2081 Vista Parkway Tel: (561) 697-7000 Fax: (561) 697.7751
West Palm Beach, Florida 33411 wwwzradlrrus.com
NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A
GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON.
THERE EE
HAS BN NO FIELD WORK, VIEWING OF THE
SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION
WITH THE PREPARATION OF THE INFORMATION SHOWN
HEREON. NOTE: LANDS SHOWN HEREON WERE NOT
ABSTRACTED FOR RESTRICTIONS, RIGHTS—OF—WAY AND
EASEMENTS OF RECORD,
PCW I PCW 11' = 80' I PCW
ADDITIONAL R/W CT NUMBER oRAwlnc r1uM
e�
1 of 2 WP001053 10530111imp105
SKETCH TO ACCOMPANY DESCRIPTION.
THIS IS NOT A SURVEY!
50' R/W PER STATE OF FLORIDA
STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP
SECTION N0. 88530, ROAD N0. 505
COUNTY ROAD 615, 66th AVENUE
� STA: 309+09.35 I
II OFFSET: 29.00 R
S89'S4'39"E
� > 12.00'
STA: 309+09.25 I
J ( _ _ _ _ _ OFFSET: 83.00 L_ _
U �` 328.83'(C) 330'(0)
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s�eT 2 � 2 WP001053 1053SD105
OWNER'S POLICY OFTITLE INSURANCE
(with Florida Modifications)
* Policy Number OXF�-08057284 File Number: 41078679
* * ** 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
la) 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 bylaw;
Iv► 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
means authorized bylaw; or
(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.
(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
la) 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 by an authorized signatory of the Company.
Policy Issuer:
Countersigned: ATLANTIC COASTAL LAND TITLE COMPANY, LLC
3850 20TH STREET, STE 4
VERO BEACH, FL 32960
PHONE: 772-569-4364
Authorized Officer or Licensed Agent
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6.17-06 (with Florida Modifications)
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South, Minneapolis, Minnesota 55401
(6121371-1111
gy �/''`:��� President
Attest 2 �� Secretary
1 ;
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
la► 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
Ib► 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
li► to be timely, or
Iii) 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
The following matters are expressly excluded from the coverage of
this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
1. la► Any law, ordinance, permit, or governmental regulation
lincluding those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
li► the occupancy, use, or enjoyment of the Land;
Iii) the character, dimensions, or location of any
improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws,
ordinances, or governmental regulations. This
Exclusion 11a) does not modify or limit the
coverage provided under Covered Risk 5.
Ib► Any governmental police power. This Exclusion 11b) does
not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit
the coverage provided under Covered Aisk 7 or 8.
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)
Ib► not Known to the Company, not recorded in the Public
Records at Date of Policy, but Known to the Insured Claimant
and not disclosed in writing to the Company by the Insured
Claimant prior to the date the Insured Claimant became an
Insured under this policy;
Icl resulting in no loss or damage to the Insured Claimant;
Id) attaching or created subsequent to Date of Policy; or
le) resulting in loss or damage that would not have been .
sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that the transaction
vesting the Title as shown in Schedule A, is
la► a fraudulent conveyance or fraudulent transfer; or
Ib► a preferential transfer for any reason not stated in Covered
Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed
by governmental authority and created or attaching between Date
of Policy and the date of recording of the deed or other instrument
of transfer in the Public Records that vests Title as shown in
Schedule A.
Page 2
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance": The amount stated in Schedule A, as may
be increased or decreased by endorsement to this policy, increased
by Section 8(b), or decreased by Sections 10 and 11 of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in
Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability
company, or other similar legal entity.
(d) "Insured": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Title of the Insured by operation of law as
distinguished from purchase, including heirs, devisees, survivors,
personal representatives, or next of kin;
(B) successors to an Insured by dissolution, merger, consolidation,
distribution, or reorganization;
(C) successors to an Insured by its conversion to another kind of
Entity;
(D) a grantee of an Insured under a deed delivered without
payment of actual valuable consideration conveying the Title
(1) if the stock, shares, memberships, or other equity
interests of the grantee are wholly-owned by the
named Insured,
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly-owned by an affiliated
Entity of the named Insured, provided the affiliated
Entity and the named Insured are both wholly-owned
by the same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust
created by a written instrument established by the
Insured named in Schedule A for estate planning
purposes.
(ii) With regard to (A), (B), (C), and (D) reserving, however, all rights
and defenses as to any successor that the Company would have had
against any predecessor Insured.
(e) "Insured Claimant': An Insured claiming loss or damage.
(f) "Knowledge" or "Known": Actual knowledge, not constructive
knowledge or notice that may be imputed to an Insured by reason of
the Public Records or any other records that impart constructive
notice of matters affecting the Title.
(g) "Land": The land described in Schedule A, and affixed improvements
that by law constitute real property. The term "Land" does not
include,any property beyond the lines of the area described in
Schedule A, nor any right, title, interest, estate, or easement in
abutting streets, roads, avenues, alleys, lanes, ways, or waterways,
but this does not modify or limit the extent that a right of access to
and from the Land is insured by this policy.
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other security
instrument, including one evidenced by electronic means authorized
by law.
(i) "Public Records": Records established under state statutes at
Date of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without
Knowledge. With respect to Covered Risk 5(d), "Public Records"
shall also include environmental protection liens filed in the records
of the clerk of the United States District Court for the district where
the Land is located.
(j) "Title": The estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent
matter that would permit a prospective purchaser or lessee of the
Title or lender on the Title to be released from the obligation to
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6*17.06 (with Fl
orida Modifications)
purchase, lease, or lend if there is a contractual condition requiring
the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of
Policy in favor of an Insured, but only so long as the Insured retains
an estate or interest in the Land, or holds an obligation secured by
a purchase money Mortgage given by a purchaser from the Insured,
or only so long as the Insured shall have liability by reason of
warranties in any transfer or conveyance of the Title. This policy
shall not continue in force in favor of any purchaser from the
Insured of either (i) an estate or interest in the Land, or (ii) an
obligation secured by a purchase money Mortgage given to the
Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case
of any litigation as set forth in Section 5(a) of these Conditions, (ii)
in case Knowledge shall come to an Insured hereunder of any claim
of title or interest that is adverse to the Title, as insured, and that
might cause loss or damage for which the Company may be liable
by virtue of this policy, or (iii) if the Title, as insured, is rejected as
Unmarketable Title. If the Company is prejudiced by the failure of
the Insured Claimant to provide prompt notice, the Company's
liability to the Insured Claimant under the policy shall be reduced
to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of
loss or damage, the Company may, at its option, require as a condition
of payment that the Insured Claimant furnish a signed proof of loss.
The proof of loss must describe the defect, lien, encumbrance, or .
other matter insured against by this policy that constitutes the
basis of loss or damage and shall state, to the extent possible, the
basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
Ia1 Upon written request by the Insured, and subject to the options
contained in Section 7 of these Conditions, the Company, at its
own cost and without unreasonable delay, shall provide for the
defense of an Insured in litigation in which any third party asserts
a claim covered by this policy adverse to the Insured. This obligation
is limited to only those stated causes of action alleging matters
insured against by this policy. The Company shall have the right to
select counsel of its choice (subject to the right of the Insured to
object for reasonable cause) to represent the Insured as to those
stated causes of action. It shall not be liable for and will not pay
the fees of any other counsel, The Company will not pay any fees,
costs, or expenses incurred by the Insured in the defense of those
causes of action that allege matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options
contained in Section 7 of these Conditions, at its own cost, to
institute and prosecute any action or proceeding or to do any
other act that in its opinion may be necessary or desirable to
establish the Title, as insured, or to prevent or reduce loss or
damage to the Insured. The Company may take any appropriate
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
admission of liability or waiver of any provision of this policy.
If the Company exercises its rights under this subsection, it must
do so diligently.
(c) Whenever the Company brings an action or asserts a defense
as required or permitted by this policy, the Company may pursue
the litigation to a final determination by a court of competent
jurisdiction, and it expressly reserves the right, in its sole
discretion, to appeal any adverse judgment or order.
Page 3
CONDITIONS (coni)
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company
to prosecute or provide for the defense of any action or proceeding
and any appeals, the Insured shall secure to the Company the right
to so prosecute or provide defense in the action or proceeding,
including the right to use, at its option, the name of the Insured for
this purpose. Whenever requested by the Compariy, the Insured,
at the Company's expense, shall give the Company all reasonable
aid (i) in securing evidence, obtaining witnesses, prosecuting or
defending the action or proceeding, or effecting settlement, and
Iii► in any other lawful act that in the opinion of the Company may
be necessary or desirable to establish the Title or any other matter
as insured. If the Company is prejudiced by the failure of the
Insured to furnish the required cooperation, the Company's obligations
to the Insured under the policy shall terminate, including any
liability or obligation to defend, prosecute, or continue any litigation,
with regard to the matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to
submit to examination under oath by any authorized representative
of the Company and to produce for examination, inspection, and
copying, at such reasonable times and places as may be designated
by the authorized representative of the Company, all records, in
whatever medium maintained, including books, ledgers, checks,
memoranda, correspondence, reports, e-mails, disks, tapes, and
videos whether bearing a date before or after Oate of Policy, that
reasonably pertain to the loss or damage. further, if requested by
any authorized representative of the Company, the Insured Claimant
shall grant its permission, in writing, for any authorized representative
of the Company to examine, inspect, and copy all of these records
in the custody or control of a third party that reasonably pertain to
the loss or damage. All information designated as confidential by
the Insured Claimant provided to the Company pursuant to this
Section shall not be disclosed to others unless, in the reasonable
judgment of the Company, it is necessary in the administration of
the claim. Failure of the Insured Claimant to submit for examination
under oath, produce any reasonably requested information, or
grant permission to secure reasonably necessary information from
third parties as required in this subsection, unless prohibited by
law or governmental regulation, shall terminate any liability of the
Company under this policy as to that claim.
7. OPTIONS TO PAYOR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
Incase of a claim under this policy, the Company shall have the
following additional options:
Ia1 To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this
policy together with any costs, attorneys' fees, and expenses
ihcurred by the Insured Claimant that were authorized by the
Company up to the time of payment or tender of payment and that
the Company is obligated to pay.
Upon the exercise by the Company of this option, a►I liability and
obligations of the Company to the Insured under this policy, other
than to make the payment required in this subsection, shall terminate,
including any liability or obligation tp defend, prosecute, or contin-
ueany litigation.
(b► To Pay or Otherwise Settle With Parties Other Than the Insured
or With the Insured Claimant.
(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)
policy. In addition, the Company will pay any costs, attorneys' fees,
and expenses incurred by the Insured Claimant that were authorized
by the Company up to the time of payment and that the Company is
obligated to pay; or
(ii) to pay or otherwise settle with the Insured Claimant the loss or
damage provided for under this policy, together with any costs,
attorneys' fees, and expenses incurred by the Insured Claimant that
were authorized by the Company up to the time of payment and that
the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided
for in subsections (b►(i) or (ii►, the Company's obligations to the
Insured under this policy for the claimed loss or damage, other than
the payments required to be made, shall terminate, including any
liability or obligation to defend, prosecute, or continue any
litigation.
S. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the Insured Claimant who has suffered
loss or damage by reason of matters insured against by this policy.
Ia1 The extent of liability of the Company for loss or damage under
this policy shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the
value of the Title subject to the risk insured against by this policy.
(b) If the Company pursues its rights under Section 5 of these
Conditions and is unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10%,and
(ii) the Insured Claimant shall have the right to have the loss or
damage determined either as of the date the claim was made by
the Insured Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b►, the Company
will also pay those costs, attorneys' fees, and expenses incurred in
accordance with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY
Ia► If the Company establishes the Title, or removes the alleged
defect, lien, or encumbrance, or cures the lack of a right of access
to or from the Land, or cures the claim of Unmarketable Title, all as
insured, in a reasonably diligent manner by any method, including
litigation and the completion of any appeals, it shall have fully
performed its obligations with respect to that matter and shall not
be liable for any loss or damage caused to the Insured.
(b► In the event of any litigation, including litigation by the Company
or with the Company's consent, the Company shall have no liability
for loss or damage until there has been a final determination by a
court of competent jurisdiction, and disposition of all appeals,
adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the
Insured for liability voluntarily assumed by the Insured in settling
any claim or suit without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY
All payments under this policy, except payments made for costs,
attorneys' fees, and expenses, shall reduce the Amount of Insurance
by the amount of the payment.
M
CONDITIONS (coni►
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company
pays under any policy insuring a Mortgage to which exception is taken_
in Schedule B or to which the Insured has agreed, assumed, or taken
subject, or which is executed by an Insured after Date of Policy and
which is a charge or lien on the Title, and the amount so paid shall be
deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely
fixed in accordance with these Conditions, the payment shall be made
withih 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
laj Whenever the Company shall have settled and paid a claim
under this policy, it shall be subrogated and entitled to the rights of
the Insured Claimant;in the Title and all other rights and remedies
in respect to the claim that the Insured Claimant has against any
person or property, to the extent of the amount of any loss, costs,
attorneys' fees, and expenses paid by the Company. If requested
by the Company, the Insured Claimant shall execute documents to
evidence the transfer to the Company of these rights and remedies.
The Insured Claimant shall permit the Company to sue, compromise,
or settle in the name of the Insured Claimant and to use the name
of the Insured Claimant in any transaction or litigation involving
these rights and remedies. .
If a payment on account of a claim does not fully cover the loss of
the Insured Claimant, the Company shall defer the exercise of its
right to recover until after the Insured Claimant shall have recovered
its loss.
Ib► The Company's right of subrogation includes the rights of, the
Insured to indemnities, guaranties, other policies of insurance, or
bonds, notwithstanding any terms or conditions contained in those
instruments that address subrogation rights.
14. ARBITRATION
Unless prohibited by applicable law, arbitration pursuant tothe Title
Insurance Arbitration Rules of the American Arbitration Association
may be demanded if agreed to by both the Company and the Insured at
the time of a controversy or claim. Arbitrable matters may include, but
are not limited to, any controversy or claim between the Company and
the Insured arising out of or relating to this policy, and service of the
Company in connection with its issuance or the breach of a policy
provision. or other obligation. Arbitration pursuant to this policy and
under the Rules in effect on the date the demand for arbitration is
made or, at the option of the Insured, the Rules in effect at Date of
Policy shall be biriding upon the parties. The award may include
attorneys' fees only if the laws of the state in which the Landis
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 Irisurance Arbitration Rules.
A copy of the Rules maybe obtained from the Company upon request.
ORT Form 4309 fl
ALTA owners Policy of Title Insurance 6.17.06 (with Florida Modifications)
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT
la► This policy together with all endorsements, if any, attached to it
by the Company is the entire policy and contract between the
Insured and the Company. In interpreting any provision of this
policy, this policy shall be construed as a whole.
Ib► 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
negligence shall be restricted to this policy.
Ic► Any amendment of or endorsement to this policy must be in
writing and authenticated by an authorized person, or expressly
incorporated by Schedule A of this policy.
Id► 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.
Except as the endorsement expressly states, it does not li) modify
any of the terms and provisions of the policy, (ii) modify any prior
endorsement, liii) extend the Date of Policy, or (iv► increase the
Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held
invalid or unenforceable under applicable law, the policy shall be
deemed not to include that provision or such part held to be invalid, but
all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
la) Choice of Law: The Insured acknowledges the Company has
underwritten the risks covered by this policy and determined the
premium charged therefor in reliance upon the law affecting interests
in real property and applicable to the interpretation, rights, remedies,
or enforcement of policies of title insurance of the jurisdiction
where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine the validity of
claims against the Title that are adverse to the Insured and to
interpret and enforce the terms of this policy. In neither case shall
the court or arbitrator apply its conflicts of law principles todeter-
mine the applicable law.
Ib► Choice of Forum: Any litigation or other proceeding brought by
the Insured against the Company must be filed only in a state or
federal court within the United States of America or its territories
having appropriate jurisdiction.
18. NOTICES, WHERE SENT
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 400 Second Avenue South, Minneapolis,
Minnesota 55401-2499, Phone: 612-371-1111.
Page 5
I -_
10 b
in.c�xks �s ," M .. s 4 4
OLD�REPUBLIG NAFTI% IR'"UL TITI;E INSURANCE. COMPANY1 110P
Owner's7itle Insurance Policy
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: 41078679
Policy No: OXFL-08057284
Effective Date: September 15, 2011 at 12:46 PM
Amount of
Insurance: $118,335.00
Address: 5265 66t'' Ave., Vero Beach, FL 32967
L 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
IF
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 parcel of land being the East 112.00 feet of the following described lands:
Commencing at the Southeast corner of Tract 1, Section 19, Township 32
South, Range 39 East, according to the last general Plat of lands of the INDIAN
RIVER FARMS COMPANY SUBDIVISION, as recorded in Plat Boob 2, at
Page(s) 25, of the Public Records of St. Lucie County, Florida; said lands now
lying and being in Indian River County, Florida, thence run North on the East
boundary line of said Tract 1, a distance of 792 feet to Point of Beginning;
Poll -Policy Insert Page 1
OLD REPUBLIC,,NATIONAL.TITLE INSURANCE COMPANY
Owner's Title Insurance Policy
thence continue to run North on the East boundary line of said Tract 1, a
distance of 264 feet; thence run West on a line parallel to South boundary line
of said Tract 1, a distance of 330 feet, more or less, to the West boundary line
of the East 10 acres of said Tract 1; thence run South on the West boundary line
of the East 10 acres of said Tract 1, a distance of 264 feet; thence run East a
distance of 330 feet, more or less, to the Point of Beginning.
Signatory
ATLANTIC COASTAL LAND TITLE COMPANY, LLC
3850 20' Street, Suite 4, Vero Beach, Florida 32960
Telephone: 772-5694364
Poll -Policy Insert Page 2
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Agent's File No: 41078679
Policy No: OXFL-08057284
Owner's Title Insurance Policy
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. Subject to TIIF road easement reserved in Deed Book 35, at Page 393 (TIIF Deed Number
401). Note: These reservations have been partially or wholly released by instrument recorded
in O. R. Book 172, at Page 446.
5 . 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.
Poll -Policy Insert Page 3
A i �
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Owner's Title Insurance Policy
In accordance with Title 42 United States Code, Section 3604, any covenants, conditions or restrictions referred to
herein, which indicate any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial
status or national origin, are hereby deleted.
Note 1: This policy does not insure against loss or damage arising as the result of unpaid charges for public utilities
furnished by any county, municipality, or public service corporation, which may be or may become a lien upon the land
insured hereby under any provision of the Florida Statutes including Section 159.17; and/or any county, municipal, or
special taxing district assessment, including those levied under the provisions of Chapter 190, Florida Statutes,
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.
Poll -Policy Insert Page 4
m
z14
A. Settlement Statement
Prepared by:
Atlantic Coastal Land Title Company, LLC (HUD -4)
3850 20th Street, Suite 6, Vero Beach, Florida 32960
U. S. Department of Housing
and Urban Development
OMB 1140. 2502-0265
B.
Tvve of Loan
1. 13 FHA 2. ❑ FmHA 3. ❑ Col Un1nS. 6. File Number 1. Loan Numba S. Mongage Insumm Calve No.
4. ❑ VA 5. ❑ Conv. Ins. 41078679
C. Note: 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.
MN MDADDRMOPHUYEFL
Indian River County, a political subdivision of the State of Florida
180127th St
Vero Beach, FL 32960
�" "¢"N1A0D0.�9OP'H`aa James Eric Lewis, as Personal Representative of the Estate of Erma L. Lewis, deceased
5265 66th Ave
Vero Beach, FL 32967
F.NN.E AMUMOFLWDM'
a PROPE0.T UXATM: 5265 66' Ave., Vero Beach, FL 32967 (Portion of)
J. WffV;¢NTOAT -
K seruam+rAaYur: Atlantic Coastal Land Tide Company, LLC
PLMMOFYtT"ME T' 3850 20th Street, Suite 6, Vero Beach, Florida 32960 September 2011
ffs '
101. Contract Sales Price
$ 118,335.00
act Sales Price $ 118 335.00
102. Personal Property
nal Property
- --
------ --103.
Settlement charges to BUYER:
$ 7,229.29
104
L405*
105I
�'?kBY" 4�SYitGE
107. County
Taxes Closin Date to 12/31
$ 0.00
407. County Taxes Closing Date to 12/31 ; $ 0.00
'108. Assessments to
408. Assessments to
109..
409.
---- --- --
110.
- -
-- ------------- --- . _._ _
410.
----- - ----- - -- - --
-
- -- - - -.. ----- --�- .
411.
112.
I
412.
120. GROSS DUE FM BUYER: $ 1251564.29
4209 GROSS DUE TO SELLER: $ 118,335.00
201. Deposit or earnest money
501. Excess deposit (see instructions)
202. Principal amt of new loan $ 0.00
502. Settlement Charges to seller $ 0.00
- -
203 Existing loans taken subject to
503 Existing loans taken subLect to
_ _-
204.
504. Payoff of first mortgage loan
205.
505. Payoff of second mortgage loan
506.
2060
207_
507
-- -...__ ._. _. _ _..- _.._---
208.
508.
209.
509.
211. County Taxes 1/1 - Closing Date-�
$ 0.00
511. County taxes 1/1 - Closing Date - $_ 0.0.0
_
212. Assessments to
512. Assessments to
213.
513.
_
214.
514.
215.
515,
216,
516.
217,
517,
218,
518,
519.
219,
520. TOTAL REDUCTIONS IN
220. TOTAL PAID BY/FOR BUYER:
$ 0.00
1 $ 0.00
AMOUNT DUE TO SELLER:
301. Gross amt due from BUYER
$ 125,564.29 1
601. Gross amt due to seller $ 118,335.00
302. Less amt'paid by/for BUYER
$ 0.00
602. Less reductions in amt due seller $ 0.00
303. CASH FROM BUYER:
$ 125,564.29
603. CASH TO SELLER: $ 118,335.00
HUD -1 (3-86) RESPA, HB 4305.2
..
d"�
L• SETTLEMENT CHARGES
700. TOTAL SALES/BROKER'S COMMISSION: $, BASED ON PRICE OF $i 18,335.00,
PAID FROM
PAID FROM
� �' - $
BUYER'S
SELLER'S
FUNDS AT
FUNDS AT
701. $ to _
'V
SETTLEMENT
SETTLEMENT
702. $ to
_ _
703. Commission paid at settlement
801. Loan Origination fee 46 to
802. Loan Discount % to
- -
803. Appraisal Fee to:
804. Credit Re ort to:
805. Lender's Ins ection fee ta:
806. Mortgage Insurance a lication fee to:
807. Assumption fee to:
808.
809.
810.
811.
-------
901. Interest from to @ $ /day
902. Mortgage insurance remium for mos ta
903. Hazard insurance remium for yrs to
904. Ftood insurance. remium for yrs to
905.
-
-------
1001. Hazard insurance months @ $ er month
1002. Mortgage insurance months C� $ er month
1004. County pro erty taxes months @ $ er month
_
__
1006. Flood insurance months @ $ per month
1007. Aggregate Adjustment Amount
1101. Settlement or closin fee.to Atlantic Coastal Land Title Company, LLC
$
185.00
$
0.00
1102. Abstract or title search to AUantic Coastal Land Title Com an
i $
85.00
$
0.00
,LLC
1103. Title Examination to Atlantic Coastal Land Title Com an
$
0.00
,LLC
1104. Title insurance binder to
1105. Documentpreparadonto
1106. Notary fees to
1 I_07.,Attomey's fees to Simon & Holllo_way, P.A.
$___6,212.59
__
1108. -Title insurance to Atlantic Coastal Land Title Company, LLC $667.00.
$
667.00
$
___ __ _
0.00
1109. Lender's coverage $_-____
_
1110.Owner's cover e $ 118,335.00
11 I L_Florida Comprehensive Endorsement (Form 9)
!__.__
-
1112. ALTA Environmental Protection Lien Endorsement Form 8.1
-----...__._
1113
1114.
1115.
1201. Recording fees:.Deed $18.50 _ _ _ _
-
$
44•�
$-__--__ _0•�_
__
1203. State tax/stamQs_ Deed $.70
$
0.70
$
__________0.0_0
_ -___ ___- _-�_ _._
1204. Intangible tax on Mortgage
$
0•�
1205.
1206.
1301. Survey to
1302. Pest inspection m
�
1303. Express delivery fees to Atlantic Coastal Latnd Title Company, LLC _
__ _
1304. Digital Arehive/File Scanning Fee to Forensis
$
20.00
$
0.00
1305. Wire Transfer Fee to CenterState Bank
$
15.00_
_-_ _-_ _ _
_
_ _
_ _ , __
1306.
---
----------_...----
1307. ----
--------
- ---
1308. -_.__-_ �-
-
- _-
-
1309.
_
1310.
-_
1311.
_
___.
13 t 2. ----
1400. TOTAL SETTLEMENT CHARGES (enter on ane t03, Semon � •and • tine 502, Secaoa K)
$
7,229.29
$
�.QQ
M11T�H .I:iNE � ..'.:
t I � ��
. � �. s .
• I
I -
Nr:eiX.. I
!aawsu N � � � �
I � $. � � l
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.1 � $:
� ���� ,�
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1�x� � i i�' ? : a4: � tit
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r�F I � � �� ;. I
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J
X .R� {f
_... _L� � 1 _____________ ___
x � 165
xATe ar+xt►Io�un � � �I� � � 4 �� 'a er nnat/rsun
I)""� N+IhN YpNk A1uI N>w. N' >%
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y t�I I b
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�. , � $ � ��
{ t_,; A4, 91 YNiNO�y`Y� IJ � � g � � ,I.y.. � E ��
MATCH Llh
I have carefully reviewed the HUD -1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement
of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of HUD -1
Settlement Statement
Sellers:
James Eric Lewis, as Personal Representative of the Estate -of Erma L. Lewis, deceased
Buyers:
Indian River County, a political syl'idi�i,�t�n qf�e State of Florida
By:
William Ii. 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 underchazges not in excess of $25.00 [o any party shall be credited to or
debited against closing fees charged by Atlantic Coastal Land Title Company, LLC. Itis 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: September_, 2011
WARNING: It
is a crime to knowingly make false
statements
to the
United
States
on this or any
other similaz 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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