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AGREEMENT TO PURCHASE AND SELL REAL ESTATE I �,
BETWEEN INDIAN RIVER COUNTY AND
VICTORIA L . AND FRANK D . RICHARDSON
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement" ) is
made and entered into as of the Whday of &atemb<. r , 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 Frank D . and Victoria L . Richardson , husband and
wife , 6580 33rd Street , Vero Beach , FL 32966 ("Sellers ) , who agree as follows :
WHEREAS , Frank D . and Victoria L . Richardson , the Sellers own property located
at 6580 33rd Street , Vero Beach , Florida , a sketch and legal description of the property-is
attached to this agreement as Exhibit "A" and incorporated by reference herein ; and
WHEREAS , the County , is scheduled to expand 66th Avenue and its side streets 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
Coun needs to purchase property to be used as right-of-way from landowners adjacent
to 33' Street ; and
WHEREAS , the County has contacted the Sellers and has offered to purchase an
approximately 0 . 146 acre parcel of property from the Sellers to be used as right-of-way as
depicted as Parcel # 156 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 ofo
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 33rd
Street east of 66thAvenue , Vero Beach , Florida and more specifically described as Parcel
156 in the sketch and legal description attached as Exhibit "A" , containing approximately
00 156 acres , and all improvements thereon , together with all easements , rights and uses
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now or hereafter belonging thereto (collectively, the " Property") .
2 . 1 Purchase Price , Effective Date . The purchase price (" Purchase Price ") for the
Property shall be $40 , 800 . 00 (Forty Thousand Eight Hundred 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 mortgages with Wachovia Bank n/k/a Wells
Fargo Bank and Bank of America , NA . The Seller shall permit County to contact these
banks and consent to County negotiating a partial release and satisfaction of mortgage on
the Property. After the partial release is obtained from the banks 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
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district , drainage district or any other special taxing district.
5 . Default.
5 . 1 In the event the County shall fail to perform any of its obligations hereunder, the
Seller shall , at its sole option , be entitled to : ( i) terminate this Agreement by written notice
delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor
any other person or party shall have any claim for specific performance , damages, or
otherwise against the County; or (ii) waive the County's default and proceed to Closing .
5 . 2 . In the event the Seller shall fail to perform any of its obligations hereunder, the
County shall , at its sole option , be entitled to : ( i) terminate this Agreement by written notice
delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor
any other person or party shall have any claim for specific performance , damages or
otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions
hereof; or (iii ) waive the Seller' s default and proceed to Closing :
6 . Closing .
6 . 1 The closing of the transaction contemplated herein ("Closing " and "Closing Date")
shall take place within 45 days following the execution of the contract by the Chairman of
the Board of County Commissioners . 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) 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 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
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instruments as may reasonably be required to close this transaction .
6 . 2 Taxes . All taxes and special assessments which are a lien upon the property on or
prior to the Closing Date (except current taxes which are not yet due and payable) shall be
paid by the Seller.
7 . Closing Costs : Expenses . County or its agent, shall be responsible for preparation
of all Closing documents .
7 . 1 County shall pay the following expenses at Closing :
741 . 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 .
7 . 1 . 3 All costs and premiums for the owner's marketability title insurance commitment and
policy, if any.
7 . 2 Seller shall pay the following expenses at or prior to Closing .
7 . 2 . 1 All costs necessary to cure title defect(s) or encumbrances , other than the Permitted
Exceptions , and to satisfy or release of record all existing mortgages , liens or
encumbrances upon the Property .
8 . Miscellaneous .
8 . 1 Controlling Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Florida . Venue shall be in Indian River County for all state
court matters , and in the Southern District of Florida for all federal court matters .
8 . 2 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 :
4
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If to Seller: If to County:
Frank D . and .Victoria I.L. Richardson Indian River County
6570 33`d Street 1801 27th Street
Vero Beach , FL 32966 Vero Beach , FL . 32960
Attn : Public Works Director
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 . 1
8 . 9 Fees and Costs : The purchase price of $40 , 800 is inclusive of all costs and attorneys
fees .
8 . 10 "Seller acknowledges receipt of the " Notice to Owner" and understands his/her
rights granted under Florida Law Chapters 73 and 74 . "
f
Initials
9 . Additional Responsibilities of the County .
9 . 1 Seller shall be entitled to a zoning confirmation letter from the Planning Director
stating the remaining Xarcel shall not be deemed non-conforming as a result of the County
purchasing of the 33 Street right-of-way.
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
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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 attached road plans from station 409+60 to station 410+ 50 are attached and
incorporated herein as composite " Exhibit B " .
9 . 6 The Seller is entitled to 10 palm trees , either Washingtonia or Queen palms , that will
be dug and loaded onto Seller's vehicle and planted at Seller's expense .
9 . 7 The Seller shall be entitled to delivery of up to 207 square yards of pavement
millings in order to place a one inch layer on his driveway as depicted on Exhibit "C"
attached and incorporated by reference herein . The County or its agent shall be
responsible for delivery of the millings to Seller's address and Seller shall be responsible
for placement and rolling of the millings .
IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the
date first set forth above .
INDIAN RIVER COUNTY, FLORIDA SELLERS :
BOARD OF COUNTY COMMISSIONERS
.. 4 ari , Chairman Frank D . Richardson Date
pro ds BCC 9 • 42o - > >
r leAP A t4
K. n , Clerk of Court Victoria L. Richardson
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9'e
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Deputy erk '
proved :
seph A. Baird , County Administrator
Approved as to Form and Legal Sufficiency:
IN � t -
William K . DeBraa , Deputy County Attorney
6
SKETCH TO ACCOMPANY DESCRIPTION ,
THIS IS NOT A SURVEY !
EXH
IBI TT
LOCATION MAP: NOT TO SCALE
REA
41 t S . Giffor Rd :
]2600 't 2529
28
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LEGAL DESCRIPTION : PARCEL 156
A PARCEL OF LAND BEING THE NORTH 20 . 00 FEET • OF THE SOUTH 80 . 00 FEET OF THAT PARCEL OF
LAND DESCRIBED IN OFFICIAL RECORDS BOOK 1923 , PAGE 736 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.
P .
CONTAINING 0 . 146 ACRES , MORE OR LESS .
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 .
NOTE : THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A
eel GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON .
lel THERE HAS BEEN NO FIELD WORK , VIEWING OF THE
` Y C HITE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION
PROFE IONAL LAND SURVEYOR AND MAPPER WITH THE PREPARATION OF THE INFORMATION SHOWN
LICENSE N0. 4213,` STATE OF FLORIDA HEREON . NOTE : LANDS SHOWN HEREON WERE NOT
ABSTRACTED FOR RESTRICTIONS, RIGHTS- OF - WAY AND
DATE : 9/4/07 EASEMENTS OF RECORD .
4 PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY
PCW PCW 1 " = 80' PCW
W BY
SHEET TITLE 04/02/07 BEJ
ARCADIS N
ARCADIS U . S . , INC . m . ADDITIONAL R/W PROJECT NUMBER DRAWING NUMBER
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SKETCH TO ACCOMPANY DESCRIPTION .
THIS IS NOT A SURVEY !
LEGEND:
@ - BASELINE b
IRFC - INDIAN RIVER FARMS COMPANY
L - LEFT u
O.R . B. - OFFICIAL RECORDS BOOK
P . B. - PLAT BOOK
PG . - PAGE J
R - RIGHT N
R/W - RIGHT- OF- WAY
STA. - STATION
S . L .C . R . - ST. LUCIE COUNTY RECORDS 1
I 1
N
Z
g I
J
LOAM TRACT 5 1
z I-
P. B . 2 , PG . 25 ,
a uw) WEST LINE S . L. C . R .
OF TRACT 5
a A PORTION OF TRACT 5
�.; ( P . B . 29 PG . 25 , S . L. C . R . 1
UJ ADDRESS : 6580 33RD STREET
g a VERO BEACH , Fl . , 32966 I I
oI PID - 32393200001005000001 . 0
to > O . R . B. 1923 , PG . 736
L
Q N
Z I t o I STA: 409 + 70 . 45
OFFSET: 36 . 00 L
Z M I
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STA: 406 + 52 . 32 g E w tri
OFFSET: 36 . 00 L I co N 4c 156 0 $00' 25' 12"W
N00'2512E S89'56'26"E 318 . 14' M 20.00'
MOD' -
157
N89'56 26 318. 14 410 + 00 411 + 00
406 + 00 407 + 00 408 + 00 0 _
—0 409 + 00 `D POT Sta . 410 + 02 . 54
STA: 406 + 52. 19 M
OFFSET: 16 . 00 L — — — — —
33RD STREET(CHERRY LANE SOUTH LINE
OF TRACT 5
033
60 ' SUB - LATERAL "A- 4 " CANAL STA: T : 16 00
I INDIAN RIVER FARMS CO . PLAT OF LANDS OWNER.
OFFSET : 16 . 00 L
P . B . 2 , PG . 25 , S . L . C . R . FRANK DANFORTH RICHARDSON
z PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY
a PCW PCW 1 " = 80' PCW
9Dr�
ARCADIS o SHEET TITLE 04/02/07 BEWN
mADDITIONAL R/W PROJECT NUMBER DRAWING NUMBER
ARCADIS U . S . , INC . J 1053SD156
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This instrument was prepared incident to
the issuance of a title insurance contract, 2200584
and is to be returned to: THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECORDS
Jason A. Beal OF INDIAN RIVER COUNTY FL
BK: 2563 PG : 1606, Pagel of 3
Atlantic Coastal Land Title Company, LLC 03/27/2012 at 09 :08 AM , D DOCTAX PD
3850 20th Street, Suite 4 $0, 70
Vero Beach, Florida 32960 COURT JEFFREY K BARTON, CLERK OF
ACLT File Number: 41078712
Parcel ID Number: 32-39-32-00001 =0050=00001 .0
0
N
GENERAL WARRANTY DEED
This deed, 'made as of this 23rd day of February, 2012 , by Frank Danforth Richardson and
Victoria L. Richardson, husband and 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 andplurat heirs, legal representatives, and
assigns of individuals, and the successors and assigns of corporations, partnerships or other entities; wherever the context
so admits or requires)
WITNESSETH :
That the grantor, for and in consideration of the sum of $ 10. 00 in hand paid by grantee, the receipt whereof is hereby
acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and conium unto the grantee forever, all
the right, title, interest, claim and demand which the said grantor has in and to the following described parcel of land,
to wit:
The North 20 feet of the South 80 feet of the West 9.62 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 m 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
i
S
IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year fust above written.
Signed, sealed and delivere the presence of.• C
v
gos � .1 �, a ( Frank Danforth Richardson
6580 33rd St
Vero Beac FL 32966
aJ Victoria L. Richardson
6580 33rd St
Vero Beach, FL 32966
State of Florida
County of Indian River
The foregoing instrument was acknowledged before me the date hereinaftergiven, by Frank
Danforth Richardson and Victoria L. Richardson ; who was/were Odm pomenegyknown to me;
or produced identification of sufficient character so as to identify said individual(s) with reasonable
certainty; and who did/did not take an oath.
Witness my hand and official seal in the County and State last aforesaid, this 23rd day of February,
2012 .
Notary Public
Typ of identification provided (Check One) :
[river's License
[ l Passport
[ ] Government (State or Federal) ID Card x MYgp p
COMMISSION 1 Resident Alien ID Card - ; ? ' XPIRES: paober yi 8227
[
Other w de° n, otarYftk
t„�
ATLANTIC COASTAL LAND TITLE COMPANY, LLC
A Full Service , Florida Title Insurance Agency
P f:
a Ih_
SKETCH TO ACCOMPANY DESCRIPTION ,
THIS IS NOT A SURVEY !
LEGEND:
Q - BASELINE
IRFC - INDIAN RIVER FARMS COMPANY 00
L - LEFT II
O. R . B. - OFFICIAL RECORDS BOOK
P . B . - PLAT BOOK W
PG . - PAGE J
R - RIGHT-
R/W RIGHT - OF - WAY N
STA. - STATION I
S . L . C . R . - ST. LUCIE COUNTY RECORDS
I I
J o I TRACT 5 1
z P . B . 2 , PG .25 ,
u 3 Lo WEST LINE S. L . C . R . I
°' `�' OF TRACT 5
a ou a I A PORTION OF TRACT 5
w 04 P . B . 21 PG , 25 , S . L . C . R . I
a m I ADDRESS : 6580 33RD STREET
Ci VERO BEACH , FL . , 32966 I
ma c I PID - 32393200001005000001 . 0
> O . R . B . 19231 PG . 736
a
Q 3 N
STA: 409 + 70 . 45
z ( a I OFFSET ' 36 .00 L
�) ombdomp z M 1
N �
STA: 406 + 52 . 32 o E w m
OFFSET : 36 . 00 LI o c 156 b S0002512 "YV
N00' 25 ' 12 "E co N S89056' 26"E 318 . 14' ro O 20 .00'
20. 00' _
157
N89* 56 * 26 "W 318 . 14 410 + 00 411 + 00
406 + 00 407 + 00 408 + 00 0 _
t - 409 + 00 - `j POT tON 410 + 02 . 54
STA: 406 + 52 . 19
OFFSET : 16 . 00 L -
33RD STREET(CHERRY VgNlETSOUTH LINE
OF TRACT 5
� STA: 409 + 70 . 33
60 ' SUB - LATERAL "A - 4 " CANAL -� OFFSET : 16 .00 L
INDIAN RIVER FARMS CO . PLAT OF LANDS OWNER:
P . B . 21 PG . 25 , S19C . R . FRANK DANFORTH RICHARDSON
`. PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY
PCW PCW I ' = 80' PCW
CIS SHEET TITLE DATE: DRAWN BY
04/02/07 BEJ
10 , ADDITIONAL R/W PROJECT NUMBER DRAWING NUMBER
ARCADIS U . S . , INC .
s 2081 vista Parkway Tei: (561 ) 697*7000 Fax: (561 ) 697*7751 WPOO 1053 1053801156
Q West Palm Such, FWda 33411 www.andismus.00m SHEET 2 OF 2
OWNER ' S POLICY OF TITLE INSURANCE
(with Florida Modifications)
* Policy Number OXFL =08077463 File Number: 41078712
* * * 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 exceedingathe 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;
NO a document not properly filed , recorded, or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law; or
(vii ) a defective judicial or administrative proceeding .
( 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 : 772-5694364
400 Second Avenue South; Minneapolis, Minnesota 55401
(612) 3714111
gym President
Authorized Officer or 1 icensed Agent
ORT Form 4309 FL
7• Attest Secretary
ALTA Owners Policy of Title Insurance 6 1 O6 (with Florida Modifications)
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 B. 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
1
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 : d the delivery of marketable title .
( a) "Amount of Insurance" : The amount stated in Schedule A, as may 2 CONTINUATION OF INSURANCE
be increased or decreased by endorsement to this policy, increased
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
an estate or interest in the Land , or holds an obligation secured by
Schedule A.
a purchase money Mortgage given by a purchaser from the Insured ,
( c ) " Entity" : A corporation , partnership, trust, limited liability '
company, or other similar legal entity. or only so long as the Insured shall have liability by reason of
warranties in any transfer or conveyance of the Title . This policy
( d ) " Insured " : The Insured named in Schedule A. shall not continue in force in favor of any purchaser from
the
( i ) The term " Insured " also includes Insured of either ( i ) an estate or interest in the Land, or ( ii ) an
(A) successors to the Title of the Insured by operation of law as obligation secured by a purchase money Mortgage given
to the
distinguished from purchase, including heirs, devisees, survivors, Insured.
personal representatives , or next of kin;
( B) successors to an Insured by dissolution , merger, consolidation , 3 . NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
distribution, or reorganization ; The Insured shall notify the Company promptly in writing ( i ) in case
(C) successors to an Insured by its conversion to another kind of of any litigation as set forth in Section 5( a) of these
Conditions, ( ii )
Entity; in case Knowledge shall came to an Insured hereunder of any claim
( D ) a grantee of an Insured under a deed delivered without of title or interest that is adverse to the Title, as insured ,
and that
payment of actual valuable consideration conveying the Title might cause loss or damage for which the Company may be liable
( 1 ) if the stock, shares, memberships, or other equity by virtue of this policy, or ( iii ) if the Title , as insured , is
rejected as
interests of the grantee are wholly-owned by the Unmarketable Title. If the Company is prejudiced by the failure of
named Insured, the Insured Claimant to provide prompt notice, the Company's
( 2 ) if the grantee wholly owns the named Insured , liability to the Insured Claimant under the policy shall be reduced
( 3) if the grantee iswholly-owned by an affiliated to the extent of the prejudice.
Entity of the named Insured, provided the affiliated 4. PROOF OF LOSS
Entity and the named Insured are both wholly-owned In the event the Company is unable to determine .the amount of
by the same person or Entity, or loss or damage, the Company may, at its option, require as a condition
(4) if the grantee is a trustee or beneficiary of a trust of payment that the Insured Claimant furnish a signed proof of
loss.
created by a written instrument established by the The proof of loss must describe the defect, lien, encumbrance, or
Insured named in Schedule A for estate planning other matter insured against by this policy that constitutes the
purposes , basis of loss or damage and shall state, to the extent possible , the
( ii ) With regard to (A), ( B ), ( C ), and ( D ) reserving, however, all rights basis of calculating the amount of the loss
or damage ,
and defenses as to any successor that the Company would have had
against any predecessor Insured . 5. DEFENSE AND PROSECUTION OF ACTIONS
( a ) Upon written request by the Insured , and subject to the options
(e ) " Insured Claimant" : or Insured claiming loss or damage .
( contained in Section 7 of these Conditions, the Company, at its
f) " Knowledge " or " Known " : Actual knowledge, not constructive
knowledge or notice that maybe 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
notice Public
matters affecting anythe Title . a claim covered by this policy adverse to the Insured. This obligation
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
I including one evidenced by electronic means authorized contained in Section 7 of these Conditions, at its own cost,
to
inlaw. institute and prosecute any action or proceeding or to do any
( i ) " Public Records " : Records established under state statutes atby other act that in its opinion
may be necessary or desirable to
establish the Title , as insured , or to prevent or reduce loss or
Date of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without damage d the Insured . The Company may take any appropriate
action under the terms of this policy, whether or not it shall be
Knowledge. With respect to Covered Risk 5( d), " Public Records" liable to the Insured . The exercise of these rights shall
not be an
shall also include environmental protection liens filed in the records admission of liability or waiver of any provision of this policy.
of the clerk of the United States District Court for the district where If the Company exercises its rights under this subsection
, it must
the Land is located . do so diligently.
(j ) "Title" : The estate or interest described in Schedule A. ( c ) Whenever the Company brings an action or asserts a defense
( k) " Unmarketable Title" : Title affected by an alleged or apparent as required or permitted by this policy, the Company may pursue
matter that would permit a prospective purchaser or lessee of the the litigation to a final determination by a court of competent
Title or lender on the Title to be released from the obligation to jurisdiction , and it expressly reserves the right, in
its sole
ORT Form 4309 FIL discretion , to appeal any adverse judgment or order.
ALTA Owners Policy of Title Insurance 6.17-06 (with Fforida 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 Ib1, the Company
judgment of the Company, it is necessary in the administration of will also pay those costs, attorneys' fees, and expenses incurred
in
the claim . Failure of the Insured Claimant to submit for examination accordance with Sections 5 and 7 of these Conditions.
under oath , produce any reasonably requested information , or
grant permission to secure reasonably necessary information from g. LIMITATION OF LIABILITY
third parties as required in this subsection , unless prohibited by ( a) If the Company establishes the Title , or removes the
alleged
law or governmental regulation , shall terminate any liability of the defect, lien , or encumbrance, or cures the lack of a right
of access
Company under this policy as to that claim . to or from the Land , or cures the claim of Unmarketable Title , all
as
insured , in a reasonably diligent manner by any method, including
7 . OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS, litigation and the completion of any appeals, it shall have fully
TERMINATION OF LIABILITY performed its obligations with respect to that matter and shall not
In case of a claim under this policy, the Company shall have the be liable for any loss or damage caused to the Insured .
following additional options : ( b ) In the event of any litigation , including litigation by the Company
( a ) To Pay or Tender Payment of the Amount of Insurance , or with the Company' s consent, the Company shall have no liability
To pay or tender payment of the Amount of Insurance under this for loss or damage until there has been a final determination by
a
policy together with any costs , attorneys ' fees, and expenses court of competent jurisdiction , and disposition of all appeals,
incurred by the Insured Claimant that were authorized by the adverse to the Title , as insured .
Company up to the time of payment or tender of payment and that (c) The Company shall not be liable for loss or damage to the
the Company is obligated to pay. Insured for liability voluntarily assumed by the Insured in settling
Upon the exercise by the Company of this option, all liability and any claim or suit without the prior written consent of the Company.
obligations of the Company to the Insured under this policy, other
than to make the payment required in this subsection, shall terminate, 10 . REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
including any liability or obligation to defend , prosecute , or Contin- OF LIABILITY
ue any litigation . All payments under this policy, except payments made for costs,
( b) To Pay or Otherwise Settle With Parties Other Than the Insured attorneys ' fees, and expenses , shall reduce the Amount of Insurance
or With the Insured Claimant. by the amount of the payment.
( i ) to pay or otherwise settle with other parties for or in the
name of an Insured Claimant any claim insured against under this
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6.17.06 (with Florida Modifications) Page 4
I
CONDITIONS ( con't)
11 . LIABILITY NONCUMULATIVE 15 . LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
The Amount of Insurance shall be reduced by any amount the Company CONTRACT
pays under any policy insuring a. Mortgage to which exception is taken ( a) This policy together with all endorsements, if any, attached
to it
in Schedule B or to which the Insured has agreed , assumed , or taken by the Company is the entire policy and contract between the
subject, or which is executed by an Insured after Date of Policy and Insured and the Company. In interpreting any provision
of this
which is a charge or lien on the Title , and the amount so paid shall be policy, this policy shall be construed as a whole
.
deemed a payment to the Insured under this policy. ( b) Any claim of loss or damage that arises out of the status of the
Title or by any action asserting such claim whether or not based on
12 . PAYMENT OF LOSS negligence shall be restricted to this policy.
When liability and the extent of loss or damage have been .definitely ( c) Any amendment of or endorsement to this policy must be
in
fixed in accordance with these Conditions, the payment shall be made Writing and authenticated by an authorized person , or expressly
within 30 days . incorporated by Schedule A of this policy.
( d ) Each endorsement to this policy issued at any time is made a
13 . RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT 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 losso in real property and applicable to the interpretation , rights, remedies,
( b) The Company's right of subrogation includes the rights of the or enforcement of policies of title insurance of the jurisdiction
Insured to indemnities, guaranties , other policies of insurance , or where the Land is located .
bonds, notwithstanding any terms or conditions contained in those Therefore , the court or an arbitrator shall apply the law of the
instruments that address subrogation rights . jurisdiction where the Land is located to determine the validity of
claims against the Title that are adverse to the Insured and to
14. ARBITRATION interpret and enforce the terms of this policy. In neither case shall
Unless prohibited by applicable law, arbitration pursuant tothe Title the court or arbitrator apply its conflicts of law principles
to deter-
Insurance Arbitration Rules of the American Arbitration Association mine the applicable law.
may be demanded if agreed to by both the Company and the Insured at ( b) Choice of Forum : Any litigation or other proceeding
brought by
the time of a controversy or claim . Arbitrable matters may include , but the Insured against the Company must be filed only in
a state or
are not limited to , any controversy or claim between the Company and federal court within the United States of America or its territories
the Insured arising out of or relating to this policy, and service of the having appropriate jurisdiction .
Company in connection with its issuance or the breach of a policy
provision or other obligation . Arbitration pursuant to this policy and 18 . NOTICES, WHERE SENT
under, the Rules in effect on the date the demand for arbitration is Any notice of claim and any other notice or statement in
writing
made or, at the option of the Insured, the Rules in effect at Date of required to be given to the Company under this policy
must be given to
Policy shall be binding upon the parties . The award may include the Company at 400 Second Avenue South , Minneapolis ,
attorneys' fees only if the laws of the state in which the Land is Minnesota 55401 -2499, Phone : 612-371 - 1111 .
located permit a court to award attorneys' fees to a prevailing party.
Judgment upon the award rendered by the Arbitrator( s) may be
entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules .
A copy of the Rules may be obtained from the Company upon request.
ORT Form 4309 FL
ALTA Owners Policy of Tile Insurance 6.17-06 (with Florida Modifications)
Page 5
a
i
Jt
r r � '
u C 01*1
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 : 41078712
Policy No , OXFL-08077463
Effective Date : March 27, 2012 at 9 : 08 AM
Amount of
Insurance . $ 40,800.00
Address : 658033 ID 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 the West 9. 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 .
Pol I - Policy Insert Page 1
OLJ REPiBLIC NE1TI0 ALTTTLE INStTRA.NCE' COM * kl1Y
k
wvr
xk Qwmnee POII
Countersigned :
zed Signatory
ATLANTIC COASTAL LAND TITLE COMPANY, LLC
3850 20`h Street, Suite 4, Vero Beach , Florida 32960
Telephone : 772=569=4364
Poll - Policy Insert Page 2
n FHq
D
&1i ALS INS1 COQ'
-
I le
� � x� �r!sltl��id U >rance Pbllcy J y e
Agent's File No : 41078712
Policy No : OXFL- 08077463
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 :
is (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 w"- the nature and extent of riparian
and/or littoral rights, title to any portion of the land which is submerged, title to any portion below the mean high water
mark of a tidal waterway, and title to any portion which consists of " filled- in lands " ; and/or any claim that any portion
of said lands are sovereign lands of the State of Florida.
(d) Taxes or special assessments which are not shown as existing liens by the public records .
SPECIAL EXCEPTIONS :
2 . The mortgage referred to in item 2 of Schedule A hereof, if any.
3 . General and special real property taxes and assessments for tax year 2012 and subsequent years .
4 . Ditches , canals and road rights of way (if any), as reserved or described on the plat of
INDIAN RIVER FARMS COMPANY, as recorded in Plat Book 2 , at Page 25 , of the Public
Records of St. Lucie County, Florida,
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
i
Pol I - Policy Insert Page 3
i
r
T� LFN# VANE
Ill Titt1CC
insured hereby under any provision of the Florida Statutes including Section 159 . 17; and/or any county, municipal, or
special taxing district assessment, including those levied under the provisions of Chapter 190 , Florida Statutes .
Note 2 : All references herein to recorded instruments, refer to recordations contained within the Public Records of the
county in which the land is located. Reference to instruments among the Public Records refer to the first recorded page
of the instrument, but include by reference all pages recorded under the Clerk's File Number assigned to the instrument
referred to .
Pol I - Policy Insert Page 4
i
FIN I
A. etdement stratemtntU S . Department of Wiaming
1hiparod by, and Urban Development
Atluntic Coastal Land 11ttr Company, LLC a4uakal
1,950 2i th -Sitect.- uito 6,. v arts f3cwh, 141oTWA 32960
t Ml3 No,, 2m 265
I3.
TYjLe 1sf Loam
L 0 "FRA 2. 0 t°vnRAN 3. Q Cutin. U04010- � P r, Nuntxr 3, tuatFwex s. r�w ri.�: a�rinK.rt; � w.,,
4, O VA 5 , a cane, lila. 410711712
C.. Notet 'C'Fris fc+rm is f4rnlxhed to *4W yrxtr a sPatownt of trrmal sen m w cosm Amr.ounis pyoid to arld by, rip sertier eat rrgertr are
aFrraatrt. Frcnaa rttatati rF *(Fr,ea.d r t{ire pratid owside the dosing; thew are sPtaavrtP.irre far Fr�(rrrxntttir�rt€p pzt+rpa us r atr� n€e clap inePurPer
ria
Indian Kim C:it uq$ ar t'otitivol Subdivixton.ottl1w Stute ,of[larlda
1St41 27t1t 3t
eau lleuh, tr1. 32INA1
�.sx > a+ „xnr a 9arr Frank Dunrarth Richardson
6580 33rd: St" "
a cssasfxmur. iau,.- . fiS !!
3W 84 Wra Omd4 FL. 32%6
_. _. ._ .. _ ........_ _ . ...... . .... ......._ IN I 1 11_V._
i i 'xrnaiva�rxwxr.' . .. _.
vrnkm r air r, Adutic COMW Land 744 t ntn;utay LLC '
w,4,.'A,0 crrnrautoo, 3850 201b Srr"eat, 'Sufte 6t Vem geueh, Me" 32W t'tt�a'xizac .2111..
JW� GROSS AA101I .NT DUE INFIRMI BORROWER : 400,
1ht . ctntractSa9rsf�Iica~ S 411,80001'1 401 Contract S 44I8t1Utl0
�_ �. . ., .. , _ ._ _ IV
-
1t12, .tr FhYala3Alf 1t a 402 f�urnoltoPsolv4
1034 Seiticinent stag +ex to burrower; 131.3{J t[t1
......,�«.. ._._. s.._..u..�._ .. .. .. .7 ....0� � ._...._..
104. i t4p1.
ItLS
Ar1Ik15 WIT'S FOR 11`1+MS PAID uY SEt.1 R KADVANCK4 fytk I S"thtMS VDk ITNIS PAIra HY zF.l,A.t k' INA UVANt kE'
107. countyT.axcs 4 �ieittg 121' 4' eye . � � 1JIiC1 "_ r yuutty,T tx4ti t $nxit�� 1);rre cry I "J31
409. Amowwwhts 4) 408,. Asmmnwus to
a 4W
lilt e. .. 411
411
L10c GROSS DUE FM BIORROWEAU 8 41,533,30 430 GROSS DUE TO S L,LER: 40,W,60
_2,.01. � m m _ � ._. St1 , Pccsxdrp slrInstructions)
. . - ..... .., _,,.
2412, print a1 altaoro6w, Imn 8 0.71fi1 SQm . Sratlral{entClaax stosellee. S 0.19)
"213 kxigitpg Wain t4keat :suhprek to SUi I x islinc to ins lakcn staUp a t to
I. 11 _ .
I.
2tyy, St3#, fksnriptilM�t �ayxn� tattuiicztr� S 6 1 1.4t47t1
2115 54}r Pdacirml Moo payment to WF � 12,101 W
. ,._ : m ,V _ ,,.w .,._, .., . {.. ,, �. _ �m . .
2116. StBi.
2SY1 . itY1,
2081508.
2{19: 509.
NADJUSTMEMIlM 144TEMSAUNIPPAID 1.1.3' S1 b at t Ti t �1L��,C3It 1L31�5 tT�ta�tt? E3l SCLL
211 . County Taxes 111 - Clotd,ng, haft S 4.1lt) Fe"51a County trxes III IF Clnsing W, to $ 0
a 1 ... Axx#tlClitS toto
213P 5134
214.
_m. .. . _ .. _.. _ _ - ... .
2154515 .
216, 51fa.
217, 517 .
218, 518.
1114 , 1 _ .
219. ellISA
2111. 4 '01 A1 . 1'AID ItYFFt31t 11,t1{i .S2U. 1K)TAI . RI t1'1J4'7'IONS t7
pi)RROWIER; AMOUNT PUB TO SEL 11 lett;
3U 1 . Grins ant due Irtttn Lvr wer Ne�5 4L.53130% a GtoanVNI tut due to Mitt l 4fi].ItCaCttlrl
We
302. Lasa amt acid pear botrower S . 06W 1 . 6M . Less redueticas in amt date seller $ K14 ' ?10D
303. CASH FKOM ttfl2tit035'LtIL 410S33.30 (43. CAS.it TC1 :if`LL.11Ptt : 1 $ 22: 09M
F11 DwIl (3-436) RMPA, HH 43US:
OFF
t
L,. SETTLEMENT CHARGES
700. T( YTAL SALEW ROKFR'S C'OIe4MISSIONY 5 , BASED ON PRIG l�F5t0,t1(III.Ot�, PAF"D FROM PAID FROM
M
S . 111JIt[(CJW`l ftS SLtI tl ft'S
FUNDS AT FUNDS AT
701 . $ ttr S011XMENT SETTMt IEtdTT
7(I2; $ tt)
7a�., Cnana»fssnn ittd tat sCittlstt�nt ,
*01 . '0 onn origination f& % ti)
1002 Loan 19iwenant % t* IF "Iden
_.., , . ......... .._...
011)3 A tusatlutu
111<1 ell, ed-VI'llen,
, _. ._ _............ ..... . ..... 3 .. ,, .,, . I , ed _..._.... —
g01 i. Cn c1Ifi,R a
to:
805, lxriticr s IRsaecte-an fee to
S(k Mo e e Insurance arllcetrtra fee to
...... . . ., ell lend.. ,. . . . ,.,.,_ . ., .,,..i,.
8(17 A"umltitott fee ro ledF. _. . _. .
I'd11111.:
lnwmstfrom to Iday
..,,...,.:, ,,.<.<,...� , . . , ..... ....be rl ._ lend __.. _.__ � 1 1 _ ..,. , ... .. .... .... ...
OF F :.
a)U2_ Mov,,tle111,wraaflWe vmnniulnf loos to
901. 1lurard in+urunce emions line Vies to
904 1 lotad Fee-
ios+rrwite txrtantuart t on yrs tt+
01014. _ _._�_ . . —
1 11 , }toxnxt9 iu attrrte rnoatMs t ,. ,per moody
10111 MM insurance enoau'trt 5 ni�tth
! (K34. ( atataFopcttl cmxt & r drbrrtth
i tgl7, OF
Flerad a raWncet nat)PStIltt 'tier tatartzh
Aal usttnert Amount
I ) ol'd Se lcniont IF,ranctosin foc to .Atluntic Coustal t .srntl 'l'fla Iri Cum !oXo LC to g4Y1,tDtt 5 0,01t
ded
I I IJ2., Abstract era tWe eamli to Atlantl> Cowfal t ,s od '11ded ()ompnnyJ, LLC $ 95A0 $ tt tsil
lederw .
1101 Title f'uwifltwinarn to Aaluntlt Caastul Land Title Company, � lltltl
. _ _. , _ _. . ,, _M.... ., %I. .
1104, 7 ttic iitwmnee biialue to
� ...,
I I05> 17nrurracatt t r ttttnt to
I t1FF 6, IIg0 r Pec11 s try
11 1 11 ,.,, , �,.
1107 Ammp 's Iecti to
In _ X w., Fee I I I
110& Tatlr ansuraatce to AUantle Coustol Land Tltl¢ Caret nv LLC
1109, Lenders can-crpige $
, ,. ...�
I l I0. Owner's culijam rz $-bsl,900,M)
1111 Florida ("ittt aAicltstxe 1~trdta[waateett (Fchrnt 9)
,, .>,
1112, ALTA Envlronmicatdl Protection. Cagy FAcloTwme at Ftsrrn $ ,
I end
1113
, d _
11 14F,
IIISM
FIFF,FFIFFIFFIFF—IFF—d— In
12(1I. Rectar4h ftt t : tlt eel $27 001 i, 27,OS1
Fill .,,,:
12101 tore 4AXIstiunps. 13 d $,70 3 IF.711 g
12114 , Int.°ann blc tax c o h�i6r a . . .. __, : .m m._._
rt a $ (fewI OFFew,One
t20S. RurCia112cl an of Aitrrt x r 3 ? alp $ 0100
w. .................._.
12006:
11011 , SuINC , to `
Tnspeatiort to _ m
[ 303 Ex s� delivu SfaodElx) toAtlantrCCotistulfocMortgagc � rrll (s) $ � 4� 5 0.00
OFFIFFIF0300. Wire
I, 7 ianntac 1 vx to [ttdii Couxt tt $ 1 %to o
_ m
I
Feel
1305, T71 iurl Archivcff5te Scunntns t ur Atlotic Co"tai � �.._ _ .. $ _
1306, Partial Releiso Fee to Hank of Arwricw= $250,00 (SR10 0111'S']e !t y Cougy) _ $ 2507 00 ,
_ , _ . . .. _ , _ . a_ .. I , , Flee..
11017 Purtlztl pcowse N�c to Wells Fugo r S3500w (1; #50tY) POC by Covint,
1308.
....
1 :1tFee _ _. _ _. _ ,.
I -er _. _ . ,. .. IIIIr ' Old
111tl.
0311'.
011 ?
140(1. TOTAL SE'll"F `IlF.3ITKNTCHARGES tu ,rrenwnimismoms - wwt• 102 :s kOwX) $ 733.30 Q.<ll)
_ . _ - _
t have carefully t'evio"d'ike IW ? I Sardo meat hate meat and Le diclicat of away luvar Cd and $�ad, i, as a t,uc-ond a0vurat stoter nt
of all taaeipts add distnars monts tirade can my ab�xxauiat ser try rre in this fr4tnaa4ctii� 1. T ftatttaet cristify tlaai € h ars received awpy
oC 14M f
Srttl��ezaznL Siatttnsaxtt.
5uUr:�s.
rank Dauilacth RMardsou
tltiyt<xsr
id em Ltivee. C utulty o Pollucal Sub iv'.iio;n or the State or Florida
Ily
William K, Dellra-al
its Deputy County Attnnrcy
Some beasts tal1�3liguou my ter bacwd on geed faitlaeetianaicx timi ;requstc past-cla im� uitlr4wnncaai. Away wraiatkAl in acttual t cans
rrku) chose tiflectm l7man that result in ovtrchaagcq rte urxieretaarge%not in eccess of S25J)O to any perky sh all lea crediked tour
dabiwd against closing Iffims chargr.A by AlluticCoastal T:.atad Titic CoMpMy, LLC, It Isivahawattenlotid. and al e ,ltncticx Iter etu
agwmthat all ft uds received by Aikmiic Com,tal Liind Tift Company, UC may be. placed In escrow aacoants that stay besubject tea
Overnight Reutchase Aomneau be w an Atlantic CeaxMi and i1qiUpaskwy bar Interest t d as the result ni start agretmentst
ifalt' is the prbpmy of Atlantic Coastal Land Title Cont;ianyt LLC p
'atm 1> UD& I Settleateau Sin!wnent "eh I have ptepured Is a t ae and acc omw acc=t of dOx uuasaction. l have caused or will caves
the koda try he disbursedn eccotdsnce with this statement,
Atlatl tjc ' c ' �n'y, LLC (settlement Avnet .
Uming Date: Fobivatry V, 2012
WAIiNR40 ; lr is a crime to knowi*y make to 11141 uniaed scutes etre rotor. Nualties upon
conviction can ittclrrda a ITtas or I111ps-isommaent. Giza details mw; `["ikle 1s V. 5. ode Section 1001 and $ectican tO14).
Part of Parcel # 32-39-32-000014050 =00001 . 0
Purchased by Indian River County from Frank Danforth Richardson and Victoria L. Richardson
Public Purpose : 33`d Street right-of-way
RESOLUTION NO . 201 , 2 = 097
A RESOLUTION OF INDIAN RIVER
COUNTY , FLORIDA, CANCELLING
CERTAIN TAXES UPON PUBLICLY OWNED
LANDS , PURSUANT TO SECTION 196 . 28 ,
FLORIDA STATUTES .
WHEREAS , section 196 . 28 , Florida Statutes , allows the Board of
County Commissioners of each County to cancel and discharge any and all liens
for taxes , delinquent or current , held or owned by the county or the state , upon
lands heretofore or hereafter conveyed to or acquired by any agency ,
governmental subdivision , or municipality of the state , or the United States , for
road purposes , defense purposes , recreation , reforestation , or other public use ;
and
WHEREAS , such cancellation must be by resolution of the Board of
County Commissioners , duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are or
will be devoted ; and
WHEREAS , upon receipt of a certified copy of such resolution , proper
officials of the county and of the state are authorized , empowered , and directed
1
RESOLUTION NO . 2012 = 097
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 Frank Danforth Richardson and Victoria L .
Richardson for 33rd 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 2663 , Pages 1606 =1608 , 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
s
)OMOLLY AINnO:) Amina
l d`o' 934 'N WVIIl
a IlJ
1 =tdns ` VE) 31 Cil V
Wdo3 Ol Sid COAOliddV
$ jopolloo xel 431M pa;lsodoo
pue panlaoaa xel pa;egad ;uejjno
ON sGA
6ulpue;s;no sa;eogpeo xe
c ,°r�N�p�• a�i�,^^y ,4
Nialo Alnda(]
4 A8
' lr
147
a • � T s
o
aallaildwo0
s
4'� '• ' o�` pue :pno0 linomo }o
y°�d�yo�(1• (.1. .'A.' 'n.1O��,y`'c ` mia10 ' ulIwS ' I Raa:laf- @iS311d
4y^4 J 'uYY • •MpNO
uewjle40 'aalaa . 0 tie0
AS
d01bO13 'AiNf100 b3nl NVIGNI
SN3NOISSIWW00 AINf100 30 a2i`d08
' ZLOZ `jagojoo jo Aep 1146 s14l paldope
pue passed Alnp uol}nlosai eqj pajeloap uodnaiayl uewjley0 ayl
IieloS qoS
a943sa13 ' 3 gdasor
Shea ' S AalsaM
aA- uewiley0 aoln ' ueti8 , 0 ' a as}ad
UBWJI840 'aaleayM . 0 AjeO
L60 ` Z GOZ ' ON Noun "iosmi
s
. 2200584 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN
RIVER CO FL , BK : 2563 PG : 1606 , 03 / 27 / 2012 09 : 08 AM DOC STAMPS D $ 0 . 70
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 20" Street, Suite 4
Vero Beach, Florida 32960
ACLT File Number: 41078712
Parcel ID Number: 32-39-3240001 =0050-00001 .0
0
N
GENERAL WARRANTY DEED
This deed, made as of this 23rd day of February, 2012, by Frank Danforth Richardson and
Victoria L. Richardson, husband and 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
nd --
assigns of individuals, and the successors and assigns of corporations, partnerships or other entities; wherever the context
so admits or requires.)
WITNESSETH :
That the grantor, for and in consideration of the sum of $ 10.00 in hand paid by grantee, the receipt whereof is hereby
acknowledged, does hereby grant, bargain, sell, alien, rermse, release, convey and confirm unto the grantee forever, all
the right, title, interest, claim and demand which the said grantor has in and to the following described parcel of land,
to wit:
The North 20 feet of the South 80 feet of the West 9.62 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 iawf d 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 : 2563 PG : 1607
'r
IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year fust above written.
Signed sealed and delivere 4 On the presence of
T
/7Q ( Frank Danforth Richardson
6580 33rd St
VWBeacFL 32966
KGS P S • Victoria L. Richardson
6580 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 Frank
Danforth Richardson and Victoria L. Richardson ; who was/were either- wnemd1yc known to me;
or produced identification of sufficient character so as to identify said individual(s) with reasonable
certainty; and who did/did not take an oath.
Witness my hand and official seal in the County and State last aforesaid, this 23rd day of February,
2012.
Notary Public
Ty of identification provided (Check One) :
14 Driver's License
( J Passport '
( ) Government (State or Federal) ID Card ? MYCOMMJ �OANOp327
( ] Resident Alien ID CardEXPI
ti ,htG`�' Bwdo � Ocrober it 20t2
( ] Other �daiwdor,
ATLANTIC COASTAL LAND TITLE COMPANY, LLC
A Full Service, Florida Title Insurance Agency
, BK : 2563 PG : 1608
Its
SKETCH TO ACCOMPANY DESCRIPTION ,
THIS IS NOT A SURVEY !
LEGEND .
Q - BASELINE o ;
IRFC - INDIAN RIVER FARMS COMPANY Co
L - LEFT II
O. R . B. - OFFICIAL RECORDS BOOK FINE
P . B. - PLAT BOOK frowns
w `
PG. - PACE
R - RIGHT
R/W - RIGHT - OF-WAY J
STA. - STATION
S.L.C.R . - ST . LUCIE COUNTY RECORDS J
I I
N IO
J o -��y TRACT 5 1
a � P. B. 29 PG . 25 ,
u a Ms, I�� WFS1 LINE S. L . C . R , i
OF TRACT 5
J a I A PORTION OF TRACT 5
C.; I P . B . 2 , PG. 25 , S. L. C . R . I
0: 6 ADDRESS: 6580 33RD STREET
LIM M
VERO BEACH , FL . , 32966 I 1 l
o (x ( PID - 32393200001005000001 .0 I
O . R . B. 1923, PG . 736
� C
\ N
I a I STA: 409 + 70. 45
1 fOFFSET: 36 .00 L
Z
K
\/ Islow
i
STA: 406 + 52 . 37. c E w
OffSEi : 36 .00 l I o c 156 o T>: SOU . -FM 12 "W
N00025' 1 2 "E N S8905626"E 318 . 14 Ina 20.00_
20.00 ��
LL 157
_ N89'S6 26 "W 318 . 14 410 + 000 411 + 00
00
406 + 00407 + 00 408 +00 - o rVE
-M 409+00 tl° T l0 . 410 + 02 . 54
S (A: 406 + 52 . 19 _ _ _ -- -. L�pFfSEI : 16 .00 I. [ - '- ' ' --
MIAMI
T 33RDSTREET(CHERRYLMMMwANE_) SOUTH LI
OF TRACT , 33
60 ' SUB - LAT
F.. RAL "A -• 4CANAL -� T : 1600
OFFSET ; 16.00 L
INDIAN RIVER FARMS (:0 . PIAT OF LANDS OWNER :
P . B . 2 , PG , 25 , S , L .C . R . FRANK DANFORTH RICHARDSON
PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECNEO BY
a Sri, ARCAA DIS PCWPCyT " 80' PCW
c . SHEET TITLE DATE:/02/07 8DRAWN"Ift BY
ADDITIONAL R/W PROJECT NUMBER DRAWING NUMBER
ARCADIS U . S . , INC . '' I
FIRM R 2081 VIM Peftay Tak (561169T•I000Fat: (58f169T•IT51 WP001053 1053SD156
� We9 Perm Beach, FWda 37411 www.arcadlc.Ma.opm SI IEE 2 OF 2