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HomeMy WebLinkAbout2012-117 • ` g /C:z , r ` & � cP / �V•- � 17 2242762 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS �+ RETURN TO : OF INDIAN RIVER COUNTY FL BK: 2612 PG :38, Pagel of 16 10/06/2012 at 12: 30 PM, County Attorney ' s Office 1801 27th Street JEFFREY R SMITH, CLERK OF COURT Vero Beach, Fl 32960 NON-EXCLUSIVE EASEMENT AGREEMENT THIS NON-EXCLUSIVE EASEMENT AGREEMENT (this "Agreement") is entered into as of the [�+h day of20129 by and between Indian River County, a political subdivision of the State oilorida, whose address is 1801 27th Street, Vero Beach, FL 32960 (the "Grantee" or "County"), and Vista Plantation Association, Inc . , a Florida non-profit corporation, whose address is 49 Plantation Drive, Vero Beach, FL 32966 (the "Grantor" or "Association") . RECITALS , WHEREAS, Association currently owns the real property located in Indian River County, Florida, and legally described in Exhibit "A- 1 " attached hereto and made a part hereof (the "Association Property") . WHEREAS , County currently owns or controls the real property located adjacent to the Association Property in Indian River County, Florida, and legally described in Exhibit "A-2" attached hereto and made a part hereof (the "County Property") . WHEREAS, to avoid eminent domain litigation, the Association desires to grant to County for the benefit of the County Property, i) a non-exclusive easement for stormwater drainage, treatment and detention purposes (the "Drainage Easement Purpose") over, under, and through a portion of the Association Property legally described and depicted on the sketch(s) labeled "Drainage Easement" ; and ii) a non-exclusive easement for vehicular and pedestrian access over, under, and through a portion of the Association Property legally described and depicted on the sketch(s) labeled "Access Easement" both of which are attached hereto as Exhibit 11A-3 " and made a part hereof (collectively the "Easement Area") . NOW THEREFORE , in consideration of the mutual undertakings herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree, as follows : WPB : 334639 : 1 1 . Recitals. The above recitals are true and correct and are incorporated herein by this reference . 2 . Association ' s Renresentations and Warranties. Association hereby represents and warrants to County as follows . 2 . 1 Association' s Existence. Association is a condominium association in good standing and authorized to transact business in Florida, and has full power and authority to comply with the terms of this Agreement. 2 . 2 Authorijy . The execution and delivery of this Agreement by Association are within Association ' s capacity, and all requisite action has been taken to make this Agreement l valid and binding on Association in accordance with its terms. 3 . County ' s Representations and Warranties. County hereby represents and warrants to Association as follows : 3 . 1 County ' s Existence . County is a political subdivision within the State of Florida in good standing and has fully power and authority to comply with the terms of this Agreement. 3 .2 Authori1y . The execution and delivery of this Agreement by County are within County ' s capacity, and all requisite action has been taken to make this Agreement valid and binding on County in accordance with its terms . 4 . Grant of Easement. 4 . 1 Association hereby grants, gives and conveys to County a perpetual non= exclusive appurtenant easement (the "Easement") over, under and across the Easement Area(s), for the purposes of providing stormwater drainage, treatment and detention over, under, and through the County Property. As used in this Agreement, any conveyance of all or any part of the Association Property containing any portion of the Easement Area shall include, and by this Agreement is deemed to include, the Easement as an appurtenance for the benefit of the County Property, and its respective owner(s) and Authorized Users . Association shall not do or permit any act or acts within the Easement Area that will unreasonably interfere with County and its Authorized Users use of the Easement for its intended purpose . 4 . 2 Association reserves unto itself the right and privilege to use and occupy and to grant to others the right to use and occupy the surface and sub-surface of, and the airspace over, the Easement Area, for such uses and purposes which (i) shall not be inconsistent with the easement described in this instrument, and (ii) shall not prevent, hinder, or impede County' s use of the Easement Area. Such uses and purposes shall include, but shall not be limited to, the right to landscape, and to place personal property in, the Easement Area, including, but not limited to, sprinkler systems and other equipment. WPB:334639 : 1 18 I 4 . 3 In the event that County, its licensees, agents, successors, or assigns, in any manner, disrupts, contaminates, interferes with, or causes any damage whatsoever to any portion of the dominant estate not limited to diminished or contaminated water quality caused by County' s use of the Easement Area not limited to the landscaping, personal property, or improvements thereon and/or to the Association Property, then County shall replace or repair such landscaping, personal property, or improvements, etc . , within ten ( 10) days of the date such damage occurred, provided, that if such replacement or repair cannot be completed within a period of ten ( 10) days , County shall commence performance within said ten ( 10) day period and continuously prosecute same to completion with due diligence. The foregoing obligations of County shall include repair of any portion of the Association Property affected by any construction on the County Property, including curb cuts and road work from the Easement Area(s) . 4 . 4 The rights granted herein shall be exercised by County at all times in a reasonable manner and without undue interference with the use and occupancy of the lands covered by or abutting the Easement. 5 . Maintenance. Association shall maintain, repair, replace, and reconstruct, as may be appropriate, the Easement Area in conformity with its existing condition, except for any damage to the Easement Area and improvements and personal property hereon caused by County in which case County shall maintain, repair, replace, and reconstruct, as may be appropriate, the Easement Area. 6 . Indemnification. To the extent allowed by law and without waiver of its sovereign immunity, County further agrees to indemnify, defend, and hold Association harmless from and against any and all claims, rights, causes of action, losses, or liabilities arising out of County ' s exercise of County ' s rights under this Agreement or the actions or omissions of County, its employees, agents, and licensees, in connection with. . this Agreement, including, but not limited to, Association' s reasonable attorneys ' fees and costs, whether or not suit be brought and through and including all post judgment and appellate proceedings. 7 . Easement Maintenance, Improvements, and Relocation. As to the Drainage Easement, the Association shall not have the right to alter or improve the Drainage Easement Area, or to relocate the Easement Area if such act(s) would detrimentally effect the or otherwise frustrate the Drainage Easement Purpose without first obtaining County' s prior written consent. As to the Access Easement, the Association shall not have the right to alter or improve the Access Easement Area, or to relocate the Access Easement Area without first obtaining County' s prior written consent; provided however, that Association shall have the right at all times without consent of County, and subject to Association' s maintenance obligations under Section 5 , to alter, modify or improve landscape, signage, lighting, equipment, irrigation and other aesthetic features adjacent to the Easement Area on Association' s Property, and (ii) to establish, prescribe and enforce security within the Easement Area. 8 . Successors and Assigns. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the parties hereto , shall be an easement burdening WPB : 334639: 1 19 and running with the Association Property, and shall be appurtenant to, for the benefit of, and running with the County Property. 9 . Not Assignable. This Agreement may not be assigned, and any purported assignment of this Agreement or any interest therein shall be void and of no force and effect. 10 . Miscellaneous. 10. 1 Term. The term of this Agreement shall be perpetual and shall only be terminated by County, its successors and/or assigns, by written instrument recorded in the Public Records of Indian River County, Florida. 10 . 2 Time of the Essence . Time is of the essence in the performance of all obligations under this Agreement. 10 . 3 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 . 10 .4 Conveyance in Lieu of Eminent Domain. It is understood by the Parties that this Agreement is entered into by Association under the threat of, and in lieu of, a condemnation lawsuit that, but for this Agreement, would be brought by the County to acquire the Property. 10 . 5 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 Association 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 . 10 . 6 Assignment and Binding Effect. Neither County nor Association 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 . 10 . 7 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows : If to Association : Vista Plantation Association, Inc. 49 Plantation Drive Vero Beach, FL 32966 If to County : Indian River County 1801 27th Street Vero Beach, FL 32960 WPB:334639 : 1 20 Attn: Public Works Director Either Party may change the information above by giving written notice of such change as provided in this paragraph. 10 . 8 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. 10 . 9 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, except where Florida law provides for prevailing Party attorney fees in which case the latter shall control . 10 . 10 Counterparts . This Agreement may be executed in two or more counterparts, each one of which shall constitute an original . Each Party shall deliver 2 fully executed originals to the other Party. 10. 11 Approval Required. This Agreement is subject to approval by the Indian River County Board of County Commissioners and the Association, by and through its Board of Directors . 10 . 12 Preparation of Ageeement. Notwithstanding the fact this Agreement may have been drafted by counsel to one Party, each of the Parties hereto acknowledge and agree that each Party had sufficient input in its drafting so that this Agreement represents the fully negotiated and fair agreement of the Parties . Accordingly, any subsequent interpretation of this Agreement shall not be read to favor one Party or the other solely because the Agreement was drafted by the counsel for one of the Parties. 10 . 13 Electronic Reproduction. An electronic reproduction of any original signature(s) on a• part or counterpart(s) of this Agreement is hereby authorized and shall be acknowledged as if such electronic reproduction of any original signature(s) were an original execution. The Parties agree to accept a digital image of this Agreement as executed, as a true and correct original . 10 . 14 Official Record Book and Page_ No part of this Agreement shall be void due to an incorrect reference to an Official Record Book number or Page number. Rather, the Agreement shall be interpreted as if the correct Official Record Book number and Page number were provided. If a document is referenced in this Agreement for which an Official Record Book number and Page number exist, but were not provided for herein, this Agreement shall be interpreted as if the Official Record Book number and Page number were set forth herein. WPB:334639 : 1 21 -1 10 . 15 Gender. Wherever the context shall so require, all words herein in the masculine gender shall be deemed to include the feminine or neuter gender, all words herein in the feminine gender shall be deemed to include the masculine or neuter gender, all words herein in the neuter gender shall be deemed to include the masculine or feminine gender, all singular words shall include the plural, and all plural words shall include the singular. 10 . 16 Severability. The Parties to this Agreement hereby agree and affirm that none of the above provisions are dependent upon the validity of any other provisions, and if any part of this Agreement is deemed to be unenforceable, the balance of the Agreement shall remain in full force and effect; provided that the essential purposes of this Agreement are capable of being fulfilled in the absence of such invalid provisions. SIGNATURE PAGES AND EXHIBITS FOLLOW WPB:334639 : 1 22 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth below. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA n NQj a� , p 4vesso .iMtSs/ , --- �..``` • ' ``,94844 Gary C eeler, Chairman t Vv • � � � e we * : • • • _ r s •� • iO 1 s . 00 00 • 44 '•RNsee R 00 so COQ . TTEST : J.K. Barton, Clerk �a••••rrrr Byo Depu er Approved as to form and Indian River County Administrator legal sufficiency . By : Alan S . Polack wich, . County Attorney WPB:334639 : 1 23 r a WITNESSES: VISTA PLANTATION' ASSOCIATION,. INC'. �or` By: r✓ Witness signature ekF Yeager, President tl Printed name: T)OAvo ( WK Witness signature'Q Printed name Il',— Q S STATE OF FLORIDA ) SS: COUNTY OF INDIAN RIFER The foregoing instrument was acknowledged before me thJ:Qday o 2012, by Frank Yeager, as ;President of the Vista Plantation Association, Inc. who is personal known to me; or produced. fo wl Qas identification and did not take an oath. Notary Public, State of Fl ec Print Name ofN#4 Public CAPpF/ _�r�i M H • �fi v� 't 12, ? Elo•: y • � �! 9 • ► icon ► o #EE 041524 %iy 0, 00 �l tn � � � O N1 V/511jSISji %NNN � � W?9*334639;1 24 I SCHEDULE OF EXHIBITS Exhibit "A 1" Legal Description of Association. Property Exhibit "A-2" Legal Description of County Property Exhibit "A-3"' Legal Description and Sketch of Easement Areas WPBa149260:1 EXHIBIT A4 Association Property That real property subjected to the Declaration of Condominium of Vista. Plantation, and the exhibits attached thereto, as recorded in the Public Records of Indian River County in. O.R. Book 699, P. 1817, and as amended from time to time. WM109260:1 E a 44 AA , m— _ Nd, a� rl _ __ __ ' _' _" ._ _ _ x . '* t IN 'Ind N J in % 4 € �NI N INN , 7 LIN dr jN e P�INK J rNN +� " ,. yINN0 IN 11 ( t' r E ! i IN I IN e IN N, efNI'd, . is N,w 4I INN I IN Ne IN ams �Ndn —r ' QINC ' sa � .. , {{{ „ • IN— L If •�.,� 3i( 15 ` INt tt IIn IN, NeNNr ' � � 0Sam� LL�', 10 rt li I,;11% i I I #R%dJv If IN I aye. _ Y y ti �` , �.. r IN I � � vz � ... 11 I a �� .e + � �i � ! ,�,�� 1b ' �- ' � � IN b�� � � . l E rin EXHIBIT A-3 Legal `Description and Sketch of Non-Exclusive Easement Areas (Page 1 of 4) Non-Exclusive Easement Areas 1 . The Drainage Easement; The Association Lake System (as such term is defined in the Easement Agreement and Agreement to which this Exhibit A-3 is attached ands as further described in that certain Declaration of Condominium of Vista Plantation, and the exhibits attached thereto, as recorded in the Public Records of Indian River County in O.R. Book 699, P. 18.17 as amended from time to time, (the "Declaration"), and as depicted below, FIRM 11 Ilez Ili Vi.µ I lee IN IT Q r `' o, y Via l' IN r " . F Neel lVe : JIININ le,' IV eel J, VVI. jer ee if V,f £ deeIN ; I if ,� ... 6, 1 � �V VNIVex IN fee fie f i r -66 IN 11 1 %% 6666 1, 1 1 1IV I I � . " I IV IN eel y •p„ ,{X 11 lee { IN if 4 fee Pill 66 66, IN 1 eel 6. ell Al I {{ V IV ••' '` Ni life - WPBP109260: 1 EXHIBIT A-3 Legal Description and Sketch of Non-Exclusive Easement Areas: (Page 2 of 4) In 11, Sk k 5: In I MIX 6666 Map` k �„Wu y�Z r zs fell � e lee ' e Ilene i IeIn z a NSE: rMi t f Mr€r .. 3q M a In we I eel In In eel I d z y e4�e9�9as�er z § s e In een II V6� W66 n Inner IQ IF le /ee s 11 331! � lee nee I ti3, J Ill� �i I a r1 lee, IIC 1 Ile, 4e I i. WP&334639:1 29 LFQAL OESCRIhTION .moo A PORTION OF THOSE LANDS DESCRIBED IN :OFFICIAL RECORD BOOK 2344, PAGE 479 OF THE PUBUC RECORDS. OF INDIAN RIVER COUNTY, Q1 c FLORIDA, AND LYING IN THE NORTHEAST 1 /4 OF SECTION 6, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, MORE. INA PARTICULARLY DESCRIBED AS FOLLOWS: 0? COMMENCE AT THE NORTHEAST CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 720, PAGE 1522 OF THE PUBUC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN .NDIT07'56", ALONG THE EXISTING WEST RIGHT—OF—WAY LINE OF 66TH AVE (PER OFFICIAL. V RECORD BOOK 1105, PAGE 1173 OF THE PUBLIC RECORDS OF INDIAN RIVER :COUNTY, FLORIDA), A DISTANCE OF 1400.02 FEET TO A POINT ON THE BOUNDARY UNE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 699, PAGE 1817 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID POINT LYING ON THE SOUTHWEST CORNER OF THOSE LANDS DESCRIBED 1N OFFICIAL RECORD BOOK 2344, =rPAGE 476 OF SAID PUBLIC RECORDS; THENCE, LEAVING THE AFOREMENTIONED EXISTING WEST RIGHT-OF—WAY UNE OF 66TH AVE, RUN N N8W52'04"W, ALONG THE UNE OF SAID OFFICIAL RECORD BOOK 699, PAGE 1. 817, A DISTANCE OF 49,76 FEET TO THE POINT OF CURVATURE D OF A 5269.96—FOOT RADIUS CURVE, CONCAVE TO THE SOUTH; THENCE RUN WESTERLY, ALONG THE CURVE, THROUGH A CENTRAL ANGLE OF 00'48' 17 , AN ARC DISTANCE OF 74.02 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE WESTERLY, ALONG THE ARC OF SAID 5269.92—FOOT RADIUS CURVE, THROUGH A , CENTRAL ANGLE OF 00' 13'03 AN ARC DISTANCE Of 20,01 N FEET TO A POINT ON THE WESTERLY UNE OF A 20.-FOOT UNDERGROUND DRAINAGE EASEMENT RECORDED IN OFFICIAL RECORD BOOK 2344, y PAGE 479 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY; THENCE RUN N01 '07154'E. ALONG SAID WESTERLYUNE, A DISTANCE OF TTI 28.09 FEET TO A POINT; THENCE RUN MF461360W, STILL ALONG SAID WESTERLY UNE, A DISTANCE OF 9.95 FEET TO A POINT ON THE BOUNDARY OF THE AFOREMENTIONED LANDS . DESCRIBED IN OFFICIAL RECORD BOOK 699, PAGE 1817; SAID POINT LYING ON THE ARC OF A t NON—TANGENT 5304.92—FOOT RADIUS CURVE, CONCAVE TO THE SOUTH; THENCE RUN EASTERLY, ALONG SAID CURVE, HAVING A CHORD BEARING AND DISTANCE OF NBW11029`E, 27.40 FEET, THROUGH A CENTRAL ANGLE OF 00' 17'45`, AN ARC DISTANCE OF 27.40 FEET TO A 3 e POINT ON THE EAST UNE OF THE AFOREMENTIONED 20—FOOT UNDERGROUND DRAINAGE EASEMENT; THENCE RUN S01 '07'55"W, ALONG SAID, a EAST LINE, A DISTANCE OF 35.01 FEET TO THE POINT OF BEGINNING: If CONTAINING 725.9 SQUARE FEET, MORE OR LESS, OR 0.02 : ACRES; 1THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF `THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON, 2. THIS SKETCH AND DESCRIPTION MEETS OR EXCEEDS ALL APPUCABLE REQUIREMENTS OF THE MINIMUM TECHNICAL STANDARDS AS ESTABUSHED IN CHAPTER 5J- 17, FLORIDA ADMINISTRATIVE CODE , e 3. THIS SKETCH AND DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY. EXISTING PROPERTY CONDITIONS OR FEATURE ARE NOT SHOWN. K 4. BASIS OF BEARINGS: THE EXISTING WEST RIGHT--OF-WAY QNE OF 66TH AVENUE BEARS N0(707'56"E PER OFFICIAL RECORD ,BOOK 2344, PAGE 476 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORMF A ALL OTHER BEARINGS ARE RELATIVE THERETO. CERTIFlCATiON SURVEYOR AND MAPPER IN RESPONSIBLE CH NOT COMPLETE WMiDtff W H SHEETS, 1 AND 2 AS CREATED DAVID W. SCHRYVER DATE r}' �" THIS IS SKETCH TO NACOOMPANY LEGAL. .DDESCRIPTI<ON RM FLORIDA REGISTRATION N0. P.S. M. 4864 INDIAN RIVER COUNTY SURVEYOR c mm ccmr " eu Oec►4. of publio Works a aaacH SECTION VISTA PLANTATION BEACH,IBM 271h: STRW VEW FL 4 Et}ginaering APPRovm Or: 06-1W WS^ a PORTION OF 2Q—i OOT Tnsl ao�=moo Division N UNDERGROUND MIRAGE EASEMENT 2 VISTA PLANTATION 60 80' I 50' c;olF AREA 3 O.R.B. 1105, 130' LATERAL "AjCANAL 0 25 50 100 V15TPROPERI`f OF VMO BEACFI: RIC I PG. 1173 I INDIAN RIVER FARMS CO. PLAT OF LANDS N O.R.B. 1840. PC. 2180 P.B. 2, PG. 125 e5oii'a5° GRAP�HI LEGA = � L=27.40' CB=N8W11 '29"E z z b C=27.40' S01607'55"W w w 94 548 3s 35.01 ' VSTA PLANOM Ma 1 . MIAN, RIVER COMM "' VISTA PLNr am ASSOCWT m INC O.R.B. 2344, P0. 478 N01'07'54°E - — -000 2 28.09 PG. 1817 W NBI52o4'w 4e7 P.c. _ooa8 R=52 92' 920 4A= ' L=7 . 2 4 IIz I�SLr,Q3 L=20. 1 P609BO z Aa_ :3 to m 4s o I VWA PKPERIY OF VERO, BEAt2b. RIC o 0 E- I to IO.R.B. 1840, PG. 2160_ ( ) S LEGEND ABBREVIATIONS A =CENTRAL ANGLE a MW KAM ASMC REWL LLC C=CHORD 33-39-060004700-88000D0.3 CB=CHORD BEARING O.R.B. 1253, P0: 1829 ( L=LENGTH OF CURVE O.R.B.=OFFICIAL. RECORD BOOK a BOO' COLN Tf R/W P ; Q,.(,; , P.C.=POINT OF CURVATURE O.R.B. 720, PG. 1522 N.E. CORNER OF PG.=PAGE O.R:B. 720, PG. 1522 P.O.B.=POINT OF BEGINNING i P.O.C.=POINT OF COMMENCEMENT -- -- -- -- R=RADIUS — STATE ROAD 60 ! RGE=RANCE R/W=RIGHT-OF-WAY TWP=TOWNSHIP NOT COMPLETE WITHOUT B07H SHEETS 1 AND 2 AS CREATED THS IS NOT A BOUNDARY SURVEY SKETCH TO ACCOMPANY LEM DESMPTION. DOM MM CMWW MUMSM RM OADMI Dept. of Public Works s It SECTION VISTA PLANTATION r 1801 s Engineering Division �+�" en MO 06-TWP33S—RGE3sE - PORTION OF 20- FOOT 2 � 0- SCHRYVER ND DRAINAGEEASEMENT r 2 A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK EXHIBIT "D" NONE WPB:109260:1 I` - A TRUE COPY CERTWICATION ON LASTPAGE EXHIBIT `B" J . K . BARTON , CLERK Form of Special Warranty Deed WPB: 109260 : 1 EXHIBIT F DISCLOSURE OF BgNEFICIAL INTEREST Florida Statute Section 286.23 toot to a "I dMA4,19 top to top 61 * 10 STATE OF FLORIDA COUNTY OF INDIAN R1vER Before me, the undersigned :authority, duly authorized to administer oaths, this day personally appeared the undersigned affiant, who, after first being duly swom on oath, by me, deposes and says that: ,, 11 1 . Affiant is the PCS LOA f of Y S1 7�4 fQ fi Qr! �f•SSec. . a Eke& a� corporation, and the following Is a list of all persons having a beneficial interest in the real property being sold to Indlan'R" ' r County, Which`Is legally described as fol1ovus: %s A c S C e^ p-y �l ` '( G}e rw1-� G n �f jor 1 � '�e•c UA . iqs 'Y� `; -�.�-� 2. In accordance with Section 286.23, Florida Statutes, affiant gives his full name and mailing address as follows: ossooss trort Pi'w e— rb I�rv ►'enc.� , 100 3oz 96 d Further afflant sayeth naught .t� By soot V T �. ORN TO AND SUBSCRIBED before me this � day of sty who was personally known to me or provided •1Hentification of sufficlent character tDAstabirsh Identify with a reasonable degree of certainty. NOTARY PUBLIC* evjld& P R a iv, d dylir4f� .'0L ." e�x �,e % rl rP 114 � H CAPp F i#44 �� � �� , . Type of ID provided Td /1'L �. . � 0A\SSION '1'� av T �VO 12, ?�is9� • � N • * soffio • � * i o • • • Z : #EE 041524 ;,7osss ,l;SPU 11111 11 370 2242751 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS This Instrument Prepared b < OF INDIAN RIVER COUNTY FL p x BK : 2612 PG : 34, Pagel of 4 10/05/2012 at 12 :30 PM , D DOCTAX PD $0.70 JEFFREY R SMITH, CLERK OF COURT _ . atACBAHAYiT'l r.LYabeR F'AOCE691h'OAATA _ ..F0ACT'41k80Vr TRWL=FftM0C85 WQ0AVX .. C . h n . tSPECIAL WARRANTY DEED �A If 1 TRIS 1N13L� TIII2E oils day of 20�, between /r l/iS-� P�cn-fe�;'v1 10f1. c�� ose office is located at _�t cot f ?"rug Of,{le . A& OOC '�, I 3ot ?(06 hereinafter:reloomt+ s antor," and. . Z yrhase�ad cess We ► +-v. ; is 18t� l W fT'crC'�' , VC �o C+es� L, . , r ' hereinafter ref hied t0 AS "Granted" WIT' NIsSSTTB;. That the Grantor, for and In eonsidamfidn of the ,sunt of TEN DOLLARS ($ 10) and other good and' valuable consideration to it in hand paid by the Grantee,the receipt of wbich is hereby;acknowledged, has granted, bargained and sold to the Grantee, and the Grantee's heirs and' assigns forever, the following described teat property situated; lying and being in Indian. River County, Florida, W wits Such real property subjectedto Vista Plantation Association, Into ("Condominium"), according to the: Declaration of Cando rnlum thereof ("IIeclaratlon"), recorded in Official Records Book: at. i'age I f the Public Records of Indian,River County, Florida, and any and all amendments thereto as follows: :SEE EXITTRU el This conveyance is made subject to the felhowing: L Real estate taxcs'lar the Year ofcloaicg and subsequent yerra and etry spceial taxes or;assessments altered against said __........ =__ pmpetty atterthe date of eloshiM, 2. AiE easements and other instruments of hard as may bo recording in the P41"ccords of induct River county; 3: WrEr Art of the recordingng in&tmalion 46ttWaed li0vin rat2ts to the Public Records of Indian Ttiver crRmty, Fylde, uafess athetwise indiemal: The Grantor does hereby warrant the tido to said property by, through and under the said, Grantor and will defend the save age'tnst laswfut claims of all moons claiming by, through or under:the"Grantor in accordance with such actions.., 1N, W ANO$ WHEREOF, Grantor has caused these presents,to be encutedi in its name, and Its corporate seat to be hereunto affixed, by Its proper officers thereunto duly authorized, the day and yeas first above written. rSIGArAT7REPAGRANDIL LDASCWTIDNFOLLI)iYS' suanataos: 34 -- -- - _ Nj A Signed, sealed and delivered in the presence; of VISTA PLANTATION ASSOPATION, INC. ' By; 14 Witness signatur Fr eager, President Printed name: (; Witness signature Printed name: d � STATE OF FLORIDA ) SS : COUNTY OF INDIAN. RIVER ) The foregoing instrument was acknowledged before me this day o£ ,%_ d 20121 by Frank Yeager, as .President of the Vista Plantation Association, Inc. who is personally kn wn to me or produced identification and did not take an oath. Notary Public, State o;oVda BL Print Name of No ublc ��� • ,�Gp�11 KISS/0 •�;nz _ w %GB. esu oq �.� ,�+hh Q� . O " /,//��� �llll1600000000* TM 01' "t APPROVED AS TO FORM AN A1. FEI E Wry VMLEAM F. f?EBRAAL DEPUTY COUNTY ATTORNEY IF EXHIBIT E- 1 Legal Description, (conveyed Property)IF ' 1 . 5KETCH To ACCO PANY DESCRIPTION. THIS NOT A. SURVEY tACAMON .MAP: NttT To. SCA1 E ._ .,T IRR IF �0 sr ;2 sl { 2A Ir 9 � . .nIF STA: PLAWATION ASs4CIATI-N , IN �, Cher Laaae IF IF I IF 9 IF a = z ad ` tk AIF is srti8d .' w IF ITEMPtTRARI Rt?NSTF#UCTII EAS> biENT' a -I red, Fr O GRAP} lCALL1' - DEPICTED tIFkELN. IFFe I .... IF "r. " IAQ ppyy41 IF THAT pC}RTtf�t� GAF ;TRACT 1 . INC IANra . rr RIVER . FARMS GOMPANI' PLAT OF LANDS` ACCO DING TO THE PIAT THEREDF, AS RECORDED IN PLAT r BOOK "2, PAGE 25. .PUBLIC RECORDS. SAINT LUCIE COUNi'Y, FLORIDA; ALL SAID LANDS LYING W1Tf1)N ;SECTION 6 , TOWNSHP 33 SOtliH; RAhIGE 39' EAST, INDWN R , COUNTY; FLORIDA, BEING MARE " PARTICCILARLY DESCRIBED AS FOLLOWS, COMMENCE AT HE . NORTHEAST CORNER OF THAT PARCEL OF ROAD RICHT=OF—'�/�Y DESCRIBED tN 4 M IAL RECORDS HOOK 720, PAGE . 11:622 9 . 4, THENCE IF 9 IF NORQ OD'b7'56, EAST, AL I I THE WEST LINE Of "1NDUAbI R ' COUP ROAD R10f4T OF WAY' Aa 13E$C1iIF 1BED IN 1 1 flFFlCldL RECORDS HOOK , ��709 ,, PAGE 293 , OFFICIAL RECORDS BOOK ,718, I�AGE ,;;24 r, DFFiC L _R CGItDS. 13DOK 11DI - PAGE. 1610 AND OFFICIAL RE QRI?S 1185, PAGE ttT3. . SiAIi? PU.I3UC RECORDS, A DISTANCE OF T ,JI&O. FEET TO THE POINIT OF @1aTINNQ ° OF THE HEREIN DESC. PC THENCE COtT�+IUE. NORTH t0T56" EAS, ALKSr�1G SSD RIC,LF=GF-VVI , A DISTAI?1GE Of 34.01 FE>=Cr tH ICE SOUTH 8$'5204 1 AST A % i71�v"1AN4�E �?!� 3O 00 PEffk THENCE NORTki IF I 45!07 56 EAST, A DISTANCE OF +F243 FEET; TtIENCE $OLtTH 001,07 IF WEST: A11�NG'; THE FAST LINE OF SAID ff?AC7 1 . A t7lSTANCE aF 94.92 FEET; THCE "NORTH 44`5Tt14� VV A DISTANCE 0 42.43 Fit; THENCE NORV 89"52'04 WEST, A DISTAN0E Of 30.00 FEET TO THE POI I €117 BEGINNING Ir I rd 6 NI I 2,995 "SQUARE FEET,, MORE OR LESS:. Srr P.ARL'EL OF LAND LYING WITHIN, THOSE sLANDS AS 'DE5GR18ED IN OFFICUAL RECORDS BOOK` TOO, PAGE IF 1653, PUBLIC RECORDS, "INDIAN RrkA COUNTY, MORIDA, AU BIARINGS ;SHDwN HERE014 ARE BASED ON. 'THE EAST LINE OF SECTION 8, TOWNSHIP 33 SOUTN,. 'R4 31 EAST,. IN1NMt RNER COUNTY, "FLf1RIDA. SAID UNE IS ASSUME4" TO BEAR NORTH Oa07 56" EAST., SUBJECT 70 EASEMENTS, RESTRGIIONS AND RIGHTS-QF WAY OF RECORD. 111 rr ,C fflD CA QN F. T wAND ;. v IPTIONARE NOT VAUD `WITHOUT THE SIGNATURE, AND 'ORIGINAL RAISED SEAL `OF A FLORA S ,AND MAPPER. NOTEi, THIS "15. NOT. A .SKEfCkI OF :SURVEY, : BUT ONLY A , GRAPHIC DEPICTdF Of CIiEIF % f 5CRIPTKld.NV: S99 91 1 NN THERE HiS " 8 I NO FIELD WORM, TAE N6' OF $t[BJECT PROPERTY, ORIF M�yUMENTSIF SET I!NI ...IW... mIF N" P1hTSS{ONi4L UWD :SURVEYOR AyQ Nk4p1?ER ' TFIE PREPAII01E OF E" iNFOR6UTI .i 8N0311N j10EN5E PTO: 4190, STATE OF FLORI9A . HER . .NOTE k441 SHOYIFt .HEREON WERE NOL` AB5IRACTED , FpR RESTWI IF CfCt1NS, Rlt {fS-OF Y AIR A ' IF ARkQiS U„ :, to AD (110 L R/W: Ear u tsef aa�aao�I r 1 rr�, 999 wpoo b 3 1 'Q $a12T r - SKETCH ' ACC3Of? 1NYIE �RIPI(Qf , THIS 1S NOT A SURV . t: 'TRAM 1� 13WTI4Ff8 t Q r, - Q INaCANf11l�RFARMSr.PIA QF,-' w a, MM c. ,'� x ' P.B. ZrPG."25k IN ^ GOLF AREA 3 w , nWNER: F.tAIF .SPF (1ES r .G)F' lVERQ 8EA6f, iNG r� � tr IN FL " r 7ta, rte. FFN. N fi - � �'so r SW1443 t43IN I INL FF OFFi 1" :.f4 C . � S89'S2`0A?EIN . 1% aa'.. . FIN OWNM �I o #" vr� PtANrriar� aIt rc: �. n� 1:4z as �, vERo aEac , . 34B, � . C E cs .a " 1 o : iaFF:B L x4 pta - 33390600007DOOaaOaaO:2 MIN IN r IN Nr FORM 3s ao I " GOLF AREA � . . NBW52:04"W i.FN N N �" BN 1I PROPERM OF b18 `52 Q4'�N( 1)ER{? :GSrrr H,. VL. 32"67 338040a0a800pa4(ma0.2 TRACT 1 St.01 *t.0 C� a IND M RKR FAR S W " I PLAr&,WIl gVAA - 2;;Pa 2,5 pa:� Carr a a s REGARIN.D OOOK 1604oa` R/�M 11 f � + . p B. : P� IF AT BARK INDtF 1, INFF � Pm PARCEL DERnFICA1 1 NUMBER" CORREUM IP1 . E•ps *- R(W - RIGHTM*i0f O R.9 i 115, i 1 tZ3 ( } NALom LG.R Si :IjWE COUMi1t REEORDS '� 1. Q fi " r C,E TI APARAKf GONSIRUCt14N 'EASkfAENT Ft FFF .C. + f NZ J: 11 3.R.B 72a, PG 1522CfRB ' i2G 1522 j _ . .. . .� 0 4 WIN oz. `S Et (SR6©j (ASGh�O A 9LVD I NINON ; is . . ._ - IN � r N, rIN , ARCAt1S U,s.,A; MDMotK Irtc.. IN INNo �41yap + v rtsa+f + isslrTrs1 ' 4to53 135127 WESTCOR POLICY NO . LAND TITLE INSURANCE COMPANY Of"25-FL '1394'2837853 OWNER' S POLICY OF TITLE INSURANCE (with Florida Modifications) ISSUED BY WESTCOR LAND 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, Westcor Land Title Insurance Company, a California 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. COVERED RISKS CONTINUED ON NEXT PAGE In Witness Whereof, WESTCOR LAND 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 signa- tory of the Company. Issued By: FL1394 * 42079258 WESTCOR LAND TITLE INSURANCE COMPANY Atlantic Coastal Land Title Company, LLC 3850 - 20th Street, Suite 4 o�sn ?yam By : Vero Beach , FL 32960 WetwrLaWlhlo % resident con,pvy � s iyss c° Attest: ee� atue�✓ Secretary OP-25 ALTA Owners Policy of Title Insurance 6- 17-06 (with FLORIDA Modifications) (WLTIC Edition 1 /26/11 ) Page I 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 zon- ing) 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. 6 . An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforce- ment 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 at- tached 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 I nstrument 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 (a) created, suffered, assumed, or agreed to by the Insured of this policy, and the Company will not pay loss or damage, costs, Claimant; attorneys ' fees, or expenses that arise by reason of. (b) not Known to the Company, not recorded in the Public Re- a . (a) Any law, ordinance, permit, or governmental regulation cords at Date of Policy, but Known to the Insured Claimant (including those relating to building and zoning) restricting, regulat- and not disclosed in writing to the Company by the Insured ing, prohibiting, or relating to Claimant prior to the date the Insured Claimant became an Insured under this policy ; (i) the occupancy, use, or enjoyment of the Land; (c) resulting in no loss or damage to the Insured Claimant; ( ii) the character, dimensions, or location of any improve- (d) attaching or created subsequent to Date of Policy ; or ment erected on the Land; ttt the subdivision of land; or (e) resulting in loss or damage that would not have been sus- ( ) tained if the Insured Claimant had paid value for the Title . (iv) environmental protection; 4. Any claim, by reason of the operation of federal bankruptcy, state or the effect of any violation of these laws, ordinances, insolvency, or similar creditors ' rights laws, that the transaction or governmental regulations . This Exclusion 1 (a) does vesting the Title as shown in Schedule A, is not modify or limit the coverage provided under Covered (a) a fraudulent conveyance or fraudulent transfer; or Risk 5 . (b) Any governmental police power. This Exclusion 1 (b) does not (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. modify or limit the coverage provided under Covered Risk 6. 2 . Rights of eminent domain. This Exclusion does not modify or 5 . Any lien on the Title for real estate taxes or assessments imposed limit the coverage provided under Covered Risk 7 or 8 . by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other 3 . Defects, liens, encumbrances, adverse claims, or other matters instrument of transfer in the Public Records that vests Title as shown in Schedule A . OP-25 ALTA Owners Policy of Title Insurance 6- 17-06 (with FLORIDA Modifications) (WLTIC Edition 1 /26/ 11 ) Page 2 I CONDITIONS 1 . DEFINITION OF TERMS without Knowledge. With respect to Covered Risk 5(d), "Public The following terms when used in this policy mean : Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court (a) "Amount of Insurance": The amount stated in Schedule A, as for the district where the Land is located. may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and I1 � ) "Title" : The estate or interest described in Schedule A . of these Conditions. (k) "Unmarketable Title": Title affected by an alleged or apparent (b) "Date of Policy" : The date designated as "Date of Policy" in matter that would permit a prospective purchaser or lessee of Schedule A . the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition (c) "Entity" : A corporation, partnership, trust, limited liability requiring delivery of marketable title. company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. 2. CONTINUATION OF INSURANCE (i) The term "Insured" also includes The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains (A) successors to the Title of the Insured by operation of an estate or interest in the Land, or holds an obligation secured by a law as distinguished from purchase, including heirs, purchase money Mortgage given by a purchaser from the Insured, devisees, survivors, personal representatives, or next or only so long as the Insured shall have liability by reason of warm of kin; ranties in any transfer or conveyance of the Title. This policy shall (B) successors to an Insured by dissolution, merger, con- not continue in force in favor of any purchaser from the Insured solidation, distribution, or reorganization; of either (i) an estate or interest in the Land, or (ii) an obligation (C) successors to an Insured by its conversion to another secured by a purchase money Mortgage given to the Insured. kind of Entity; 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED (D) a grantee of an Insured under a deed delivered without CLAIMANT payment of actual valuable consideration conveying the The Insured shall notify the Company promptly in writing (i) in Title case of any litigation as set forth in Section 5 (a) of these Condi- ( 1 ) if the stock, shares, memberships, or other equity tions, (ii) in case Knowledge shall come to an Insured hereunder of interests of the grantee are wholly-owned by the any claim of title or interest that is adverse to the Title, as insured, named Insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is (2) if the grantee wholly owns the named Insured, rejected as Unmarketable Title. If the Company is prejudiced by (3 ) if the grantee is wholly-owned by an affiliated En- the failure of the Insured Claimant to provide prompt notice, the tity of the named Insured, provided the affiliated Company 's liability to the Insured Claimant under the policy shall Entity and the named Insured are both wholly- be reduced to the extent of the prejudice . owned by the same person or Entity, or 4. PROOF OF LOSS (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the In the event the Company is unable to determine the amount of loss Insured named in Schedule A for estate planning or damage, the Company may, at its option, require as a condition purposes . of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or (ii) With regard to (A); (B), (C), and (D) reserving, however, allother matter insured against by this policy that constitutes the basis rights and defenses as to any successor that the Company of loss or damage and shall state, to the extent possible, the basis would have had against any predecessor Insured. of calculating the amount of the loss or damage . (e) "Insured Claimant": An Insured claiming loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (f) "Knowledge" or "Known": Actual knowledge, not construc- tive knowledge or notice that may be imputed to an Insured by (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at reason of the Public Records or any other records that impart its own cost and without unreasonable delay, shall provide for constructive notice of matters affecting the Title. the defense of an Insured in litigation in which any third party (g) "Land": The land described in Schedule A, and affixed improve- asserts a claim covered by this policy adverse to the Insured. ments that by law constitute real property. The term "Land" This obligation is limited to only those stated causes of action does not include any property beyond the lines of the area alleging matters insured against by this policy. The Company described in Schedule A, nor any right, title, interest, estate, or shall have the right to select counsel of its choice (subject to the easement in abutting streets, roads, avenues, alleys, lanes, ways, right of the Insured to object for reasonable cause) to represent or waterways, but this does not modify or limit the extent that the Insured as to those stated causes of action. It shall not be a right of access to and from the Land is insured by this policy. liable for and will not pay the fees of any other counsel . The (h) "Mortgage": Mortgage, deed of trust, trust deed, or other secu- Company will not pay any fees, costs, or expenses incurred by rity instrument, including one evidenced by electronic means the Insured in the defense of those causes of action that allege authorized bylaw. matters not insured against by this policy. (i) "Public Records" : Records established under state statutes at (b) The Company shall have the right, in addition to the options Date of Policy for the purpose of imparting constructive notice contained in Section 7 of these Conditions, at its own cost, to of matters relating to real property to purchasers for value and institute and prosecute any action or proceeding or to do any OP-25 ALTA Owners Policy of Title Insurance 6- 17-06 (with FLORIDA Modifications) (WLTIC Edition 1 /26/11 ) Page 3 CONDITIONS - CONTINUED other act that in its opinion may be necessary or desirable to or tender payment of theAmount of Insurance under this policy establish the Title, as insured, or to prevent or reduce loss or together with any costs, attorneys ' fees, and expenses incurred damage to the Insured. The Company may take any appropri- by the Insured Claimant that were authorized by the Company ate action under the terms of this policy, whether or not it shall up to the time of payment or tender of payment and that the be liable to the Insured . The exercise of these rights shall not Company is obligated to pay. be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, Upon the exercise by the Company of this option , all liability it must do so diligently. and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, (c) Whenever the Company brings an action or asserts a defense shall terminate, including any liability or obligation to defend, as required or permitted by this policy, the Company may prosecute, or continue any litigation. pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, (b) To Pay or Otherwise Settle With Parties Other Than the Insured in its sole discretion, to appeal any adverse judgment or or With the Insured Claimant. order. (i) to pay or otherwise settle with other parties for or in the name 6. DUTY OF INSURED CLAIMANT TO COOPERATE of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, (a) In all cases where this policy permits or requires the Company attorneys' fees, and expenses incurred by the Insured Claimn to prosecute or provide for the defense of any action or proceed- ant that were authorized by the Company up to the time ing and any appeals, the Insured shall secure to the Company of payment and that the Company is obligated to pay ; or the right to so prosecute or provide defense in the action or (ii) to pay or otherwise settle with the Insured Claimant the loss proceeding, including the right to use, at its option, the name oor damage provided for under this policy, together with any f the Insured for this purpose. Whenever requested by the costs, attorneys Company, the Insured, at the Company 's expense, shall give the fees, and expenses incurred by the Insured Company all reasonable aid (i) in securing evidence, obtaining Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in Upon the exercise by the Company of either of the options provided the opinion of the Company may be necessary or desirable to for in subsections (b)(i) or (ii), the Company 's obligations to the establish the Title or any other matter as insured. If the Company Insured under this policy for the claimed loss or damage, other than is prejudiced by the failure of the Insured to furnish the required the payments required to be made, shall terminate, including any li- cooperation, the Company 's obligations to the Insured under ability or obligation to defend, prosecute, or continue any litigation. the policy shall terminate, including any liability or obligation g, DETERMINATION AND EXTENT OF LIABILITY to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. This policy is a contract of indemnity against actual monetary loss (b) The Company may reasonably require the Insured Claimant to or damage sustained or incurred by the Insured Claimant who has submit to examination under oath by any authorized representa- suffered loss or damage by reason of matters insured against by tive of the Company and to produce for examination, inspection, this policy. and copying, at such reasonable times and places as may be (a) The extent of liability of the Company for loss or damage under designated by the authorized representative of the Company, this policy shall not exceed the lesser of all records, in whatever medium maintained, including books, (i) the Amount of Insurance; or ledgers, checks, memoranda, correspondence, reports, e-mails, 11 the difference between the value of the Title as insured and disks, tapes, and videos whether bearing a date before or after ( ) Date of Policy, that reasonably pertain to the loss or damage. the value of the Title subject to the risk insured against by Further, if requested by any authorized representative of the this policy. Company, the Insured Claimant shall grant its permission, in (b) If the Company pursues its rights under Section 5 of these Con= writing, for any authorized representative of the Company to ditions and is unsuccessful in establishing the Title, as insured, examine, inspect, and copy all of these records in the custody or (i) the Amount of Insurance shall be increased by 10%, and control of a third party that reasonably pertain to the loss or dam- age. All information designated as confidential by the Insured (ii) the Insured Claimant shall have the right to have the loss Claimant provided to the Company pursuant to this Section shall or damage determined either as of the date the claim was not be disclosed to others unless, in the reasonable judgment of made by the Insured Claimant or as of the date it is settled the Company, it is necessary in the administration of the claim . and paid. Failure ofthe Insured Claimant to submit for examination under (c) In addition to the extent of liability under (a) and (b), the Com- oath, produce any reasonably requested information, or grant pany will also pay those costs, attomeys ' fees, and expenses in= permission to secure reasonably necessary information from cuffed in accordance with Sections 5 and 7 of these Conditions . third parties as required in this subsection, unless prohibited 9. LIMITATION OF LIABILITY by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim . (a) If the Company establishes the Title, or removes the alleged 7s OPTIONS TO PAYOR OTHERWISE SETTLE defect, lien, or encumbrance, or cures the lack of a right of ac- CLAIMS ; TERMINATION OF LIABILITY cess to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any In case of a claim under this policy, the Company shall have the method, including litigation and the completion of any appeals, following additional options: it shall have fully performed its obligations with respect to that (a) To Pay or Tender Payment of the Amount of Insurance. To pay matter and shall not be liable for any loss or damage caused to the Insured. OP-25 ALTA Owners Policy of Title Insurance 6= 17-06 (with FLORIDA Modifications) (WLTIC Edition 1 /26/11 ) Page 4 (b) In the event of any litigation, including litigation by the Comm Arbitration pursuant to this policy and under the Rules in effect pany or with the Company 's consent, the Company shall have on the date the demand for arbitration is made or, at the option of no liability for loss or damage until there has been a final deter- the Insured, the Rules in effect at Date of Policy shall be binding mination by a court of competent jurisdiction, and disposition upon the parties. The award may include attorneys ' fees only if of all appeals, adverse to the Title, as insured. the laws of the state in which the Land is located permit a court (c) The Company shall not be liable for loss or damage to the to award attorneys ' fees to a prevailing party. Judgment upon the Insured for liability voluntarily assumed by the Insured in set- award rendered by the Arbitrator(s) may be entered in any court ding any claim or suit without the prior written consent of the having jurisdiction thereof. Company. The law of the situs of the land shall apply to an arbitration under 10. REDUCTION OF INSURANCE ; REDUCTION OR the Title Insurance Arbitration Rules . TERMINATION OF LIABILITY A copy of the Rules may be obtained from the Company upon request. All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance 15. LIABILITY LIMITED TO THIS POLICY; POLICY by the amount of the payment. ENTIRE CONTRACT 11 , LIABILITY NONCUMULATIVE (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the The Amount of Insurance shall be reduced by any amount the Comm Insured and the Company. In interpreting any provision of this pany pays under any policy insuring a Mortgage to which exception policy, this policy shall be construed as a whole. is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of (b) Any claim of loss or damage that arises out of the status of the Policy and which is a charge or lien on the Title, and the amount Title or by any action asserting such claim whether or not based so paid shall be deemed a payment to the Insured under this policy. on negligence shall be restricted to this policy. 12. PAYMENT OF LOSS (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly When liability and the extent of loss or damage have been definitely incorporated by Schedule A of this policy. fixed in accordance with these Conditions, the payment shall be (d) Each endorsement to this policy issued at any time is made a made within 30 days. part of this policy and is subject to all of its terms and provi- 13. RIGHTS OF RECOVERY UPON PAYMENT OR sions . Except as the endorsement expressly states, it does not SETTLEMENT (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, (a) Whenever the Company shall have settled and paid a claim or (iv) increase the Amount of Insurance. under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights 16. SEVERABILITY and remedies in respect to the claim that the Insured Claimant In the event any provision of this policy, in whole or in part, is held has against any person or property, to the extent of the amount invalid or unenforceable under applicable law, the policy shall be of any loss, costs, attorneys ' fees, and expenses paid by the deemed not to include that provision or such part held to be invalid, Company. If requested by the Company, the Insured Claimant but all other provisions shall remain in full force and effect. shall execute documents to evidence the transfer to the Com- pany of these rights and remedies . The Insured Claimant shall 17. CHOICE OF LAW; FORUM permit the Company to sue, compromise, or settle in the name (a) Choice of Law: The Insured acknowledges the Company has of the Insured Claimant and to use the name of the Insured underwritten the risks covered by this policy and determined Claimant in any transaction or litigation involving these rights the premium charged therefor in reliance upon the law affecting and remedies . interests in real property and applicable to the interpretation, If a payment on account of a claim does not fully cover the loss rights, remedies, or enforcement of policies of title insurance of the Insured Claimant, the Company shall defer the exercise of the jurisdiction where the Land is located . of its right to recover until after the Insured Claimant shall Therefore, the court or an arbitrator shall apply the law of the have recovered its loss . jurisdiction where the Land is located to determine the validity (b) The Company 's right of subrogation includes the rights of the of claims against the Title that are adverse to the Insured and Insured to indemnities, guaranties, other policies of insurance, to interpret and enforce the terms of this policy. In neither case or bonds, notwithstanding any terms or conditions contained shall the court or arbitrator apply its conflicts of law principles in those instruments that address subrogation rights . to determine the applicable law. 14. ARBITRATION (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a Unless prohibited by applicable law, arbitration pursuant to the state or federal court within the United States of America or its Title Insurance Arbitration Rules of the American Arbitration As- territories having appropriate jurisdiction. sociation may be demanded if agreed to by both the Company and the Insured at the time of a controversy or claim. Arbitrable mat- 18. NOTICES, WHERE SENT ters may include, but are not limited to, any controversy or claim Any notice of claim and any other notice or statement in writing between the Company and the Insured arising out of or relating required to be given to the Company under this policy must be to this policy, and service of the Company in connection with its given to the Company at: 201 N. New York Avenue, Suite 200, issuance or the breach of a policy provision or other obligation. Winter Park, Florida 32789, (866) 629-5842 . OP-25 ALTA Owners Policy of Title Insurance 6- 17-06 (with FLORIDA Modifications) (WLTIC Edition 1 /26/11 ) Page 5 i OWNER'S POLICY OF TITLE INSURANCE (With Florida Modifications) WESTCOR LAND TITLE INSURANCE COMPANY OWNER ' S POLICY OF TITLE INSURANCE HOME OFFICE 201 N . New York Avenue , Suite 200 Winter Park, Florida 32789 Telephone : (407) 629-5842 `` ,,,, K `x °, , S `� v' �. . y., by , C ? �- tis , F•` r BPI 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 : 42079258 Policy No : OP-25 -FL1394-2837853 Effective Date : October 5, 2012 at 12 :30 PM Amount of Insurance : $ 1951750.00 1 . The Insured hereunder, in whom title to the fee simple estate (as to Parcel 127) ; and an easement interest (as to Parcel 127A) is vested at the date hereof, is : Indian River County 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 : PARCEL 127 THAT PORTION OF TRACT 1 , 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 6 , TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : Pol I - Policy Insert Page I y s a :.' fir . H', a � � . -, . . s• ts ,. .z . �f ;� '",'�:. COMMENCE AT THE NORTHEAST CORNER OF THAT PARCEL OF ROAD RIGHT-OF-WAY DESCRIBED IN OFFICIAL RECORDS BOOK 720, PAGE 1522 ; THENCE NORTH 00 DEGREES 07 MINUTES 56 SECONDS EAST, ALONG THE WEST LINE OF INDIAN RIVER COUNTY ROAD RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 709, PAGE 2938 , OFFICIAL RECORDS BOOK 718 , PAGE 246, OFFICIAL RECORDS BOOK 1101 , PAGE 1610 AND OFFICIAL RECORDS BOOK 1105 , PAGE 1173 , SAID PUBLIC RECORDS , A DISTANCE OF 1 ,400 . 02 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE NORTH 00 DEGREES 07 MINUTES 56 SECONDS EAST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 34 . 92 FEET ; THENCE SOUTH 89 DEGREES 52 MINUTES 04 SECONDS EAST, A DISTANCE OF 30 . 00 FEET, THENCE NORTH 45 DEGREES 07 MINUTES 56 SECONDS EAST, A DISTANCE OF 42 . 43 FEET; THENCE SOUTH 00 DEGREES 07 MINUTES 56 SECONDS WEST, ALONG THE EAST LINE OF SAID TRACT 1 , A DISTANCE OF 94 . 92 FEET; THENCE NORTH 44 DEGREES 52 MINUTES 04 SECONDS WEST, A DISTANCE OF 42 . 43 FEET; THENCE NORTH 89 DEGREES 52 MINUTES 04 SECONDS WEST, A DISTANCE OF 30 . 00 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND LYING WITHIN THOSE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 700, PAGE 1653 , PUBLIC RECORDS , INDIAN RIVER COUNTY, FLORIDA . ALL BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 6, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID LINE IS ASSUMED TO BEAR NORTH 00 DEGREES 07 MINUTES 56 SECONDS EAST. PARCEL 127A - THE ACCESS EASEMENT A PORTION OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2344 , PAGE 479 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AND LYING IN THE NORTHEAST ,QUARTER OF SECTION 6 , TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS : Pol I = Policy Insert Page 2 INIII I P6 . RpJOMX'ZM�' N '* . COMMENCE AT THE NORTHEAST CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 720, PAGE 1522 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN NORTH 00 DEGREES 07 MINUTES 56 SECONDS , ALONG THE EXISTING WEST RIGHT-OF-WAY OF 66TH AVENUE (PER OFFICIAL RECORDS BOOK 11059 PAGE 1173 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA), A DISTANCE OF 1400 . 02 FEET TO A POINT ON THE BOUNDARY LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 699 , PAGE 1817 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID POINT LYING ON THE SOUTHWEST CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2344, PAGE 476 OF SAID PUBLIC RECORDS ;THENCE, LEAVING THE AFOREMENTIONED EXISTING WEST RIGHT-OF-WAY LINE OF 66TH AVENUE, RUN NORTH 89 DEGREES 52 MINUTES 04 SECONDS WEST, ALONG THE LINE OF SAID OFFICIAL RECORDS BOOK 699, PAGE 1817 , A DISTANCE OF 49 . 76 FEET TO THE POINT OF CURVATURE OF A 5269 .96 FOOT RADIUS CURVE, CONCAVE TO THE SOUTH; THENCE RUN WESTERLY, ALONG THE CURVE, THROUGH A CENTRAL ANGLE OF 00 DEGREES 48 MINUTES 17 SECONDS , AN ARC DISTANCE OF 74 . 02 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE WESTERLY, ALONG THE ARC OF SAID 5269 . 92 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 00 DEGREES 13 MINUTES 03 SECONDS , AN ARC DISTANCE OF 20 . 01 FEET TO A POINT ON THE WESTERLY LINE OF A 20 FOOT UNDERGROUND DRAINAGE EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 23445 PAGE 479 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY; THENCE RUN NORTH 01 DEGREES 07 MINUTES 54 SECONDS -EAST, ALONG SAID WESTERLY LINE, A DISTANCE OF 28 .09 FEET TO A POINT ;THENCE RUN NORTH 46 DEGREES 46 MINUTES 36 SECONDS WEST, STILL ALONG SAID WESTERLY LINE, A DISTANCE OF 9 . 95 FEET TO A POINT ON THE BOUNDARY OF THE AFOREMENTIONED LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 699 , PAGE 1817 ; SAID POINT LYING ON THE ARC OF A NON-TANGENT 5304 . 92 FOOT RADIUS CURVE, CONCAVE TO THE SOUTH, THENCE RUN EASTERLY, ALONG SAID CURVE, HAVING A CHORD BEARING AND DISTANCE OF NORTH 89 DEGREES 11 MINUTES 29 SECONDS EAST, 27 .40 FEET, THROUGH A CENTRAL ANGLE OF 00 DEGREES 17 MINUTES 45 SECONDS AN ARC DISTANCE OF 27 . 40 FEET TO A POINT ON THE EAST LINE OF THE AFOREMENTIONED 20 FOOT UNDERGROUND DRAINAGE EASEMENT; THENCE RUN SOUTH 01 Pol l - Policy Insert Page 3 DEGREES 07 MINUTES 55 SECONDS WEST, ALONG SAID EAST LINE, A DISTANCE OF 35 . 01 FEET TO THE POINT OF BEGINNING. Countersigned: Autl! ' ed Signatory I ATLANTIC COASTAL LAND TITLE COMPANY, LLC 3850 20' Street, Suite 4, Vero Beach, Florida 32960 Telephone : 772-569-4364 Pol I = Policy Insert Page 4 Y � . . `k>, �+` '3 � ,•a., , � ' e°� �, mgr �a�� , . , . � ��. Agent's File No : 42079258 Policy No : 0P=25 -FL1394-2837853 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 . Any lien provided by Chapter 159, Florida Statutes in favor of any city, town, village or port authority for unpaid service charges for service by any water system, sewer system, or gas system serving the land described herein. 5 . Terms , conditions, covenants, restrictions , easements and or matters contained in the in Official Records Book 699 Pae 1817 and as amended, Declaration of Condominium recorded g of the Public Records of Indian River County, Florida, but any covenant, condition, restriction, easement or servitude indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap , familial status or national origin to the extent such covenants, conditions or Pol I - Policy Insert Page 5 - I restrictions violate 42 USC 3604(c) are hereby omitted. and all amendments thereto , including the following : a) provides for a private charge assessment; b) provides for the prior approval of a future purchaser or occupant. 6 . Management Agreement as recorded in Official Records Book 699 , Page 1416, of the Public Records of Indian River County, Florida. 7 . Certificate of Water Reservation, as recorded in Official Records Book 700 , Page 1874 and Official Records Book 721 , Page 938 , of the Public Records of Indian River County, Florida. 8 . Deed of Easement and Bill of Sale of Utility Facilities to Indian River County, as recorded in Official Records Book 709, Page 1769, Official Records Book 709 , Page 1772, Official Records Book 721 , Page 1905 , Official Records Book 722 , Page 694, Official Records Book 722 , Page 697, Official Records Book 72 , Page 700 , Official Records Book 722 , Page 703 , Official Records Book 733 , Page 1680 , Official Records Book 735 , Page 889 , Official Records Book 736 , Page 430 and Official Records Book 736 , Page 433 , of the Public Records of Indian River County, Florida. 9 . Deed to Indian River County for Road Right of Way, as recorded in Official Records Book 709 , Page 2938 , Official Records Book 718 , Page 246, Official Records Book 720, Page 1522 and Official Records Book 2344 , Page 476, of the Public Records of Indian River County, Florida. 10 . Deed of Easements to The City of Vero Beach, as recorded in Official Records Book 714 , Page 705 and Official Records Book 716, Page 403 , of the Public Records of Indian River County, Florida. 11 . Deed of Easements to Southern Bell Telephone, as recorded in Official Records Book 724 , Page 2555 , of the Public Records of Indian River County, Florida . 12 . Easement to Indian River County, as recorded in Official Records Book 736 , Page 2767 , of the Public Records of Indian River County, Florida. 13 . Easement Deeds as recorded in Official Records Book 910, Page 2323 , Official Records Book 910 , Page 2325 and Official Records Book 910 , Page 2328 , of the Public Records of Indian River County, Florida. Poll - Policy Insert Page 6 - _ 1 14. Declaration of Easements as recorded in Official Records Book 1028 , Page 791 and Official Records Book 1041 , Page 2712 , of the Public Records of Indian River County, Florida. 15 . Easement as recorded in Official Records Book 1032 , Page 1847, of the Public Records of Indian River County, Florida. 16 . Easement to Bellsouth Telecommunications, Inc . , as recorded in Official Records Book 1078 , Page 1617 and Official Records Book 1836 , Page 1057 , of the Public Records of Indian River County, Florida. 17 . Conveyances to Indian River County, as recorded in Official Records Book 1101 , Page 1610 and corrected in Official Records Book 1105 , Page 1173 , of the Public Records of Indian River County, Florida. 18 . Resolution No . 96-93 as recorded in Official Records Book 1118 , Page 748 , of the Public Records of Indian River County, Florida. 19 . Agreement for Grant of Easement to AT&T, as recorded in Official Records Book 1447 , Page 891 , of the Public Records of Indian River County, Florida. 20 . Conveyance to Indian River County, as recorded in Official Records Book 2344 , Page 476 , of the Public Records of Indian River County, Florida. 21 . Grant of Easement to Indian River County, as recorded in Official Records Book 2344, Page 479 , of the Public Records of Indian River County, Florida. 22 . Temporary Construction Easement to Indian River County, as recorded in Official Records Book 2344 , Page 2049, of the Public Records of Indian River County, Florida. 23 . St. John's River Water Management District. 24 . Unrecorded Settlement Agreement between Indian River County, a political subdivision of the State of Florida and Vista Plantation Association, Inc. a Florida non-profit corporation dated June 19 , 2012 . 25 . Actual acreage is neither insured nor guaranteed. Pol l - Policy Insert Page 7 In accordance with Title 42 United States Code, Section 3604, any covenants, conditions or restrictions referred to herein, which indicate any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, are hereby deleted. Note 1 : This policy does not insure against loss or damage arising as the result of unpaid charges for public utilities furnished by any county, municipality, or public service corporation, which may be or may become a lien upon the land insured hereby under any provision of the Florida Statutes including Section 159 . 17 ; and/or any county, municipal, or special taxing district assessment, including those levied under the provisions of Chapter 190, Florida Statutes. Note 2 : All references herein to recorded instruments, refer to recordations contained within the Public Records of the county in which the land is located. Reference to instruments among the Public Records refer to the first recorded page of the instrument, but include by reference all pages recorded under the Clerk's File Number assigned to the instrument referred to, Pol I - Policy Insert Page 8