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AGREEMENT TO PURCHASE AND SELL REAL ESTATE
BETWEEN INDIAN RIVER COUNTY �110
AND
. NICOLE GRICE WEST
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is
made and entered into as of the 5th day of June , 2012, by and between
Indian River County, a political subdivision of the State of Florida ("the County', and Nicole
Grice West, (Ms. Grice West) who agree as follows:
WHEREAS, Ms. Grice West owns a 10.6 acre parcel of property located at 1300
6e Avenue, Vero Beach, Florida. An aerial photograph depicting the property is attached
to this agreement as Exhibit "AA incorporated by reference herein; and
WHEREAS, the County, is scheduled to expand 66"' Avenue and the road
expansion will impact Ms. Grice West's property on its southem border along 12th Street;
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 on le
Street; and
WHEREAS, the County has contacted Ms. Grice West and has offered to purchase
approximately 0.389 acres or 16,925 square feet of property to be used as right-of4ay
(shown as Exhibit "B"; and
WHEREAS, the County is prepared to take the Property by using its power of
eminent domain; and
WHEREAS, Ms. Grice West and the County wish to avoid the risk, time and
expense of litigation by entering into this agreement for sale and purchase of the needed
right-ofmmay property,
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants and premises hereinafter, the COUNTY and Ms. Grice West 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 Ms. Grice West hereby agrees to sell to the
County, and the County hereby agrees to purchase from Ms. Grice West, upon the terms
and conditions set forth in this Agreement that certain parcels of real property located on
12th Street, Vero Beach , Florida and more specifically described in the sketch and legal
description attached as Exhibit "B", including an addendum to the contract attached as
Exhibit "CA, fee simple, contaaining approximately 16,925 square feet to be used as right-of-
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way, all improvements thereon, together with all easements, rights and uses now or
hereafter belonging thereto (collectively, the "Property') . Furthermore, Ms. Grice West
agrees to execute a temporary construction easement running parallel to the proposed
right of way fine , as shown , on W Avenue Road Plans, attached as Exhibit "DA to this
agreement. This temporary construction easement shall be used for construction of the
replacement horse fencing pursuant to the specifications in the attached Road Plans that
shall be constructed by the County's Contractor.
2 . 1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the
Property shall be $21 ,494.75 (TwentymOne Thousand Four Hundred Ninety-Four and
751100 Dollars). The County also agrees to pay Ms. Grice West $28,000 for nine (9) 35M
year old Live Oak trees (to be removed in conjunction with the road construction project).
Further, the County will pay to Ms. Grice West the sum of $ 15,000 in order for her to
construct a driveway, gate and fencing at the northern border of her property. Please see
additional conditions shown and attached as the Addendum to Contract, Exhibit "CA. The
total Purchase Price shall be $64,494.75 (Sixty-Four Thousand Four Hundred Ninety-Four
and 75!100 Dollars), 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. Ms. Grice West shall convey marketable title to the Property by warranty deed
free of claims, liens, easements and encumbrances of record or known to Ms. Grice West;
but subject to r taxes for the r of Closing and covenants, restrictions and public
! property Y� 9
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 Ms. Grice West 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 Ms. Grice West cures
the defects within thirty (30) days from receipt of notice from County of title defects
("Curative Period'. Ms. Gnce West 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
Ms. Grice West, to: (i) to terminate this Agreement, whereupon shall be of no further force
and effect, or (u) 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 Ms. Grice West.
4. 1 Ms. Grine West 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 dear of all liens and
encumbrances.
2
4.2 From and after the Effective Date of this Agreement, Ms. Grice West 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 . 1 There are no existing or pending special assessments affecting the Property, which
are or may be assessed by any governmental authority, water or sewer authority, school
district, drainage district or any other special taxing district
5. Default.
5. 1 In the event the County shall fail to perform any of its obligations hereunder, Ms.
Grice West 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 Ms.
Grice West 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.
X5.2 In the event Ms. Grice West shall fail to perform any of its obligations hereunder,
B. :he County shall, at its sole option, be entitled to: (i) terminate this Agreement by written
(notice delivered to Ms. Grice West 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 Ms. Grice West; or (a) obtain specific performance of the
terms and conditions hereof; or (iii) waive the Ms. Grice Wesfs default and proceed to
Closing:
6. Closing .
6. 1 The closing of the transaction contemplated herein ("Closing" and "Closing Date")
shall take place within 30 days following the execution of the contract by the Chairman of
the Board of County Commissioners. The parties agree that the Closing shall be as
follows:
(a) Ms. Grice West shall execute and deliver to the County a warranty deed conveying
marketable title to the Property, free and clear of all kens and encumbrances and in the
condition required by paragraph 3.
(b) If Ms. Grice West is obligated to discharge any encumbrances at or prior to Closing
and fails to do so, County may use a portion of Purchase Price funds to satisfy the
encumbrances.
(c) If Ms. Grice West is a non-resident alien or foreign entity, Ms. Grice West shall
deliver to the County an affidavit, in a form acceptable to the County, certifying that the Ms.
Grice West and any interest holders are not subject to tax under the Foreign Investment
and Real Property Tax Act of 1980.
(d) Ms. Grice West and the County shall each deliver to the other such other
documents or instruments as may reasonably be required to close this transaction .
3
6.2 Taxes. All taxes and special assessments which are a lien upon the property on or
prior to the Closing Date (except cunent taxes which are not yet due and payable)
shall be paid by Ms. Grice West.
7. Closing Costs: Expenses. County shall be responsible for preparation of all Closing
documents .
7 . 1 County shall pay the following expenses at Closing.
7 . 1 . 1 The cost of recording the warranty deed and any release or satisfaction obtained by
Ms. Grice West pursuant to this Agreement.
701 .2 Documentary Stamps required to be affixed to the warranty deed .
7. 103 All costs and premiums for the owner's marketabiMy tille insurance commitment and
policy, if any.
7 .2 Ms. Grice West shall pay the following expenses at or prior to Closing :
7. 2. 1 All costs necessary to cure title defect(s) or encumbrances, other than the
Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or
encumbrances upon the Property.
8. Miscellaneous.
8. 1 Controlling Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Florida. Venue shall be in Indian River County for all state
court matters, and in the Southern District of Florida for all federal court matters.
8 .2 Condemnation . This property is being sold by Ms. Grice West under the threat of
Eminent Domain. As such , the 0.389 acres purchased by the County shall be included as
a density credit of 0.389 acres to Ms. Grice West's remainder property should she decide
to develop the remainder property in the future. Should Ms. Grice West apply to develop
the remainder property as an agricultural planned developmerrt, the existing southern
portion of her property shall qualify for one residence and the northern portion of the
property shall qualify for one residence.
8. 3 Entire Aanaement. This Agreement constitutes the entire agreement between the
parties with respect to this transaction and supersedes all prior agreements, written or
oral, between Ms. Grice West 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.
8.4 Assignment and Binding Effect. Neither County nor Ms. Grice West may assign its
rights and obligations under this Agreement without the prior written consent of the other
party. The terms hereof shall be binding upon and shall inure to the benefit of the parties
hereto and their successors and assigns.
4
8. 5 Notices. Any notice shall be deemed duly served if personally served or 9 mailed by
certified mail, return receipt requested , or if sent via aovemighf courier service or facsimile
transmission , as follows:
If to Ms . Grice West: Nicole Grice West
1836 le Avenue SW
Vero Beach , FL 32962
If to County. Indian River County
1801 27th Street
Vero Beach , FL. 32960
Attn : Land Acquisition/Louise Gates
Either party may change the information above by giving written notice of such change as
provided in this paragraph.
8 . 6 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.
8.7 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 . 8. Counterparts. This Agreement maybe executed in two or more counterparts, each
one of which shall constitute an original.
8.9. County Approval Recauired: This Agreement is subject to approval by the Indian
River County as set forth in paragraph 2. 1 .
8. 10 Beneficial Interest Disclosure: In the event Ms. Grice West is a partnership, limited
partnership, corporation , trust, or any form of representative capacity whatsoever for
others, Ms. Grice West shall provide a fully completed , executed , and sworn beneficial
N
nterest 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 Ms. Grice West is a
non-public entity, that Ms. Grice West is not required to disclose persons or entities holding
less than five (5%) percent of the beneficial interest in Ms. Grice West
5
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IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the
date first set forth above.
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
6 Ala
Gary C . heeler, Chairman N' to Grice Wtt Date
•••„N• • •x •• • dgN
�OMMI * * , •,,
Approved by BCC June 5 , 2012 1w
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ATTEST: "rrrarrNrn+°
Jeffrey K. Barton , Clerk of Circuit Court
Deputy Clerk
Approved :
&sephaird , County Administrator
Approved as to Fo d Le I Sufficiency:
County Attorney
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SKETCH AND DESCRIPTION
SURVEYOR'S NOTES:
1 . UNLESSz IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF
A FLORIDA
LICENSED SURVEYOR AND MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR
INFORMATIONAL PURPOSES ONLY AND IS NOT VAUD.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE
FOR RIGHTS-OF-WAY, EASEMENTS OF RECORD, RESERVATIONS, OWNERSHIP,
LEGAL DESCRIPTION OF PROPOSED RIGHT OF WAY PARCEL #23: ABANDONMENT, DEED RESTRICTIONS, ZONING REGULATIONS
OR SETBACK LINES, LAND
USE PLAN DESIGNATION, ADJOINING DEEDS OR MURPHY ACT DEEDS, THIS SKETCH IS
THE NORTH 50. 00 FEET OF THE SOUTH 80. 00 FEET OF THE WEST 363. 5 NOT INTENDED TO DELINEATE
WETLANDS, LOCAL AREAS OF CONCERN OR ANY OTHER
FEET OF TRACT 5, SECTION 8, TOWNSHIP 33 SOUTH, RANGE 39 EAST JURISDICTIONAL DETERMINATION .
ACCORDING TO THE LAST GENERAL PLAT TO THE LAST GENERAL PLAT
OF LANDS OF THE INDIAN RIVER FARMS .COMPANY AS RECORDED IN 3: THIS DESCRIPTION AND SKETCH CONSISTS OF (2) TWO
SHEETS, (1 ) ONE IS NOT
PLAT BOOK 2, PAGE 25, ST. LUCIE COUNTY PUBLIC RECORDS, SAID VAUD WITHOUT THE OTHER.
LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. 40. THIS EXHIBIT DOES NOT INTEND
TO REFLECT OR DETERMINE OWNERSHIP.
SUBJECT TO ALL RIGHTS OF WAYS, RESTRICTIONS, RESERVATIONS AND
EASEMENTS OF RECORD, 5. THIS IS NOT A BOUNDARY SURVEY. A FIELD SURVEY WAS
NOT PERFORMED. THIS
IS A SKETCH OF LEGAL DESCRIPTION ONLY.
CONTAINING 16,925 .00 S.F.
6. HEARINGS (IF SHOWN) ARE BASED ON THE NORTH AMERICAN DATUM OF
1983
ADJUSTMENT OF 1990 (NAD 83/90) FLORIDA STATE PLANE COORDINATES, EAST
ZONE (901 ) AS REFERENCED TO THE LINE INDICATED AS "BEARING BASIS"
AND ARE
GIVEN FOR THE PURPOSE OF DETERMINING ANGLES ONLY.
7. RIGHT OF WAY PARCEL LEGAL DESCRIPTION WAS PREPARED BY THE SURVEYOR
BASED ON 66TH AVENUE ROADWAY IMPROVEMENT DRAWINGS FOR INDIAN RIVER
COUNTY BY CARTER ASSOCIATES, INC. PROJECT NUMBER 98- 23E, COUNTY PROJECT .
NUMBER 9810-B, ENGINEERING NUMBER E- 987- 99, DATED NOVEMBER 2008.
& THE PARENT TRACT LEGAL DESCRIPTION WAS OBTAINED FROM THE INDIAN RIVER
COUNTY PROPERTY APPRAISER'S TAX ROLE WEB SITE. SEARCH OF THE PROPERTY
PARENT TRACT LEGAL DESCRIPTION (O.R, B . 2227. PAGE 071 ): APPRAISER 'S TAX ROLE WEB SITE BEGINNING
FEBRUARY ;,2010, `AN OWNERSHIP &
ENCUMBRANCE REPORT WAS NOT FURNISHED TO THIS .P.ROFESSIONAL SURVEYOR. AND
MAPPER OR FIRM. ` IT
THE WEST 363. 5 FEET OF TRACT 4, SECTION S. TOWNSHIP 33 SOUTH, '
RANGE 39 EAST LYING SOUTH OF THE MAIN RELIEF CANAL, AND THETV
tIlo
WEST 363. 5 FEET OF TRACT 5; SECTION 8, TOWNSHIP 33 SOUTH , CER11FIED TO: III
RANGE 39 EAST, LESS THE NORTH 241 . 0 FEET OF THE SOUTH 729. 05 INDIAN RIVER COUNTY i✓
'
FEET THEREOF ACCORDING TO THE LAST GENERAL PLAT TO THE LAST
GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS F ANK C . CURESIE, `'.P
S. M . SIG ATURE DATE
RECORDED IN PLAT BOOK 2, PAGE 25, ST, LUCIE COUNTY PUBLIC FLO LICENSE No. 4765 '
RECORDS, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, R ASSOCIATES, INC,
L.B. 205
FLORIDA.
It/w PARCEL #239 SHEET 1 OF R
PROJ. N(
CARTER ASSOCIATES INC • 4391 CARTER
. I CONSULTING ENGINEERS AND LAND SURVEYORS Me NO
18873—/
1708 21ST NOT A FIELD SURVEY vzlto 82ACB�A 32060-3472 772-ssz-7iso MAX SHEET
SKETCH AND DESCRIPTION
TRACT 5
SECTION B. T. 33 S., RGE. 39 E.
INDIAN RIVER FARMS COMPANY SUBDIVISION
P .B. 2, PG. 25, S.L.CO: ,FL.
25, 25' (NOW I .R. CO. ,FL,)
0
33- 39-08-00001 - 0040-00004.0
FnsT UNC of THE WEST
o NICOLE GRICE WEST 363.5' OF TRACT 4
50' LR. F: C.S.
1300 66TH AVENUE, VERO BEACH, FL 32966
P.B. 2-PG. 25 (OFFICIAL RECORDS BOOK 2227 , PAGE 071 , I .R.CO., FL.)
Iz WEST 363. 5'
W 3 8 5't
0 W PRQROSED NORT1 hR 0 r k Y
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. � ^ x ( 9 ✓ k Y _ .. 1 P } ✓ �' hr k i-- y Y i 7r ' 1 '
N EXISTING NORTH
12TH STREET / ROSEDALE ROAD N N
7 S SOUTH R.O.W. Y4 SECTION UNE. AND TRACT LINE S$9'52119"E !i CL
NORTH R.O.W. I
I (BEARING BASIS M
COMMON SECTION
AND TRACTT CORNER � SUB -LATERAL "B - 2" o
CANAL ' a vi
pp '
SOUTH R.O.W. I.R..F.W.C. M 30' R.O:W.
0
LEGOD&
P. O.B. = POINT OF BEGINNING
P. O. C. = POINT OF COMMENCEMENT
R/W, R.O. W, = RIGHT— OF— WAY
I . R. F. W.C. D. INDIAN RIVER FARMS
WATER CONTROL DISTRICT
I . R. F. C.S. = INDIAN RIVER FARMS NOT A FIELD SURVEY
COMPANY SUBDIVISION
S.L. CO. ,FL. _ ST. LUCIE COUNTY, SCALE: 1 "=60' RIW PARCEL #23, SHEET 2 OF 2
FLORIDAO
PRod NC
AND PAGE OFFICIAL RECORDS BOOK CARTER ASSOCIATES INC . osa°3EI
I ;R. CO. ,FL. = INDIAN RIVER COUNTY, CONSULTING ENGINEERS AND LAND SURVEYORS °'"�` "o'
FLORIDA 16673-A
P. B. & PG: _ PLAT BOOK AND PAGE 1708 21ST STREET 772-$62-4191 IfTEL)
SHEET
VERO SEACII, FLORIDA 32060.3472 772-502- 7180 {FAX) 2 OF 2
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EXHIBIT " C "
ADDENDUM TO AGREEMENT TO PURCHASE AND SELL REAL ESTATE
This Addendum to Purchase and Sell Real Estate (Addendum) sets forth additional
terms of the Agreement to Purchase and Sell Real Estate between Ms . Grice West and the
County.
1 . The driveway currently located on 66th Avenue at station 76 of the construction plans is
to remain and the County will install a curb cut along the current driveway over
the
canal . Ms . Grice West will not use this drive as the main entrance but for deliveries
only . In accordance with paragraph 2 . 1 of the Purchase and Sale Agreement, the
County will pay the sum of $ 15 , 000 to Ms . Grice West and she or her contractor , will
construct a new driveway complete with swing gates with a wide turning radius will be
built on the south side of Atlantic Boulevard . The purpose of the new driveway is to
provide a safe entrance and exit for long horse trailers to enter Ms . Grice West's
property. The new driveway will be recessed approximately 70 into Ms . Grice West' s
property . Ms Grice West or her contractor will fill , grade , and build the driveway out of
stabilized material , construct a fence in the area of the driveway and along the northern
seuthermn border of the Grice West property.
2 . A statement included in the deed from Grice West to the County and a letter from the
County Community Development Director or the Planning Director stating that the
extracted right-of-way will not affect the creation of a one single family home site on the
southern parcel and one single family home site on the northern parcel of the
entire10 . 61 acre parcel of property .
3 . Re-establish and replace the corner survey monuments after right-of-way is extracted to
before specifications .
4 . The County or its Contractor will build a driveway apron on 12th Street accessing the
Grice-West property with a 24 foot wide driveway complete with two 12 foot wide swing
gates , recessed approximately 70 ' onto the Grice West property as shown in the road
plans . The location is to be approved by the Public Works Director at a safe distance
from the intersection of 66th Avenue and 12th Street . The location may be field adjusted
by Ms . Grice West .
5 . When construction of 12th Street begins , Ms . Grice West will be notified by the County
and will keep the horses out of the south pasture long enough for the current fence and
gate to be taken down and a temporary fence installed at a temporary location north of
the tree line along 12th Street. A 30' temporary easement running parallel with the
proposed right of way line along 12th Street shall be executed by Ms . Grice West to
allow for County or its contractor to remove 9 large oak trees , build a one foot high
earthen berm and build a new fence centered on the earthen berm . A temporary
construction easement will also be executed by Ms . Grice West along 12th Street for the
County' s contractor AtlantiG 1391011AWMard. to build the new driveway as shown on road
plans .
6 . After construction of the road project and final grading has been completed , newly
graded property of Grice-West will be seeded with Pensacola Bahia and (winter) Rye or
(summer) Teff.
7 . Nine (9) Live Oak Trees will be removed in conjunction with the road construction
project . The trees will be identified for the clearing crew to remove .
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2226182
THIS DOCUMENT HAS BEEN
This instrument was prepared incident to RECORDED IN THE PUBLIC RECORDS
the issuance of a title insurance contract, OF INDIAN RIVER COUNTY FLBK : 2692 PG : 2443 , Pagel of 4
and is to be returned to : 0007/206/2012 at 10 : 32 AM , D DOCTAX PD
Jason A. Beal JEFFREY R SMITH, CLERK OF COURT
Atlantic Coastal Land Title Company, LLC
3850 20th Street, Suite 4
Vero Beach, Florida 32960
ACLT File Number: 42079235
Parcel ID Number : 33=39-08-00001 -0040-00004 . 0
GENERAL WARRANTY DEED
This deed, made as of this 20th day of July, 2012 , by Nicole Grice West (as Grantor) ; and Indian
River County, a political subdivision of the State of Florida_, whose post office address is : 1801
27th St, Vero Beach, FL (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 50 feet of the South 80.00 feet of the West 363 .5 feet of Tract 4,
Section 8, Township 33 South, Range 39 East, lying South of the Main Relief
Canal, and the West 363 .5 feet of Tract 5, Section 8, Township 33 South, Range
39 East, LESS the North 241 . 0 feet of the South 729 .05 feet thereof according
to the last general plat of lands of the INDIAN RIVER FARMS COMPANY, as
recorded in Plat Book 2, at Page 25, St. Lucie County Public Records ; said land
now lying and being in Indian River County, Florida.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining,
TO HAVE AND TO HOLD the same in fee simple forever.
AND Grantor hereby covenants with Grantee that grantor is lawfully seized of said land in fee simple ; that Grantor has
good right and lawful authority to sell and convey said land; that Grantor hereby fully warrants the title to said land and
will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances,
except taxes for the year in which this deed is given; and restrictions, reservations, limitations, covenants, conditions and
easements of record, if any; insofar as same are valid and enforceable (however, this clause shall not be construed to ,
reimpose same).
ATLANTIC COASTAL LAND TITLE COMPANY, LLC
A Full Service, Florida Title Insurance Agency
The grantor herein warrants and avers that grantor does not reside on the lands , conveyed
hereby, nor on contiguous land ; nor does any member of grantor' s family dependent upon
grantor for support.
Pursuant to Rule 12114.013 (4), F.A.C, this Deed is given to a governmental entity under threat
of condemnation, or as a part of an out-of--court settlement of condemnation proceedings, and
is not subject to tax.
IN WITNESS WHEREOF, said Grantor has signed and sealed these presents the day and year first above written.
Signed, sealed and delivered in the presence of
AA 0 t Lp
Nicole Grice West
1415 31st Ave
Vero Beach, FL 32960
State of Florida
County of Indian River
The foregoing instrument was acknowledged before me the date hereinafter given, by Nicole Grice
West 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 '20th day of July, 2012 .
Notary Public
Type of identification provided (Check One) :
[ J Driver's License
[ ] Passport ...+....
[ J Government (State or Federal) ID Card �� tJASONkBM
:►; r MY COMMISSION # DD 823327
[ ] Resident Alien ID Card V: r EXPIRES: October 11 , 2012
[ l Other ' ,a,' , Bonded ThruNo" PublicUndenvdters
ATLANTIC COASTAL LAND TITLE COMPANY, LLC
A Full Service, Florida Title Insurance Agency
In SKETCH AND DESCRIPTION
SURVEYORS NOTES:
1 . UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
FLORIDA
LICENSED SURVEYOR AND MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR
INFORMATIONAL PURPOSES ONLY AND IS NOT VAUD.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE
FOR RIGHTS-OF-WAY, EASEMENTS OF RECORD, RESERVATIONS, OWNERSHIP,
LEGAL DESCRIPTION OF PROPOSED RIGHT OF WAY PARCEL X23: ABANDONMENT, DEED RESTRICTIONS, ZONING REGULATIONS
OR SETBACK LINES, LAND
USE PLAN DESIGNATION. ADJOINING DEEDS OR MURPHY ACT DEEDS. THIS SKETCH IS
THE NORTH 50.00 FEET OF THE SOUTH 80.00 FEET OF THE WEST 363:5 NOT INTENDED TO DELINEATE WETLANDS,
LOCAL AREAS OF CONCERN OR ANY OTHER
FEET OF TRACT 5, SECTION 8, TOWNSHIP 33 SOUTH, RANGE 39 EAST JURISDICTIONAL DETERMINATION ,
ACCORDING TO THE LAST GENERAL PLAT TO THE LAST GENERAL PLAT -
OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN THIS DESCRIPTION AND SKETCH CONSISTS . OF
(2) TWO SHEETS, (i ) ONE IS NOT
.
PLAT BOOK 2. PAGE 25, ST. LUCIE COUNTY PUBLIC RECORDS, SAID VAUD WITHOUT THE OTHER.
LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY., FLORIDA. 46 THIS EXHIBIT DOES NOT INTEND
TO REFLECT OR DETERMINE OWNERSHIP.
SUBJECT TO ALL RIGHTS OF WAYS, RESTRICTIONS.. RESERVATIONS AND
EASEMENTS OF RECORD, 5. THIS. IS NOT A BOUNDARY SURVEY A FIELD SURVEY WAS
NOT PERFORMED. THIS
IS A SKETCH OF LEGAL DESCRIPTION ONLY.
CONTAINING 16,925.00 S.F. 6. BEARINGS (IF SHOWN) ARE BASED ON THE NORTH .AMERICAN
DATUM OF 1983
ADJUSTMENT OF 1990 (NAD 83/90) FLORIDA STATE PLANE COORDINATES, EAST
ZONE (901 ) AS REFERENCED TO THE UNE INDICATED AS "BEARING .BASIS" AND
ARE
GIVEN FOR THE PURPOSE OF DETERMINING ANGLES ONLY.
7. RIGHT OF WAY PARCEL LEGAL DESCRIPTION WAS PREPARED BY THE SURVEYOR
BASED ON 66TH AVENUE ROADWAY IMPROVEMENT DRAWINGS FOR INDIAN RIVER
COUNTY BY CARTER ASSOCIATES. INC. PROJECT NUMBER 98-23E, COUNTY PROJECT
NUMBER 9810-8; .ENGINEERING NUMBER E-987-99, DATED NOVEMBER 2008.
8. THE PARENT TRACT LEGAL DESCRIPTION WAS OBTAINED FROM THE INDIAN RIVER
COUNTY PROPERTY APPRAISER'S TAX ROLE WEB SITE: SEARCH OF THE PROPERTY
PARENT TRACT LEGAL DESCRIPTION (O.R . B. 2227. PAGE 071 ): APPRAISER'S TAX ROLE WEB SITE BEGINNING FEBRUARY
.20TO.- AN OWNERSHIP' &
ENCUMBRANCE REPORT WAS NOT FURNISHED TO THIS PNOFESSIONAL SURVEYOR AND
THE WEST 363. 5 FEET OF TRACT 4. SECTION 8 TOWNSHIP 33 SOUTH, MAPPER OR FIRM,
RANGE 39 EAST LYING SOUTH OF ! THE MAIN RELIEF CANAL, AND THE
WEST 363.5 FEET OF TRACT 5. : SECTION 8. TOWNSHIP 33 SOUTH, CERTIFIED TO:
RANGE 39 EAST, LESS THE NORTH : 241.. 0 FEET OF THE SOUTH . 729,05 INDIAN RIVER COUNTY
FEET THEREOF ACCORDING TO T-HE : LAST GENERAL PLAT TO THE LAST .V
GENERAL PLAT OF LANDS OF THE : INDIAN RIVER FARMS COMPANY _ ASANK _ C URESE, - P:SAO SIG ATURE
DATE
RECORDED IN PLAT BOOK 2, PAGE. 25, ST, LUCIE COUNTY PUBLIC FLORPA No. 4765
RE ORDS, . SAID LAND NOW LYING .AND BEING IN INDIAN RIVER COUNTY; R ASSOCIATES,
INC, L.B. 205
FLORIDA.
RIW PARCEL #23, SHEET i OF :l;
PROJ. w
_ CARTER _ASSOCIATES INC.
CONSULTING ENGMEERS AND LAND 5URVEI'ORS °N N°
16873-i
2706 ZIST STRw 772-582-4191 (TEL) MILT
NOT A FIELD ..SURVEY VERO BEACH, FLORMA 32,;'60-3472 772-562-718QfFAg 1 OF 2
SKETCH AND DESCRIPTION
TRACT 5
SECTION 8, '033 S_, RGE. 39 E.
INDIAN RIVER FARMS COMPANY SUBDIVISION
P.B_ 2, PG. 25, S.LCO.,FL
25' (NOW I.R.CO.,FL)
25' o
CE 33-39-08-00001-0040-00004.0 EAST UNE OF THE WEST
3
p NICOLE GRICE WEST 363.5' OF TRACT4
zdw
50' LRcF,C.S. 1300 66TH AVENUE, VERO BEACH, FL 32966
z P.B.2—PQ25 (OFFICIAL RECORDS BOOK 2227 , PAGE 071 , I_R.CO., FL)
S.L.CO.,FL
� � I WEST 363.5'
338.5 t
a i PROPOSED- NORik! Rt0{
IF IF
IF
W IF . .: .
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z 12TH STREET /ROSEDALE ROAD yNJ
v J
7 8 SOUTHR.O_W. Ya SECTION LINE AND TRACT LINE S8T52' 19.'E LL:
NORTH. MOM* BEARING BASIS COM
ANDMON 74 TRACT oRr°ERN � SUB - LATERAL "B- 2 " CANAL oaN
SOUTH ILO•W, I;R:F W.C.D_ 30' R:O.Ww
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LEGEND:
P.O.B, POINT OF BEGINNING
P.O,C: _. POINT OF COMMENCEMENT
R/W, R.O. W. = RIGHT—OF—WAY
LR.F.W.C.O. = INDIAN RIVER FARMS
WATER CONTROL DISTRICT
I:R:F :S, INDIAN RIVER FARMS NOT A FIELD :SURVEY
COMPANY SUBDIVISION
S.L Go..Fl.. s ST LUctE COUNTY, SCALE .R/W` PARCEL #23, 9S=ff 2 OF 2
FLORIDA
O,R�B„ PG. OFFICIAL RECORDS BOOK
AND, PAGE I CARTER ASSOCIATES , INC .
I:R.CO.,FL = INDIAN RIVER COUNTY, CONSULTINGENGINEERS AND LAND SURVEYORS DWG; Ivo.
FLORIDA 18873=A
P_B & PG. PLAT BOOK AND PAGE 1708. 21St' STEM 772^58,2-4191 (TIM) �E�
VSSO C$, t?WR DA 32960-3472 772 592= iso FAX 2 OF z
OCT 0 2 2012,
OWNER ' S POLICY OF TITLE INSURPA% T ' ATTORWL� y, s
(with Florida Modifications ) OFFICE
* Policy Number OXFL =08111322 File Number: 42079235
* * * * 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: 772.5694364
400 Second Avenue South, Minneapolis, Minnesota 55401
(612) 3714111
�Fa
BY President
Authorized Officer or Licensed Agent
ORT Form 4309 FIL Secreta
ALTA Owners Policy of Title Insurance 6-17.06 (with Florida Modifications) Attest � � rY
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement
action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in
that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land , is recorded in the
Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a ) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all
or any part of
the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior
transfer
constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors ' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,
state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records
( i ) to be timely, or
( ii ) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created
or attached or has
been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of
transfer in the
Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy,
but only to the
extent provided in the Conditions .
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of (b) not Known to the Company, not recorded in the Public
this policy, and the Company will not pay loss or damage, costs , Records at Date of Policy, but Known to the Insured Claimant
attorneys ' fees, or expenses that arise by reason of: and not disclosed in writing to the Company by the Insured
Claimant prior to the date the Insured Claimant became an
1 . (a) Any law, ordinance, permit, or governmental regulation Insured under this policy;
( including those relating to building and zoning ) restricting, (c) resulting in no loss or damage to the Insured Claimant;
regulating, prohibiting, or relating to (d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage that would not have been
( i ) the occupancy, use, or enjoyment of the Land; sustained if the Insured Claimant had paid value for the Title.
(ii ) the character, dimensions, or location of any
improvement erected on the Land; 4. Any claim, by reason of the operation of federal bankruptcy, state
(iii) the subdivision of land; or insolvency, or similar creditors ' rights laws, that the transaction
( iv) environmental protection; vesting the Title as shown in Schedule A, is
or the effect of any violation of these laws, (a) a fraudulent conveyance or fraudulent transfer; or
ordinances, or governmental regulations. This ( b) a preferential transfer for any reason not stated in Covered
Exclusion 1 (a ) does not modify or limit the Risk 9 of this policy.
coverage provided under Covered Risk 5 .
(b) Any governmental police power. This Exclusion 1 (b) does 5. Any lien on the Title for real estate taxes or assessments imposed
not modify or limit the coverage provided under Covered Risk 6 . by governmental authority and created or attaching between Date
of Policy and the date of recording of the deed or other instrument
2. Rights of eminent domain . This Exclusion does not modify or limit of transfer in the Public Records that vests Title as shown in
the coverage provided under Covered Risk 7 or 8. Schedule A.
3. Defects, liens, encumbrances, adverse claims, or other matters
( a) created, suffered, assumed, or agreed to by the Insured
Claimant;
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6-17.06 (with Florida Modifications)
Page 2
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 In
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;
(B) successors to an Insured by dissolution, merger, consolidation, 3 . NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
distribution, or reorganization ; The Insured shall notify the Company promptly in writing ( i) in case
( C) successors to an Insured by its conversion to another kind of of any litigation as set forth in Section 5(a) of these
Conditions, (ii)
Entity; in case Knowledge shall come to an Insured hereunder of any claim
( D ) a grantee of an Insured under a deed delivered without of title or interest that is adverse to the Title, as insured, and
that
payment of actual valuable consideration conveying the Title might cause loss or damage for which the Company may be liable
( 1 ) if the stock, shares, memberships, or other equity by virtue of this policy, or ( iii ) if the Title, as insured, is
rejected as
interests of the grantee are wholly-owned by the Unmarketable Title . If the Company is prejudiced by the failure of
named Insured, the Insured Claimant to provide prompt notice, the Company's
( 2) if the grantee wholly owns the named Insured ,
liability to the Insured Claimant under the policy shall be reduced(3) if the grantee is wholly-owned by
an affiliated to the extent of the prejudice.
Entity of the named Insured, provided the affiliated 4. PROOF OF LOSS
Entity and the named Insured are both wholly-owned In the event the Company is unable to determine the amount of
by the same person or Entity, or loss or damage, the Company may, at its option, require as a condition
(4) if the grantee is a trustee or beneficiary of a trust of payment that the Insured Claimant furnish a signed proof of loss
.
created by a written instrument established by the The proof of loss must describe the defect, lien, encumbrance, or
Insured named in Schedule A for estate planning other matter insured against by this policy that constitutes the
purposes. basis of loss or damage and shall state, to the extent possible, the
( ii) With regard to (A), ( B), ( C), and ( D ) reserving, however, all rights basis of calculating the amount of the loss or
damage,
and defenses as to any successor that the . Company would have had
against any predecessor Insured . 5. DEFENSE AND PROSECUTION OF ACTIONS
(e) " Insured Claimant": An Insured claiming loss or damage. (a) Upon written request by the Insured , and subject to the
options
(f) " Knowledge " or " Known " : Actual knowledge, not constructive contained in Section 7 of these Conditions, the Company,
at its
knowledge or notice that may be imputed to an Insured by reason of own cost and without unreasonable delay, shall provide for
the
the Public Records or any other records that impart constructive defense of an Insured in litigation in which any third party asserts
a claim covered by this policy adverse to the Insured. This obligation
notice of matters affecting the Title , is limited to only those stated causes of action alleging matters
(g) "Land": The land described in Schedule A, and affixed improvements insured against by this policy. The Company shall have
the right to
that by law constitute real property. The term " Land" does not select counsel of its choice (subject to the right of the
Insured to
include any property beyond the lines of the area described in object for reasonable cause ) to represent the Insured as to those
Schedule A, nor any right, title, interest, estate, or easement in stated causes of action. It shall not be liable for and
will not pay
abutting streets, roads, avenues, alleys, lanes , ways, or waterways, the fees of any other counsel . The Company will not pay
any fees,
but this does not modify or limit the extent that a right of access to costs, or expenses. incurred by the Insured in the defense
of those
and from the Land is insured by this policy. causes of action that allege matters not insured against by this policy.
( h) " Mortgage " : Mortgage, deed of trust, trust deed, or other security ( b) The Company shall have the right, in addition to
the options
instrument, including one evidenced by electronic means authorized contained in Section 7 of these Conditions, at its own cost, to
by law institute and prosecute any action or proceeding or to do any
( i ) "Public Records": Records established under state statutes at other act that in its opinion may be necessary or desirable
to
Date of Policy for the purpose of imparting constructive notice of establish the Title, as insured, or to prevent or reduce loss
or
matters relating to real property to purchasers for value and without damage to the Insured . The Company may take any appropriate
action under the terms of this policy, whether or not it shall be
Knowledge. With respect to Covered Risk 5(d ), " Public Records" liable to the Insured . The exercise of these rights shall
not be an
shall also include environmental protection liens filed in the records admission of liability or waiver of any provision of this
policy.
of the clerk of the United States District Court for the district where If the Company exercises its rights under this subsection,
it must
the Land is located . do so diligently.
(j) "Title " : The estate or interest described in Schedule A. (c) Whenever the Company brings an action or asserts a defense
(k) "Unmarketable Title" : Title affected by an alleged or apparent as required or permitted by this policy, the Company may pursue
matter that would permit a prospective purchaser or lessee of the the litigation to a final determination by a court of competent
Title or lender on the Title to be released from the obligation to jurisdiction, and it expressly reserves the right, in its
sole
ORT Form 4309 FI. discretion , to appeal any adverse judgment or order.
ALTA Owners Policy of Tole Insurance 6. 17-06 (woh 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 B. DETERMINATION AND EXTENT OF LIABILITY
submit to examination under oath by any authorized representative This policy is a contract of indemnity against actual monetary loss
or
of the Company and to produce for examination, inspection, and damage sustained or incurred by the Insured Claimant who has suffered
copying, at such reasonable times and places as may be designated loss or damage by reason of matters insured against by this policy,
by the authorized representative of the Company, all records , in (a ) The extent of liability of the Company for loss or damage
under
whatever medium maintained, including books, ledgers, checks, this policy shall not exceed the lesser of
memoranda, correspondence, reports, e-mails, disks, tapes, and ( i ) the Amount of Insurance; or
videos whether bearing a date before or after Date of Policy, that ( ii ) the difference between the value of the Title as insured
and the
reasonably pertain to the loss or damage. Further, if requested by value of the Title subject to the risk insured against by this
policy.
any authorized representative of the Company, the Insured Claimant ( b) If the Company pursues its rights under Section 5 of these
shall grant its permission, in writing, for any authorized representative Conditions and is unsuccessful in establishing the Title, as insured,
of the Company to examine, inspect, and copy all of these records ( i ) the Amount of Insurance shall be increased by 10 % , and
in the custody or control of a third parry 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 : ( b ) In the event of any litigation, including litigation by the Company
(a) To Pay or Tender Payment of the Amount of Insurance . or with the Company' s consent, the Company shall have no liability
To pay or tender payment of the Amount of Insurance under this for loss or damage until there has been a final determination
by a
policy together with any costs, attorneys' fees, and expenses court of competent jurisdiction, and disposition of all appeals,
incurred by the Insured Claimant that were authorized by the adverse to the Title , as insured .
Company up to the time of payment or tender of payment and that (c) The Company shall not be liable for loss or damage to the
the Company is obligated to pay. Insured for liability voluntarily assumed by the Insured in settling
Upon the exercise by the Company of this option , all liability and any claim or suit without the prior written consent of the
Company.
obligations of the Company to the Insured under this policy, other
than to make the payment required in this subsection, shall terminate, 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
including any liability or obligation to defend, prosecute, or contin- OF LIABILITY
ue any litigation. All payments under this policy, except payments made for costs ,
( b) To Pay or Otherwise Settle With Parties Other Than the Insured attorneys ' fees , and expenses, shall reduce the Amount of Insurance
or With the Insured Claimant. by the amount of the payment.
( i) to pay or otherwise settle with other parties for or in the
name of an Insured Claimant any claim insured against under this
ORT Form 4308 FL
ALTA Owners Policy of We Insurance 64M(i (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 (a ) 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
When liability and the extent of loss or damage have been definitely negligence shall be restricted to this policy,
(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
(a) Whenever the Company shall have settled and paid a claim
part of this policy and is subject to all of its terms and provisions.
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. LAW; FORUM
If a payment on account of a claim does not fully cover the loss of 17 . CHOICE( a ) Choice OF F Law: The Insured acknowledges the Company
has
. the Insured Claimant, the Company shall defer the exercise of its underwritten the risks covered by this policy and determined the
right to recover until after the Insured Claimant shall have recovered premium charged therefor in reliance upon the law affecting interests
its loss . in real property and applicable to the interpretation, rights, remedies,
( b) The Company's right of subrogation includes the rights of the or enforcement of policies of title insurance of the jurisdiction
Insured to indemnities, guaranties, other policies of insurance, or where the Land is located .
bonds, notwithstanding any terms or conditions contained in those Therefore, the court or an arbitrator shall apply the law of the
instruments that address subrogation rights. jurisdiction where the Land is located to determine the validity of
claims against the Title that are adverse to the Insured and to
14. ARBITRATION interpret and enforce the terms of this policy. In neither case shall
Unless prohibited by applicable law, arbitration pursuant tothe Title the court or arbitrator apply its conflicts of law principles to deter-
Insurance Arbitration Rules of the American Arbitration Association mine the applicable law.
may be demanded if agreed to by both the Company and the Insured at ( b) Choice of Forum : Any litigation or other proceeding brought
by
the time of a controversy or claim . Arbitrable matters may include, but the Insured against the Company must be filed only in a state
or
are not limited to, any controversy or claim between the Company and federal court within the United States of America or its territories
the Insured arising out of or relating to this policy, and service of the having appropriate jurisdiction.
Company in connection with its issuance or the breach of a policy
provision or other obligation . Arbitration pursuant to this policy and 16. NOTICES, WHERE SENT
under the Rules in effect on the date the demand for arbitration is Any notice of claim and any other notice or statement in writing
made or, at the option of the Insured, the Rules in effect at Date of required to be given to the Company under this policy must
be given to
Policy shall be binding upon the parties. The award may include the Company at 400 Second Avenue South , Minneapolis ,
attorneys' fees only if the laws of the state in which the Land is Minnesota 55401 -2499, Phone: 612=371 -1111 .
located permit a court to award attorneys' fees to a prevailing party.
Judgment upon the award rendered by the Arbitrator(s) may be
entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules .
A copy of the Rules may be obtained from the Company upon request .
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance &17-06 (with Florida Modifications)
Page 5
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 : 42079235
Policy No : OXFL=08111322
Effective Date : July 25, 2012 at 10 : 32 AM
Amount of
Insurance . $ 21 ,494. 75
Address . 12' St. East of 66`h Ave (Nicole Grice West)
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 50 feet of the South 80. 00 feet of the West 363 .5 feet of Tract 4,
Section 8, Township 33 South , Range 39 East, lying South of the Main Relief
Canal, and the West 363.5 feet of Tract 5, Section 8, Township 33 South, Range
39 East, LESS the North 241 .0 feet of the South 729.05 feet thereof according
to the last general plat of lands of the INDIAN RIVER FARMS COMPANY, as
recorded in Plat Book 2, at Page 25, St. Lucie County Public Records ; said land
now lying and being in Indian River County, Florida.
Pol I - Policy Insert Page 1
h
Countersigned :
Authori gnatory
ATLANTIC COASTAL LAND TITLE COMPANY, LLC
3850 20`h Street, Suite 4, Vero Beach, Florida 32960
Telephone : 772-569-4364
Pol l - Policy Insert Page 2
f
Agent's File No : 42079235
Policy No : OXFL-08111322
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 :
L (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 I - Policy Insert Page 3
�.i
insured hereby under any provision of the Florida Statutes including Section 159. 17 ; and/or any county, municipal, or
special taxing district assessment, including those levied under the provisions of Chapter 190, Florida Statutes ,
Note 2 : All references herein to recorded instruments, refer to recordations contained within the Public Records of the
county in which the land is located. Reference to instruments among the Public Records refer to the first recorded page
of the instrument, but include by reference all pages recorded under the Clerk's File Number assigned to the instrument
referred to .
Pol I = Policy Insert Page 4
= A . Settlement Statement
Prepared by.
Atlantic Coutal L: nd Title Company, LLC
3$50 20th Strect, Suite 4. Vero Beach, Morida 32460
D. Type of Loan
I . 0 FHA 2. 13 Fmk[A 3, ❑ Comv. Unins= iL I " MOM I. tM t4uMd CMwPW lra n�! Cow NA
4. ❑ VA 5. ❑ Coay. Ins, 424'1+ 9W
C. Note; This form is furnished to give you a statement of orratal soidement rosrs. Amounts paid to and by the settlement agent circ
spaw& items marW '(p,o.r. )* were paid awside the closing; they are shows herr, for informfianat purposes and are we inctsided in
she r,xrals.
Indian River County, a
ty political stlbdlviston of the 5wtt at Florida
150127th St
Vero Omit, FL
c_nnes:.wu �nxsr civ,.".,. Nitrate Grice 'West
14153ist Ave
Vera 0each4 FL 32960
, „�: �fi #" maUT11fJ
ltlgWof-wuy located along the north side of 13th Street cast of 661h Avcnuc. Vero Beach. FL
Atlantic Coastal Land Title Com an LLC
,� rs,r�arr� ncoax; <-�'." .,.•,•-»„-,-.•__._-- _ _ - --'�-i u.7 nr`.w�annse: ._,_...d,,...
P Yx
ruu:n n:ms,.m: 31130 20th Street, Suite 4, Vero Beach, Florida 32960 July 20th. 2012
J .., _ 5 ' 1.1>• ,4ItY' , .1}UI 7 NS ..SIU _. . . :: n'-SU . 5 1F StrLLER S TRItNS+ K:'l' ON �
101 . Contract Seeks Price $ 21 ,494,75 401 . Contract Sates Price S 21 .494.75
102. Ouk Tree Removal Costa S 25"000.01 402, Ouk Tax Removal Costs S 28,00000
11 All
_ -
M. Sc4dernent charges to BUYER: S 573.33 403. _
104. DritmwaxConstrutxioa Casts S 15:000 tl 404, Urivew!e cbnsuvc6oa Costa S 15.000000
401
Ao1us CAdh s' rtllt l7l ulS : IA PA t ,IN �tIx� +►hl ,- : , ALM:�nmita !QR.Mbq PAID er cr=.R*ADVANCts � . .
M. County. Taxes Clusitl Attie to I2131 $ 0AQ 407. Ccwn!y Taxes Cl._.,._ing_Date to 12131 S OM
10_5. Assessments to 408- Awssments w
6!19. 404.
110_ 410.
111 . 411 .
112x 1411
120, GROSS DUE FM A11YEtt1 $ 4068A 420. GROSS DUE TO SELLER: $ 64,494.75
201 . it or eamest m22g 301 . Excess deposit sac instructions)
202. Principal amt of new loan S -0000 502. Settlement Charges to setter S
203. Existing loons taken satbjcet to 503. Existing Wns taken subject to
204. 504. Pa f[ of firxttoori t loan
205. 505. Pu of wcond mgggMc loan
246. S06.
207. 307.
208. 508.
2!14. 509.
tUlLtS7lviENT1iR.IltL1St3il? d1371Xr� � ', a . . 4ME1�1S. 3Rt1EIS4TPtPAI[3BYSts� Ct3R ,.. , . 4f:
211 . County Taxes lit - Closing Out S 0.0 511 . County taxes VI - Closing Date S 0.00
2t2. Assessments to 512. Asstsstntnts to
owl 13, 513.
2t4. 514. _
215. � 515.
216. 51G.
217. 317.
218. SM
219. 519. _
220, TOTAL PAID BY/FOR BUY] R1 & 0A0 520, TOM, RkDUCTIONS IN $ 000
AMOUNT DUE TO SELLER&
301 . Gross am due from BUYER W S "$A 601 . Gross amt due to seller a 6414!!4 ?5
302, Lmss amt paid byNw BUYER S 0.00 602. Less reductions in amu due seller $ 0.110
301 CASH FROM BUYER: $ 65,063.08 601. CASH TO SELLER, $ 619494;75
HUD-I (346) RESPA, HB 4305.2
7
7 6?t
y L, SETMEMENT CHARGES
700. TOTAL SALES/BROKER'S COMMISSIONS S, BASED ON PRICE OF 521,4'34.75, PAID FROM PAID FROM
0 % = 5 BUYERS SELLERS
FUNDS AT FUNDS AT
701 5 to SETTLEMENT SETMEMENT
702. $ to -
703. Coanmfssion paid at settkmcni
801 . Loan Ori ]nation fee % to
802. Loan Discount % to
8113. _Appraisui Fee to
$O4, Credit Report to:
905. Lentler"3lns tiov f" to
806. Mort awe Insurartce applicalion foe to .,
807. Assumption Pee w;
806,
_. _
SK _ _
JIM
811 .
am KIN Ila A111310MIXYMN
_901 Interest from to S /day _
941 Mortpgc insurance premium for mas to
903. Huard insurance premium for yrs to i
944. Flood insurance premium for yrs to
1001 , Hazard insurance months @ S pamont
IWL MoUM insurance months 0 5 per month
1004. County Property taxes months 0 S Pci month
101X Flood insurance months 0 $ per month
1007. Aggregate Adjustment Amount
MUM
1101= Settlement or closing fee to Atlantic Coastal Lund Title Company LLC is 250AD S 0.00
1102. Abstract or title search to Atlantic Coastal Land Title Correpany. LLC S L2100 S 0;00
I 101 Title Examination to Ali:antie Cnnstal Land Title C �LLC _- - S 0A0
1104, Title insurance binder to
1105. Dacunsent preparation w
1106, Notaty tees u)
1107. Atiome res fees to
1109, Title instimice w Atlantic Coastal Land Title Company, LLC T $ 123,63 8 125.163 $
1109. Lender`s co!w e 5
1110. Ownee's eovera$c S 21MV5
I I I I, Florida Co 've Endorsement (Foma 9)
1112 ALTA Pawimamental Protec6cm Lien Endorsement Farm 8. 1
1113
1114.
1200. ( ILMCFS ,
1115,
1201v Recording tees. Deed S 36.20
1203. State t�tlstarn , Deod $ MTtgpgs0M R S
1200 Intangible taxi on Mortgage
1205. Nan-ID Afiidaait w l ntsS 1654
1206.
1301. Snrvi
131M Pestinspection to
$1301 Express ddiv Pees to Atlantic Coastal Latnd rifle Comm . LLC
1304_ Digital Archive/File Scanning Re w Forcnsis � S 20.00
1305.
1307. - ....._......__ . .. - .._._. ..... .- .__.._... _ _ ._ .. ......_.._ _ ............._._... -----. .....
1395,
1M
131 ow
1312
1400. TOTAL SETTLEAJENT CHARGES tom« on lint tar. stctiotn i • tad • urn sem, sew, tt1 $ 573M $ 0.00
I -
haft erefully review ed the l NDw1 Seukram Statement and w dse btmt of aty ltaowrleop wo bei ll it it a UW and aecaram a
of all receipts and disburse nears nsadc on my aacouat or by tree in this inumcdan. t farther to nify dant I bane received a capy of Eit1 IW I
SaQemast State;snent,
Ws:
Grim WtsI
BUYER:
Indian River County, a ptrBt3enl subdi W of the State of Florida
By.
Witnarn & DeBmW
its D epaq Ci ty Atturoq
Scare coats heraao may be based on gated faith adinatw Wet s"aita post-etas4 adjunamt. Any radadoma in squat swsls
from ffiose reflected hereon that result in oreuchwpiu or undm huge s not in cum of$25.00 w any Party shall be cmdited to of
dedritcd ageiutst etoaing fems charged by .Atlantic tit "stat Lauri TWc Company. LL+C, It is toether understoad. atd On ptr&A beteto
aV=v that sial fhod$ reedVed by Atl=& Coastal L.en d Titles Company, LLC may be pincaed in cwmw accounts that my be stdsjt a to
Oycrnagbt � Agreements batt$= Atlantic Ceaestai and its dcpasitory bank, Intercat tamed as the resat$ of a o peeat eaLk
if nay, is ttse pmpertyof Att"c Laadfink Company. t.tC.
The *KM4 Sedua ut wY l hrm is a arae and accurate aecratrttt of this tee�cti= t have caused cr w M caeca
the funds to be disbursed is with [leis staemnent
�1ti t tts'Ztuttt I ' au ' ' 1 y�Dyf LLC (Settlement Agent)
t)a Jetty 20042012
WAttiwlMa Atia a tris tt to kuowi4y make fda suaccats to Ahe united Stmsa an this at any odw fwWar form, Pxtaatdes Woni
convictlan can lnetuda a Ree or faupAscanseat. FadeWlt see; 7ide 18 UM I Code Sation 1001 and Section 1010.
I
i -
Part of Parcel # 33-3M&00001 =004040004 . 0
Purchased by Indian River County from Nicole Grice West
Public Purpose: 12th Street and 66th Avenue right-of-way
RESOLUTION NO , 2012 - 100
A RESOLUTION OF INDIAN RIVER
COUNTY, FLORIDA, CANCELLING
CERTAIN TAXES UPON PUBLICLY OWNED
LANDS , PURSUANT TO SECTION 196 . 28 ,
FLORIDA STATUTES .
WHEREAS , section 196 . 28 , Florida Statutes , allows the Board of
County Commissioners of each County to cancel and discharge any and all liens
for taxes , delinquent or current, held or owned by the county or the state , upon
lands heretofore or hereafter conveyed to . or acquired by any agency ,
governmental subdivision , or municipality of the state , or the United States , for
road purposes , defense purposes , recreation , reforestation , or other public use ;
and
WHEREAS , such cancellation must be by resolution of the Board of
County Commissioners , duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are or
will be devoted ; and
WHEREAS , upon receipt of a certified copy of such resolution , proper
officials of the county and of the state are authorized , empowered , and directed
1
RESOLUTION NO . 2012m loo
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 Nicole Grice West for 12th Street and 66th
Avenue right-of-way , are hereby cancelled pursuant to the authority of section
196 . 28 , F . S .
See attached General Warranty Deed recorded in
Book 2592 , Pages 2443 =2446 , 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 Fiescher ,
and the motion was seconded by Commissioner Davis and , upon
being put to a vote , the vote was as follows :
2
r
RESOLUTION NO , 2012 - loo
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
Gary C . r heeler, Chairman
ATTEST: Jeffrey
R Court math , Clerk
of
Comptroller
By:
1 putt' Clerk • °�'
9
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N IIN NIIN9 4114H�1
Tax Certificates Outstanding _
Yes No
Current Prorated Tax Received and
Deposited With Tax Collector $
APPROVED AS TO F
AND L GAL SU IC (. N
WILLIAM K. DE
BRAAL
D E 'UTY COUNTY ATTORNEY
3
2226182 RECORDED IN THE RECORDS OF JEFFREY R SMITH , CLERK CIRCUIT COURT -INDIAN
RIVER CO FL , BK : 2592 PG : 2443 , 07 / 25 / 2012 10 : 32 AM DOC STAMPS D $ 0 . 70
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This instrument was prepared incident to
the issuance of a title Insurance contract,
and is to be returned to:
Jason A. Beal
Atlantic Coastal Land Title Company, LLC !
3850 20th Street, Suite 4
Vero Beach, Florida 32960
ACLT File Number: 42079235
Parcel ID Number: 33-394840001 =004040004.0
C.
1
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GENERAL WARRANTY DEED
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k
This deed, made as of this 20th day of July, 2012, by Nicole Grice West (as Grantor) , and Indian i
River County, a political subdivision of the State of Florida, whose post office address is : 1801
27th St, Vero Beach, FL (as Grantee); i
(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 ofiland, to wit:
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The North 50 feet of the South 80.00 feet of the West 363.5 feet of Tract 4,
Section 8, Township 33 South, Range 39 East, lying South of the Main Relief
Canal, and the West 363.5 feet of Tract 5, Section 8, Township 33 South, Range
39 East, LESS the North 241 . 0 feet of the South 729.05 feet thereof according i
to the last general plat of lands of the INDIAN RIVER FARMS COMPANY, as
recorded in Plat Book 2, at Page 25, St. Lucie County Public Records ; said land
now lying and being in Indian River County, Florida,
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TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. E
TO HAVE AND TO HOLD the same in fee simple forever.
AND Grantor hereby covenants with Grantee that grantor is lawfully seized of said land in fee simple; that Grantor has
good right and lawful authority to sell and convey said land; that Grantor hereby fully warrants the title to said land and
will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances,
except taxes for the year in which this deed is given; and restrictions, reservations, limitations, covenants, conditions and
easements of record, if any; insofar as same are valid and enforceable (however, this clause shall not be construed to
reimpose same).
ATLANTIC COASTAL LAND TITLE COMPANY, LLC
A Full Service, Florida Title Insurance Agency
BK : 2592 PG : 2444
r r
The grantor herein warrants and avers that grantor does not reside on the lands conveyed
hereby, nor on contiguous land ; nor does any member of grantor's family dependent upon
grantor for support.
Pursuant to Rule 12114.013(4), F.A.C, this Deed is given to a governmental entity under threat
of condemnation, or as a part of an out-of--court settlement of condemnation proceedings, and
is not subject to tax,
IN WITNESS WHEREOF, said Grantor has signed and sealed these presents the day and year first above written.
Signed, sealed and delivered in the presence of t(
IAI^
Nicole' G�rice West
1415 31st Ave
Q Vero Beach, FL 32960
Cl IT 3 c 16 erZ
State of Florida
County of Indian River
The foregoing instrument was acknowledged before me the date hereinafter given, by Nicole Grice
West 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 20th day of July, 2012.
Notary Public
Type of identification provided (Check One).
[ l Driver's License
[ J Passport tell
[ J Government (State or Federal) ID Card IMONA. SEAL
[ ] Resident Alien ID Card MY COMMISSION # DD a=1
EXPIRES: OmW 11, 2ot2
[ J Other % r', . : aa, W1hM NMW Pu* UndervmreA
ATLANTIC COASTAL LAND TITLE COMPANY, LLC
A Full Service, Florida Title Insurance Agency
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SKETCH� AND DESCRIPTION
SURVEYOR'S NOTES: N
A
A
1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA
U,
LICENSED SURVEYOR AND MAPPER THIS DRAWING, SKETCH. PLAT OR MAP IS FOR
INFORMATIONAL PURPOSES ONLY AND IS NOT VALID.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE
FOR RIGHTS-OF-WAY, EASEMENTS OF RECORD. RESERVATIONS, OWNERSHIP.
LEGAL DESCRIPTION OF PROPOSED RIGHT OF WAY PARCEL j= ABAND.ONMENT, DEED RESTRICTIONS, ZONING REGULATIONS OR SETBACK
LINES, LAND
USE PLAN DESIGNATION, ADJOINING DEEDS OR MURPHY ACT DEEDS. THIS' SKETCH IS
THE NORTH 50.00 FEET OF THE SOUTH 80.00 FEET OF THE WEST 363.5 NOT INTENDED TO DEUNEATE WETLANDS, LOCAL
AREAS OF CONCERN OR ANY OTHER
FEET OF TRACT 5, SECTION 86 TOWNSHIP 33 SOUTH, RANGE 39 EAST JURISDICTIONAL DETERMINATION.
ACCORDING TO THE LAST GENERAL PLAT TO 714E LAST GENERAL PLAT •
OF _ LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN 3. THIS DESCRIP7]ON AND SKETCH CONSISTS
OF (2) TWO SHEETS, (1) ONE IS NOT
PLAT BOOK 2, PAGE 25, ST. LUCIE COUNTY PUBLIC RECORDS, SAID VALID WITHOUT THE OTHER.
LAND NOW LYING AND BEING IN INDIAN RIVER. COUNTY, FLORIDA
4. THIS EXHIBIT DOES NOT INTEND TO REFLECT OR DETERMINE OWNER SHIP.
SUBJECT TO ALL RIGHTS OF WAYS, RESTRICTIONS.- RESERVATIONS AND
EASEMENTS OF RECORD, 5. THIS. IS NOT A BOUNDARY SURVEY. A FIELD SURVEY WAS NOT PERFORMED.
THIS
IS A SKETCH OF LEGAL DESCRIPTION ONLY.
CONTAINING 16,925.00 S.F.
& BEARINGS (IF SHOWN) ARE BASED ON THE NORTH AMERICAN DATUM OF 1983
' AOJUSTMEPLT OF 1990 (NAD 83/90) FLORIDA STATE PLANE COORDINATES, EAST
ZONE (901 ) AS REFERENCED TO THE LINE INDICATED AS 'BEARING BASIS" AND ARE
GIVEN FOR THE PURPOSE OF DETERMINING ANGLES ONLY.
7. RIGHT OF WAY PARCEL LEGAL DESCRIPTION WAS PREPARED By 114E SURVEYOR
BASED ON 66TH AVENUE ROADWAY IMPROVEMENT DRAWINGS FOR INDIAN RIVER
COUNTY BY CARTER ASSOCIATES, INC. PROJECT NUMBER 98-23E, COUNTY PROJECT
NUMBER 9810-B. ENGINEERING NUMBER £-987-99, DATED NOVEMBER 2008.
8. THE PARENT TRACT LEGAL DESCRIPTION WAS OBTAINED FROM THE INDIAN RIVER
COUNTY PROPERTY APPRAISER'S TAX ROLE WEB SITE. SEARCH OF THE PROPERTY
PARENT TRACT LEGAL DESCRIPTION (O.R.R_ .2227. PAGE 0711 APPRAISER'S TAX ROLE WEB SITE BEGINNING FEBRUARY 2OiQ•
;AN OWNERSHIP &
ENCUMBRANCE REPORT WAS NOT FURNISHED TO 1HIS:•PAQFESSIWAL *SURVEYOR AND
THE WEST 363.5 FEET OF TRACT 4, SECTION % TOWNSHIP . 33 SOUTH, MAPPER OR FIRM,
RANGE 39 EAST LYING SOUTH OF ITHE MAIN RELIEF CANAL. AND THE
WEST 363.5 FEET OF TRACT 5. SECTION 8, TOWNSHIP 33 SOU7H, CER71Flm TO:
RANGE 39 EAST, LESS THE NORTH ° 241 .0 FEET OF THE `SOU1H 729.05 1N01AN RIVER COUNTY �%
v
FEET THEREOF ACCORDING TO THE • LAST GENERAL PLAT TO THE LAST
GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS ANK C REX F.S:M.. 510
. ATURE DATE
RECORDED I. N. PLAT BOOK 2, PACE 25, ST. LUCIE COUNTY PUBLIC F 0RR UCENSE No. 4765
RECORDS, AILAND NOW LYING AND BEING IN INDIAN RIVER COUNTY: ASSOCIATES; INC. L.B. 205
FLORIDA
l?1W PAR= #23. SHEET 1 OF I
CARTER ASSOCIATES INC.
CONSULTING ENGINEERS AND LAND SURVEYORS 1NO
, ears-�
1708 21ST STREET 772-562-41. 91TZL sHf FT
NOT A FIELD SURVEY vimo BumFGORmA s296o-s47,2 7x2—gat 710 .f FFn� , cwz
BK : 2592 PG : 2446
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