HomeMy WebLinkAbout2016-099 ORIGINAL
AGREEMENT TO PURCHASE, SELL, AND LEASE REAL ESTATE
BETWEEN INDIAN RIVER COUNTY
AND
THOMAS RENO
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is
made and entered into as of the 5trday of July , 2016, by and between Indian
River County, a political subdivision of the State of Florida ("the County"), and Thomas
Reno who agree as follows:
WHEREAS, Thomas Reno owns property located at 2785 49th Street, Vero Beach,
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 scheduled to do road improvements at the 49th Street and
Old Dixie Highway Intersection in the future and the road expansion will impact the property
of Thomas Reno and
WHEREAS, in order for the County to proceed with its road expansion plans, the
County needs to purchase property to be used as right-of-way from landowners adjacent
to the In tersection of 49th Street and Old Dixie Highway; and
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WHEREAS,the County has contacted Thomas Reno, and has offered to purchase
right-of-way of approximately 4,260 square feet or 0.097 acres of property as depicted on
Exhibit "A", and
WHEREAS, the County is currently purchasing property/right-of-way from willing
sellers; and
WHEREAS,Thomas Reno, and the County by entering into this agreement for sale
and purchase of the Property;
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants and premises hereinafter, the COUNTY and SELLER agree as follows:
1. Recitals. The above recitals are affirmed as being true and correct and are
incorporated herein.
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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 2785 49th Street,Vero
Beach, Florida and more specifically described in the legal description attached as Exhibit
"A", fee simple, containing approximately 4,260 square feet, all improvements thereon,
together with all easements, rights and uses now or hereafter belonging thereto
(collectively, the "Property").
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ORIGINAL
2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the
Property shall be $12,780.00 (Twelve Thousand Seven Hundred Eighty and 00/100
Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this
Agreement shall be the date upon which the County shall have approved the execution of
this Agreement, either by approval by the Indian River County Board of County
Commissioners at a formal meeting of such Board or by the County Administrator pursuant
to his delegated authority.
3. Title. Seller shall convey marketable title to the Property by warranty deed free of
claims, liens, easements and encumbrances of record or known to Seller; but subject to
property taxes for the year of Closing and covenants, restrictions and public utility
easements of record provided (a) there exists at Closing no violation of any of the
foregoing; and (b) none of the foregoing prevents County's intended use and development
of the Property ("Permitted Exceptions").
3.1 County may order an Ownership and Encumbrance Report or Title Insurance
Commitment with respect to the Property. County shall within fifteen (15) days following
the Effective Date of this Agreement deliver written notice to Seller of title defects. Title
shall be'deemed acceptable to County if(a) County fails to deliver notice of defects within
the time specified, or (b) County delivers notice and Seller cures the defects within thirty
(30)days from receipt of notice from County of title defects ("Curative Period"). Seller shall
use best efforts to cure the defects within the Curative Period and if the title defects are not
cured within the Curative Period, County shall have thirty (30) days from the end of the
Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement,
whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up
to an additional 90 days; or (iii) accept title subject to existing defects and proceed to
closing.
4. Representations of the Seller.
4.1 Seller is indefeasibly seized of marketable,fee simple title to the Property, and is the
sole owner of and has good right, title, and authority to convey and transfer the Property
which is the subject matter of this Agreement, free and clear of all liens and
encumbrances.
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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.
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ORIGINAL
5. Default.
5.1 In the event the County shall fail to perform any of its obligations hereunder, the
Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice
delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor
any other person or party shall have any claim for specific performance, damages, or
otherwise against the County; or (ii) waive the County's default and proceed to Closing.
5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the
County shall, at its sole option, be entitled to: (i)terminate this Agreement by written notice
delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor
any other person or party shall have any claim for specific performance, damages or
otherwise against the Seller; or(ii)obtain specific performance of the terms and conditions
hereof; or (iii) waive the Seller's default and proceed to Closing:
6. Closing.
6.1 the closing of the transaction contemplated herein ("Closing" and "Closing Date")
shall take place within 45 days following the execution of the contract by the Chairman of
the Board of County Commissioners. The parties agree that the Closing shall be as
follows:
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(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.
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6.2 Tiaxes. 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.
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ORIGINAL
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.
7.1.3 All costs and premiums for the owner's marketability title insurance commitment and
policy, if any.
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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.
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8. Miscellaneous.
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8.1 Controllinq 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.
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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.
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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.
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ORIGINAL
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:
If to Seller: Thomas Reno
1340 Poitras Drive
Vero Beach, FL 32963
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
disclosure statement in the form attached to this Agreement as an exhibit that complies
with all hof 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.
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ORIGINAL
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the
date first set forth above.
INDIAN RIVER COUNTY, FLORIDA THOMAS RENO
BOARD OF COUNTY COMMISSIONERS
e-�4 tett a-uz on lo' 9-/6'
Bob Solari, Chairman Thomas Reno Date
'"' �OAtM/s"•
Approved by BCC July 5, 2016 ,•J���� S%;;;
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ATTEST:
ER COUNr.••'
Jeffrey R. Smith, Clerk of Court and Comptroller
By: C4�� ou�
Deputy Clerk
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ApproveId:
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Jason E. Brown, County Administrator
Approved as to Form and Legal Sufficiency:
L.-County Attorney
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ORIGINAL
EXHIBIT "A"
t BEG AT NE COR OF NE 1/4 OF SE 1/4 RUN W
1284 FT; S 276 FT;E 284 FT;N 276 FT TOBEG
Commonly known as: 2785 49th Street, Vero Beach, FL 32967
Parcel ID Number: 32-39-22-00000-7000-00001.0
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LEGAL .DESCRIPTION;PARCEL 104 (15 FOOT RIGHT F WAY ACQUISITION)
A PORTION OF THOSE LANDS LYING IN SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EAST, AS DESCRIBED IN OFFICIAL
RECORDS BOOK 2547, PAGE 2134, OF THE PIIUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER, OF lHE SOUTHEAST QUARTER, OF SAID SECTION 22; THENCE RUN S00°00'29"W,
ALONG THE EAST LINE OF SAID SECTION 22, A DISTANCE OF 25.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY
LINE OF 49th STREET PER PLAT BOOK 10, PGE 15, OF THE PUBLIC ' RECORDS OF INDIAN RIVER COUNTY, FLORIDA, FOR
A POINT OF BEGINNING; THENCE CONTINUES 0°00'29"W, ALONG SAID EAST LINE, A DISTANCE OF 15.00 FEET; THENCE -
DEPARTING SAID EAST LINE RUN N89'59'31"W, PARALLEL WITH SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 284.00
FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF 28TH COURT, PER PLAT BOOK 3, PAGE 53, OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN N00°00'29"E, ALONG SAID EAST RIGHT OF WAY LINE, A
DISTANCE OF 15.00 FEET TO A POINT ON TH AFORESAID SOUTH RIGHT OF WAY LINE OF 49TH STREET; THENCE
DEPARTING SAID EAST RIGHT OF WAY LINE, RtIN S89°59'31"E, ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF
284,00 FEET TO THE' POINT OF BEGINNING.
a CONTAINING: 0,10 ACRES (4,260 SQUARE FEE ), MORE OR LESS.
NOTES
1 . THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT ITHE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED PROFESSIONAL
SURVEYOR AND MAPPER NAMED HEREON.
2. THIS SKETCH OF DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE STANDARDS OF PRACTICE AS ESTABLISHED IN CHAPTER
N 5J-17, FLORIDA ADMINISTRATIVE CODE,
" 1 '
3, THIS SKETCH AND DESCRIPTION AND ADJOINING PARCELS MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, OR RIGHT-OF-WAYS NOT
SHOWN AND MAY BE FOUND IN THE PUBLIC RECORDS, I
4. THIS SKETCH AND DESCRIPTION DOES NOT REPRESEN�- A FIELD SURVEY. EXISTING PROPERTY CONDITIONS OR FEATURES ARE NOT SHOWN.
5. THE BEARINGS SHOWN HEREON ARE BASED UPON THE SOUTH RIGHT OF WAY LINE OF 49th STREET, HAVING AN ASSUMED BEARING OF S89.59-31"E.
.I LEGEND & ABBREVIATIONS
COR = CORNER P.I.D. �= PARCEL IDENTIFICATION PROP = PROPERTY
N ESMT = EASEMENT P.O.B.; = POINT OF BEGINNING P.S.M. = PROFESSIONAL SURVEYOR AND MAPPER
O.R.B. = OFFICIAL RECORDS BOOK P.O.C.) = POINT OF COMMENCEMENT R/W = RIGHT OF WAY
CERTIFICATION
SEC =,SECTION-TOWNSHIP-RANGE
SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE
0
O I
THIS IS NOT A BOUNDARY SURVEY
DAVID- M. SILON P.S.M. -- DATE _..__ SKETCH TO ACCOMPANY LEGAL DESCRIPTION
FLORIDA REGISTRATION No, 6139
INDIAN RIVER ASSISTANT COUNTY SURVEYOR I PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT
NDIAN RIVER COUNTY ADMINISTRATION BUILDINGDRAWN BY: SHEET
/lND/AlV R/VE COUNTY SECTION 22 S/lL'TCH OF D£SCR/PT/ON
1801 27th STREET s M.NELLER
3 VERO BEACH, FL 32960 DeeOrlmen! of ubllo Works APPROVED BY: TOWNSHIP 32S. FOR
(772) 567-8000 Engine®r/ng Dlvlslon D.SIL ON 4RAMrF ,T9E. PARCEY 104 o
LL
EXHIBIT "B"
SKETCH OF DESCRIPTION: PARCEL 104 (15 FOOT RII HT OF WAY ACQUISITION)
0 15 40 80
I
i t
i
GRAPHIC SCALE
(1„ i 40')
r i
in
N NE•COQ, k 1/4,
49th STREET _ 2 SEC 22-32-39
75 0' R/W� N o
N j S89°59'31"E (PLAT BOOK 10, PG 15) b N
j 284.00' n dP.0.B.
N 00°00'29"E """--
' 15.00' PARCEL 104
(14,260 So. Fr,)
_Z lo
N89'59'31 W �I S00'00'29"W
a I284.00' Z 15.00'
D 6 i F,
O a" z l Lu
Vi -1U Y ( I THOMAS RENO zI
= 0 Ix P.I.D. No.
!32-39-22-00000-7000-00001.0
m �]I
�I m I I SITE ADDRESS: 2785 49TH ST
00 ' O.R.B. 2547, PG. 2134
V L
i i I
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a I
THIS IS NOT A BOUNDARY SURVEY
-- -- - SKETCH TO ACCOMPANY-LEGAL-DESCRIPTION--.---- -_
_ PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT
NDIAN RIVER COUNTY ADMINISTRATION BUILDING /ND/AN )?IVER COUNTY IDRAWN BY: SECTION. 22 SHEET
1801 27th STREET 4 A<.HELL£R SK£TCN OF DESCR/PT/ON 2
VERO BEACH, FL 32980 DB arlmenl o0 ubNC {d�orks AppRovED BY: TOWNSHIP ,32S• FOR
(772) 587-8000 £nghwaring DlvlslonD SLO RANGE PARCEL 104
0
w:
as
3120180037161
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 325 PG: 1598 Page 1 of 4 6/18/2018 9:04 AM
D DOCTAX PD$89.60
•
This Instrument Prepared by and Return to:
Jason Beal
Atlantic Coastal Land Title Company,LLC
855 21st Street,Suite C
Vero Beach,Florida 32960
Our File No.:46082515
Property Appraisers Parcel Identification(Folio)Number: A Portion of 32-39-22-00000-7000-00001/0
Florida Documentary Stamps in the amount of$89.60 have been paid hereon.
Space above this line for Recording Data
WARRANTY DEED
THIS WARRANTY DEED,made the day of June,2018 by Thomas Reno,whose post office address is 1340
Poitras Drive,Vero Beach,FL 32963,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)
WIT 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
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.
Subject to easements,restrictions and reservations of record and taxes for the year 2018 and thereafter.
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 31,2017.
File No.:46082515
l.TF
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IN WITNESS WHEREOF,the said Grantor has signed and sealed these presents the day and year first above written.
Signed,sealed and delivered in he presence of:
Wi Ar Signa I. e
01111111iiiiik,a,
/
d t'• "G gid .
gess Printed I�e /u (Seal)
1 t Thomas Reno
Fess#2 Signarr , \ 11
" We' ' "IPA 1 N La
itness#2 Printed Na illp
State of Florida
County of Indian River
The foregoing instrument was acknowledged before me this / ) day of June, 2018, by Thomas Reno, who is
personally known to me or has produced 11C..-- as identification.
SEAL, _992-- -
Notary Public
Printed Notary Name
My Commission Expires:
.. .as . .. ..
-
'tplY P�Oi JASON A. REAL
==st �`n: Notary Public-S?
:. ' A: - ate of Florida
-* e Commiss;,n #GG 017550
rFklo�`�S.a°•' �•�y Comm. Expires Oct 11,2020
"""" Bonded through Na!oval Notary Assn.
•
File No.:46082515
rip
Exhibit "A"
LEGAL DESCRIPTION
PARCEL 104(15 FOOT RIGHT OF WAY ACQUISITION)
A PORTION OF THOSE LANDS LYING IN SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39
EAST, AS DESCRIBED IN OFFICIAL RECORDS BOOK 2547, PAGE 2134, OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER, OF THE SOUTHEAST QUARTER, OF SAID
SECTION 22; THENCE RUN SOUTH 00 DEGREES 00 MINUTES 29 SECONDS WEST, ALONG
THE EAST LINE OF SAID SECTION 22, A DISTANCE OF 25.00 FEET TO A POINT ON THE
SOUTH RIGHT OF WAY LINE OF 49TH STREET PER PLAT BOOK 10, PAGE 15, OF THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, FOR A POINT OF BEGINNING;
THENCE CONTINUE SOUTH 00 DEGREES 00 MINUTES 29 SECONDS WEST, ALONG SAID
EAST LINE,A DISTANCE OF 15.00 FEET;THENCE DEPARTING SAID EAST LINE RUN NORTH
89 DEGREES 59 MINUTES 31 SECONDS WEST, PARALLEL WITH SAID SOUTH RIGHT OF
WAY LINE,A DISTANCE OF 284.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE
OF 28TH COURT,PER PLAT BOOK 3,PAGE 53,OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA; THENCE RUN NORTH 00 DEGREES 00 MINUTES 29 SECONDS EAST,
ALONG SAID EAST RIGHT OF WAY LINE,A DISTANCE OF 15.00 FEET TO A POINT ON THE
AFORESAID SOUTH RIGHT OF WAY LINE OF 49TH STREET; THENCE DEPARTING SAID
EAST RIGHT OF WAY LINE, RUN SOUTH 89 DEGREES 59 MINUTES 31 SECONDS EAST,
ALONG SAID SOUTH RIGHT OF WAY LINE,A DISTANCE OF 284.00 FEET TO THE POINT OF
BEGINNING.
File No.:46082515
r.TF
SKETCH OF DESCRIPTION:PARCEL 104 (15 FOOT RIpHT OF WAY ACQUISITION)
, 0 16 40 BO
. .
X • GRAPHIC SCALE
1 . • (1" = 401
0
1 .
. .
I • ,
1
114 . -
Ei: pip I
49th STREET -422,s s
- - Ec 22-32-39
7.60,R_trber. — -- ' 3 -- —
74 P 8 4. . .
IIn ging'3 1"E (PLAT BOOK 10, PG 1.5)
(NI8g
g 284,00' g v\P.O.B. • .
N00.00'29"E
td1 15,00'
, ,,... • (*4,260 SO. FT.), /////47
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N89'59' .11N...........--
31"W I SO000'2914/
284.00'
1 •
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IIX 'k THOMAS RENO
1§
P.I.D. No. z
=1
g 1 1 -32-39-22-00000-7000-00001.,0
SITE ADDRESS: 2785 48TH ST
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001-• 0.8.8. 2547, PG. 2134
ri . o4 5-
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THIS IS NOT A BOUNDARY SURVEY .
' .
SKETCH TO ACCOMPANY LEGAL. DESCRIPTION
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11101 27th MEET 6,..., es
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INDIANsRIVER.COsU;TY ENGINEERINO DEPARTMENT
saw? or orscommv mg,
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.
14. WESTCOR POLICY NO.
LAND TITLE INSURANCE COMPANY OP-25-FL1394-6814671
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 South Carolina 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.
WESTCOR LAND TITLE INSURANCE COMPANY
Issued By: FL1394 * 46082515
Atlantic Coastal Land Title Company, LLC
855 21st Street, Suite C BrAvn 01,0,4/.0
Vero Beach, FL 32960 sEA1:01.1R (reside t
s c61.15, 1993
...... Attest:
illfirM?
4011in.
'Sccret'dry
OP-25 ALTA Owners Policy of Title Insurance 6-17-06(with FLORIDA Modifications)(WLTIC Edition 12/1/17) Page I
4.No right of access to and from the Land.
5.The violation or enforcement of any law,ordinance,permit,or governmental regulation(including those relating to building and zon-
ing)restricting,regulating,prohibiting,or relating to
(a)the occupancy,use,or enjoyment of the Land;
(b)the character,dimensions, or location of any improvement erected on the Land;
(c)the subdivision of land;or
(d)environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce,but
only to the extent of the violation or enforcement referred to in that notice.
6.An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforce-
ment action,describing any part of the Land,is recorded in the Public Records,but only to the extent of the enforcement referred to
in that notice.
7.The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land,is recorded in the Public Records.
8.Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9.Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part,or from a court order providing an alternative remedy,of a transfer of all or any
part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that
prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy,state insolvency,or similar creditors'rights
laws;or
(b) because the instrument of transfer vesting Title as shown in ScheduleA 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
ing,(i( luding those relating to building and zoning)restricting,rcgulat and not disclosed in writing to the Company by the Insured
ncnc prohibiting, elor relating to Claimant prior to the date the Insured Claimant became an
Insured under this policy;
(i)the occupancy,use,or enjoyment of the Land; (c)resulting in no loss or damage to the Insured Claimant;
(ii)the character,dimensions, or location of any improve- (d)attaching or created subsequent to Date of Policy;or
went erected on the Land;
(e)resulting in loss or damage that would not have been sus-
(ni)the subdivision of land;or tained if the Insured Claimant had paid value for the Title.
(iv)environmental protection; 4.Any claim,by reason of the operation of federal bankruptcy,state
or the effect of any violation of these laws, ordinances, insolvency,or similar creditors'rights laws,that the transaction
or governmental regulations. This Exclusion 1(a) does vesting the Title as shown in Schedule A,is
not modify or limit the coverage provided under Covered (a)a fraudulent conveyance or fraudulent transfer;or
Risk 5.
(b)Any governmental police power.This Exclusion 1(b)does not (b)a preferential transfer for any reason not stated in Covered
modify or limit the coverage provided under Covered Risk 6. Risk 9 of this policy.
5.Any lien on the Title for real estate taxes or assessments imposed
2. Rights of eminent domain. This Exclusion does not modify or
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)(\VLTIC Edition 12/1/17) 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 liens filed
in the records of the clerk of the United States District Court
(a)"Amount of Insurance":The amount stated in Schedule A,as for the district where the Land is located.
may be increased or decreased by endorsement to this policy,
increased by Section 8(b), or decreased by Sections 10 and 1 I (1)"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 CLAMANT
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
rejected as Unmarketable Title. If the Company is prejudiced by
(3) if the grantee is wholly-owned by an affiliated En- the failure of the Insured Claimant to provide prompt notice,the
tity of the named Insured, provided the affiliated Company's liability to the Insured Claimant under the policy shall
Entity and the named Insured are both wholly- be reduced to the extent of the prejudice.
owned by the same person or Entity,or
(4) if the grantee is a trustee or beneficiary of a trust 4.PROOF OF LOSS
created by a written instrument established by the In the event the Company is unable to determine the amount of loss
Insured named in Schedule A for estate planning or damage,the Company may,at its option,require as a condition
purposes. of payment that the Insured Claimant furnish a signed proof of loss.
n With regard to (C),and(D)reserving,however,all The proof of loss must describe the defect, lien,encumbrance,or
O g (A),(B), 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-
tive knowledge or notice that may be imputed to an Insured by (a)Upon written request by the Insured,and subject to the options
reason of the Public Records or any other records that impart contained in Section 7 of these Conditions, the Company, at
its own cost and without unreasonable delay,shall provide for
constructive notice of matters affecting the Title.
the defense of an Insured in litigation in which any third party
(g)"Land":The land described in Schedule A,and affixed improve- asserts a claim covered by this policy adverse to the Insured.
ments that by law constitute real property. The term "Land" This obligation is limited to only those stated causes of action
does not include any property beyond the lines of the area alleging matters insured against by this policy.The Company
described in Schedule A,nor any right,title,interest,estate,or shall have the right to select counsel of its choice(subject to the
casement in abutting streets,roads,avenues,alleys,lanes,ways, right of the Insured to object for reasonable cause)to represent
or waterways,but this does not modify or limit the extent that the Insured as to those stated causes of action. It shall not be
a right of access to and from the Land is insured by this policy. liable for and will not pay the fees of any other counsel.The
(h)"Mortgage":Mortgage,deed of trust,trust deed,or other secu- Company will not pay any fees,costs,or expenses incurred by
rity instrument, including one evidenced by electronic means the Insured in the defense of those causes of action that allege
authorized bylaw. matters not insured against by this policy.
(i) "Public Records": Records established under state statutes at (b) The Company shall have the right, in addition to the options
Date of Policy for the purpose of imparting constructive notice contained in Section 7 of these Conditions, at its own cost, to
of matters relating to real property to purchasers for value and institute and prosecute any action or proceeding or to do any
OP-25 ALTA Owners Policy of Title Insurance 6-17-06(with FLORIDA Modifications)(WLTIC Edition 12/1/17) 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 terms of this policy,whether or not it shall up to the time of payment or tender of payment and that the
be liable to the Insured.The exercise of these rights shall not Company is obligated to pay.
be an admission of liability or waiver of any provision of this
policy.If the Company exercises its rights under this subsection, Upon the exercise by the Company of this option,all liability
it must do so diligently. and obligations of the Company to the Insured under this policy,
(c) Whenever the Company brings an action or asserts a defense other than to make the payment required in this subsection,
as required or permitted by this policy, the Company may shall terminate,including any liability or obligation to defend,
prosecute,or continue any litigation.
pursue the litigation to a final determination by a court of
competent jurisdiction,and it expressly reserves the right, (b)To Pay or Otherwise Settle With Parties Other Than the Insured
in its sole discretion, to appeal any adverse judgment or or With the Insured Claimant.
order. (i)to pay or otherwise settle with other parties for or in the name
6.DUTY OF INSURED CLAIMANT TO COOPERATE of an Insured Claimant any claim insured against under
this policy. In addition, the Company will pay any costs,
(a)In all cases where this policy permits or requires the Company attorneys'fees,and expenses incurred by the Insured 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 securing 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 claimed loss or damage,other than
is prejudiced by the failure of the Insured to furnish the required the payments required to be made,shall terminate,including any li-
cooperation, the Company's obligations.to the Insured under ability or obligation to defend,prosecute,or continue any litigation.
the policy shall terminate,including any liability or obligation
8.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
suffered loss or damage by reason of matters insured against by
submit to examination under oath by any authorized representa-
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, ]r the difference between the value of the Title as insured and
disks,tapes,and videos whether bearing a date before or after ( )
Date of Policy, that reasonably pertain to the loss or damage. the value of the Title subject to the risk insured against by
Further, if requested by any authorized representative of the this policy.
Company, the Insured Claimant shall grant its permission, in (b)If the Company pursues its rights under Section 5 of these Con-
writing, for any authorized representative of the Company to ditions and is unsuccessful in establishing the Title,as insured,
examine,inspect,and copy all of these records in the custody or (i)the Amount of Insurance shall be increased by 10%, and
control of a third party that reasonably pertain to the loss or dam-
age.All information designated as confidential by the Insured (ii) the Insured Claimant shall have the right to have the loss
Claimant provided to the Company pursuant to this Section shall or damage determined either as of the date the claim was
not be disclosed to others unless,in the reasonable judgment of made by the Insured Claimant or as of the date it is settled
the Company,it is necessary in the administration of the claim. and paid.
Failure 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 9.LIMITATION OF LIABILITY
by law or governmental regulation,shall terminate any liability
of the Company under this policy as to that claim. (a) If the Company establishes the Title, or removes the alleged
7.OPTIONS TO PAY OR OTHERWISE SETTLE defect,lien,or encumbrance,or cures the lack of a right of ac-
CLAIMS;TERMINATION OF LIABILITY cess to or from the Land, or cures the claim of Unmarketable
Title, all as insured, in a reasonably diligent manner by any
In case of a claim under this policy, the Company shall have the method,including litigation and the completion of any appeals,
following additional options: it shall have fully performed its obligations with respect to that
(a)To Pay or Tender Payment of the Amount of Insurance.To pay matter and shall not be liable for any loss or damage caused to
the Insured.
OP-25 ALTA Owners Policy of Title Insurance 6-17-06(with FLORIDA Modifications)(WLTIC Edition 12/1/17) 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
urination 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
the 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
request.
All payments under this policy, except payments made for costs,
attorneys'fees,and expenses,shall reduce the Amount of Insurance 15.LIABILITY LIMITED TO THIS POLICY; POLICY
by the amount of the payment, ENTIRE CONTRACT
ll.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 Coin- Insured and the Company.in interpreting airy provision of this
pany pays under any policy insuring a Mortgage to which exception policy, this policy shall be construed as a whole.
is taken in Schedule B or to which the Insured has agreed,assumed,
or taken subject,or which is executed by an Insured after Date of (b)Any claim of loss or damage that arises out of the status of the
Policy and which is a charge or lien on the Title,and the amount Title or by any action asserting such claim whether or not based
so paid shall be deemed a payment to the Insured under this policy. on negligence shall be restricted to this policy.
12.PAYMENT OF LOSS (c)Any amendment of or endorsement to this policy must be in
writing and authenticated by an authorized person,or expressly
When liability and the extent of loss or damage have been definitely incorporated by Schedule A of this policy.
fixed in accordance with these Conditions, the payment shall be (d)Each endorsement to this policy issued at any time is made a
made within 30 days, part of this policy and is subject to all of its terms and provi-
13.RIGHTS OF RECOVERY UPON PAYMENT OR cions. Except as the endorsement expressly states, it does not
SETTLEMENT (i) modify any of the terms and provisions of the policy, (ii)
modify any prior endorsement,(iii)extend the Date of Policy,
(a) Whenever the Company shall have settled and paid a claim or(iv)increase the Amount of Insurance.
under this policy, it shall be subrogated and entitled to the
rights of the Insured Claimant in the Title and all other rights 16.SEVERABILITY
and remedies in respect to the claim that the Insured Claimant In the event any provision of this policy,in whole or in part,is held
has against any person or property,to the extent of the amount invalid or unenforceable under applicable law,the policy shall be
of any loss, costs, attorneys' fees, and expenses paid by the deemed not to include that provision or such part held to be invalid,
Company.If requested by the Company,the Insured Claimant but all other provisions shall remain in full force and effect.
shall execute documents to evidence the transfer to the Com-
pany of these rights and remedies.The Insured Claimant shall 17.CHOICE OF LAW; FORUM
permit the Company to sue,compromise,or settle in the name (a) Choice of Law: The Insured acknowledges the Company has
of the Insured Claimant and to use the name of the Insured
underwritten the risks covered by this policy and determined
Claimant in any transaction or litigation involving these rights the premium charged therefor in reliance upon the law affecting
and remedies, interests in real property and applicable to the interpretation,
If a payment on account of a claim does not fully cover the loss rights, remedies,or enforcement of policies of title insurance
of the Insured Claimant,the Company shall defer the exercise of the jurisdiction where the Land is located.
of its right to recover until after the Insured Claimant shall Therefore, the court or an arbitrator shall apply the law of the
have recovered its loss, jurisdiction where the Land is located to determine the validity
(b)The Company's right of subrogation includes the rights of the of claims against the Title that are adverse to the Insured and
Insured to indemnities,guaranties,other policies of insurance, to interpret and enforce the terms of this policy.In neither case
or bonds, notwithstanding any terms or conditions contained shall the court or arbitrator apply its conflicts of law principles
in those instruments that address subrogation rights. to determine the applicable law.
14.ARBITRATION (b)Choice of Forum:Any litigation or other proceeding brought
Unless prohibited by applicable law, arbitration pursuant to the by the Insured against the Company must be filed only in a
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 12/1/17) 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
ALTA 6-17-06 OWNER'S POLICY (WITH FLORIDA MODIFICATIONS)
SCHEDULE A
File Number: Policy Number: Date of Policy: Premium: Amount of Insurance:
46082515 OP-25-FL1394- 6/18/2018 @ 9:04 AM $100.00 $12,780.00
6814671
Property Type:
State: Florida, County: INDIAN RIVER
Address Reference: 2785 49th Street, Vero Beach, FL 32967
1. Name of Insured:
Indian River County, a political subdivision of the State of Florida
2. The estate or interest in the Land that is insured by this policy is: FEE SIMPLE
3. Title is vested in:
Indian River County, a political subdivision of the State of Florida
4. The Land referred to in this policy is described as follows:
PARCEL 104 (15 FOOT RIGHT OF WAY ACQUISITION)
A PORTION OF THOSE LANDS LYING IN SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39
EAST, AS DESCRIBED IN OFFICIAL RECORDS BOOK 2547, PAGE 2134, OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER, OF THE SOUTHEAST QUARTER, OF SAID
SECTION 22; THENCE RUN SOUTH 00 DEGREES 00 MINUTES 29 SECONDS WEST, ALONG
THE EAST LINE OF SAID SECTION 22, A DISTANCE OF 25.00 FEET TO A POINT ON THE
SOUTH RIGHT OF WAY LINE OF 49TH STREET PER PLAT BOOK 10, PAGE 15, OF THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, FOR A POINT OF BEGINNING;
THENCE CONTINUE SOUTH 00 DEGREES 00 MINUTES 29 SECONDS WEST, ALONG SAID
EAST LINE, A DISTANCE OF 15.00 FEET; THENCE DEPARTING SAID EAST LINE RUN NORTH
89 DEGREES 59 MINUTES 31 SECONDS WEST, PARALLEL WITH SAID SOUTH RIGHT OF
WAY LINE, A DISTANCE OF 284.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF
28TH COURT, PER PLAT BOOK 3, PAGE 53, OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA; THENCE RUN NORTH 00 DEGREES 00 MINUTES 29 SECONDS EAST,
ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 15.00 FEET TO A POINT ON THE
AFORESAID SOUTH RIGHT OF WAY LINE OF 49TH STREET; THENCE DEPARTING SAID
EAST RIGHT OF WAY LINE, RUN SOUTH 89 DEGREES 59 MINUTES 31 SECONDS EAST,
ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 284.00 FEET TO THE POINT OF
BEGINNING.
Note: This policy is of no force and effect unless Schedule A and Schedule B are attached together with any added pages
incorporated by reference.
OP-25S/ALTA 6-17-06 Owner's Policy Schedule A and B(With Florida Modifications) (WLTIC Edition 1/26/11)
Our File No.:46082515
hTF-I
ALTA 6-17-06 OWNER'S POLICY (WITH FLORIDA MODIFICATIONS)
Policy No.OP-25-FL1394-6814671
File No.:46082515
SCHEDULE B
EXCEPTIONS FROM COVERAGE
Except as provided in Schedule B - Part II, this policy does not insure against loss or damage, and the Company will not
pay costs, attorneys'fees, or expenses that arise by reason of:
1. Rights or claims of parties in possession not shown by the Public Records.
2. Encroachments, overlaps, boundary lines disputes, and other matters which would be disclosed by an
accurate survey and inspection of the premises.
3. Easements or claims of easements not shown by the Public Records.
4. Taxes or special assessments which are not shown as existing liens by the public records.
5. Taxes and assessments for the year 2018 and subsequent years, which are not yet due and payable.
6. Temporary Constructions Easement recorded in Official Records Book 2944, Page 459, of the Public
Records of Indian River County, Florida.
Note:This policy is of no force and effect unless Schedule A and Schedule B are attached together with any added pages
incorporated by reference.
OP-25S/ALTA 6-17-06 Owners Policy Schedule A and B(With Florida Modifications) (WLTIC Edition 1/26/11)
Our File No.:46082515
LTF-1
A. Settlement Statement U.S.Department of Housing �
and Urban Development OMB Approval No.2502-0265
B.Type of Loan
1.0 FHA 2.0 RHS 3,0 Conv,Unins. 6.File Number 7.Loan Number 8.Mortgage Insurance Case Number
4.0 VA 5.0 Conv.Ins. 46082515
C.Note: This form is furnished to give you a statement of actual settlement costs.Amounts paid to and by the settlement agent are shown.Items
marked'(p.o.c.)"were paid outside the closing;they are shown here for information purposes and are not included in the totals.
D.Name and Address of Borrower E.Name and Address of Seller F.Name and Address of Lender
Indian River County, Thomas Reno
1801 27th Street Lucien Page
Vero Beach,Florida 32960 1340 Poitras Drive
Vero Beach,Florida 32963
•
G.Property Location H,Settlement Agent
2785 491h Street • Atlantic Coastal Land Title Company,LLC
Vero Beach,Florida 32967 855 21st St.Suite C,Vero Beach,FL 32560
Place of Settlement I.Settlement Dale
855 21st Street 06/13/18
INDIAN RIVER Suite C
Vero Beach,Florida 32960 . .
.1.SUMMARY OF BORROWER'S TRANSACTION: K.SUMMARY OF SELLER'S TRANSACTION:
100. GROSS AMOUNT DUE FROM BORROWER 400. GROSS AMOUNT DUE TO SELLER
101. Contract sales price 12,780.00 401. Contract sales price 12,780,00
102. Personal property 402. Personal property
103. Settlement charges to borrower(line 1400) 1,127.10 403.
104. 404.
105, 405.
Adjustments for Items paid by seller In advance Adjustments for Items paid by seller in advance
106. City/town taxes to 406. City/town taxes to
107. County taxes to 407. County taxes to
108. Assessments to • 408. Assessments to
109. 409. _
110. 410.
111. 411.
112. 412.
120. GROSS AMOUNT DUE FROM BORROWER 13,907.10 420. GROSS AMOUNT DUE TO SELLER . 12,780.00
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER 500. REDUCTIONS IN AMOUNT TO SELLER
201. Deposit or earnest money 501. Excess Deposit(see Instructions)
202. Principal amount of new loan(s) 502. Settlement charges to seller(line 1400) 0.00
203. Existing loan(s)taken subject to 503. Existing loans taken subject to
204, 504. Payoff of first mortgage loan 12,780.00
_ to Select Portfolio Servicing
205. 505. Payoff of second mortgage loan
206. 506.
207, 507.
208. 508.
209, 509.
Adjustments for items unpaid by seller Adjustments for Items unpaid by seller
210. City/town taxes to 510. City/town taxes to
211. County taxes to 511. County taxes to
212. Assessments to 512. Assessments to
213. 513.
214. 514.
215. 515.
216. _ _ 516. _
217. _517.
218. 518..
219. 519.
220. TOTAL PAID BY/FOR BORROWER 520. TOTAL REDUCTION AMOUNT DUE SELLER 12,780.00
300. CASH AT SETTLEMENT FROM OR TO BORROWER 600. CASH AT SETTLEMENT TO OR FROM SELLER
301. Gross amount due from borrower(line 120) 13,907.10 _601. Gross amount due to seller(line 420) 12,780.00
302. Less amounts paid by/for borrower(line 220) 602. Less reduction amount due to seller(line 520) 12,760.00
303. CASH FROM BORROWER 13,907.10 603. CASH TO SELLER 0.00
•
-06-06-2018 at 11:30 AM form HUD-1(3/86)ref Handbook 4305,2
U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT PAGE z
L.SETTLEMENT CHARGES: File Number:46082515 PAID FROM PAID FROM
700. TOTAL SALES/BROKER'S COMMISSION based on price b @ = BORROWER'S SELLER'S
FUNDS AT FUNDS AT
Division of commission(line 700)as follows: SETTLEMENT SETTLEMENT
701. $ to
702. $ to
703. Commission paid at Settlement
704.
800. ITEMS PAYABLE IN CONNECTION WITH LOAN P.D.C.
801. Loan Origination Fee
802. Loan Discount
803. Appraisal fee to
804. Credit report to
805. Lender's inspection fee to _
806. Mtg.Ins.application fee to
807. Assumption fee to
808.
809.
'810.
811.
812.
813.
814.
815.
900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE •
901. Interest from to @$ /day
902. Mortgage insurance premium to
903. Hazard insurance premium yrs.to
904.
905.
1000. RESERVES DEPOSITED WITH LENDER FOR
1001. Homeowner's Insurance mo.@5 1 mo.
1002. Mortgage insurance mo.@$ /mo.
1003. City property taxes mo.@$ /mo.
1004. County property taxes mo.@$ /mo.
1005. Annual Assessments mo.@0 /mo.
1006. mo.(dy$ Imo.
1007. mo.@$ /mo.
1008. Aggregate Reserve for Hazard/Flood Ins,City/County Prop Taxes,Mortgage Ins&Annual Assessments _
1100. TITLE CHARGES
1101. Settlement or closing fee to Atlantic Coastal Land Title Company,LLC 750.00
1102. Abstract or title search to Atlantic Coastal Land Title Company,LLC 85.00
1103. Tine examination to •
1104. Title insurance binder to
1105. Document preparation to
1106. Notary fees to
1107. Attorney's fees to
(includes above item No:
1108. Title Insurance to Atlantic Coastal Land Title Company,LLC 100.00
(includes above item No:
1109. Lender's coverage
1110. Owner's coverage 12,700.00-100.00
1111. Digital Archive/File Scan Fee Forensis 35.00
1112. Wire Fee CenterState 32.00
1113.
1200. GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Recording fees Deed$ 35.50 ;Mortgage$ ;Releases$ 35.50
1202. City/county/stamps Deed$ ;Mortgage$
1203. State tax/stamps Deed S 89.60 ;Mortgage$ 89.60
1204. Intangible Tax Deed 5 ;Mortgage$
1205.
1300. ADDITIONAL SETTLEMENT CHARGES
1301. Survey to
1302. Pest inspection to
1303.
1304.
1305.
1306.
1307.
1308.
1400. TOTAL SETTLEMENT CHARGES (enter on lines 103 and 502,Sections.1 and K) 1,127.10 0.00
-06-06-2018 at 11:30 AM form HUD-1(3/86)ref Handbook 4305.2
HUD-1 SETTLEMENT STATEMENT
File Number: 46082515
I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it
is a true and accurate statement of all receipts and disbursements made on my account or by me in this
transaction.I further certify that I have received a copy of the HUD-1 Settlement Statement.
Buyer
I '7
.T1 Ri7er CTanty, /7 ,,,
1 /
/ /.,/, •;,/,-,..,—; --...,.. //,/ / ,,,,„,/2
'William K.DeBraal,Deputy County Attorney
In the event a proration of taxes is necessary when the tax bills for the current year are prepared, the
parties agree to handle said re-prorations between themselves. •
Seller
/2.,_____...
Thomas Reno
Settlement Agent
The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction.
I have caused or will cause the funds to be disbursed in accordance with this statement.
Atlantic Coastal Land Title Company,LLC
By:
Date:June 13th,2018
....0"..
. ,