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HomeMy WebLinkAbout2011-132 I AGREEMENT TO PURCHASE , AND SELL REAL ESTATE BETWEEN �O /l •Ic� oZ. INDIAN RIVER COUNTY AND STEPHEN D . AND FRANCES G . SHERWOOD THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement" ) is made and entered into as of the day of Junk , 20111 by and between Indian River County , a political subdivision of the State of Florida , 1801 27 '" Street , Vero Beach , FL 32960 ( " the County" ) , and Stephen D . and Frances G . Sherwood , husband and wife , 6530 33"' Street , Vero Beach , FL 32966 , ( " Sellers" ) , who agree as follows : WHEREAS , the Sellers Stephen D . and Frances G . Sherwood own property located at 653033 Id 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'" Avenue in the future and the road expansion will impact and affect 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 33`d Street ; and WHEREAS , the County has contacted Sellers and has offered to purchase an approximately 0 . 077 acre parcel of property from Sellers to be used as right-of-way as depicted on Exhibit "A " ( the Property) ; and WHEREAS , the County is prepared to take the Property by using its power of eminent domain ; and WHEREAS , Sellers are represented by George A . Glenn , Esq . ; and WHEREAS , Stephen D . and Frances G . Sherwood 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 1 i this Agreement , that certain parcel of real property located on the north side of 33`a Street east of 66 ` Avenue , Vero Beach , Florida and more specifically described as Parcel # 158 in the sketch and legal description attached as Exhibit "A" , containing approximately 0 . 077 acres , and all improvements thereon , together with all easements , rights and uses now or hereafter belonging thereto ( collectively, the " Property" ) . 2 . 1 Purchase Price Effective Date . The purchase price ( " Purchase Price" ) for the Property shall be $ 40 , 000 ( Forty 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 is indefeasibly seized of marketable , fee simple title to the Property , and is the sole owner of and has good right , title , and authority to convey and transfer the Property which is the subject matter of this Agreement , free and clear of all liens and encumbrances . 4 . 2 From and after the Effective Date of this Agreement , Seller shall take no action which would impair or otherwise affect title to any portion of the Property , and shall record no documents in the Public Records which would affect title to the Property , without the prior written consent of the County . 4 . 3 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 . 2 . 1 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 . WOW ( e e p e or bpitPr rnndaLon t* a + � � ^ + thP_Fff�ctive Date hPrPnf ( c ( 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 or prior 3 to the Closing Date ( except current taxes which are not yet due and payable ) shall be paid by the Seller . 7 . Closing Costs : Expenses . County shall be responsible for 1Using damirnp ts . �.,. �>,,� 01. . .E Va ,.� oT L kw•-. �t� 6, ��- W 7 . 1 County shall pay the following expenses at Closing : 741 . 1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement . 7 . 1 . 2 Documentary Stamps required to. be affixed to the warranty deed . 741 v3 All costs and premiums for the owner' s marketability title insurance commitment and policy , if any . 7 . 1 . 4 The appraisal fee of $ 3 , 250 . 00 to Boyle and Drake , Inc . for their appraisal performed on this parcel: The invoice is attached as exhibit "C " to this Agreement . eF 09F 49 1216; Ao g : (10 7, 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 . 5 �. w�` �-�- � �� \INA %I* ""'�'` 'R • . U, KO 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 If to Seller : If to County : Stephen D . Sherwood Indian River County Frances G . Sherwood 1801 27th Street 6530 33`d Street Vero Beach , FL . 32960 Vero Beach , FL 32966 Attention : 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 . 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 $ 40 , 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 . " 5 9 . Additional Responsibilities of the County . 9A 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 331'd 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--- ar size a 4✓ l 9 . 4 If construction plans call for construction activities under the dripline of any tree on Sellers 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 Fines and poles to the County right-of-way and not on the Seller' s property . 9 . 6 The attached road plans from station 410 +40 to station 412 + 20 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 the 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 . INDIAN RIVER COUNTY , FLORIDA BOARD, �l COUNTY COMMISSIONERS 0I d �ex OK idea Bib Solari , C,hairt� , r + - Steph n D . Sherwood Date vn gid;rCLl Jeff're.y. art r rk of rcui Court Frances G . Sherwood Date Deputy Clerk 6 Approved : Approved as to Form and Legal Sufficiency : *se?phtBaird , County Administrator William K . DeBraal Deputy County Attorney 7 SKETCH TO ACCOMPANY DESCRIPTION , THIS IS NOT A SURVEY ! LOCATION MAP: NOT TO SCALE 26 DI 2S 41t S S'. Giffor Rd, 30 29 } . 28 . 0�(�tNER5: Barbers Ave . Q ��\�� STEPHEN D. SHERWOOD L . P 4�f) Chane = (A/K/A/ STEVEN D . SHERWOOD) 5 G P36 33�\ FRANCES G. SHERWOOD 05 32 :05— ' Ave . �, In RO cMALL' a 60 il LEGAL DESCRIPTION : PARCEL 158 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 1237 , PAGE 2869 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. 077 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 61GI7- 6, FLORIDA ADMINISTRATIVE CODE, ASSET 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 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 LAND SURVEYOR AND MAPPER WITH THE PREPARATION OF THE INFORMATION SHOWN PROFESSIONAL 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. LAGER S PROJECT MANAGER DEPARTMENT NACALE CHECKED BY PCW PCW 1 ' = BY PCW AARCADIS BY G SHEET TITLE 04/02/07 BEJ DRAWN m ADDITIONAL R/W PROJECT NUMBER DRAWING NUMBER ARCADIS U . S . , INC. $ 2081 VIsto Parkway Telt 66( 1I691.700D Fax: (661 ) 697.7161 WPOO1053 10530158 Q . West Palm Beach, Florida 33411 www.ar somi.aom SHEET ) OF 2 SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEYI LEGEND, @ — BASELINE C — CALCULATED IRFC — INDIAN RIVER FARMS COMPANY L — LEFT O.R.B . — OFFICIAL RECORDS BOOK P.B. — PLAT BOOK OWNERS: PG. - PAGE STEPHEN D. SHERWOOD R - RIGHT (A/K/A/ STEVEN D . SHERWOOD) R/W — RIGHT-OF—WAY FRANCES G. SHERWOOD STA. — STATION I S.L.C.R. — ST. LUCIE COUNTY RECORDS I ! I I I TRACT 5 P . B . 2 , PG. 25, I APORTION OF TRACT 5 0 S. L. C . R. P . B. 2, PG. 25, S . L.C. R. 0 I I ADDRESS: 6530 33RD STREET I it VERO BEACH , FL., 32966 318. 13' PID-32393200001005000002 . 1 O. R. B. 1237, PG. 2869 N . . WEST LINE OF TRACT 5 I I o STA: 412 + 1 055 OFFSET: 40 . 64 L 0!: 0CL STA: 410 + 50. 65 158 oz ° I W) OFFSi: 37.04 L 20' N 159 X ADDMONAL R/W ONIO W o 156 a N00'25' 120E I o 000 M _ 20.00' S89'5626"E 166.93' OT Sta . 410+ 02 .54 15� SW25' 12"W O � 6W 166.93412 + 00 20.00' + 00 409 + 00 410 + 00 411 +00 Co STA: 410 + 50.96 M 413 +00 T, OFFSET : 17 .05 L 33RD STREET(CHERRYLANE) 17 . 85 SOUTH LINE OF TRACT 5 60' SUB — LATERAL "A- 4 " CANAL STA: SOUTH LINE OF INDIAN RIVER FARMS CO . PLAT OF LANDS OFFSETT:: 220.0. 644 L N .W. ONE - QUARTER P . B . 21 PG . 25, S . L.C . R . OF SECTION 3200032 - 39 S89456 ' 2621E ( BEARING BASE ) PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY ARCADIS � P�W P� t . n BDA PCW ra SHEET TITLE DATE: DRAWN BY 04/02/07 BEJ ADDITIONAL R/W PROJECT NUMBER DRAWING NUMBER ARCADIS U .S . , INC . 1053SD158 2061 Vista PITel: (561) 6977000 Pax: (6611691.7761 WP001053 Q west Palm Beach, FW& Wil www.arcedisais.com SHEET 2 of 2 FE X w `~ ! 7 i Ll .IN Ittt--FFPRDP. 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RPJrs SWO be MSHlame In comredce with FGDT froze • 7M .-- AW W& pTdt, Art AnIDeW et-RM-tfrree he Q.ibfeNC wfm 4Nlan RI fusty Staxores, - K A AVE. 417 alas U P O p allow 1 1 n0. R(.IslOw_ err DnE. tat -- '— - WAIC• 1004110 at 110 SIGNING B PAVEMENT MARKING PLANS strt[r. Department of Public Works D Me Dorato 1110. s-. ARCADIS U . S. , INC- - E ineeri Division "•D• 66 TH AVENUE ICl1 VISI. PANaRAT, REST Palo D[A01, R 13411 OAif. i-te•O6 PROJECT MD. ♦i09) ` ^ : 5611 691 - 7000, TAX 1561 f 697• 77$1 FIELD DOD[ NOW DJRD STREET IAE_AOO.J4D1 ._. _ r ' sd Invoice for Appraisal Services 1 S- Nov- l0 FROM : Boyle and Dralce, Itte. 3790 7th Terrace, Suite 202 I Vero Beach, Florida 32960 I Boyle and Drake, Inc . j EIN 65 - 069-5555 Invoice/Job No. : 16181 . 00 Invoice Date: 07-Apr- 10 TO : Stephen and Frances Sheilvood Stephen and Frances Sherwood 6530 33rd Street Vero Beach , FL 32966 Client Ref. Borrower's Name: Property Description : 6530 33rd Street Appraisal Fee: $3 ,250 .00 Less Retainer. : $0 .00 Balance . $312% 00 COMMENTS : Just a reminderl This invoice is 222 days old. Thank you in advance for your prompt attention to this matter . This invoice includes all costs associated with the services provided including data , client costs and production costs. Any questions concerning this invoice should be directed to Mr Boyle. Our phone number is 772-778 7577. All invoices are due within 30 days. The penalty for late payment is 1 . 5% per month plus billing charges and Thank You for Your Prompt Payment--Boyle and Drake Inc. 772478-7577 This instrument was prepared incident to 2203681 the issuance of a title insurance contract, THIS DOCUMENT HAS BEEN and is to be returned to: RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK : 2666 PG : 2499, Pagel of 5 Jason A. Beal 04/10/2012 at 09 :27 AM , D DOCTAX PD Atlantic Coastal Land Title Company, LLC $010 3850 20th Street, Suite 4 JEFFREY K BARTON, CLERK OF COURT Vero Beach , Florida 32960 e\ ACLT File Number: 41078572 Parcel ID Number : 32=39-32-00001 =0050-00002. 1 GENERAL WARRANTY DEED This deed, made as of this 4th day of April, 2012 , by Stephen D. Sherwood and Frances G. Sherwood , his wife (as Grantor) ; and Indian River County, Florida, a political subdivision of the State of Florida , whose post office address is : 1801 27th St, Vero Beach, FL 32960 (as Grantee) ; (Wherever used herein, the terms grantor" and "grantee " shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, partnerships or other entities; wherever the context so admits or requires.) WITNESSETH : That Grantor, for and . in consideration of the sum of $ 10 . 00 in hand paid by Grantee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee forever, all the right, title, interest, claim and demand which said Grantor has in and to the following described parcel of land, to wit : The North 20.00 feet of the South 80 feet of the West 146. 93 feet of the East 246 .93 feet of the South 230 feet of the East 9 . 91 acres of the West 19.53 acres of Tract 5, Section 32, Township 32 South, Range 39 East, according to the Plat of INDIAN RIVER FARMS COMPANY, according to Plat recorded in Plat Book 2 , at Page 25 , of the Public Records of St. Lucie County, Florida ; said lands now lying and being in Indian River County, Florida, TOGETHER WITH : The North 20.00 feet of the South 80 feet of the West 20 feet of the East 70.00 feet of the South 230 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 Plat of INDIAN RIVER FARMS COMPANY, according to Plat recorded in Plat Book 2, at Page 25, of the Public Records of St. Lucie County, Florida ; said lands now lying and being in Indian River County, Florida. ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service, Florida Title Insurance Agency I 1 i s C 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 and is not subject to tax . TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby covenants with Grantee that grantor is lawfully seized of said land in fee simple ; that Grantor has good right and lawful authority to sell and convey said land ; that Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes for the year in which this deed is given; and restrictions, reservations, limitations, covenants, conditions and easements of record, if any; insofar as same are valid and enforceable (however, this clause shall not be construed to reimpose same). IN WITNESS WHEREOF, said Grantor has signed and sealed these presents the day and year first above written . Signed, sealed and delivered in the presence of �r.r err JOK egL/ Stephen D . Sherwood 6530 33rd St Vero Beach , FL 32966 �i / S• Frances G. Sherwood 6530 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 Stephen D. Sherwood and Frances G. Sherwood who was/were either personally known to me ; or produced identification of sufficient character so as to identify said individual(s) with reasonable certainty; and who did/did not take an oath. Witness my hand and official seal in the County and State last aforesaid, this 4th day of April, 2012. JASON A. BEAL W 8A MY COMMISSION # DD 823327 • EXPIRES: October 11 , 2012 Notary Public A `` Bonded Thru Notary Public Underwriters ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service, Florida Title Insurance Agency ,� M1 CA SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEY ! LOCATION MAP : NOT TO SCALE 2s �°o ' 25 , 4jerco S . Giffor Rd . 29 28 - - - - Ave .harryOWNERS: 5 Up Lane = 33STEPHEN D . SHERWOOD �c 3s 32 00 (A/K/A/ STEVEN D . SHERWOOD) ` - - - - - Ave . ul In FRANCES G . SHERWOOD � VERO ' 4 MALLS Y 4 MENAM 60 , LEGAL DESCRIPTION : PARCEL 158 A PARCEL OF LAND BEING THE NORTH 20 .00 FEET OF THE . SOUTH 80 . 00 FEET OF THE WEST 146 .93 FEET OF THE EAST 246.93 FEET OF THE SOUTH 230.00 FEET OF THE EAST 9 .91 ACRES OF THE WEST 19 . 53 ACRES OF, 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. TOGETHER WITH : THE NORTH 20 . 00 FEET OF THE SOUTH 80 . 00 FEET OF THE WEST 20 . 00 FEET OF THE EAST 70 . 00 FEET OF THE SOUTH 230 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 .077 ACRES, MORE OR LESS . LEGEND: - BASELINE PG. - PAGE C - CALCULATED R - RIGHT IRFC - INDIAN RIVER FARMS COMPANY R/W - RIGHT-OF-WAY L - LEFT STA. - STATION O .R.B. - OFFICIAL RECORDS BOOK S. L. C . R. - ST. LUCIE COUNTY RECORDS P .B . - PLAT BOOK CERTIFICATION : THIS SKETCH AND DE CRIPTION ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLOR SED S RVEYOR AND MAPPER . NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A WILBUR DIV GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON . LAND SURVEYOR AND MAPPER THERE HAS BEEN NO FIELD WORK , VIEWING OF THE PROFESSIONAL LICENSE N0. LAN STATE OF FLORIDA SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN REVISED : 03/20/ 12 JAF HEREON , NOTE: LANDS SHOWN HEREON WERE NOT DATE: 06/08/ 11 REVISED: 1X30/ 11 JAF ABSTRACTED FOR RESTRICTIONS, RIGHTS -OF-WAY AND REVISED: 84 11 JAF EASEMENTS OF RECORD. PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY WFD WFD WD ARCADIS 8 SHEET , 08 °�J J 08-04- 11 BEJ JAF ARCADIS U . S . , INC . ADDITIONAL R/W PROJECT NUMBER DRAWING NUMBER 9 2081 Vista Parkway Tel: (561 ) 6974000 Fax: (561 ) 6974751 WPOO1053 1053SD158 0 (91 West Palm Beach, Florida 33411 www.arcadis-us.com SHEET 1 OF 3 — I SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEY ! 0 00 NOTE , FOR LEGEND a (� SEE SHEET 1 OF 3 w I N I i I I EAST 9 .91 ACRES I - A PORTION OF TRACT 5 OF THE WEST 19 . 53 ACRES P . B. 2 , PG. 25 , S . L. C . R . I� PID - 32393200001005000002 . 2 I WEST 80 ' OF QUIT CLAIM DEED BY HELEN THE EAST 9 I o umi 6 I w M . GLENN TO GEORGE A. ACRES OF GLENN & SHARON N . GLENN I :3THE WEST I N a I a (O. R. B . ____, PG . ---AND 18. 62 ACRES 3 ( , w QUIT CLAIM DEED BY �I I 0 STEPHEN D. SHERWOOD & I cn c:i FRANCES G. SHERWOOD TO I I GEORGE A. GLENN & I m SHARON N . GLENN I a Lu TRACT 5 X7020__1 I a P . B . 2 , PG . 25 , S . L. C . R . ' ' I I Y STA: 410+ 48 . 91 I 146. 93 ' a a 246. 93' i ¢O OFFSET: 37. 01 ' L i c� I I I I STA: 412 15 .80 z �,; NW25' 12"E 20' I I OFFSET: 0. 60 L v rn 156 W m 20.00' I ADDITIONAL R/W 158 I S00'25112'W w m M 0 157 I 2040 I 159 o S89'56'26'E 166.93' POT Sta . 410+ 02 . 54 _ I N89'56'26"W _ 166.93 A08±= X 409 +00 _ 4].Q+ 00 -411 + 0 tO STA: 410+ 49 . 21 41 + 0 u OFFSET: 17 .01 L !� 413 +00 SOUTH LINE OF TRACT 33RD STREET (CHERRY LANE) c SOUTH LINE } STA: 412 + 16. 11 OF N .W. ONE- QUARTER 60 ' SUB - LATERAL "A- 4" CANAL] OFFSET: 20. 60 L OF SECTION 32 - 32 - 39 AND INDIAN RIVER FARMS CO. PLAT OF LANDS S89' 56 26"E (BEARING BASE) p g 2 , PG . 25 , SAND . OWNERS_ SEE SHEET 3 OF 3 FOR STEPHEN D . SHERWOOD ADDITIONAL INFORMATION (A/K/A/ STEVEN D . SHERWOOD) FRANCES G. SHERWOOD PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY WFD WFD 1 ' = 80 WFD iAARCADIS a SHEET TITLE 08 DRAWN 08-04- 11 BEJ / JAF ARCADIS U . S . , INC . 5 ADDITIONAL R/W PROJECT NUMBER DRAWING NUMBER a 2081 Vista Parkway Tel: (561 ) 697.7000 Fax: (561 ) 697-7751 WPOO1053 1053SD158 9 West Palm Beach, Florida 33411 www.arcadis-us.com SHEET 2 OF 3 SKETCH TO ACCOMPANY DESCRIPTION , THIS IS NOT A SURVEY! OWNERS: STEPHEN D. SHERWOOD NOTE : FOR LEGEND (A/K/A/ STEVEN D . SHERWOOD) SEE SHEET 1 OF 3 FRANCES G . SHERWOOD IEAST 9 . 91 ACRES I o F THE WEST 19 . 53 ACRES 'n I II - WEST 80' OF THE 246 . 93 ' I EAST 9 ACRES OF w THE WEST 18. 62 ( I a ACRES _ _ _ _ cvn I� EAST 9 ACRES OF 70 ' lj�THE WEST 18 . 62 ACRES I w U) A PORTION OF TRACT 5 I I $ I CL P . B . 2 , PG . 25, S. L.C. R . Of o „ PID- 32393200001005000002 . 1 20 ' N 0o I �, 0 � w 3 0WLu I Lu U) I QUIT CLAIM DEED BY = d w I w °� v isa GEORGE A. GLENN & SHARON N . GLENN I I m z twit ? a l D a p & HELEN M . GLENN TO --� I o z a I W r� m Lo SHEPHEN D . SHERWOOD & w w 0 3 z � Na 3 N I FRANCES G . SHERWOOD v~i w I w =' w C3 N I o (O. R . B. --- PG . -----) S o z w mQ N U I I � '� U z � 146 . 93 w o NC" I � Zjzo I Y Woo go I 20' ADDITbNAL R/W I` I� v c� a M 0 zN S89'56'26'E 166.93' L151 '25' 1YW-20.1 00• 157 158 N r— N89'56'26V 166.93' 30' EXISTING R/W opo O. R . B. 992 , PG. 707 I 000 0 cD SOUTH LINE 33RD STREET o OF TRACT 5 (CHERRY LANE) M rrr R/W WARRANTY DEED STEPHEN SOUTH LINE SHERWOOD TO INDIAN RIVER COUNTY 'TOF N . W. ONE- QUARTER O. R . B . 992 , PG. 707 , 10 - 15- 93 OF SECTION 32 - 32- 39 R/W WARRANTY DEED 60' SUB- LATERAL "A-4" CANAL 30' EXISTING GEORGE & SHARON GLENN INDIAN RIVER FARMS CO. R/W WARRANTY DEED HELEN R/W O. R. B. 992 , TO INDIAN RIVER COUNTY PLAT OF LANDS GLENN TO INDIAN RIVER PG. 707 O . R. B. 992 , PG . 709 , P. B. 2, PG . 25, S. L. C. R. COUNTY O . R. B. 9921 PG . 711 , 10- 15 - 93 10- 15 -93 PROJECT MANAGER DEPARTMENT MANAGER CHECKED BY SCALE: RCADIS ^ ° 0 _ �1 WFD N SHEET TlTlE DATE: DRAWN BY 08-04- 11 VaABEJ / JAF ARCADIS U . S . , INC . 9 ADDITIONAL R/W PROJECT NUMBER DRAWING NUMBER iz 2081 Vista Parkway Tel: (561 ) 6974000 Fax: (561 ) 697-7751 WPOO1053 1053SD158 (91 West Palm Beach, Florida 33411 www.areadis4is.com sHEET 3 OF 3 OWNER ' S POLICY OF TITLE INSURANCE (with Florida Modifications ) * Policy Number OXFL '08094058 File Number: 41078572 * * * 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: 772=569.4364 400 Second Avenue South, Minneapolis, Minnesota 55401 (612) 3714111 By ;. President Authorized Officer or Licensed Agent . . ORT Form 4309 FL Secretary ALTA Owners Policy of Tile Insurance &17.08 (with Florida Modifications) Attest ""--'� 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 6617.06 (with Florida Modifications) Page 2 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 ( i) The term "Insured " also includes shall not continue in force in favor of any purchaser from the Insured of either ( i ) an estate or interest in the Land, or ( ii ) an (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; (8) successors to an Insured by dissolution, merger, consolidation, 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT distribution , or reorganization; The Insured shall notify the Company promptly in writing ( i) in case ( C) successors to an Insured by its conversion to another kind of of any litigation as set forth in Section 5(a) of these Conditions, ( ii ) Entity; in case Knowledge shall come to an Insured hereunder of any claim ( D ) a grantee of an Insured under a deed delivered without of title or interest that is adverse to the Title, as insured, and that payment of actual valuable consideration conveying the Title might cause loss or damage for which the Company may be liable ( 1 ) if the stock, shares, memberships , or other equity by virtue of this policy, or ( iii ) if the Title, as insured, is rejected as interests of the grantee are wholly-owned by the Unmarketable Title. If the Company is prejudiced by the failure of named Insured, the Insured Claimant to provide prompt notice, the Company's ( 2) if the grantee wholly owns the named Insured , liability to the Insured Claimant under the policy shall be reduced 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), ( 8), ( C), and ( D) reserving, however, all rights basis of calculating the amount of the loss or damage. and defenses as to any successor that the Company would have had 5. DEFENSE AND PROSECUTION OF ACTIONS against any predecessor Insured . ( a) Upon written request by the Insured, and subject to the options ( e) " Insured Claimant": An 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 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 bylaw. 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 damage to the Insured . The Company may take any appropriate matters relating to real property to purchasers for value and without 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 009 FL0. 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 8. DETERMINATION AND EXTENT OF LIABILITY submit to examination under oath by any authorized representative This policy is a contract of indemnity against actual monetary loss or of the Company and to produce for examination, inspection, and damage sustained or incurred by the Insured Claimant who has suffered copying , at such reasonable times and places as maybe designated loss or damage by reason of matters insured against by this policy. by the authorized representative of the Company, all records, in (a) The extent of liability of the Company for loss or damage under whatever medium maintained, including books, ledgers, checks, this policy shall not exceed the lesser of memoranda, correspondence, reports, e-mails, disks, tapes, and ( i ) the Amount of Insurance; or videos whether bearing a date before or after Date of Policy, that ( ii) the difference between the value of the Title as insured and the reasonably pertain to the loss or damage. Further, if requested by value of the Title subject to the risk insured against by this policy. any authorized representative of the Company, the Insured Claimant ( b) If the Company pursues its rights under Section 5 of these shall grant its permission, in writing, for any authorized representative Conditions and is unsuccessful in establishing the Title, as insured, of the Company to examine , inspect, and copy all of these records ( i ) the Amount of Insurance shall be increased by 10 % , and in the custody or control of a third party that reasonably pertain to ( ii ) the Insured Claimant shall have the right to have the loss or the loss or damage. All information designated as confidential by damage determined either as of the date the claim was made by the Insured Claimant provided to the Company pursuant to this the Insured Claimant or as of the date it is settled and paid. Section shall not be disclosed to others unless , in the reasonable (c) In addition to the extent of liability under (a) and ( b), the Company judgment of the Company, it is necessary in the administration of will also pay those costs, attorneys' fees, and expenses incurred in the claim. Failure of the Insured Claimant to submit for examination accordance with Sections 5 and 7 of these Conditions. under oath , produce any reasonably requested information , or grant permission to secure reasonably necessary information from g. LIMITATION OF LIABILITY third parties as required in this subsection, unless prohibited by (a) If the Company establishes the Title, or removes the alleged law or governmental regulation, shall terminate any liability of the defect, lien, or encumbrance, or cures the lack of a right of access Company under this policy as to that claim. to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method , including 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; litigation and the completion of any appeals, it shall have fully TERMINATION OF LIABILITY performed its obligations with respect to that matter and shall not In case of a claim under this policy, the Company shall have the be liable for any loss or damage caused to the Insured . following additional options: ( a) To Pay or Tender Payment of the Amount of Insurance . ( b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability To pay or tender payment of the Amount of Insurance under this for loss or damage until there has been a final determination by a policy together with any costs, attorneys ' fees, and expenses court of competent jurisdiction, and disposition of all appeals, incurred by the Insured Claimant that were authorized by the adverse to the Title, as insured . Company up to the time of payment or tender of payment and that (c) The Company shall not be liable for loss or damage to the the Company is obligated to pay. Insured for liability voluntarily assumed by the Insured in settling Upon the exercise by the Company of this option, all liability and any claim or suit without the prior written consent of the Company. obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION including any liability or obligation to defend, prosecute , or contin- OF LIABILITY ue any litigation. All payments under this policy, except payments made for costs, ( b) To Pay or Otherwise Settle With Parties Other Than the Insured attorneys ' fees , and expenses, shall reduce the Amount of Insurance or With the Insured Claimant. by the amount of the payment. ( i ) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this ORT Form 4309 FL ALTA Owners Policy of Title insurance 6. 17.06 (with Florida Modifications) Page 4 CONDITIONS ( con't) 11 . LIABILITY NONCUMULATIVE 15 . LIABILITY LIMITED TO THIS POLICY, POLICY ENTIRE The Amount of Insurance shall be reduced by any amount the Company CONTRACT pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken la ► This policy together with all endorsements, if any, attached to it 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 lossm 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 4308 FL ALTA Owners Policy of Title Insurance &l7-06 (with Florida Modifications) Page 5 i 41 i 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 : 41078572 Policy No : OXFL-08094058 Effective Date : April 10, 2012 at 9 : 27 AM Amount of Insurance : $ 40,000.00 Address : 6530 33 `d St. , Vero Beach, FL (portion for right-of--way) 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 20.00 feet of the South 80 feet of the West 146.93 feet of the East 246.93 feet of the South 230 feet of the East 9 .91 acres of the West 19. 53 acres of Tract 5, Section 32, Township 32 South, Range 39 East, according to the Plat of INDIAN RIVER FARMS COMPANY, according to Plat recorded in Plat Book 2 , at Page 25, of the Public Records of St. Lucie County, Florida ; said lands now lying and being in Indian River County, Florida. TOGETHER WITH : Pol I - Policy Insert Page I "c r r ' r WC €T Il$ ra Ol e r POK The North 20 . 00 feet of the South 80 feet of the West 20 feet of the East 70.00 feet of the South 230 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 Plat of INDIAN RIVER FARMS COMPANY, according to Plat recorded in Plat Book 2, at Page 25, of the Public Records of St. Lucie County, Florida; said lands now lying and being in Indian River County, Florida. Countersigned : Aujjor' ignatory ATLANTIC COASTAL LAND TITLE COMPANY, LLC 3850201h Street, Suite 4, Vero Beach, Florida 32960 Telephone : 772-569-4364 Poll I - Policy Insert Page 2 Agent's File No : 41078572 Policy No: OXFL-08094058 SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: GENERAL EXCEPTIONS : 1 . (a) Any encroachment, encumbrance, violation, variation, or adverse circumstances affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments on the Land of the existing improvements located on adjoining land. (b) Easements, or claims of easements, not shown by the public records . (c) If the land described herein abuts a river, lake, stream or other waterway --- the nature and extent of riparian and/or littoral rights, title to any portion of the land which is submerged, title to any portion below the mean high water mark of a tidal waterway, and title to any portion which consists of "filled-in lands" ; and/or any claim that any portion of said lands are sovereign lands of the State of Florida. (d) Taxes or special assessments which are not shown as existing liens by the public records . SPECIAL EXCEPTIONS : 2 . The mortgage referred to in item 2 of Schedule A hereof, if any. 3 . General and special real property taxes and assessments for tax year 2012 and subsequent years . 4 . Ditches , canals and road rights of way (if any), as reserved or described on the plat of INDIAN RIVER FARMS COMPANY, as recorded in Plat Book 2, at Page 25, of the Public Records of St. Lucie County, Florida. In accordance with Title 42 United States Code, Section 3604, any covenants, conditions or restrictions referred to herein, which indicate arty preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, are hereby deleted. Note 1 : This policy does not insure against loss or damage arising as the result of unpaid charges for public utilities furnished by any county, municipality, or public service corporation, which may be or may become a lien upon the land Pol l - Policy Insert Page 3 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 recordation contained within the Public Records of the county in which the land is located. Reference to instruments among the Public Records refer to the first recorded page of the instrument, but include by reference all pages recorded under the Clerk's File Number assigned to the instrument referred to. Poll - Policy Insert Page 4 f A. Settlement Statement U. S . Department of Housing Prepared by : and Urban Development Atlantic Coastal Land Title Company , LLC (HUD-4) 385020th Street, Suite 6, Vero Beach, Florida 32960 OMB No. 2502-0265 B. Type of Loan 1 . ❑ FHA 2. ❑ FmHA 3 . ❑ Conv . Unins. 6. File Number 7. Loan Number 8. Mongage Insurance Case No. 4. ❑ VA 5 . ❑ Conv . Ins. 41078572 C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p. o.c. ) " were paid outside the closing; they are shown here for informational purposes and are not included in the totals. O. NAME ANDADDRE590PBORROWER Indian River County, a political subdivision of the State of Florida 1801 27th St Vero Beach, FL 32960 E. NAME AND ADDRESS OF SELLER: Stephen D. Sherwood and Frances G. Sherwood 6530 33rd St Vero Beach, FL 32966 F. NAMEAND ADDMS OFLWDM ° PROPERTY L `OON: Right-of-way portion at 6530 33rd St, Vero Beach, FL 32966 - - ------ J. IEITFMENT DATE ------ E rLEMEv ASL Atlantic Coastal Land Title Company, LLC PI CEOFSEMi .NT: 3850 20th Street, Suite 6, Vero Beach, Florida 32960 2012 J iii , A11 B ._ 1 '. . ,,.. . Iink A R LIR 8 Tlt _ SGTI v _ 101 . Contract Sales Price _ $ 40,000.00 401 . Contract Sales Price _ _ $ 409_000_ .00 102. Personal Property 402. Personal Property _ i` 103 . Settlement charges to borrower: $ 977 .40 403 . - --f - -- - 104. 404, 105. 405 . `:ir usTM! NT3 FpR 1TEMS,RA(D BY SFT i Ek INEADYANCF: a ;; AD.ILTSTMENTS F4R ITEMS ,PAID,&Y SELLER INAI .V4NCE " 11 ink `, . 107. County Taxes Closing Date to 12/31 $ 0.00 407. County Taxes Closing Date to 12/31 $ 0.00 108. Assessments to 408. Assessments to 109. 409. ----- 110. -- 410. - - - - ill , - -- - 411 . --- -- -- - 112. 412. 120. GROSS DUE FM BORROWER: $ 40,977.40 4209 GROSS DUE TO SELLER: $ 409000.00 201 . Depositor earnest money 501 . Excess deposit (see instructions) 202. Principal amt of new loan $ 0.00 502. Settlement Charges to seller $ _____0.0. 0 203. Existing loans taken subject to 503 . Existing loans taken subject to ----- -- 204. 504. Payoff of first mortgage loan 205. 505. Payoff of second mortgage loan 206. 506. - - 207_ --- - 507. - - - -- - _208. -- -- - - - 508. 209. 509. ADJUST4El+11 S ) OR JTE&tS i1Ni' 1CY BY SI GLER .:„ . : ` ADJUSTMENTS FbR 1TEM5 llNPtliD )3Y 3EL L) R - - 211 . County Taxes 1/ 1 - Closing Date $ 0.00 511 . County taxes 1/ 1 - Closing Date -- $ 0.00_ 212. Assessments to 512. Assessments to 213 . 513. 214. 514. _ 215. 515, 216. 516, 217, 517 , 218. 518. - - ---- - - 219. 519. 220. TOTAL PAID BY/FOR 520. TOTAL REDUCTIONS IN BORROWER: $ 0'� AMOUNT DUE TO SELLER: $ 0000 301 . Gross amt due from borrower $ 40,977.40 601 . Gross amt due to seller $ 40,00000 302. Less amt paid by/for borrower $ 0.00 602. Less reductions in amt due seller 1 $ 0.00 303, CASH FROM BORROWER: $ 40,977.40 603. CASH TO SELLER: $ 40,000.00 HUD- 1 (3-86) RESPA, HB 43051 c L. SETTLEMENT CHARGES 700. TOTAL SALES/BROKER'S COMMISSION: $, BASED ON PRICE OF $409000.00, PAID FROM PAID FROM @ % = $ BORROWERS SELLER'S DIVISION OFCONIMISSION ( Line 700 ) iVS FOLLOWS : FUNDS AT FUNDS AT 701 . $ to _ - SETTLEMENT SETTLEMENT 702 $ to _ 703. Commission paid at settlement 801 . Loan Origination fee % to 802. Loan Discount % to 803. Appraisal Fee to: _ 804. Credit Report to: 80_5 . Lender's Inspection fee to: _ 806. Mortgage Insurance application fee to: 807. Assumption fee to: 808. 809. 810, 811 , 901 . Interest from to @ $ /day 902. Mortgage insurance premium for mos to 903. Hazard insurance premium for yrs to 904. Flood insurance premium for yrs to 905. 1001 . Hazard insurance months @ $ per month 1002. Mortgage insurance months @ $ per month 1004. County property taxes months @ $ per month 1006. Flood insurance months @ $ per month 1007 . Aggregate Adjustment Amount 1101 . Settlement or closing fee to Atlantic Coastal Land Title Company, LLC $ 520.00 $ 0.00 1102. Abstract or title search to Atlantic Coastal Land Title Company, LLC $ 95 .00 $ 0.00 1103 . Title Examination to Atlantic Coastal Land Title Company, LLC $ 0.00 1104. Title insurance binder to 1105. Document preparation to 1106. Notary fees to 1107. Attorney's fees to 1108. Title insurance to Atlantic Coastal Land Title Company, LLC $230.00 $ ------2-30.00 $ 0.00 1109. Lender's coverage $ 1110. Owner's coverage $ 40,000.00 1111 . Florida Comprehensive Endorsement (Form 9) 1112. ALTA Environmental Protection Lien Endorsement Form 8. 1 1113 1114. 1115 . 1201 . Recording fees : Deed $35.55 $ 35.70 $ 0.00 1203 . State tax/stamps: Deed $.70 - $ 0.70 $ _ 0.00 1204. Intangible tax on Mortgage $ 0.00 1205 . Deeds to correct boundary issues $ 96.00 $ 0.00 1206. 1301 . Survey to 1302. Pest inspection to 1303 . Express delivery fees to Atlantic Coastal Land Title Company, LLC 1304. 1305 . 1306. --- - - -- ------ 1307 . -- -- - - - - ----- 1308 . 1309. _ 1310. 1311 . 1312. 1400, TOTAL SETTLEMENT CHARGES (Enter on line 103, Section l • and - line 502, section K) 977.40 0.00 I have; a"Cully mviOwed tlst HUO; 19tt(lsttt'encSatattlmat ad In the facet of my kttawrledge ad bdidx it In a title and wwwate siatement of alt sculpts and disbunt avesrts mala an my int or lay aw in ads trasami ua. I further certify am t have t aiwecl a copy of Run l Sa dement Statement. Sellers.; 5� ' artplten . �1ec+vr�aaai 99 Frances C . 'Shercvao buyers: Tndizus Enver. County, n political subdly.1slon or me State. or Florida walllam DeRml its Deputy County Attomey Satne ears reacted hotwu Aral be haacrl urt Vx)d lPmt h at:+tlmmwt t1pa mloate past-Claadjostmem. 'Any variations in actual cam f111nt tlha%e reftmA hft*xrt that te,.tatt 'in ovcxclhmps ar unde.rcharges not in wwvs: of MIM sal airy party droll be credite4 w or dabited agaiwn Mosigg, feet vfauged by Atlantic Co cal. Land Title Cath'any, LLC. it is further andetsSdetl, arta rite aii�s hereto agrum that all funds recclavt tl by Atlattlic Cawral Land `l'It a ampany, LLC maybe placed in escrow acwunu that may be.: *&ubjw to t}v rtaig3tt R srt lrasc A ee nes bMwrc2 Atl„"tnue Coastal and its pasitatybtmk. Intrust earned as the result of such agreerwits,, if any,:is the property trf'Atlar6c Coastal Land Title Company, LI.C. Tttc 1lI1TJ- 2 Seftlerment gcaat vna nu wtt4 , I Have prr,pted is a true. and acauratts amum of tixis transacrioa i have calmm at will ttei;te tlet frtnds to be disbursed in srccordamc with this stater m. Atlanta Ctaag Land Title Company, LLC (Setmiment Ageatt) Closing Date.% 20 2 WARNING; his a catruc to knuwingll rtttt3te farms statemcnt5 to the l,ltlitcd Stntez 011111100 Or "IV Oater ,PurA l;ar roam 11viaulties upon carnvictiem cstt xtctude t f tit pr Impru m miL For +erns ww 1 Atte IS U. S. Code S<ectijan 1001 and faction i f13 f1. Part of Parcel # 32-39-32-00001 -005040002 . 1 Purchased by Indian River County from Stephen D. and Frances G . Sherwood Public Purpose: 33rd Street right-of-way RESOLUTION NO , 2012 - 098 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLYOWNED 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 s RESOLUTION NO . 2012 - 098 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 Stephen D . Sherwood and Frances G . Sherwood 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 2566 , Pages 2499=2503 , Public Records of Indian River County, Florida . 2 . The Clerk to the Board of ; County .Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser with a copy to each of Fixed Assets , Budget , and the County Attorney' s Office . The resolution was moved for adoption by Commissioner Flescher and the motion was seconded by Commissioner Davis . and , upon being put to a vote , the vote was as follows: 2 RESOLUTION NO , 2012m o98 Gary C . Wheeler, Chairman Aye Peter D . O ' Bryan , Vice Chairman Aye Wesley S . Davis Aye 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 6 [tet) 4,,, f GaryC heeler, Chairman O ATTEST: Jeffrey R . Smith , Clerk . ;�'coMM �s 'o2, of Circuit Court and �o��' • •F 'q Comptroller Byo `Deputy Clerk qy Na 111111 IIIIUOO Tax Certificates Outstanding Yes No Current Prorated Tax Received and Deposited With Tax Collector _ $ APPROVED AS TO FORM AND L L SUFFICIE i B, WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY 3 2203581 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN RIVER CO FL , BK : 2566 PG : 2499 , 04 / 10 / 2012 09 : 27 AM DOC STAMPS D $ 0 . 70 This instrument was prepared incident to the issuance oja 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 e�o 6 ACLT File Number: 41078572 Parcel ID Number: 32-39-3240001405040002 . 1 GENERAL WARRANTY DEED This deed, made as of this 4th day of April, 2012, by Stephen D. Sherwood and Frances G. Sherwood , his wife (as Grantor) ; and Indian River County, Florida , 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 terins "grantor" and 'grantee " shall inchide singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns ojcorporations, 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 20.00 feet of the South 80 feet of the West 146.93 feet of the East 246.93 feet of the South 230 feet of the East 9 .91 acres of the West 19.53 acres of Tract 5, Section 32, Township 32 South, Range 39 East, according to the Plat of INDIAN RIVER FARMS COMPANY, according to Plat recorded in Plat Book 2, at Page 25, of the Public Records of St. Lucie County, Florida ; said lands now lying and being in Indian River County, Florida. TOGETHER WITH : The North 20.00 feet of the South 80 feet of the West 20 feet of the East 70. 00 feet of the South 230 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 Plat of INDIAN RIVER FARMS COMPANY , according to Plat recorded in Plat Book 21 at Page 25, of the Public Records of St. Lucie County, Florida ; said lands now lying and being in Indian River County, Florida. ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service, Florida Title Insurance Agency • BK : 2566 PG : 2500 Pursuant to Rule 12B4.013(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 and is not subject to tax. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. r TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby covenants with Grantee that grantor is lawfully seized of said land in fee simple; that Grantor has good right and lawful authority to sell and convey said land ; that Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes for the year in which this deed is given; and restrictions, reservations, limitations, covenants, conditions and easements of record, if any, insofar as same are valid and enforceable (however, this clause shall not be construed to reimpose same). IN WITNESS WHEREOF, said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of Vh 0 .1 of eat Stephen D. Sherwood 6530 33rd St Vero Beach , FL 32966 at / 5 • P� Frances G. Sherwood 6530 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 Stephen D. Sherwood and Frances G. Sherwood who was/were either personally known to me ; or produced identification of sufficient character so as to identify said individual(s) with reasonable certainty; and who did/did not take an oath. Witness my hand and official seal in the County and State' last aforesaid, this 4th day of April, 2012. N.a... .. �Yh JASON A REAL im += MY COMMISSION i DD 823327 EXPIRES October 11, 2012 Notary Public .1. • . Bonded Thru NaNy Puble Undunten ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service, Florida Title Insurance Agency BK : 2566 PG : 2501 j r 4 dd 00 SKETCH TO ACCOMPANY DESCRIPTION , THIS IS NOT A SURVEYI LOCATION MAP: NOT TO SCALE 2s � � ( 25 29 ix S. Giffor Rd . - . - - J— - - 29 28 mmmmmoAve. ��tt Sitherry 3 OWNERS: 5 u P ' Lane = 33 STEPHEN D. SHERWOOD C 36 32 (A/K/A/ STEVEN D. SHERWOOD) Ave. �, °,� FRANCES G. SHERWOOD VERO c Loo 4 � MALLSY 4 60 LEGAL DESCRIPTION: PARCEL 158 A PARCEL OF LAND BEING THE NORTH 20.00 FEET OF THE ' SOUTH 80 .00 FEET OF THE WEST 146.93 FEET OF THE EAST 246.93 FEET OF THE SOUTH 230.00 FEET OF THE EAST 9 .91 ACRES OF THE WEST 19 .53 ACRES OF, 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. TOGETHER WITH: THE NORTH 20.00 FEET OF THE SOUTH 80.00 FEET OF THE WEST 20.00 FEET OF THE EAST 70.00 FEET OF THE SOUTH 230 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 0.077 ACRES, MORE OR LESS , LEGEND: BASELINE PG. — PAGE C — CALCULATED R — RIGHT IRFC — INDIAN RIVER FARMS COMPANY R/W — RIGHT—OF—WAY L _ LEFT STA, — STATION O.R.B. — OFFICIAL RECORDS BOOK S.L,C.R. — ST. LUCIE COUNTY RECORDS P.B. — PLAT BOOK CERTIFICATION : THIS SKETCH AND D CRIPTION ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLOR SED S RVEYOR AND MAPPER . NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A ILBUR N GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. Wf4% ILBUR PROFESSIONAL D SURVEYOR AND MAPPER THERE HAS BEEN NO FIELD WORK, VIEWING OF THE LICENSE LAND STATE OF FLORIDA SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN REVISED: 03/20/ 12 JAF HEREON, NOTE: LANDS SHOWN HEREON WERE NOT DATE: 06/08/ 11 REVISED: 130/ 11 JAF ABSTRACTED FOR RESTRICTIONS, RIGHTS—OF—WAY AND REVISED: 8 04 11 JAF EASEMENTS OF RECORD. PROJECT MANAGER WARMENT M4WER SCALE: CHECKED BY ARCADIS WFD T - °�8 ° � os-oa—i t eEJ � ,� ADDITIONAL R/W NUMBEa DRArrwc NUMBER ARCADIS U.S ., INC. is 2O81ViistaPadcway TeL (581) 697.70ao Fax: (561) 697.7751 WPOO1053 1053SM58 Q West Palm Bead, Fbdda 33411 wwsr.amadis' 520'm SHEEP 1 OF 3 BK : 2566 PG : 2502 FSKETCH TO ACCOMPANY DESCRIPTION , THIS IS NOT A SURVEYI Do NOTE: FOR , LEGEND SEE SHEET 1 OF 3 I I EAST 9.91 ACRES A PORTION OF TRACT 5 OF THE WEST 19 .53 ACRES P. B. 2, PG. 25, S.L.C. R. PID-32393200001005000002 . 2 r QUIT CLAIM DEED BY HELEN ( WEST 80' OF I o w I _ M . GLENN TO GEORGE A. THE EAST 9 z Q I uj S OF GLENN & SHARON N. GLENN I THEACREWEST (O.R.B. PG. _�_) 18. 62 ACRES I 3 I °- AND , ``' rz QUIT CLAIM DEED M \ z STEPHEN D. SHERWOOD & `�I I I Ln c� FRANCES G. SHERWOOD TO ( I > a GEORGE A. GLENN & I 25 SHARON N . GLENN ( a (O.R. B. PG. ) I mill, _ Co RACT 5 ~20' I I a L..—L-701_. to P . B . 2 , PG . 25 , S . L. C . R . N STA: 410+ 48.91 I 246.93' ( o a OFFSET: 37,01 ' L 146.93' _ i a c� STA: 412 15.80 z e.i N00'25' 12"E, 20 I I OFrSET: 0. 6O L m 20.00 I ADDMON& R/W 158 S00'25�12 W W m 156 ;,� c 157 i i 20.00 I 159 S8756'261 166.93' OT Sta. 410+ 02. 54 _ I _ N89'56'26'W . 166.93 i co AD8th . 4 9 + 0 _ .� CLQ.+OQ_ _411 +0 STA: 410 +49 . 21 41 +0 OF SET: 17.01 L _M 413+00 imimiom SOUTH LINE OF TRACT 33RD STREET (CHERRY LANE) M SOUTH LINE + STA:412+ 16. 11 OF N .W. ONE-QUARTER 60' SUB-LATERAL -4" CANAL] OFFSET: 20.60 L OF SECTION 32- 32-39 INDIAN RIVER FARMS CO. PLAT OF LANDS S89'S6'26"E (BEARING BASE) P, B. 2, PG. ' 25, S.LC. R, SEE SHEET 3 OF 3 FOR STEPHEN D. sHERwooO ADDITIONAL INFORMATION p (A/K/A/ STEVEN D. SHERWOOD) FRANCES G. SHERWOOD PROJECT WNW DEPARTMENT MANAGER SCALE: WFD CHECKED BY ARCADIS °8 �� DRAWN 08-04-11 BEJ / JAf ARCADIS U.S ., INC . ADDITIONAL R/W PROJECT NUMBER ORAMING NUMBER a 2081VW& Parkway Tel: (561) 691-1000 Fu (561) 691• 751 WPOO1053 1053SD158 Q Weal Palm Beach, (Randa 33411 www.arcadw2com SHEET, 2 OF 3 BK : 2566 PG : 2503 r SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEYI OWNERS: STEPHEN D. SHERWOOD NOTE : FOR LEGEND' (A/K/A/ STEVEN D. SHERWOOD) ISEE SHEET 1 OF 31 FRANCES G. SHERWOOD EAST 9 .91 ACRES I c ---�OF THE WEST 19 . 53 ACRE i u WEST 80' OF THIS 246 .93' EAST 9 ACRES OF THE WEST 18. 62 I ' N r ACRES 1' EAST 9 ACRES OF 70mommom � � I THE WEST 18. 62 ACRES 1uj i I A PORTION OF TRACT 5 I I o a I P. B. 2, PG. 25, S.L.C. R. 00000m PID - 32393200001005000002 . 1 20' W N $ ^ I o N I w O QUIT CLAIM DEED BY } c ( I w V ! Z a I GEORGE A. GLENN & SHARON N In GLENN 1 I 3 W v, wo p I & HELEN M. GLENN TO ----.I I ax a I w = ,tq Mn SHEPHEN D. SHERWOOD & w ( w ? cn a 3 N I FRANCES G. SHERWOOD ' 2 L) x N CL c (O.R. B . PG. _ down,momp) R z M N 146. 93 ' " �Z m I v mmmor 11' I aol I W m 1 g 1 20' ADDI110NAL R/W I ) I o I M z S89'56'26'E 166.93' S00'25' 12'W-20� 009 157 158 ;Rr 159 r— f ---� N89'S6'26'W 166.93' 30' EXISTING R/W c opo O.R.B. 992, PG. 707 I w coo SOUTH LINE 33RD STREET o OF TRACT 5 (CHERRY LANE) doodumm - - - - - - R/W WARRANTY DEED STEPHEN SOUTH LINE 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 60' SUB-LATERAL "A-4" CANALL 30' EXISTING GEORGE & SHARON GLENN INDIAN RIVER FARMS CO. R/W WARRANTY DEED HELEN R/W O. R.B. 992, TO INDIAN RIVER COUNTY PIAT OF LANDS GLENN TO INDIAN RIVER PG. 707 O.R.B. 992, PG. 709, P.B. 2, PG. 25, S.I.C.R. COUNTY O.R.B . 992, PG. 711 , 10- 15- 93 10 - 15-93 PROJECT MANAGER DEPARTMENT HANNGER SCALL0 CHECKED BY IYFD YIFD L • so' WFO ARCADIS SHEET TT�E WWII DRAW JAF ARCADIS U.S . , INC. N ADDITIONAL R/W PRWEcr + owu we Numm odw Q2081 Vista Park%M ecom SHEET WeatPalmDeach Florida 33411 T56ww m"�6'9�7,gFaic: (561 ) 697.7751 3 OF 3 WP001053 9053SD158 i