HomeMy WebLinkAbout2016-057 ORIGINAL
AGREEMENT TO PURCHASE, SELL, AND LEASE REAL ESTATE
BETWEEN INDIAN RIVER COUNTY
AND
JANE SCHNEE
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement')
is made and entered into as of the 12 day of April, 2016, by and between Indian
River County, a political subdivision of the State of Florida ("the County"), and Jane
Schnee, who agree as follows:
WHEREAS,Jane Schnee owns property located at 2050 Barber Street, Sebastian,
Florida. A legal description of the property is attached to this agreement as Exhibit"A"and
incorporated by reference herein; and
WHEREAS,the County is purchasing the property for the public benefit of acquiring
native scrub land for conservation and for compatible passive recreation, as well as for
potential future mitigation credit for public works projects; and
WHEREAS, the County has contacted Jane Schnee and has offered to purchase
the parcel as described on Exhibit "A" (the Property), and
WHEREAS, Jane Schnee is willing to sell her property to the County for native scrub
land conservation if the County agrees to maintain and manage the habitat on Barber
Street for Florida Scrub-jays, in perpetuity.
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants and premises hereinafter, the COUNTY and SELLER agree as follows:
1. Recitals. The above recitals are affirmed as being true and correct and are
incorporated herein
2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County,
and the County hereby agrees to purchase from Seller, upon the terms and conditions set
forth in this Agreement that certain parcel of real property located at 2050 Barber Street,
Sebastian, Florida and more specifically described in the legal description attached as
Exhibit "A", fee simple, all improvements thereon, together with all easements, rights and
uses now or hereafter belonging thereto (collectively, the "Property").
2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the
property shall be$112,000 (One Hundred Twelve Thousand Dollars). The Purchase Price
shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date
upon which the County shall have approved the execution of this Agreement, either by
approval by the Indian River County Board of County Commissioners at a formal meeting
of such Board or by the County Administrator pursuant to his delegated authority.
1
ORIGINAL
3. Title. Seller shall convey marketable title to the Property by warranty deed free of
claims, liens, easements and encumbrances of record or known to Seller. The Seller shall
convey title subject to property taxes for the year of Closing and covenants, restrictions and
public utility easements of record provided there exists at Closing no violation of any of the
foregoing.
3.1 County may order an Ownership and Encumbrance Report or Title Insurance
Commitment with respect to the Property. County shall within fifteen (15) days following
the Effective Date of this Agreement deliver written notice to Seller of title defects. Title
shall be deemed acceptable to County if(a) County fails to deliver notice of defects within
the time specified, or (b) County delivers notice and Seller cures the defects within thirty
(30)days from receipt of notice from County of title defects ("Curative Period"). Seller shall
use best efforts to cure the defects within the Curative Period and if the title defects are not
cured within the Curative Period, County shall have thirty (30) days from the end of the
Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement,
whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up
to an additional 90 days; or (iii) accept title subject to existing defects and proceed to
closing.
4. Representations of the Seller.
4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the
sole owner of and has good right, title, and authority to convey and transfer the Property
which is the subject matter of this Agreement, free and clear of all liens and
encumbrances.
4.2 From and after the Effective Date of this Agreement, Seller shall take no action
which would impair or otherwise affect title to any portion of the Property, and shall record
no documents in the Public Records which would affect title to the Property, without the
prior written consent of the County.
4.3.1 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, the
Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice
delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor
any other person or party shall have any claim for specific performance, damages, or
otherwise against the County; or (ii) waive the County's default and proceed to Closing.
2
ORIGINAL
5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the
County shall, at its sole option, be entitled to: (i)terminate this Agreement by written notice
delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor
any other person or party shall have any claim for specific performance, damages or
otherwise against-the Seller; or(ii) obtain specific performance of the terms and conditions
hereof, or (iii) waive the Seller's default and proceed to Closing:
6. Closing.
6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date")
shall take place at a mutually agreeable time. The parties agree that the Closing shall be
as follows:
(a) The Seller shall execute and deliver to the County a warranty deed conveying
marketable title to the Property, free and clear of all liens and encumbrances and in the
condition required by paragraph 3.
(b) The Seller shall have removed all of its personal property and equipment from the
Property and Seller shall deliver possession of the Property to County vacant and in the
same or better condition that existed at the Effective Date hereof.
(c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails
to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances.
(d) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County
an affidavit, in a form acceptable to the County, certifying that the Seller and any interest
holders are not subject to tax under the Foreign Investment and Real Property Tax Act of
1980.
(e) The Seller and the County shall each deliver to the other such other documents or
instruments as may reasonably be required to close this transaction.
6 Taxes. All taxes and special assessments which are a lien upon the property on or
prior to the Closing Date(except current taxes which are not yet due and payable)shall be
paid by the Seller.
7. Closing Costs; Expenses. County 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
Seller pursuant to this Agreement.
7.1.2 Documentary Stamps required to be affixed to the warranty deed.
3
ORIGINAL
7.1.3 All costs and premiums for the owner's marketability title insurance commitment and
policy, if any.
7.2 Seller shall pay the following expenses at or prior to Closing:
7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the
Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or
encumbrances upon the Property.
8. Miscellaneous. The County will not be responsible in any claim or controversy arising
out of or relating to any realtor fees from previous listing agreements.
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. In the event that all or any part of the Property shall be acquired or
condemned for any public or quasi-public use or purpose, or if any acquisition or
condemnation proceedings shall be threatened or begun prior to the Closing of this
transaction, County shall have the option to either terminate this Agreement, and the
obligations of all parties hereunder shall cease, or to proceed, subject to all other terms,
covenants, conditions, representations and warranties of this Agreement, to the Closing of
the transaction contemplated hereby and receive title to the Property; receiving, however,
any and all damages, awards or other compensation arising from or attributable to such
acquisition or condemnation proceedings. County shall have the right to participate in any
such proceedings.
8.3 Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to this transaction and supersedes all prior agreements, written or
oral, between the Seller and the County relating to the subject matter hereof. Any
modification or amendment to this Agreement shall be effective only if in writing and
executed by each of the parties.
8.4 Assignment and Binding Effect. Neither County nor Seller may assign its rights and
obligations under this Agreement without the prior written consent of the other party. The
terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and
their successors and assigns.
8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by
certified mail, return receipt requested, or if sent via"overnight' courier service or facsimile
transmission, as follows:
4
ORIGINAL
If to Seller: Jane Schnee
1022 Foster Road, Apt. A
Sebastian, FL 32958
If to County: Indian River County
1801 27th Street
Vero Beach, FL. 32960
Attn: Land Acquisition/Monique Filipiak
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 may be executed in two or more counterparts, each
one of which shall constitute an original.
8.9. County Approval Required: This Agreement is subject to approval by the Indian
River County as set forth in paragraph 2.
8.10 Beneficial Interest Disclosure: In the event Seller is a partnership, limited
partnership, corporation, trust, or any form of representative capacity whatsoever for
others, Seller shall provide a fully completed, executed, and sworn beneficial interest
disclosurestatement in the form attached to this Agreement as an exhibit that complies
with all of the provisions of Florida Statutes Section 286.23 prior to approval of this
Agreement by the County. However, pursuant to Florida Statutes Section 286.23.(3) (a),
the beneficial interest in any entity registered with the Federal Securities and Exchange
Commission, or registered pursuant to Chapter 517, Florida Statutes,whose interest is for
sale to the general public, is exempt from disclosure; and where the Seller is a non-public
entity, that Seller is not required to disclose persons or entities holding less than five (5%)
percent of the beneficial interest in Seller.
5
i
ORIGINAL
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the
date first set forth above.
INDIAN RIVER COUNTY, FLORIDA
••'"�ssr'''•
BOARD OF COUNTY COMMISSIO( M ��'•F9s•z
,�1�—C�.c.�_ I" '• ate*
Bob Solari; Chairman a nee
Approved by BCC April 12, 2016 ''•��q;yRNEfi�OJ� '
ATTEST:
Jeffrey R. S erk of Cou d C ptroller
By
Deputy le
Approved:
J
seph . Baird, County Administrator
Appr ved as tolm m a L al ciency:
Lf County Attorney
6
I
ORIGINAL
EXHIBIT "A"
COMM AT THE SE COR OF SEC 20-31-39, TH N
00 DEG 33 MIN 15 SEC E ALONG THE E LINE OF SAID SEC 20 FOR
1298.48 FT TO THE N L
INE OF THE SE 1/4 OF THE SE 1/4; TH S 89
DEG 18 MIN 21 SEC WFOR 1324.74FTTOT HEWR/WLINE OFB
ARBER ST (HAVING AN 80 C
FT RNV), PBI 14-97, SAID PT BEING POB;
TH S 00 DEG 13 MIN 13 SEC E, ALONG SAID R/W LINE, A DIST O
F 264.04 FT TO PT OF C
URVATURE OF A CURVE, CONCAVE TO THE NW,
HAVING A RAD OF 200.00 FT; TH SW ALONG THE ARC,OF SAID CUR
VE, THRU A CENT ANGLE
OF 68 DEG OO MIN OO SEC, A DIST OF 237.3
7 FT; TH S 67 DEG 46 MIN 47 SEC W, A DIST 232.68 FT TO THE
PT OF CURVATURE OF A
CURVE, CONCAVE TO THE SE, HAVING A RAD O
F 3608.37 FT; TH SW ALONG THE ARC OF SAID CURVE, THRU A CE
NT ANGLE OF 02 DEG 14
MIN 43 SEC, A DIST OF 141.40 FT; TH S 65
DEG 32 MIN 04 SEC W, A DIST OF 666.04 FT TO PT OF CURVATU
RE OF A CURVE, CONCAVE
TO THE NORTH, HAVING A RADIUS OF 476.87
FT; TH W ALONG THE ARC OF SAID CURVE, THRU A CENT ANGLE O
F 23 DEG 58 MIN 55 SEC
, A DIST OF 199.60 FT; TH S 89 DEG 30 MI
N 59 SEC W, A DIST OF 70.19 FT, TO A PT ON ELINE OFOFSE
BASTIAN HIGHLANDS UNIT
17 PLAT, PBI 8-46; ALSO BEING W LINE OF
SW 1/4 OF SE 1/4 OF SAID SEC 20; THNOODEG 31 MIN 44S
EC W ALONG SAID LINE,
A DIST OF 589.98 FT TO A PT ON S LINE OF
PALM LAKE CLUB, PBI 13-47; TH S 89 DEG 40 MIN 38 SEC E AL
ONG SAID LINE, A DIST
OF 1332.37 FT; TH N 00 DEG 05 MIN 58 SEC
E, A DIST OF 330.63 FT; TH N 89 DEG 18 MIN 21 SEC E, A D
IST OF 11.11 FT TO POB
; LESS THAT DESC POR FOR RD RNV AS IN OR
BK 2557 PG 1312
Parcel ID Number: 31-39-20-00000-7000-00007.3
Commonly known as: 2050 Barber Street, Sebastian, FL
7
3120160028698
RECORDED IN THE PUBLIC RECORDS OF
This Instrument Prepared by and Return to- JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
Jason Beal BK. 2935 PG: 1697 Page 1 of 4 5/192016 11 45 AM
Atlantic Coastal Land Title Company,LLC D DOCTAX PD$784 00
855 21st Street,Suite C
Vero Beach,Florida 32960
Our File No.:46082320
Property Appraisers Parcel Identification(Folio)Number:A Portion of 31-39-20-00000-7000-00007/3
Florida Documentary Stamps in the amount of$784.00 have been paid hereon.
Space above this line for Recording Data
WARRANTY DEED
THIS WARRANTY DEED, made the L day of May, 2016 by Jane Schnee, whose post office address is 1022
Foster Road Apt A, Sebastian, FL 32958. herein called the Grantor, to Indian River County, a Political
Subdivision of the State of Florida, whose post office address is 1801 27th Street, Vero Beach, FL 32960,
hereinafter called the Grantee-
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal
representatives and assigns of individuals,and the successors and assigns of corporations)
W I T N E S S E T H: That the Grantor, for and in consideration of the sum of Ten and 00/100($10.00)and other
valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirms unto the Grantee all that certain land situate in INDIAN RIVER County, State of
Florida,viz.:
SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF
Subject to easements, restrictions and reservations of record and taxes for the year 2016 and
thereafter.
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.
The Grantee is purchasing the property for the public benefit of acquiring native scrub land for
conservation and for compatible passive recreation and the Grantee shall maintain and manage the
habitat on said Barber Street property for Florida Scrub Jays,in perpetuity.
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,the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple;
that the Grantor has good right and lawful authority to sell and convey said land,and hereby 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 accruing subsequent to December 31,2015.
File No. 46082320
LTF
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above
written.
Signed,se nd deli red in resence of:
Wt nes gnature
C,5,gii��AEOO�Vz—
ri t m (Seal)
/
�MA
ne Schnee
i
ss#2 Si a
�4
Witness#2 Printed Nate
State of Florida
County of Indian River /y
The foregoing instrument was acknowledged before me this /y day of May, 2016, by Jane Schnee, who is
personally known to me or has produced > L, as identification.
SEAL
Notary Public
Printed Notary Name
My Commission Expires:
�,tft Y'Ptt
JASON A. BEAL
Notary Public-State of Florida
My Comm. Expires Oct 11,2016
Commission#EE 836130
Bonded Through National Notary Assn.
File No. 46082320
LTF
Exhibit "A"
LEGAL DESCRIPTION
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 31 SOUTH,
RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 00 DEGREES 33
MINUTES 15 SECONDS EAST ALONG THE EAST LINE OF SAID SECTION 20, FOR A
DISTANCE OF 1298.48 FEET TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER; THENCE SOUTH 89 DEGREES 18 MINUTES 21 SECONDS WEST,
FOR 1324.74 FEET TO THE WEST RIGHT-OF-WAY LINE OF BARBER STREET (HAVING AN
80 FOOT RIGHT-OF-WAY) AS SHOWN ON THE PLAT RECORDED IN PLAT BOOK 14, PAGE
97, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID POINT BEING
THE POINT OF BEGINNING; THENCE SOUTH 0 DEGREES 13 MINUTES 13 SECONDS EAST
ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 264.04 FEET TO THE POINT OF
CURVATURE OF A CURVE,CONCAVE TO THE NORTHWEST,HAVING A RADIUS OF 200.00
FEET; THENCE SOUTHWEST ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 68 DEGREES 00 MINUTES, A DISTANCE OF 237.37 FEET; THENCE SOUTH 67
DEGREES 46 MINUTES 47 SECONDS WEST,A DISTANCE OF 232.68 FEET TO THE POINT OF
CURVATURE OF A CURVE,CONCAVE TO THE SOUTHEAST,HAVING A RADIUS OF 3608.37
FEET; THENCE SOUTHWEST ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 2 DEGREES 14 MINUTES 43 SECONDS, A DISTANCE OF 141.40 FEET; THENCE
SOUTH 65 DEGREES 32 MINUTES 04 SECONDS WEST,A DISTANCE OF 666.04 FEET TO THE
POINT OF CURVATURE OF A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF
476.87 FEET; THENCE WEST ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 23 DEGREES 58 MINUTES 55 SECONDS, A DISTANCE OF 199.60 FEET; THENCE
SOUTH 89 DEGREES 30 MINUTES 59 SECONDS WEST, A DISTANCE OF 70.19 FEET TO A
POINT ON THE EAST LINE OF THE PLAT OF SEBASTIAN HIGHLANDS, UNIT 17, AS
RECORDED IN PLAT BOOK 8, PAGE 46, ALSO BEING THE WEST LINE OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 20; THENCE
NORTH 0 DEGREES 31 MINUTES 44 SECONDS WEST ALONG SAID LINE, A DISTANCE OF
589.98 FEET TO THE POINT ON THE SOUTH LINE OF PALM LAKE CLUB,AS RECORDED IN
PLAT BOOK 13, PAGE 47; THENCE SOUTH 89 DEGREES 40 MINUTES 38 SECONDS EAST
ALONG SAH) LINE, A DISTANCE OF 1332.37 FEET; THENCE NORTH 0 DEGREES 05
MINUTES 58 SECONDS EAST, A DISTANCE OF 330.63 FEET; THENCE NORTH 89 DEGREES
18 MINUTES 21 SECONDS EAST, A DISTANCE OF 11.11 FEET MORE OR LESS TO THE
POINT OF BEGINNING.
LESS AND EXCEPT:
A 30.00-FOOT BY 45.00-FOOT UTILITY EASEMENT LYING WITHIN THAT PARCEL OF
LAND DESCRIBED IN OFFICIAL RECORD BOOK 2519,PAGE 817 OF THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY FLORIDA, BEING IN THE SOUTHEAST 1/4 OF SECTION 20,
TOWNSHIP 31 SOUTH, RANGE 39 EAST. SAID EASEMENT BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE PLAT OF
PALM LAKE CLUB-PHASE II, AS RECORDED IN PLAT BOOK 14, PAGE 10 OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN NORTH 89 DEGREES 4
MINUTES 00 SECONDS WEST, ALONG THE SOUTH LINE OF SAID PLAT, A DISTANCE OF
213.04 FEET TO A POINT; THENCE RUN SOUTH 00 DEGREES 56 MINUTES 00 SECONDS
WEST,PERPENDICULAR TO THE SOUTH LINE OF SAID PLAT,A DISTANCE OF 129.65 FEET
TO THE POINT OF BEGINNING, SAID POINT LYING 30.00 FEET NORTH OF, AND
PERPENDICULAR TO, THE EXISTING NORTH RIGHT-OF-WAY LINE OF BARBER STREET
(80.00-FOOT RIGHT-OF-WAY).THENCE RUN SOUTH 21 DEGREES 36 MINUTES 35 SECONDS
EAST, PERPENDICULAR TO SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 30.00
FEET TO A POINT ON SAID NORTH RIGHT-OF-WAY LINE; THENCE RUN SOUTH 68
File No. 46082320
LTF
DEGREES 23 MINUTES 25 SECONDS WEST, ALONG SAID RIGHT-OF-WAY LINE, A
DISTANCE OF 45.00 FEET TO A POINT; THENCE, LEAVING SAID RIGHT-OF-WAY LINE,
RUN NORTH 21 DEGREES 36 MINUTES 35 SECONDS WEST, ALONG A LINE
PERPENDICULAR TO SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 30.00 FEET TO
A POINT; THENCE RUN NORTH 68 DEGREES 23 MINUTES 25 SECONDS EAST, PARALLEL
WITH AND 30.00 FEET NORTHERLY OF SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE
OF 45.00 FEET TO THE POINT OF BEGINNING.
File No. 46082320
LTF
WESTCOR POLICY NO.
- Land Title Insurance Company OP-25-FL1394-5070235
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, notanzed, 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*46082320 WESTCOR LAND TITLE INSURANCE COMPANY
Atlantic Coastal Land Title Company, LLC
855 21st Street,Suite C 4o�,1A 7yam By-
Vero Beach, FL 32960 L.W Q resident
Cmp V Q$
e,Igmn 0° Attest: eea� aur/
Secretary
OP-25 ALTA Owners Policy of Title Insurance 6-17-06(with FLORIDA Modifications)(wLTIC Edition 1/26/11) Page 1
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'nghts
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
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 (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-
I (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
Claimant prior to the date the Insured Claimant became an
mg,prohibiting,or relating to
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
merit erected on the Land;
the subdivision h land; (e)resulting in loss or damage that would not have been sus-
(iii) 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)a preferential transfer for any reason not stated in Covered
b)Any governmental police power.This Exclusion 1(b)does not
modify or limit the coverage provided under Covered Risk 6 Risk 9 of this policy
2 Rights of eminent domain. This Exclusion does not modify or 5.Any lien on the Title for real estate taxes or assessments imposed
by governmental authority and created or attaching between
limit the coverage provided under Covered Risk 7 or 8
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
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 hens 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 11 (l)"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 war-
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
(2) if the grantee wholly owns the named Insured, be liable by virtue of this policy, or(iii)if the Title,as insured, is
refected 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 payineiit 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,all other 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-
(a)Upon written request by the Insured,and subject to the options
tive knowledge or notice that may be imputed to an Insured by
reason of the Public Records or any other records that impart contained in Section 7 of these Conditions, the Company, at
constructive notice of matters affecting the Title. its own cost and without unreasonable delay,shall provide for
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 tenn "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 Tide 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 the Amount 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 terns 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 hmsured 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 Claim-
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 or damage provided for under this policy,together with any
of the Insured for this purpose. Whenever requested by the costs,attorneys'fees,and expenses incurred by the Insured
Company,the Insured,at the Company's expense,shall give the Claimant that were authorized by the Company up to the
Company all reasonable aid(i)in secunng evidence,obtaining 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 clammed 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 h-
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, (ii) 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 (n)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 the Insured Claimant or as of the date rt is settled
the Company,it is necessary in the administration of the claim. and paidd.
Failure of the 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,attorneys'fees,and expenses in-
permission to secure reasonably necessary information from curred in accordance with Sections 5 and 7 of these Conditions.
third parties as required in this subsection, unless prohibited
by law or governmental regulation,shall tenninate any liability 9.LIMITATION OF LIABILITY
rn
of the Company under this policy as to that claim. (a) If the Company establishes the Title, or removes the alleged
OTHERWISE SETTLE defect,lien,or encumbrance,or cures the lack of a right of ac-
7.OPTIONS TO PAY OR OTCLAIMS;TERMINATION HH 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 Com- 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
tling 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
time Title Insurance Arbitration Rules.
10.REDUCTION OF INSURANCE;REDUCTION OR
TERMINATION OF LIABILITY A copy of the Rules may be obtained from the Company upon
All payments under this policy, except payments made for costs, request.
attorneys'fees,and expenses,shall reduce theAmount 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 Com- 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 restncted 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 terns 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 LAVV; FORUM
permit the Company to sue,compromise,or settle in the name (a) Choice of Law: The Insured acknowledges the Company has
of time Insured Claimant and to use the naive 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 all 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 detennine 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: 875 Concourse Parkway South, Suite
issuance or the breach of a policy provision or other obligation. 200, Maitland, FL 32751
OP-25 ALTA Owners Policy of Title Insurance 6-17-06(with FLORIDA Modifications)(WLTIC Edition 1/26/11) Page 5
OWNER'S POLICY OF
TITLE INSURANCE
(With Florida
Modifications)
WESTCOR
LAND TITLE
INSURANCE COMPANY
OWNER'S POLICY
OF
TITLE INSURANCE
HOME OFFICE
875 Concourse Parkway South, Suite 200
Maitland, FL 32751
Telephone.(407) 629-5842
WESTCOR LAND.-ITLEYINSURANCE COMPANY
Owner's Title`Insurance Policy
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: 46082320
Policy No: OP-25-FL1394-5070235
Effective Date: May 19, 2016 at 11:45 AM
Amount of
Insurance: S 113,000.00
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:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 20,TOWNSHIP
31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; THENCE
NORTH 00 DEGREES 33 MINUTES 15 SECONDS EAST ALONG THE EAST
LINE OF SAID SECTION 20, FOR A DISTANCE OF 1298.48 FEET TO THE
NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER;THENCE SOUTH 89 DEGREES 18 MINUTES 21 SECONDS WEST,
FOR 1324.74 FEET TO THE WEST RIGHT-OF-WAY LINE OF BARBER
STREET(HAVING AN 80 FOOT RIGHT-OF-WAY)AS SHOWN ON THE PLAT
RECORDED IN PLAT BOOK 14, PAGE 97, OF THE PUBLIC RECORDS OF
Pol I -Policy Insert Page I
WESTCOR LAND.TITLE.INSURANCE COMPANY
'Owner's'Title�Idsurance Policy _
INDIAN RIVER COUNTY, FLORIDA, SAID POINT BEING THE POINT OF
BEGINNING; THENCE SOUTH 0 DEGREES 13 MINUTES 13 SECONDS EAST
ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 264.04 FEET TO THE
POINT OF CURVATURE OF A CURVE, CONCAVE TO THE NORTHWEST,
HAVING A RADIUS OF 200.00 FEET; THENCE SOUTHWEST ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 68 DEGREES 00
MINUTES, A DISTANCE OF 237.37 FEET; THENCE SOUTH 67 DEGREES 46
MINUTES 47 SECONDS WEST,A DISTANCE OF 232.68 FEET TO THE POINT
OF CURVATURE OF A CURVE, CONCAVE TO THE SOUTHEAST, HAVING
A RADIUS OF 3608.37 FEET; THENCE SOUTHWEST ALONG THE ARC OF
SAID CURVE, THROUGH A CENTRAL ANGLE OF 2 DEGREES 14 MINUTES
43 SECONDS, A DISTANCE OF 141.40 FEET; THENCE SOUTH 65 DEGREES
32 MINUTES 04 SECONDS WEST, A DISTANCE OF 666.04 FEET TO THE
POINT OF CURVATURE OF A CURVE,CONCAVE TO THE NORTH,HAVING
A RADIUS OF 476.87 FEET; THENCE WEST ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 23 DEGREES 58 MINUTES 55
SECONDS, A DISTANCE OF 199.60 FEET; THENCE SOUTH 89 DEGREES 30
MINUTES 59 SECONDS WEST,A DISTANCE OF 70.19 FEET TO A POINT ON
THE EAST LINE OF THE PLAT OF SEBASTIAN HIGHLANDS, UNIT 17, AS
RECORDED IN PLAT BOOK 8, PAGE 46, ALSO BEING THE WEST LINE OF
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 20;THENCE NORTH 0 DEGREES 31 MINUTES 44 SECONDS WEST
ALONG SAID LINE, A DISTANCE OF 589.98 FEET TO THE POINT ON THE
SOUTH LINE OF PALM LAKE CLUB, AS RECORDED IN PLAT BOOK 13,
PAGE 47; THENCE SOUTH 89 DEGREES 40 MINUTES 38 SECONDS EAST
ALONG SAID LINE, A DISTANCE OF 1332.37 FEET; THENCE NORTH 0
DEGREES 05 MINUTES 58 SECONDS EAST, A DISTANCE OF 330.63 FEET;
THENCE NORTH 89 DEGREES 18 MINUTES 21 SECONDS EAST, A
DISTANCE OF 11.11 FEET MORE OR LESS TO THE POINT OF BEGINNING.
LESS AND EXCEPT:
A 30.00-FOOT BY 45.00-FOOT UTILITY EASEMENT LYING WITHIN THAT
PARCEL OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 2915, PAGE
817 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FLORIDA,
BEING IN THE SOUTHEAST 1/4 OF SECTION 20, TOWNSHIP 31 SOUTH,
RANGE 39 EAST. SAID EASEMENT BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
Pol I -Policy Insert Page 2
`.WESTCOR L'AND TITL'EINSURANCECOIVIPANY .:
Owners Title-Insur`ance;Eolicy
, `*
COMMENCE AT THE SOUTHEAST CORNER OF THE PLAT OF PALM LAKE
CLUB-PHASE II, AS RECORDED IN PLAT BOOK 14, PAGE 10 OF THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN
NORTH 89 DEGREES 4 MINUTES 00 SECONDS WEST, ALONG THE SOUTH
LINE OF SAID PLAT, A DISTANCE OF 213.04 FEET TO A POINT; THENCE
RUN SOUTH 00 DEGREES 56 MINUTES 00 SECONDS WEST,
PERPENDICULAR TO THE SOUTH LINE OF SAID PLAT, A DISTANCE OF
129.65 FEET TO THE POINT OF BEGINNING, SAID POINT LYING 30.00 FEET
NORTH OF, AND PERPENDICULAR TO, THE EXISTING NORTH
RIGHT-OF-WAY LINE OF BARBER STREET(80.00-FOOT RIGHT-OF-WAY).
THENCE RUN SOUTH 21 DEGREES 36 MINUTES 35 SECONDS EAST,
PERPENDICULAR TO SAID NORTH RIGHT-OF-WAY LINE,A DISTANCE OF
30.00 FEET TO A POINT ON SAID NORTH RIGHT-OF-WAY LINE; THENCE
RUN SOUTH 68 DEGREES 23 MINUTES 25 SECONDS WEST, ALONG SAID
RIGHT-OF-WAY LINE, A DISTANCE OF 45.00 FEET TO A POINT; THENCE,
LEAVING SAID RIGHT-OF-WAY LINE, RUN NORTH 21 DEGREES 36
MINUTES 35 SECONDS WEST, ALONG A LINE PERPENDICULAR TO SAID
NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 30.00 FEET TO A POINT;
THENCE RUN NORTH 68 DEGREES 23 MINUTES 25 SECONDS EAST,
PARALLEL WITH AND 30.00 FEET NORTHERLY OF SAID NORTH
RIGHT-OF-WAY LINE, A DISTANCE OF 45.00 FEET TO THE POINT OF
BEGINNING.
Countersigned:
Autho ' e ignatory
ATLANTIC COASTAL LAND TITLE COMPANY, LLC
855 21"St., Suite C,Vero Beach,Florida 32960
Telephone: 772-5694364
Pol l -Policy Insert Page 3
~WESTCOR`LAND`TITLE INS -, FN COMPANY " ' �.
yr , ..
_..�. �, pis - .�.:�;; `r '>�,. ;�'','_'�='=� ':, nz. :•. ""I.
=0wnie?g Title Iiisu"'ii6e Policy
' - -
Agent's File No: 46082320
Policy No: OP-25-FL1394-5070235
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:
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created,
first appearing in the public records or attaching subsequent to the effective date
hereof but prior to the date the proposed insured acquires for value of record the
estate or interest or mortgage thereon covered by this Commitment.
2. Rights or claims of parties in possession not shown by the Public Records.
3. Any encroachment, encumbrance,violation,variation, or adverse circumstance
affecting the Title that would be disclosed by an accurate and complete 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 existing
improvements located on the adjoined land.
4. Easements or claims of easements not shown by the Public Records.
5. Taxes or special assessments which are not shown as existing liens by the
public records.
6. Taxes and assessments for the year 2016 and subsequent years, which are not
yet due and payable.
7. 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, sewer
or gas system supplying the insured land.
Pol l -Policy Insert Page 4
- , , ..� i- :- -'`:ti.r=i'`..�.f.,r:,, i.a" ,...`-.•{:fit 1:?: ,i '. t ...• --,-....�:sq •T. -
WESTCOR'LAND TITLE'.INSURANCE COMPANY "
`Y. wner's TitleInsurance.Policy
8. Reservations contained in Deed recorded in Deed Book 35, Page 307, of the
Public Records of Indian River County, Florida.
9. Right of Way fro the Florida East Coast Railroad as recorded in Deed Book Z,
Page 463, of the Public Records of Indian River County, Florida.
10. Terms and conditions of that certain Ordinance No 0-80-6 recorded in Official
Records Book 599, Page 773 and corrected in Official Records Book 599, Page 2467,
of the Public Records of Indian River County, Florida.
11. Existing Zoning of the City of Sebastian, Florida.
12. Easement Deed recorded in Official Records Book 730, Page 2087, of the
Public Records of Indian River County, Florida.
13. Easement to the City of Sebastian, Florida as referenced in Warranty Deed
recorded in Official Records Book 732, Page 486, of the Public Records of Indian
River County, Florida.
14. Non-Exclusive Easement recorded in Official Records Book 793, Page 490, of
the Public Records of Indian River 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
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 l-Policy Insert Page 5