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HomeMy WebLinkAbout2011-133 : W • �• I I AGREEMENT TO PURCHASE AND SELL REAL ESTATE ' BETWEEN � � • /� •3 INDIAN RIVER COUNTY AND GEORGE A . AND SHARON N . GLENNa��1M yr THIS AGREEMENT TO PU� ASE AND SELL REAL ESTATE ( "Agreement" ) is made and entered into as of the day of Une.., 20111 by and between Indian River County , a political subdivision of the State of Florida , 1801 27th Street , Vero Beach , FL 32960 ( "the County" ) , and George A . and Sharon N . Glenn , husband and wife , 657033 rd Street , Vero Beach , FL 32966 ( "Sellers ) , who agree as follows : WHEREAS , the Sellers George A . Glenn and Sharon N . Glenn own property located at 6570 33`d 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 66`h Avenue in the future and the road expansion will impact and affect the Sellers' 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 33f0 Street ; and WHEREAS , the County has contacted the Sellers and has offered to purchase an approximately 0 . 093 acre parcel of property from the Sellers to be used as right-of-way as depicted as Parcel # 157 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 Sellers 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 forth in this Agreement , that certain parcel of real property located on the north side of 33 'd Street east of 66`h Avenue , Vero Beach , Florida and more specifically described as Parcel 157 in the sketch and legal description attached as Exhibit "A" , containing approximately 0 . 093 acres , and all improvements thereon , together with all easements , rights and uses now or hereafter belonging thereto ( collectively , the " Property" ) . 1 a 2 . 1 Purchase Price Effective Date . The purchase price ( " Purchase Price " ) for the Property shall be $ 10 , 000 . 00 (Ten Thousand Dollars ) . 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' s property is encumbered by a mortgage with Sun Trust , N . A . The Seller shall permit County to contact Sun Trust N . A . and consent to County negotiating a partial release and satisfaction of mortgage on the Property. After the partial release is obtained from Sun Trust , N . A . Seller will be indefeasibly seized of marketable , fee simple title to the Property , and is the sole owner of and has good right , title , and authority to convey and transfer the Property which is the subject matter of this Agreement , free and clear of all liens and encumbrances . 4 . 2 From and after the Effective Date of this Agreement , Seller shall take no action which would impair or otherwise affect title to any portion of the Property , and shall record no documents in the Public Records which would affect title to the Property , without the prior written consent of the County. 4 . 3 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 . 2 q 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 . Closinq . 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 the 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 mortgage ( s ) encumbering the Property so long as the County is acting in good faith with the holder of the encumbrance to partially release or satisfy the 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 ) II have removed all of their personal uipment from the Property, and Seller shall delive o County vacant and in the 4,!Jsame or b at existed at the Effective Date hereof. ( c ) r o Closing and fails to do s e a portion of Purchase Price funds to satisfy the encu ances . fib` ( 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 . ( 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 of prior to the Closing Date ( except current taxes which are not yet due and payable ) shall be 3 paid by the aelIe ;- R " U -Lft 7 , Closing Costs ; Expenses . County or its agent , shall be responsible for preparation of all Closing documents . / w,�- I, It CA OC r Z _ / / �q� .Awa �.. �,.. .a 7 . 1 County shall pay t4e4e*ew0ng 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 . 701 02 Documentary Stamps required to be affixed to the warranty deed . 761 03 All costs and premiums for the owner' s marketability title insurance commitment and policy , if any . a k V ¢ 1 v Q%kv •4. '� �<<.Q oA s xs%A �,st� c y 79 Ize " Qi; 6; 14@11 - pay fingn Q9 expanses Q ��•aa � � T Ye� d +� ,.L 7 , 21 a.,� • st •K v.��, vj`ot9 � s . 7 . d lose (L Exceptions , and to s ' r y 8 . Miscellaneous . 8 . 1 Controlling Law , This Agreement shall be construed and enforced in accordance with the laws of the State of Florida . Venue shall be in Indian River County for all state court matters , and in the Southern District of Florida for all federal court matters . 8 . 2 Entire Agreement . This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements , written or oral , between the Seller and the County relating to the subject matter hereof. Any modification . or amendment to this Agreement shall be effective only if in writing and executed by each of the parties . 8 . 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 . 8 . 4 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: If to County: George A . and Sharon N . Glenn Indian River County 657033 rd Street 1801 27th Street Vero Beach , FL 32966 Vero Beach , FL . 32960 Attn : Public Works Director 4 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 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 . 6 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 . 7 . Counterparts . This Agreement may be executed in two or more 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 as set forth in paragraph 2 . 8 . 9 Beneficial Interest Disclosure : In the event Seller is a partnership , limited partnership , corporation , trust , or any form of representative capacity whatsoever for others , Seller shall provide a fully completed , executed , and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286 . 23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286 . 23 ( 3 ) ( a ) , the beneficial interest in any entity registered with the Federal Securities and Exchange Commission , or registered pursuant to Chapter 517 , Florida Statutes , whose interest is for sale to the general public , is exempt from disclosure , and where the Seller is a non - public entity , that Seller is not required to disclose persons or entities holding less than five ( 5 % ) percent of the beneficial interest in Seller . 8 . 10 Fees and Costs : The purchase price of $ 10 , 000 is inclusive of all costs and attorneys fees . 8 . 11 " Seller acknowledges receipt of the " Notice to Owner" and understands his/her rights granted under Florida Law Chapters 73 and 74 . " Ir tials 9 . Additional Responsibilities of the County . 9 . 1 Seller shall be entitled to a zoning confirmation letter from the Planning Director stating the remaining parcel shall not be deemed non-conforming as a result of the County purchasing of the 33 'd Street right-of-way - 5 9 . 2 Any water meters that need to be relocated as a result of the construction shall be done so at the County' s expense . 9 . 3 The County or its Contractor shall replace the existing driveway with a similar size and type drive with a culvert underneath . 9 . 4 If construction plans call for construction activities under the dripline of any tree on Seller, s property , The County or its Contractor shall hand dig and make clear cuts to any tree roots during the construction so as to keep damage to the trees to a minimum . 9 . 5 The County shall meet with the City of Vero Beach Utilities to coordinate placement of relocated power lines and poles to the County right- of-way and not on the Seller' s property . 9 . 6 The attached road plans from station 409 + 60 to station 410 + 50 are attached and incorporated herein as composite " Exhibit B " . 9 . 7 This Purchase Agreement shall be contingent upon the approval and closing of all three properties individually owned by Stephen and Frances Sherwood , Sharon and George Glenn and Helen Glenn . IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the date first set forth above . INjD'i�� 1RIVEti .� OV#UNTY , FLORIDA SELLERS : cR.D"OF COt,FM - d Y° COMMISSIONERS A4 \wl � lariairm George A . Glenn Date o ppraved by p�;;:J n Jeff K . ' 1arton of ircuit Court Sharon N . Glenn Date D uty Clerk A proved : 44 J eph . Baird , ounty dministrator Approved as to For a d al Sufficiency: William K . DeBraal , Deputy County Attorney 6 SKETCH TO ACCOMPANY DESCRIPTION , & ' A o u THIS IS NOT A SURVEY! EEEXHIE31T LOCATION MAP: NOT TO SCALE zs o 25 41 t S . GIffor4 Rd ; 29 28 SLCLl.1ERS Barbers Ave . GEORGE A. GLENN L P 133rdltSt . CherrLane z SHARON N . GLENN 5 u P 33� o . . . 38 _ - 31 Walker Ave . m VERB - - �� © 4 MALL' Y 4 60 LEGAL DESCRIPTION : PARCEL 157 A PARCEL OF LAND BEING THE NORTH 50. 00 FEET OF THE SOUTH 80. 00 FEET OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 1942 , PAGE 2005 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, LYING WITHIN TRACT 5 , INDIAN RIVER FARMS COMPANY PLAT OF LANDS , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 , PAGE 25 , PUBLIC RECORDS , SAINT LUCIE COUNTY, FLORIDA, ALL SAID LANDS LYING WITHIN SECTION 32 , TOWNSHIP 32 SOUTH , RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 0 . 093 ACRES , MORE OR LESS. CER1IFlCATION0 1 HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 6110174, 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 1S FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON . THERE HAS BEEN NO FIELD WORK, VIEWING OF THE PERRY C. WHITE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION PROFESSIONAL LAND SURVEYOR AND MAPPER WITH THE PREPARATION OF THE INFORMATION SHOWN LICENSE N0. LAN STATE OF FLORIDA HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS, RIGHTS -OF-WAY AND DATE: 9/4/07 EASEMENTS OF RECORD. a PROJECT MM AGER DEPARTMk" ER MER SCALE: CHECKED BY PCW PCW I " ® fm PCW A R CADS ^ SPIFFY TITLE04/02/07 BEJ� BY ADDITIONAL R/W PRWECT NUMBER ORMINC NUMBER ARCADIS U. S . , INC . B 2081 Vista Parkway Tet: (661) 697.7000 Fax: (661) 697.7761 WP001053 1053 S D157 Q West Palm beach, Florida 33411 wwwarcadl$4 com SNEET 1 4F 2 i SKETCH TO ACCOMPANY DESCRIPTION , THIS IS NOT A SURVEY! LEGEND, @ — BASELINE C — CALCULATED m IRFC — INDIAN RIVER FARMS COMPANY it L — LEFT a O. R. B. — OFFICIAL RECORDS BOOK P.B. — PLAT BOOK PAGE — RIGHT R/W — RIGHT— OF—WAY STA. — STATION IS.L.C .R. — ST. LUCIE COUNTY RECORDS I I I I I I TRACT 5 A PORTION OF TRACT 5 P . B . 2 , PG. 25, P . B. 29 PG. 25, S.L. C . R. S . L.C . R . ADDRESS: 6570 33RD STREET L•�'�� I I VERO BEACH, FL. , 32966 PID -32393200001005000002 . 2 O.R. B. 19421 PG. 2005 I 318. 14' _.- WEST LINE OF TRACT 5 - - I I I h I I c� M 158 ca a. � z 50,00' N 159 X 6i STA: 409 + 70. 45 ADDITIONAL R/YW X 156 c ' OFFSET: 36.00 L 80.0D' (DEED) ``' °' o ra, o I S89'56'26"E STA: 410 +50.&5 o a coo _ 80,991(C) OFFSET: 37.04 L PT Sta . 410 + 02 .54 157 SW2 12'4V O ocoo '-450.00 11 _ 412 408 + 00 r, 409 +00 , N00'25' 12"E N89'5626*W STA: 410 +51 . 42 io 50.00' z80,991 C) fl.OFFSEI.4 12 . 95 R STA; 409 + 70. 14 80.00 ' DEEEo) OFFSET : 14.00 R 33RD STREET(CHERRY LANE) SOUTH LINE OF TRACT 5 SOUTH LINE 60' SUB— LATERAL "A- 4 " CANALJ OF N .W . ONE — QUARTER INDIAN RIVER FARMS CO . PLAT OF LANDS OF SECTION 32 - 32 - 39 OWNERS P . B . 2 , PG , 25 , S . L .C . R. S89056 ' 26 "E ( BEARING BASE ) GEORGE A. GLENN SHARON N . GLENN PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY ARCADIS n PCW PCW I " 60' PCW e4 SHEET TITLE DATE: DRAWN BY �e c 04/00 2/07 BEJ ARCADIS U , S . , INC. ADDITIONAL R/W PROJECT NUMBER DRAWING NUMBER 2081VHtaPaUay Tel (5811697.7000 Fw.. (581) 697d751 WP001053 1053SD157 West Palm Beach, Flakla 33411 wwvr.arc adlsasaxn SHEET 2 OF 2 i iE MEE FRANK DANFORTH RICJfARDSON j GEORGE A. GLEN f STEVEN r,_ SHERNwu I • 09 SHARON N . GLEN FRANCES G . SHERAIWO , 1 w tJJi C 32- 2=19 `� `5 � I SII ~ ..� • � W i , � y I I - - - f- r• ruaYO(Jrcx�f rxcCgo eE .C3.or5.Eru. TtlRxOT U�O—Er 56- o O - --- r - , - IMI 11.4 . 4D8 Et. W IEDOE To INP 011.0" m n 409 bWmLv c f CDVST. L rTER IEV k3. TSS OE LOCATED , . , — I CONST. — — —TZ 33RD STREET ExIST. l7- IT�iOgLf EtIX — � EI f£ - 6 ACP — `• ._... - - - - - - - - - _ - - , _ - - - - - _ - - COxST. CURB 6 CUY i Eft J0-f r I { d � 1 � - T. T VA EttiT. ,.vGC.IJ I..,� ` � _ --u.tll l Vii. j_ •'. I TOO IR I ` = +..� 1 ' — — — — — .`.ki• TOl� — — �.- EW� �. - - jy — FL • as SE I - - - - __ - - -. — __ _ io SE'ptwwm 1.. li os ISAT r.E. SUB-LAT£RAL A-9 CANAL_ u- slat . .. — E. lE —.- - IS.K - - - - - -_ - - - _. _ _..-.. 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Na1aTAT • L4irlc oasICl tymcmig . SQOere moap-d%fcGlprol raJlL avb a!-Jrr4'liJrd )error, j tato IdrYS - Ida 1 !Nr l /.A. ;.:rliJn auy J 4 raadtVVVw SWol! DO N-difnGiNwhi W rAildrd. j ,. RAI's sAal/ ae torlikam rn DCL rdv w!!i. rwi Lu:. j OW 415 040, but i&SWer on- !ne' rr. u;.vr.7are: vi.;,r lwiw, f Rif" manly S/aQards, 1 i i N } K A AVE. 41f ._. .. _.. . . ........ ._.___ . . _. P ® O _ AAAA. _ . K � wuRuf j i i 1 a Vital Kvl SIOn. aA DATE* SCALCO I 04g, . 8 "pPq a• SIGNING D PAYELEW LiAitx I ::G I S "` Department of Public WoksCOMM — ARCADIS U. S. , INC. _ Engineering Division DATE , :. 66 TH AVENUE 2061 VISTA FAREIAT. EST FAL119EAM FL 314 to { e I Sin c9T • TDt1D. CAt escu cS7- TT51 FIELD Ion IIo. 33RD STREET . r -uaw.�>osTn�eFSTm3aoe lnvmroruaNi ' �i This instrument was prepared incident to the issuance of a title insurance contract, and is to be returned to: 2221225 THIS DOCUMENT HAS BEEN Jason A. Beal RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL Atlantic Coastal Land Title Company, LLC BK : 2687 PG : 93, Pagel of 6 07/06/2012 at 09 :06 AM , O DOCTAX PD 3850 20th Street, Suite 4 $0 .70 Vero Beach, Florida 32960 JEFFREY R SMITH, CLERK OF COURT ACLT File Number: 41078573 Parcel ID Number: 32 =39-32-00001 -0050-00002 .2 GENERAL WARRANTY DEED This deed, made as of this 21st day of June, 2012 , by George Glenn and Sharon Glenn , his wife (as Grantor) ; and Indian River County, a political subdivision of the State of Florida, whose post office address is : 180127th St, Vero Beach, FL 32960 (as Grantee) , (Wherever used herein, the terms "grantor" and "grantee " shall include singular andplural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, partnerships or other entities; wherever the context so admits or requires) WITNESSETH : That Grantor, for and in consideration of the sum of $ 10 .00 in hand paid by Grantee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee forever, all the right, title, interest, claim and demand which said Grantor has in and to the following described parcel of land, to wit: The North 20 feet of the South 80 feet of the West 80 feet of the East 9.00 acres of the West 18.62 acres of Tract 5, Section 32 , 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 Page(s) 25, of the Public Records of St. Lucie County, Florida; said lands now lying and being in Indian River County, Florida. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby covenants with Grantee that grantor is lawfully seized of said land in fee simple; that Grantor has good right and lawful authority to sell and convey said land; that Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes for the year in which this deed is given ; and restrictions, reservations, limitations, covenants, conditions and easements of record, if any; insofar as same are valid and enforceable (however, this clause shall not be construed to reimpose same). ATLANTIC COASTAL LAND TITLE COMPANY , LLC A Full Service, Florida Title Insurance Agency 4 Pursuant to Rule 1213-4 . 013 (4), F . A. C . , this deed is given to a governmental entity under threat of condemnation or as a part of an out-of--court settlement of condemnation proceedings and is not subject to tax . IN WITNESS WHEREOF, said Grantor has signed and sealed these presents the day and year first above written . Signed, sealed and delivered in the presence of George Glenn 6570 33rd St Vero Beach, FL 32966 Sharon Glenn 6570 33rd St Vero Beach, FL 32966 State of Florida County of Indian River The foregoing instrument was acknowledged before me the date hereinafter given, by George Glenn and Sharon Glenn who was/were either personally known to me ; or produced identification of sufficient character so as to identify said individual(s) vtntt reasonable certainty; and who did/did not take an oath. Witness my hand and official seal in the County and State last aforesaid, this 21st day of June, 2012 . Notary ublic LowellType of identification provided (Check One) : [ Driver's License ,, JASON Il BEAL Passport *; +: MY COMMISSION # DO 823327 • of 4 EXPIRES: October 11 , 2012 Government (State or Federal) ID Card -? ;, • eorrdedThruNomryPubleUnderwdtem [ Resident Alien ID Card [ [ Other ATLANTIC COASTAL LAND TITLE COMPANY , LLC A Full Service, Florida Title Insurance Agency I 40SKETCH TO ACCOMPANY DESCRIPTION , THIS IS NOT A SURVEYI LOCATION MAP: NOT TO SCALE 26 �°o , 25 41 t S . Giffor Rd . 30 29 28 - - - - - Barbers Ave . Q \\\\\\ P Sit Cherry 3 OWNERS: 5 P 133rd St . Lane = 33 GEORGE A. GLENN 36 31 32 SHARON N . GLENN �° - - - - - Walker CR5W Ave . co — - VERO 4 MALLS Y 4 60 , LEGAL DESCRIPTION : PARCEL 157 A PARCEL OF LAND BEING THE NORTH 20 . 00 FEET OF THE SOUTH 80.00 FEET THE WEST 80. 00 FEET OF THE EAST 9 . 00 ACRES OF THE WEST 18 . 62 ACRES OF TRACT 5, INDIAN RIVER FARMS COMPANY PLAT OF LANDS , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 , PAGE 25, PUBLIC RECORDS, SAINT LUCIE COUNTY, FLORIDA, ALL SAID LANDS LYING WITHIN SECTION 32 , TOWNSHIP 32 SOUTH , RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 0 . 037 ACRES , MORE OR LESS , LEGEND: Q - BASELINE C - CALCULATED IRFC - INDIAN RIVER FARMS COMPANY L - LEFT O.R. B. - OFFICIAL RECORDS BOOK P. B. - PLAT BOOK PG. - PAGE R - RIGHT R/W - RIGHT-OF-WAY STA. - STATION S. L.C. R. - ST. LUCIE COUNTY RECORDS CERTIFICATION : THIS SKETCH AND DE RIPTION ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED S VEYOR AND MAPPER . NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN . HEREON. WILBUR DIV v THERE HAS BEEN NO FIELD WORK, VIEWING OF THE PROFESSIONAL LAND SURVEYOR AND MAPPER SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION LICENSE N0 , 4190 , STATE OF FLORIDA WITH THE PREPARATION OF THE INFORMATION SHOWN JAF HEREON. NOTE: LANDS SHOWN HEREON WERE NOT REVISED : 11 /30/ 11 ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY AND DATE: 06/08/ 11 REVISED : 8/04/ 11 JAF EASEMENTS OF RECORD. PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY WFO RA ARCADIS N SHEET TTRE DATE: DRAWN BY OB-04- 11 BEJ/JAF ARCADIS U. S ., INC. m ADDITIONAL R/W PROJECT NUMBER DRAWING NUMBER mi N 2081 VW Parkway Tel: (561 ) 6974000 Fax: (561 ) 697-7751 WPOO1053 1053SD157 L91 West Palm Beach, Fkukla 33411 www.arcadismsus•com SHEEP 1 OF 3 I J 3 ' SKETCH TO ACCOMPANY DESCRIPTION , THIS IS NOT A SURVEY! 0 co u NOTE, FOR LEGEND SEE SHEET 1 OF 3 W N WARRANTY DEED HELEN GLENN TO GEORGE & SHARON GLENN O. R. B. 711 , PG. 1894, 6- 6- 85 CORRECTED O . R. B. 933, PG. 2194 1 I A PORTION OF TRACT 5 I I 1 P. B . 2 , PG . 25, S . L. C . R . EAST 9 ACRES OF THE I 1 PID - 32393200001005000002 . 2 WEST 18 . 62 ACRES QUIT CLAIM DEED BY HELEN M. I OF TRACT 5 GLENN TO GEORGE A. GLENN & SHARON N . GLENN (O. R . B. TRACT 5 1 PG . AND I P . B . 2 , PG . 25 , S . L. C . R . I I w QUIT CLAIM DEED BY STEPHEN I I D. SHERWOOD & FRANCES G. NOTE: SEE SHEET 3 I I SHERWOOD TO GEORGE A. . GLENN OF 3 FOR ADDITIONAL & SHARON N . GLENN INFORMATION . O (OtRoBe PGO 80 C/) CD 20.0Lo Lo 0 S89 5g 261 1 1 I co ADDITIONAL R/W o 80.00 0 ' I ( I w a . 3 � STA: 409 + 69 . 69 cx Q 3 ` C/)a STA: 410+ 48.91 Q a OFFSET: 36 . 00 L z04 OFFSET: 37.01 ' L a 1 I U X �' I S00'2 ' 12"W I 1 159 1 0 156 wm 157 W � 20.00 Wml Ig *00 M o NW20' 1 *E M o 158 Moi i opo POT Sta . 410 + 02_54 — -�--- I — ---� — � 1 I 0 408+ 00 409 +00 — + 00 -411 +00- — 41 +0 °O — STA: 410+ 49 . 21 To 413+ 00 OFFSET. 17 . 01 ' L STA: 409 + 69 . 57 33RD STREET(CHERRY LANE) OFFSET: 16.00 L M SOUTH LINE - N89'56=26 W SOUTH LINE OF TRACT 5 80000 OF N . W. ONE- QUARTER 60' SUB - LATERAL "A- 4" CANAL OF SECTION 32 - 32 - 39 OWNERS: INDIAN RIVER FARMS CO . PLAT OF LANDS S89' 56 '26 "E ( BEARING BASE) GEORGE A. GLENN P . B. 2 , PG . 25 , S . L. C . R . SHARON N . GLENN PROJECT MANAGER DEPARTMENT MANAGER E:SCALCHECKED BY R ADIS WFD WFD a 80t. WFD M SHEET TITLE DATE: DRAWN BY 0 0 os-o4- 11 BEJ/,tAF ARCiADI$ V. S . IN ('i . m ADDITIONAL R/W PROJECT NUMBER DRAWING NUMBER R 2081 VW Parkway Tel: (561) 697-7000 Fax: (561) 697=7751 WPOO1053 1053SD157 Q West Palm Beach, Florida 33411 www.arcad".com SHEET 2 OF 3 f r ' SKETCH TO ACCOMPANY DESCRIPTION . Lo THIS IS NOT A SURVEYI N NOTE : FOR LEGEND Q SEE SHEET 1 OF 3 U N I I WARRANTY DEED HELEN GLENN TO GEORGE & SHARON GLENN O. R . B. 711 , PG. 18949 6 - 6-85 �• CORRECTED O. R. B. 9331 PG. 2194 A PORTION OF TRACT 5 I WEST 80 ' OF TH� WARRANTY DEED HELEN GLENN TO GEORGE & P. B . 2 , PG. 25, S . L. C . R. EAST 9 ACRES OF ( SHARON GLENN O. R . B. 12151 PG. 1006, 6 - 12 - 98 PID- 32393200001005000002 . 2 I THE WEST 18 . 62 CORRECTED O . R. B. 12371 PG. 2867 QUIT CLAIM DEE BY HELEN M . r ACRES GLENN TO GEORGE A. GLENN & SHARON N . GLENN (O. R. B. AND QUIT CLAIM DEED BY I A PORTION OF TRACT 5 STEPHEN D. SHERWOOD & I P. B. 2 , PG. 25 , S. L.C. R. I I FRANCES G . SHERWOOD TO PID - 32393200001005000002 . 1 GEORGE & SHARON GLENN QUIT CLAIM DEED BY (O. R . B. , PG. � ) I GEORGE A. GLENN & SHARON N . GLENN & HELEN M . GLENN TO TRACT 5 I SHEPHEN D . SHERWOOD & I P . B . Z , PG . 259 S . L. C . R { FRANCES G. SHERWOOD (O.R. B . , PG. _) R/W WARRANTY DEED FRANK I 20' RICHARDSON TO INDIAN RIVER I ADDITIONAL R/W COUNTY O. R . B. 943, PG. 2156, I I 8- 17 =92 I 146 . 93 I S89'56'26"E _ 80.00' 156 S00'25' 12 157 S00'25' 12V 158 ' 20.00' I 30 ' EXISTING R/W 30' EXISTING , R/W I I 000 O. R. B. 9921 PG. 707 I O. R . B. 992, PG . 707 .o c0 N89'5626"W 33RD STREET p�UTRACZSOUTH LINE S0,00' (CHERRY LANE) R/W WARRANTY DEED STEPHEN LINE M SHERWOOD TO INDIAN RIVER COUNTY N.W. ONE— QUARTER O. R . B. . 992 , PG. 707 , 10 - 15 - 93 OF SECTION 32- 32 -39 R/W WARRANTY DEED GEORGE 60' SUB4ATERAL °A- 4" CANAL & SHARON GLENN TO INDIAN INDIAN RIVER FARMS CO. RIVER COUNTY O. R . B. 9929 PLAT OF LANDS OWNERS: PG . 7099 10 - 15-93 P. B. 2, PG. 25, S. L.C. R. GEORGE A. GLENN SHARON N . GLENN rpt PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED By WFD WFD 1 . = 5, Wm ARCADIS 08 D4DRAWN BY ARCADIS U.S ., INC . m ADDITIONAL R/W PROJECT NUMBER DRAWING NUMBER :a 2081 vita Parkway Tel: (561 ) 8974000 Fax: (661) 697.7761 WP001053 1053SD157 Q West Palm Beach, Fbft 33411 www.arcedismus.cam SHEET 3 OF 3 This instrument was prepared incident to the issuance of a title insurance contract, 2221226 and is to be returned to : THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS Jason A. Beal OF INDIAN RIVER COUNTY FL BK : 2687 PG :98 , Pagel of 2 Atlantic Coastal Land Title Company, LLC 07/06/2012 at 09 : 06 AM , 3850 20`h St. , Suite 4 JEFFREY R SMITH, CLERK OF COURT Vero Beach , FL 32960 ACLT File Number: 41078573 PARTIAL RELEASE OF MORTGAGE WHEREAS George A. Glenn and Sharon N. Glenn , husband and wife (the " Mortgagor" ) , by mortgage recorded on June 14, 2007 in Official Records Book 2175 , at Page 684 , of the Public Records of Indian River County, Florida, mortgaged unto SunTrust Mortgage, Inc. (the " Mortgagee "), the lands therein particularly described, to secure payment of the sum of $650,000.00 with interest as therein mentioned; (Wherever used herein, the terms "mortgagor" and "mortgagee " 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.) AND WHEREAS the "Mortgagor" has requested the " Mortgagee " (being the owner and holder of said mortgage) to release the hereinafter described portion of the mortgaged land from the lien and operation of said mortgage; NOW THEREFORE the " Mortgagor" , in consideration of the sum of $ 10 . 00 and other good and valuable considerations , the receipt whereof is hereby acknowledged, does hereby remise , release, quit-claim, exonerate and discharge from the lien and operation of said mortgage unto the said " Mortgagor" , its heirs, successors and assigns, all that piece, parcel 'or tract of land being a part of the land conveyed by said mortgage, to wit : The North 20 feet of the South 80 feet of of the West 80 feet of the East 9.00 acres of the West 18.62 acres of Tract 5, Section 32 , 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 Page(s) 25, of the Public Records of St. Lucie County, Florida ; said lands now lying and being in Indian River County, Florida. TO HAVE AND TO HOLD the same, together with all appurtenances in anywise appertaining unto the " Mortgagor" , forever freed, exonerated and discharged of and from the lien of said mortgage, and every part thereof; provided always, nevertheless, that nothing herein contained shall in anywise impair, alter or diminish the effect, lien or encumbrance of the mortgage on the remaining ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service , Florida Title Insurance Agency i part of said mortgaged land not hereby released therefrom , or any of the rights and remedies of the " Mortgagee " . IN WITNESS WHEREOF, the said "Mortgagee " has signed and sealed these presents as of this day of o,dll,IlQ.� , 2012 . Sun rust Mor gage, Inc. By : �1 i a � � . -T�'lcyrn a5.Y1 Its : M fling Address of Parties Signing this Instrument: v 1 ox C) Y M der L( A- Stoote of C f CK ns The foregoing instrument was acknowledged before me the date hereinafter given, by eqnEhm J : P ►,� � jk�c a6 rMmnee Vie€ SunTrust Mortgage, Inc. ; who executed said instrument on behalf of the corporation with full authority to do so ; and who was either personally known to me ; or produced identification of sufficient character so as to identify saId4 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 day of 2012 . r Notary Public Type of identification provided (Check One) : [ ] Driver's License [ ] Passport VICKY H SERAFIM [ ] Government (State or Federal) ID Card Notary Public [ ] Resident Alien ID Card Commonwealth of Virginia ] Other 223869 [ My Commission Expires Dec 31 , 2014 ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service , Florida Title Insurance Agency Cxor � CSIenl1 . _ r Vf OWNER ' S POLICY OF TITLE INSURANC � ' k (� (with Florida Modifications) OCT 0 22012, COUNTY ATT0fjNrC4yr3 * * Policy Number OXFL =08111136 File Number: 41078573 OFFICE * * * Issued by Old Republic National Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given to the * * Company under this Policy must be given to the Company at the address shown in Section 18 * * * of the Conditions, * * COVERED RISKS - SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation (the "Company" ) insures, as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1 . Title being vested other than as stated in Schedule A. 2 . Any defect in or lien or encumbrance on the Title . This Covered Risk includes but is not limited to insurance against loss from (a ) A defect in the Title caused by ( i ) forgery, fraud, undue influence, duress , incompetency, incapacity, or impersonation; ( 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 means authorized by law; 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 (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 by an authorized signatory of the Company. Policy Issuer: Countersigned. ATLANTIC COASTAL LAND TITLE COMPANY, LLC 3850 20TH STREET, STE 4 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY VERO BEACH , FL 32960 A Stock Company PHONE: 7724694364 400 Second Avenue South, Minneapolis, Minnesota 55401 (612) 371- 1111 16 . By „�,t �� ,���'�' President IV Authorized Officer or Licensed Agent N / ORT Form Owners Po FL Attest ALTA Owners Policy of Title Insurance 6.17-06 (with Florida Modifications) ,��'1 Secretary i. 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 The following matters are expressly excluded from the coverage of ( b) not Known to the Company, not recorded in the Public this policy, and the Company will not pay loss or damage, costs, Records at Date of Policy, but Known to the Insured Claimant attorneys' fees, or expenses that arise by reason of: and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an 1 . (a) Any law, ordinance, permit, or governmental regulation Insured under this policy; ( including those relating to building and zoning ) restricting, (c) resulting in no loss or damage to the Insured Claimant; regulating, prohibiting, or relating to (d ) attaching or created subsequent to Date of Policy; or (e ) resulting in loss or damage that would not have been ( i ) the occupancy, use, or enjoyment of the Land; sustained if the Insured Claimant had paid value for the Title . ( ii ) the character, dimensions, or location of any improvement erected on the Land; 4. Any claim, by reason of the operation of federal bankruptcy, state ( iii) the subdivision of land; or insolvency, or similar creditors' rights laws, that the transaction ( iv) environmental protection; vesting the Title as shown in Schedule A, is or the effect of any violation of these laws, (a ) a fraudulent conveyance or fraudulent transfer; or ordinances, or governmental regulations. This ( b ) a preferential transfer for any reason not stated in Covered Exclusion 1 (a) does not modify or limit the Risk 9 of this policy. coverage provided under Covered Risk 5 . ( b) Any governmental police power. This Exclusion 1 ( b ) does 5 . Any lien on the Title for real estate taxes or assessments imposed not modify or limit the coverage provided under Covered Risk 6 . by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument 2. Rights of eminent domain . This Exclusion does not modify or limit of transfer in the Public Records that vests Title as shown in the coverage provided under Covered Risk 7 or 8. Schedule A. 3. Defects, liens, encumbrances, adverse claims, or other matters ( a) created , suffered, assumed, or agreed to by the Insured Claimant; ORT Form 4309 FL ALTA Owners Policy of Title Insurance 6.17.06 (with Florida Modifications) Page 2 I _ i CONDITIONS 1 . DEFINITION OF TERMS purchase, lease, or lend if there is a contractual condition requiring The following terms when used in this policy mean : the delivery of marketable title. (a) "Amount of Insurance" : The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased 2. CONTINUATION OF INSURANCE by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. The coverage of this policy shall continue in force as of Date of (b) " Date of Policy" : The date designated as " Date of Policy" in Policy in favor of an Insured, but only so long as the Insured retains Schedule A. an estate or interest in the Land, or holds an. obligation secured by (c) " Entity " : A corporation, partnership, trust, limited liability a purchase money Mortgage given by a purchaser from the Insured, company, or other similar legal entity. or only so long as the Insured shall have liability by reason of (d ) " Insured " : The Insured named in Schedule A. warranties in any transfer or conveyance of the Title . This policy 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 liability to the Insured Claimant under the policy shall be reduced ( 2) if the grantee wholly owns the named Insured , to the extent of the prejudice. (3) if the grantee is wholly-owned by an affiliated 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 " protection liens filed in the records liable to the Insured. The exercise of these rights shall not be an shall also include environmental p 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 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 of the Company and to produce for examination, inspection, and damage sustained or incurred by the Insured Claimant who has suffered copying, at such reasonable times and places as may be designated loss or damage by reason of matters insured against by this policy. by the authorized representative of the Company, all records , in (a ) The extent of liability of the Company for loss or damage under whatever medium maintained, including books, ledgers, checks, this policy shall not exceed the lesser of memoranda, correspondence, reports, e-mails, disks, tapes, and ( i ) the Amount of Insurance; or videos whether bearing a date before or after Date of Policy, that ( ii ) the difference between the value of the Title as insured and the reasonably pertain to the loss or damage. Further, if requested by value of the Title subject to the risk insured against by this policy. any authorized representative of the Company, the Insured Claimant ( b) If the Company pursues its rights under Section 5 of these shall grant its permission, in writing, for any authorized representative Conditions and is unsuccessful in establishing the Title, as insured, of the Company to examine, inspect, and copy all of these records ( i ) the Amount of Insurance shall be increased by 10% , and in the custody or control of a third party that reasonably pertain to ( ii ) the Insured Claimant shall have the right to have the loss or the loss or damage. All information designated as confidential by damage determined either as of the date the claim was made by the Insured Claimant provided to the Company pursuant to this the Insured Claimant or as of the date it is settled and paid. Section shall not be disclosed to others unless, in the reasonable (c) In addition to the extent of liability under (a ) and ( b), the Company judgment of the Company, it is necessary in the administration of will also pay those costs, attorneys' fees, and expenses incurred in the claim. Failure of the Insured Claimant to submit for examination accordance with Sections 5 and 7 of these Conditions, under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from 9. 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 & 1 7w06 (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 12. PAYMENT OF LOSS Title or by any action asserting such claim whether or not based on negligence shall be restricted to this policy. When liability and the extent of loss or damage have been definitely (c) Any amendment of or endorsement to this policy must be in fixed in accordance with these Conditions, the payment shall be made writing and authenticated by an authorized person, or expressly within 30 days. incorporated by Schedule A of this policy . 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (d ) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. (a) Whenever the Company shall have settled and paid a claim Except as the endorsement expressly states, it does not ( i ) modify under this policy, it shall be subrogated and entitled to the rights of any of the terms and provisions of the policy, ( ii) modify any prior the Insured Claimant in the Title and all other rights and remedies endorsement, ( iii) extend the Date of Policy, or ( iv) increase the in respect to the claim that the Insured Claimant has against any Amount of Insurance. person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested 16 . SEVERABILITY by the Company, the Insured Claimant shall execute documents to In the event any provision of this policy, in whole or in part, is held evidence the transfer to the Company of these rights and remedies . invalid or unenforceable under applicable law, the policy shall be The Insured Claimant shall permit the Company to sue, compromise, deemed not to include that provision or such part held to be invalid , but or settle in the name of the Insured Claimant and to use the name all other provisions shall remain in full force and effect. of the Insured Claimant in any transaction or litigation involving these rights and remedies. 17 . CHOICE OF LAW, FORUM If a payment on account of a claim does not fully cover the loss of ( a) Choice of Law: The Insured acknowledges the Company has the Insured Claimant, the Company shall defer the exercise of its underwritten the risks covered by this policy and determined the right to recover until after the Insured Claimant shall have recovered premium charged therefor in reliance upon the law affecting interests its loss. in real property and applicable to the interpretation, rights; remedies, ( b) The Company's right of subrogation includes the rights of the or enforcement of policies of title insurance of the jurisdiction Insured to indemnities, guaranties, other policies of insurance, or where the Land is located . bonds, notwithstanding any terms or conditions contained in those Therefore, the court or an arbitrator shall apply the law of the instruments that address subrogation rights . jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to 14. ARBITRATION interpret and enforce the terms of this policy. In neither case shall Unless prohibited by applicable law, arbitration pursuant tothe Title the court or arbitrator apply its conflicts of law principles to deter- Insurance Arbitration Rules of the American Arbitration Association mine the applicable law. may be demanded if agreed to by both the Company and the Insured at ( b) Choice of Forum : Any litigation or other proceeding brought by the time of a controversy or claim . Arbitrable matters may include, but the Insured against the Company must be filed only in a state or are not limited to, any controversy or claim between the Company and federal court within the United States of America or its territories the Insured arising out of or relating to this policy, and service of the having appropriate jurisdiction. Company in connection with its issuance or the breach of a policy provision or other obligation . Arbitration pursuant to this policy and 18. NOTICES, WHERE SENT under the Rules in . effect on the date the demand for arbitration is Any notice of claim and any other notice or statement in writing made or, at the option of the Insured, the Rules in effect at Date of required to be given to the Company under this policy must be given to Policy shall be binding upon the parties. The award may include the Company at 400 Second Avenue South , Minneapolis , attorneys' fees only if the laws of the state in which the Land is Minnesota 55401 -2499, Phone: 612-371 -11114 located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator( s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules . A copy of the Rules may be obtained from the Company upon request . ORT Form 4309 FL ALTA Owners Policy of Title Insurance 6-17-06 (with Florida Modifications) Page 5 t l s . > v 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 : 41078573 Policy No : OXFL-08111136 Effective Date : July 6, 2012 at 9 : 05 AM Amount of Insurance . $ 109000.00 Address . 6570 33 `d St. , Vero Beach, FL 32966 1 . The Insured hereunder, in whom title to the fee simple estate is vested at the date hereof, is . Indian River County, a political subdivision of the State of Florida 2 . In addition to those referred to in Schedule B hereof, the land herein described is encumbered by the following mortgage(s), and assignments thereof (if any) : None ! 3 . The land referred to in this policy is situated in the County of Indian River, State of Florida, and is described as follows : The North 20 feet of the South 80 feet of of the West 80 feet of the East 9.00 acres of the West 18.62 acres of Tract 5, Section 32, 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 Page(s) 25, of the Public Records of St. Lucie County , Florida ; said lands now lying and being in Indian River County, Florida. Po11 - Policy Insert Page 1 Countersigned : III AugKrized Signatory ATLANTIC COASTAL LAND TITLE COMPANY, LLC 3850 201h Street, Suite 4, Vero Beach, Florida 32960 Telephone : 772-569-4364 Pol I - Policy Insert Page 2 f . M Agent's File No : 41078573 Policy No : 0XFL-08111136 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 M-- 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 . Easement in favor of the City of Vero Beach for utility purposes , according to instrument recorded in O. R. Book 672, at Page 1777. 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. 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. Poll - Policy Insert Page 3 ?4. `e#tlernent Statement Ad"tie Coastal land. Title Company., LL O 3SSt1 Stith :Strtc t, `fate , 4'c¢u ' 1awh:; tklaanda28 B. Type of Loan L 0 11 A 2,, ❑ PMHA 3. o Cow, Wits,, 4 , ry VA S. 0: Ctrnv, Ins, 4tUx8S9S Co Note W 37rfr f6rttt,f& f nrrtlSJ�raf io g#r yom a nalentem f�tretfattd srt le"rrrtt c`wo ,4rraenotds d oid acro rwarrd 6k• ra,�earrt are Aram, Ttont .rrtork<ed "(fmo,,cj were paid ctut,Cdd4 t}t� w far�in,�, they eatN ��rrrm rt .f � frta r`iyorsanxional peer po ses ewd are nor anchided in the rearrefs. r +xax<. era �aa�.tsaxssarisinisw3 (udbkt tt.1ver County, a pollitic 1l No. ellvisjgzi of thw SiI ut FlolFida 1801I.e ell 27ttr ,51: ti"l*rU Rea�k, F1. 334b0 �, ne- 4nc,eesiuis444 sFa.riox: 0tlt5k' wL*. GttA1ljkfiJ SlliMiA'W G1101M Ili$ WIIA.? ti"Q 33rd St Vero Reach, Ft:. 32966 V5W. aWwmrx Ir +ax r <� arrc.E ; aru 6�10 53r, SIM* VeFtt' Ikuth, P14 :12136(1 _ . _ .._. I ' ll ,,., ......III .. __ 33 "Iiaii iiG iv<Y£." Atlantic Coastal Lind 71de CAr lttuny4 141:0 ._.p ry;cir srrn,strn,:: M" 211th. '. trect, Suitt 4, VLT* Reach: Harida 3'J160 I ,luor Z14 201:01I�VVVVVI ' T . . <SLItlll* 1 ,13LtYFI75:S �t[TIC}Pw 1C ' SUS<9?r?1 EiY t7i SSE 1111"S i5r1 . 11CJtil , 1181 . Ccrntrad Satcs Prkv. Selle 1:1C8;IN1t}0) 401 C uotIT , ITTrsct Sales NTl 11iveell IV ,l5 1 C.1 R7UC}.4117 10' Persbna,l Property 402 I'rs�iinal Ftlolrssty. $ "._ I , _ RD , Seulentent charges to BUYERS: S SUS 20 405 104. 4(14 .: : . . , . .__ . . . _ � . _ . _ .. _ . . m _,. ..._ _ . .._. . _. _ � . . ._. �_ . . . . _ _.. .. . 405, ADJUSTMI tTS R-66 S VAt1T%%BY SELLER IN AM ANC !` a1DJR,f61MEbtN KW I1 f NI S IW1r OT sl f IIA I N% aA1tt xAJ3M 107 CountyjAxcs T � Cltsmrl7srida1aJ31 5 Ccrunt "1Gx LId' a�gllzJ tsxlf31 4 t :1Ck _ _ _ ,._ _. . . TV .... . ._ , VT... . 1{1S. Asst snfertt3 iii - 4tArS. Asses rrtcnts ter {tai 4119. . 11tLVI t11 ... . .. . . . . . . . - VMIT 1124 : 49.2, 121t. GROSS WE Phi AU YEW* j $ 1117"31814 42(k GROSS Dt) tr TO 1fKIAPJ;1.2.; S i11,4tIt1.GtJ . 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C7ASatl FROM HUYE11.'s r, $ too, X20 601 CAW TO SELLER, S ;tRatNJ.tBtt 11011 t3, 8t'0 RESPA, 11i3 4: i95;m T.. LEMENT CHARGES 36X1. 7' T-ALSALESWEROX '' R'S CO.MMf, ON' � $, BASri' ,"J ON IMICFOFSl (%Ul]0. 0. PAID 1F PAID Ea'7tOM @ a$ � I 1lt Y >it2S5 SLI F..It item DIVISION OF COMMISSION ( Licic 7001 AS FOLLO'ki FUND"St It KINDS AT 701 , $ celFF SE"INTLENFI wNI" SF I"1"1 E ..htt ST. . ...: ...I'll...I... . .... ..... 7t1 , C omnmissltrn paid m tticairr rit 8811 Leat t?rl8irtacion 1 IM to � . . _. _ __ _.. _ . ._. _ .. , . 8t12, e1 . rn Liiscuunt to Fdoll Apferau al Free to tl . Credit FRcs€t Ca r $ • » _. SpS. Leni3tra fatiaut fee toIN litlfr. Mori hKarunce alipl,watiout far, to min AssumpbuIn fou txt EStl3 _- Ef87. EiI1 . 901 . 1111 esl f""rani to ,_. ..__ Mort�a a inSttttratcr r.TetnEutn for yes to r ^.wu,.l.�=...,.a...wwmwm mv:» ,.... .....e.� _ ..., rte. , ....�._.... ..... .... . _ ......, , , ... .....: .. . ._.:.E 1 . 1 gt i l cuiliff insurance, promium for r 9tIrl1r4 FlooIF. Id nxt<ataw premium ftw )Its to ltlllt llaattid ansor�acx titcarttti,.` S r month ti idtti� µ +rfiratat8 �n5tirrtncr rteranchsr rn�htla 100i par atrastefi I _ IF MON Flood i4lWari months S per month 1001 A guts Atilusttttcrtt rntt�trnt ttt? t . Seatfennntrtrclasatteu, �tttnt[cCaestfLueulTttletampnv tlC S qtr+ tt) ' * .tlft ................ ._ N 1,F11. I _ 1101 ,Abstrw or title scumh to Atlantis Couslul Laud 3 iAp t tttt party, 1,1-C 0 S 0ANIN# _ . 1 tti3 'Title hfiamination co Atlantic t` uLvtal Land '1 Me C Affil arty 1 I .0 ; S t�.tlG I 1 tt4 , 'CEAs rnsrirurre blinder tet I EGt i7acunns n uatton to 11064 Now fees it?... . .. I 1 tY7 . Atturnay'� feea to _. _ _. _ 11t1S, "J"We inwance to AttmI CnNOW And "talc Gaompamy, LLC Y'1 00,t.83 S prtti Itl Y t3.t81 1109. Lenders co �e S XF4NF NeiaQ I I 101 0 v vow" $ 1 CY A) 11 t 1 Fluiida Caen rahaatsivu.:Crsdar tttGstt t1 on �� ., , i 111. ALTA Cnvirrauiiantal ProtactInn Lion kudurseenunt Carta B 1 a . ,. . .,M.. . .. , T 1113 I1Id _. . I IN 11 IFF Nr I f 01 �RaCordiuy fiV,$ lead $44 00 .»». 4jW IIM 5tatr tatxtzctams „ grad ,$ MuTtilpip S „ $ 11070 S WKI 1204. lntnn able true on, Mompge * to rh1 11a1S, l':trtiat EReles e +aP Mt�rt gx . . .. _ F . £ 11t.50 1301 . Sure w � _ I Mer Post inspection 40 1 ' 1303 Lsil ess %dolivi~trp fees ko Adantvj,VFNFtc C*a tel land Title Ompumv,_t t.t, 1104 File Sisrn'Nrnat Af ii Cee to For€rrsts S .`4 slwl) i is§Ikfs. I ;itt1, ffN2 f 31 U. i• ,,. _. . . _ _ _ . ._ _ _a _ __•_ , _ . �__._, : � . . 1312. 1400, TC)TAL SETTLENF 14 CF#A RGM tew, spa 4ttc ilii, &vow 1 • onrf x) T eOr e Glenn Sharon Glenn B uYers: .Indian River County, a. political stubdivisicio of the State of Florida Wiilinni K. DeBruul its Dtputy County Attorney Some costs reflecte ,he on may be based on good faith estimates that requirepost-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 piarty sial ( be credited to ar debited against closing fees charged by Atlantic Criastai Land Title Company, LLC. It further undcrstnod, and the ;parties heret+) 11 agree„ that all funds received by Atlantic Coastal Land Title Company, LLC may be placed in escrow P7ecounts diat may bu subject to Overnight Repurchau- Agreements between Atl.antic Consul and its depository bank , Interest earned as tate result of such aW reerrients , if any , is the prcq)eriy of Atlantic Coastal Land Title Company, LLC. The HUTD- 1, Settlement Statement which i have prepared is a true and accurate ac•coum of this transact on, I have Cris e] or will cause the funds to be disbursed- in accordance with this Statement Atlantic Coastal Land Title Company, ITC (Settlement Agent) Closing Date: Tune 21 , 2012 WARNING It is a crime to knowingly rnialte false statements to the United States on this or any ot]rer similar forni Penalties upown convtctitxn can include a fine or imisonment. dor details sce: "title 18 U, & Carte Sectjmi 100 and Section ] tj ]fl ; j4 Part of Parcel # 32-39-32-00001 -0050-00002 . 2 Purchased by Indian River County from George and Sharon Glenn Public Purpose: 33`d Street right-of-way RESOLUTION NO , 2012 - 099 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS , PURSUANT TO SECTION 196 . 28 , FLORIDA STATUTES . WHEREAS , section 196 . 28 , Florida Statutes , allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes , delinquent or current, held or owned by the county or the state , upon lands heretofore or hereafter conveyed to or acquired by any agency , governmental subdivision , or municipality of the state , or the United States , for road purposes , defense purposes , recreation , reforestation , or other public use ; and WHEREAS , such cancellation must be by resolution of the Board of County Commissioners , duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted ; and WHEREAS , upon receipt of a certified copy of such resolution , proper officials of the county and of the state are authorized , empowered , and directed 1 i RESOLUTION NO . 2012 - ogg to make proper entries upon the records to . accomplish such cancellation and to do all things necessary to carry out the provisions of section 196 . 28 , F . S . ; NOW, THEREFORE , BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1 . Any and all liens for taxes delinquent or current against the following described lands purchased from George Glenn and Sharon Glenn for 330 Street right-of-way, are hereby cancelled pursuant to the authority of section 196 . 28 , F . S . See attached General Warranty Deed recorded in Book 2587 , Pages 93 -97 , Public Records of Indian River County, Florida . 2 . The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser with a copy to each of Fixed Assets , Budget, and the County Attorney's Office . The resolution was moved for adoption by Commissioner Flescher , and the motion was seconded by Commissioner Davis and , upon being put to a vote , the vote was as follows $ 2 i F RESOLUTION NO . 2012w o99 Gary C . Wheeler, Chairman Aye Peter D . O ' Bryan , Vice Chairman Ave Wesley S . Davis Ave Joseph E . Flescher Aye Bob Solari Aye The Chairman thereupon declared the resolution duly passed and adopted this 9th day of October, 2012 . BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY , FLORIDA By Gary C . heeler, Chairman Nn �ul "unna111n ATTEST : Jeffrey R . Smith , ClerkyooM �! !ssio�y,,e of Circuit Court and :=� too • Fps'; Comptroller ' '• *a a a By : _. ��.. :ae� eputy Clerk = a `n14p;1141" /VFR cou��y°°p,� 401V,11l ANNE-- Tax Certificates Outstanding L Yes No Current Prorated Tax Received and Deposited With Tax Collector $ APPROVED AS TO FORM AND LEG SUFFi IE V(111� 3Y WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY 3 2221225 RECORDED IN THE RECORDS OF JEFFREY R SMITH , CLERK CIRCUIT COURT INDIAN RIVER CO FL , BK : 2587 PG : 93 , 07 / 06 / 2012 09 : 05 AM DOC STAMPS D $ 0 . 70 i This instrument was prepared incident to the issuance of a title insurance contract, and is to be returned to: Jason A. Beal Atlantic Coastal Land Title Company, LLC 3850 20th Street, Suite 4 Vero Beach, Florida 32960 j ACLT File Number: 41078573 Parcel ID Number: 32=39-32400014050-00002.2 GENERAL WARRANTY DEED This deed, made as of this 21st day of June, 2012, by George Glenn and Sharon Glenn, his wife (as Grantor); and Indian River County, a political subdivision of the State of Florida, whose post office address is : 1801 27th St, Vero Beach, FL 32960 (as Grantee) , (Wherever used herein, the terms "grantor" and "grantee" shall Include singular and plural. heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, partnerships or other entities: wherever the contest so admits or requires.) WITNESSETH : That Grantor, for and in consideration of the sum of $ 10.00 in hand paid by Grantee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee forever, all the right, title, interest, claim and demand which said Grantor has in and to the following described parcel of land, to wit : The North 20 feet of the South 80 feet of the West 80 feet of the East 9.00 acres of the West 18.62 acres of Tract 5, Section 32, 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 Page(s) 25 , of the Public Records of St. Lucie County, Florida; said lands now lying and being in Indian River County, Florida. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby covenants with Grantee that grantor is lawfully seized of said land in fee simple; that Grantor has good right and lawful authority to sell and convey said land; that Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes for the year in which this deed is given; and restrictions, reservations, limitations, covenants, conditions and easements of record, if any; insofar as same are valid and enforceable (however, this clause shall not be construed to reimpose same). ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service, Florida Title Insurance Agency BK : 2587 PG : 94 Pursuant to Rule 12134. 013 (4), F . A. C . , this deed is given to a governmental entity under threat of condemnation or as a part of an out-of--court settlement of condemnation proceedings and is not subject to tax . IN WITNESS WHEREOF, said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of George Glenn 6570 33rd St Vero Beach, FL 32966 Sharon Glenn 6570 33rd St Vero Beach, FL 32966 State of Florida County of Indian River The foregoing instrument was acknowledged before me the date hereinafter given, by George Glenn and Sharon Glenn who was/were either personally known to me; or produced identification of sufficient character so as to identify said individual(s) wit reasonable certainty; and who did/did not take an oath. Witness my hand and official seal in the County and State last aforesaid, this 21st day of June, 2012. Notary ublic Type of identification provided (Check One): .... I I Driver's License � ` MY JOISSION N DD COMM823327 I Passport a EXPIRES: October 11, 2012 I Government (State or Federal) ID Card 3R1;l;,, GwWed Thry NMq Pd* Undenfft,a . ) Resident Alien ID Card Other ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service, Florida Title Insurance Agency rBK : 2587 PG : 95 SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEYI LOCATION MAP: NOT TO SCALE 2E1 � g133rdSt . S . Giffor Rd . �d1 29 28 > Ave. 41CSO herr 5 cLane = GEORGE A. GLENN 33\ SHARON N. GLENN 32 �Ave .44 MALL5Y LEGAL DESCRIPTION : PARCEL 157 A PARCEL OF LAND BEING THE NORTH 20.00 FEET OF THE SOUTH 80.00 FEET THE WEST 80.00 FEET OF THE EAST 9 .00 ACRES OF THE WEST 18 . 62 ACRES OF TRACT 5, INDIAN RIVER FARMS COMPANY PLAT OF LANDS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS, SAINT LUCIE COUNTY, FLORIDA, ALL SAID LANDS LYING WITHIN SECTION 32 , TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 0. 037 ACRES, MORE OR LESS. LEGEND: Q - BASELINE C - CALCULATED IRFC - INDIAN RIVER FARMS COMPANY L - LEFT O. R. B. - OFFICIAL RECORDS BOOK P.B. - PLAT BOOK PG. - PAGE R - RIGHT R/W - RIGHT-OF-WAY STA. - STATION S.L.C .R. - ST. LUCIE COUNTY RECORDS CERTIFICATION : THIS SKETCH AND DE RIPTION ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED S VEYOR AND MAPPER. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. WILBUR DIV THERE HAS BEEN NO FIELD WORK, VIEWING OF THE PROFESSIONAL LAND SURVEYOR AND MAPPER SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION LICENSE NO. 4190, STATE OF FLORIDA WITH THE PREPARATION OF THE INFORMATION SHOWN JAF HEREON. NOTE: LANDS SHOWN HEREON WERE NOT REVISED: 11 /30/ 11 ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY AND DATE: 06/08/ 11 REVISED: 8/04/ 11 JAF EASEMENTS OF RECORD. PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY ARCADIS SHEET TI1LE 08.04-11 B%JAF ARCADIS U .S ., INC. ADDITIONAL R/W PROJECr HUMBER DRAWING NUMBER [Cie2081 VWA PAM Tel: (561 ) 697w= Fax: (561) 897.7751 WPOO1053 1053= 57 I Weal Palm Bead+, ANWa 33411 www.amadi iAmm SHEET 1 OF 3 BK : 2587 PG : 96 SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEYI 0 NOTE : FOR LEGEND SEE SHEET 1 OF 3 I (n I I WARRANTY DEED HELEN GLENN TO GEORGE & SHARON GLENN O. R. B. 7119 PG. 1894, 64-85 1 I CORRECTED O. R.B. 933, PG. 2194 A PORTION OF TRACT 5 P.B. 2, PG. 25, S .L.C .R. EAST 9 ACRES OF THE I PID-32393200001005000002.2 WEST 18. 62 ACRES OF TRACT 5 QUIT CLAIM DEED BY HELEN M. I GLENN TO GEORGE A. GLENN & I SHARON N . GLENN (O.R.B. TRACT 5 . PG. AND P . B. 2 , PG . 25, S . L.C . R . Lu cn I QUIT CLAIM DEED BY STEPHEN ¢ D. SHERWOOD & FRANCES G. I NOTE: SEE SHEET 3 I a SHERWOOD TO GEORGE A. GLENN OF 3 FOR ADDITIONAL I , & SHARON N. GLENN INFORMATION . I O (O. R. B. PG. ) - - - - I co cL o_ ILo 20.00' [W5690261 aIm� AODITI RwI o 80.0 ofLu STA: 409+69.69 cew a STA .410+ 48.91 OFFSET: 36.00 L 0 � a- z �; OFFSET: 37.01 L c� l °' 157 I oo I S00'215'12aW i ft 159 I o p 156 0D oo: ` 0.00 wm ( la "' 0 158 Mc I i I � m 0 N0725' 12�'E _20.00 POT Sta . 410+ 02.54 I _ 0 408+ 00409+ 0 „_ CLQ+O —411 +00- 4111+06413+00 t STA: 410+49 . 21 0 OFFSET: 117.O�L' STA: 409+69 .57 33RD STREET(CHERRY LANE) — — OFFSET: 16.00 L SOUTH LINE — N8756 26VY SOUTH LINE OF TRACT 5 80'o OF N .W . ONE- QUARTER 60' SUB-LATERAL "A-4" CANAL OF SECTION 32-32 -39 OWNERS: INDIAN RIVER FARMS CO. PLAT OF LANDS S89056'26"E (BEARING BASE) GEORGE A. GLENN P. B. 2 , PG . 25, S. L.C . R . SHARON N . GLENN PROJECT M*W WARAW Mmr scar 431EMD Bar WFD wm 1' - BO' wFD ARCADIS > 08 04.11 W S INC ADDITIONAL R/W PRCJECr NUMBER DRAWING NUMBER ARCADIS Usdal 1053SD15T R 2081 Villa PaAwe7 Tel: (581 ) 697.7009 Fax: (561) 697.7751 WPOO 1 O53 © west Peso Beach, Fronde 33411 www.ucadis us oom swz 2 OF 3 1 BK : 2587 PG : 97 , SKETCH TO ACCOMPANY DESCRIPTION . o THIS IS NOT A SURVEYI u NOTE, FOR LEGEND umi SEE SHEET 1 OF 3 N WARRANTY DEED HELEN GLENN TO GEORGE & SHARON GLENN O. R. B . 711 , PG. 1894, 6- 6-85 CORRECTED O.R. B. 933, PG. 2194 A PORTION OF TRACT 5 I WEST 80' OF THE***l WARRANTY DEED HELEN GLENN TO GEORGE & P. B. 21 PG. 25, S. L.C.R. EAST 9 ACRES OF I SHARON GLENN O.R.B. 1215, PG. 1006, 6- 1248 PID-32393200001005000002 .2 THE WEST 18. 62 CORRECTED O. R. B. 1237, PG. 2867 QUIT CLAIM DEE BY HELEN M. ACRES GLENN TO GEORGE A. GLENN & SHARON N. GLENN (O.R . B. I I --_, PG. -- ) A PORTION OF TRACT 5 AND QUIT CLAIM DEED BY ( P. B. 2, PG. 25, S. I I STEPHEN D. SHERWOOD & L.C. R. FRANCES G. SHERWOOD TO PiD- 32393200001005000002. 1 GEORGE & SHARON GLENN QUIT CLAIM DEED BY (O . R.B. PG. _) GEORGE A. GLENN & SHARON N. GLENN & HELEN M. GLENN TO TRACT 5 ( SHEPHEN D. SHERWOOD & P . B . 2 , PG . 25 , S . L. C . Ri FRANCES G . SHERWOOD 1 (O.R .B. PG. ) R/W WARRANTY DEED FRANK I 20' RICHARDSON TO INDIAN RIVER I ADDMONAL R/W I I COUNTY O. R.B. 943, PG. 2156, 146.93 ' 8- 17 -92 I S89'56'26wE _ 80.00' 156 S00'2* 12V. 157 20000'205' 12V 158 30' EXISTING R/W ji 30' EXISTING R/W � Goo O.R.B. 9929 PG. 707 I O. R. B. 992, PG. 707 :o co UTH N89'56 TREET (CHERRY LANE) OF33RD S F TRACTN5 7 . . R/W WARRANTY DEED STEPHEN SOUTH LINE M SHERWOOD TO INDIAN RIVER COUNTY OF N.W. ONE-QUARTER O. R. B. 992, PG. 707, 10- 15-93 OF SECTION 32-32-39 R/W WARRANTY DEED GEORGE 60' SUB-LATERAL A-4' CANAL & SHARON GLENN TO INDIAN INDIAN RIVER FARMS CO. RIVER COUNTY O.R.B. 992, PIAT OF LANDS PG. 709. 10- 15- 93 P.B. 2, PG. 25, S.L.C.R. GEORGE A. GLENN SHARON N . GLENN PROJECT MANAGER OEPART w MANAGER SCALE: CHECKED BY ARCADIS0 WFD a l DRON SHEET TRUE AT Eo4-1i BEJ/JAF ARCADIS U. S ., INC. ADDITIONAL R/W PROJECT NUMBER DRAW NUMBER a 2081 VWJ parkway Tek (561) 69740G0 Fax: (551) 6974751 WPOOI053 J 053SD157 1 (91 Went Pala Beach, Floft 33411 www.a=dffi•aacom f SHEET 3 OF 3