Loading...
HomeMy WebLinkAbout2013-144AThis 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 855 21' St., Suite C Vero Beach, Florida 32960 ACLT File Number: 43080326 Parcel ID Number: Part of 31-39-28-00000-5000-00033.0 ao 13 3120130062791 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 2707 PG: 63 Page 1 of 4 9272013 2:56 PM D DOCTAX PD $0.70 GENERAL WARRANTY DEED This deed, made as of this 24th day of September, 2013, by St. Sebastian Conference of St. Vincent De Paul Society, Inc., a Florida Non -Profit Corporation (as Grantor); and Indian River County, a political subdivision of the State of Florida, whose postoffice address is: 1801 27th St, Vero Beach, FL 32960 (as Grantee); (Wherever used herein, the terms 'grantor" and 'grantee" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, partnerships or other entities; wherever- the context so admits or requires.) WITNESSETH: That the grantor, for and in consideration of the sum of $10.00 in hand paid by grantee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee forever, all the right, title, interest, claim and demand which the said grantor has in and to the following described parcel of land, to wit: COUNTY ROAD 510 RIGHT-OF-WAY PARCEL 424 A PARCEL OF LAND BEING A PORTION OF UNINCORPORATED INDIAN RIVER COUNTY, LYING IN SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, SAID POINT BEING ON THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), SHEET 5 OF 10; THENCE NORTH 89 DEGREES 15 MINUTES 38 SECONDS EAST ALONG THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 1,350.57 FEET; THENCE NORTH 00 DEGREES 44 MINUTES 22 SECONDS WEST, A DISTANCE OF 40.00 FEET TO A POINT OF INTERSECTION WITH THE EXISTING NORTH RIGHT-OF-WAY LINE OF SAID ATLANTIC COASTAL LAND TITLE COMPANY, LLC _ A Full Service, Florida Title Insurance Agency COUNTY ROAD 510 AND THE EXISTING EAST RIGHT-OF-WAY LINE OF 55TH AVENUE, A 50 FOOT RIGHT-OF-WAY AS SHOWN ON SAID RIGHT-OF-WAY MAP AND THE POINT OF BEGINNING, SAID POINT BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND OWNED BY ST. SEBASTIAN CONFERENCE OF ST. VINCENT DE PAUL, AS RECORDED IN OFFICIAL RECORDS BOOK 1002, PAGE 1661 OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 00 DEGREES 38 MINUTES 55 SECONDS WEST, ALONG THE WEST LINE OF SAID ST. SEBASTIAN PARCEL AND SAID EAST RIGHT-OF-WAY LINE OF 55TH .AVENUE, A DISTANCE OF 26.69 FEET, THENCE SOUTH 44 DEGREES 41 MINUTES 54 SECONDS EAST, A DISTANCE OF 35.94 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RADIAL BEARING OF NORTH 00 DEGREES 53 MINUTES 49 SECONDS EAST; THENCE EASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 2018.00 FEET, THROUGH A CENTRAL ANGLE OF 03 DEGREES 33 MINUTES 00 SECONDS, AN ARC,. DISTANCE OF 125.03 FEET TO A NON -TANGENT POINT ON THE EAST LINE OF SAID ST. SEBASTIAN PARCEL, SAID POINT HAVING A RADIAL BEARING OF NORTH 02 , DEGREES 39 MINUTES 11 SECONDS WEST; THENCE SOUTH 00 DEGREES 38 MINUTES 55 SECONDS EAST, ALONG SAID EAST LINE, A DISTANCE OF 1.13 FEET TO A POINT ON THE SOUTH LINE OF SAID ST. SEBASTIAN PARCEL AND SAID NORTH RIGHT-OF-WAY LINE; THENCE SOUTH 89 DEGREES 15 MINUTES 38 SECONDS WEST, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING. 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 In WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of '0 State of FLORIDA County of INDIAN RIVER St. Sebastian Conference of St. Vincent De Paul Society, Inc., a Florida Non -Profit Corporation Akz—, By: Robert Christopher, Its President 5480 85th St. Sebastian, FL 32958 The foregoing instrument was acknowledged before me the date hereinafter given, by Robert Christopher, as St. Sebastian Conference of St. Vincent De Paul Society, Inc., a Florida Non - Profit Corporation; 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 24th day of September, 2013. Te of identification provided (Check One): Driver's License Passport Government (State or Federal) ID Card Resident Alien ID Card Other Notary Public "'r P JASON A. BEAL Notary Public - State of Florida •= My Comm. Expires Oct 11, 2016 Commission M EE 836130 Bonded Through National Notary Assn. ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service, Florida Title Insurance Agency 0 SKETCH OF DESCRIPTION LEGEND POINT OF COMMENCEMENT PG. PAGE PARCEL 31392800000500000033.0 RIGHT-OF-WAY P.O.B. POINT OF BEGINNING FND. ST. SEBASTIAN CONFERENCE SEC. SECTION P.R.C. POINT OF REVERSE CURVATURE R cp OF ST.VINCENT DE PAUL POINT OF TANGENCY a DELTA O.R.B. 1002, PAGE 1661 M DRAINAGE EASEMENT L COUNTY ROAD 510 N. CENTER LINE T.C.E. RIGHT-OF-WAY PARCEL 424. o SURVEYOR'S NOTES: w I. THIS IS NOT A BOUNDARY SURVEY. 2. BEARINGS SHOWN BASED ON COUNTY ROAD 510 BASELINE OF SURVEY AND NORTH LINE OF THE S.W.I/4 OF SECTION 28: I" 60' T.C.E. SAID LINE BEARS N 89°15'38" E. 3. DISTANCES SHOWN BASED ON ENGLISH UNITS, US SURVEY FOOT. 4. THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 PARCEL 724 (WABASSO ROAD), PREPARED BY BURDETTE AND ASSOCIATES. z_ zl SEE DETAIL SHEET 3 DATED "FINAL GMB 3-08" CONSISTING OF 10 SHEETS AS FLORIDA. Z 5. DIRECTED BY INDIAN RIV�R COUNTY, THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED Q� DURING REPRODUCTION PROCESS. 0 BASELINE P.O.C. LEGEND POINT OF COMMENCEMENT PG. PAGE R/W RIGHT-OF-WAY P.O.B. POINT OF BEGINNING FND. FOUND SEC. SECTION P.R.C. POINT OF REVERSE CURVATURE R RADIUS • PROPERTY LINE P.T. POINT OF TANGENCY a DELTA C.R. COUNTY ROAD D.E. DRAINAGE EASEMENT L ARC LENGTH CENTER LINE T.C.E. TEMPORARY CONSTRUCTION EASEMENT O.R.B. OFFICIAL RECORDS BOOK ST.SEBASTIAN CONFERENCE T.C.E. N OF ST -VINCENT DE PAUL ACQUIRED BY O.R.B. 1002, PG. 1661 SEPARATE DOCUMENT - w 3139280000050000033.0 PARCEL 724 UJ z_ zl SEE DETAIL SHEET 3 Z F— J Ln _�� Q� Imo..► X _0 Wm ol` Lo , P.O.B. `^ / PARCEL 424 J S.W.L c R R , I SEBASTIAN L N 00044'22" W X EXISTING NORTH R/W LINE 40.00' / 0 Q N 89015'38" E 2e W 28 1,350.57' -mss _31 31- SURVEY C.R. 510 (WABASSO RD.) SEC 32 33 SECTION LINE .C. .W. CORNER SEC. 28-31-39 FND. BOAT SPIKE CERTIFICATION: I HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED UNDER MY DIRECT SUPERVISION. FURTHER. THIS DOCUMENT IS IN COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17 FLORIPAliftDMbNIi T.RATIVE CODE PURSUANT TO SECTION 472.027, FLORIDA STATUTES. '''r. FOR THE F 1 RM, t•,:g"��5� CHRISTOPHER P -'AL. A P FLORIDA REGIST%A' D U EI CARDNO TBE ` fl'rV ... PARCEL SKETCH - NOT A SURVEY .�+i �� 1.rk ,oi#0,4� r c as 8I .val %J COUNTY ROAD NO. 510 - PARCEL 424 INDIAN RIVER COUNTY CARDNO TBE BT GATE PREPARED BY, DATA SOURCE. 3427 N.N. 55Th STREET CARDNO TBE N/A RT. LAUDERDALE. FL. 33309DRAIN R.T. �•14.17 PNONE••95..930-9399 LO.6669 CHECKED M SOMERS 06.14-12 CARDNO TBE PN: 05038-002-00 SHEET I OF 3 WESTCOR YOLICY NO. Land Title Insurance Company JAN 12014 OP-25-FL1394-3412693 C0t1N7"y A'F1_0RNEY'S OFFICE - OWNER'S POLICY OF TITLE INSURANCE (with Florida Modifications) ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, Westcor Land Title Insurance Company, a California corporation (the "Company") insures, as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment' includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. COVERED RISKS CONTINUED ON NEXT PAGE In Witness Whereof, WESTCOR LAND TITLE INSURANCE COMPANY, has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signa- tory of the Company. Issued By: FL1394 " 43080326 WESTCOR LAND TITLE INSURANCE COMPANY Atlantic Coastal Land Title Company, LLC 855 21st Street, Suite C �Qo . A 7g�s By: M,Q Av(MA Vero Beach, FL 32960Westcor z resident Lana Tide o Inmence p C—P-Y E Attest: 1993 Secretary OP -2.5 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 1/26/11) Page I 4. No right of access to and from the Land. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zon- ing) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforce- ment action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or at- tached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other 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 - 1. (a) Any law, ordinance, permit, or governmental regulation cords at Date of Policy, but Known to the Insured Claimant (including those relating to building and zoning) restricting, regulat- and not disclosed in writing to the Company by the Insured ing, prohibiting, or relating to Claimant prior to the date the Insured Claimant became an Insured under this policy; (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improve- ment erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage that would not have been sus- tained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other 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 The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and I 1 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, con- solidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated En- tity of the named Insured, provided the affiliated Entity and the named Insured are both wholly- owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not construc- tive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improve- ments that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other secu- rity instrument, including one evidenced by electronic means authorized bylaw. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring delivery of marketable title. 2. CONTINUATION OF INSURANCE 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 an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of war- ranties in any transfer or conveyance of the Title. This policy 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 obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Condi- tions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 1/26/11) Page 3 CONDITIONS - CONTINUED other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropri- ate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceed- ing and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representa- tive of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or dam- age. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claim- ant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any li- ability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Con- ditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Com- pany will also pay those costs, attorneys' fees, and expenses in- curred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of ac- cess to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that 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- pany or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final deter- mination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in set- tling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Com- pany 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 subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Com- pany of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration As- sociation may be demanded if agreed to by both the Company and the Insured at the time of a controversy or claim. Arbitrable mat- ters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the Land is 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. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim whether or not based on negligence shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provi- sions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT 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: 875 Concourse Parkway South, Suite 200, Maitland, FL 32751. OP -2.5 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 1/26/11) Page 5 OD F..{ z m n --j O 0-3 O o m 0 r z m o �r -o3 CD S, m Z 0� 0 � � C6 0-3 o �p CA) ~ 1\3-j° n �-m D Z r n N c 6 N O O WESTCOR LAND TITLE INSURANCE 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: 43080326 Policy No: OP-25-FL1394-3412693 Effective Date: September 27, 2013 at 2:56 PM Amount of Insurance: $ 3,223.46 Address: 548085 T11 Street, Vero Beach, FL 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: COUNTY ROAD 510 RIGHT-OF-WAY PARCEL 424 A PARCEL OF LAND BEING A PORTION OF UNINCORPORATED INDIAN RIVER COUNTY, LYING IN SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Pol l - Policy Insert Page 1 WESTCOR LAND TITLE INSURANCE COMPANY Owner's Title Insurance Policy COMMENCE AT THE SOUTHWEST CORNER OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, SAID POINT BEING ON THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), SHEET 5 OF 10; THENCE NORTH 89 DEGREES 15 MINUTES 38 SECONDS EAST ALONG THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 1,350.57 FEET; THENCE NORTH 00 DEGREES 44 MINUTES 22 SECONDS WEST, A DISTANCE OF 40.00 FEET TO A POINT OF INTERSECTION WITH THE EXISTING NORTH RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 510 AND THE EXISTING EAST RIGHT-OF-WAY LINE OF 55TH AVENUE, A 50 FOOT RIGHT-OF-WAY AS SHOWN ON SAID RIGHT-OF-WAY MAP AND THE POINT OF BEGINNING, SAID POINT BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND OWNED BY ST. SEBASTIAN CONFERENCE OF ST. VINCENT DE PAUL, AS RECORDED IN OFFICIAL RECORDS BOOK 1002, PAGE 1661 OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 00 DEGREES 38 MINUTES 55 SECONDS WEST, ALONG THE WEST LINE OF SAID ST. SEBASTIAN PARCEL AND SAID EAST RIGHT-OF-WAY LINE OF 55TH AVENUE, A DISTANCE OF 26.69 FEET, THENCE SOUTH 44 DEGREES 41 MINUTES 54 SECONDS EAST, A DISTANCE OF 35.94 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RADIAL BEARING OF NORTH 00 DEGREES 53 MINUTES 49 SECONDS EAST; THENCE EASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 2018.00 FEET, THROUGH A CENTRAL ANGLE OF 03 DEGREES 33 MINUTES 00 SECONDS, AN ARC DISTANCE OF 125.03 FEET TO A NON -TANGENT POINT ON THE EAST LINE OF SAID ST. SEBASTIAN PARCEL, SAID POINT HAVING A RADIAL BEARING OF NORTH 02 DEGREES 39 MINUTES 11 SECONDS WEST; THENCE SOUTH 00 DEGREES 38 MINUTES 55 SECONDS EAST, ALONG SAID EAST LINE, A DISTANCE OF 1.13 FEET TO A POINT ON THE SOUTH LINE OF SAID ST. SEBASTIAN PARCEL AND SAID NORTH RIGHT-OF-WAY LINE; THENCE SOUTH 89 DEGREES 15 MINUTES 38 SECONDS WEST, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING. Pol I -Policy Insert Page 2 WESTCOR LAND TITLE INSURANCE COMPANY Owner's Title Insurance Policy Countersigned: uth Signatory ATLANTIC COASTAL LAND TITLE COMPANY, LLC 855 21" St., Suite C, Vero Beach, Florida 32960 Telephone: 772-569-4364 Pol I - Policy Insert Page 3 WESTCOR LAND TITLE INSURANCE COMPANY Owner's Title Insurance Policy Agent's File No: 43080326 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: I . (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 2013 and subsequent years. /n accordance with Title 42 United States Code, Section 3604, any covenants, conditions or restrictions referred to herein, which indicate any preference, limitation or discrimination based on race, color, religion, sex, handicap,. familial status or national origin, are hereby deleted. Note 1: This policy does not insure against loss or damage arising as the result of unpaid charges for public utilities furnished by any county, municipality, or public service corporation, which may be or may become a lien upon the land insured hereby under any provision of the Florida Statutes including Section 159.17; and/or any county, municipal, or special taxing district assessment, including those levied under the provisions of Chapter 190, Florida Statutes. Note 2: All references herein to recorded instruments, refer to recordations contained within the Public Records of the county in which the land is located. Reference to instruments among the Public Records refer to the first recorded page Pol l -Policy Insert Page 4 WESTCOR LAND TITLE INSURANCE COMPANY Owner's Title Insurance Policy 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 5