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HomeMy WebLinkAbout2018-002A3120180008114 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3091 PG: 1801 Page 1 of 4 2112/2018 9:12 AM D DOCTAX PD $140.00 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.: 48053658 Property Appraisers Parcel identification (Folio) Number: 31-39-31-410000-7000-00010.07 Florida Documentary Stamps in the amount of $140.00 have been paid hereon. Space above this line for Recording Data THIS WARRANTY DEED, made the '? day of February, 2018, by Kirk Madsen and Nancy Jo Madsen, husband. and wife, whose post office address is 7855 66th Avenue, Vero Beach, Florida 32967, herein called the Grantors, to Indian River County, a Political Subdivision of d.he State of Flor?da, whose post office address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter called the Grantee: (TT7terever used herein the teens "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns o/ individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the Grantors, for and in consideration of the sum of Ten and 001100 ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms onto the Grantee all that certain land situate in INDIAN RIVER County, State of Florida, viz.: Right of way Parcel All that certain piece, Parcel or Tract of land situate, lying and being a portion of Section 31, Township 31 South, Range 39 East, Indian River County, Florida; said lands being more particularly described as follows, to wit: Commencing for reference at the Southeast corner of said Section 31;Thence, bearing North 00 degrees 32 minutes 54 seconds East, along the East line of said Section 31, a distance of 1,255.42 feet to a point; Thence, leaving said East fine, bearing North 89 degrees 27 minutes 06 seconds West, a distance of 30.00 feet to the point and Place of Beginning of the herein described Parcel; Thence, bearing North 89 degrees 52 minutes 55 seconds West, a distance of 129.79 feet to a point; Said point being the beginning of a non tangent curve concave Easterly, having a radius of 3,080.00 feet, a central angle of 00 degrees 27 minutes 55 seconds, a chord length of 25.01 feet bearing North 01 degrees 27 minutes 12 seconds East; Thence, Northerly along the are of said curve, a distance of 25.01 feet to a point on the South line of the lateral 14E canal; Thence, bearing South 89 degrees 52 minutes 55 seconds East, along said South line, a distance of 129.40 feet to a point on the West right of way line of 66th Avenue; Thence, leaving said South line, bearing South 00 degrees 32 minutes 54 seconds West, along said West right of way line, a distance of 25.00 feet to the Point cX Beginning. Subject to easements, restrictions and reservations of record and taxes for the year 2015 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the sarne in fee simple forever. AND, the Grantors hereby covenant with said Grantee that the Grantors are lawfully seized of said land in fee simple; that the Grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against the laNvful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accreting subsequent to December 31, 2017. File No.: 48083658 r.TP IN WITNESS WHEREOF, the said Grantors have signed, and sealed these presents the day and year first above written. State of Florida County of Indian River Nancy Jo In -Fact, Nancy Jo Madsen The foregoing instrument was acknowledged before me this _J day of Februar by Kirk Madsen, by his Attorney -In -Fact, Nancy Jo Madsen; and Nancy Jo Madsen, who ar ersonally known to a or have produced as identification. SEAL My A�Pµv r"• JASON A. BEAL u Notary Public - S!ate of Florida « Commissiem # GG 017550 My Comm. Expires Oct 11, 2020 Bonded through National Notary Assn, File No.: 48083658 Z��zNotary Public Printed Notary Name (.TF LEGAL DESCRIPTION RIGHT OF WAY PARCEL ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE SOUTHEAST CORNER OF SAID SECTION 31; THENCE, BEARING NORTH 00'32'54" EAST, ALONG THE EAST LINE OF SAID SECTION 31, A DISTANCE OF 1,255.42 FEET TO A POINT; THENCE, LEAVING SAID EAST LINE BEARING NORTH 89'27'06" WEST, A DISTANCE OF 30.00 FEET TO THE POINT ANIS PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING NORTH 89'52'55" WEST, A DISTANCE OF 129.79 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 3,080.00 FEET, A CENTRAL ANGLE OF 00'27'55", A CHORD LENGTH OF 25.01 FEET BEARING NORTH 01'27'12" EAST; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 25.01 FEET TO A POINT ON THE SOUTH LINE OF THE LATERAL 14E CANAL; THENCE, BEARING SOUTH 89'52'55" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 129.40 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF 66TH AVENUE; THENCE, LEAVING SAID SOUTH LINE, BEARING SOUTH 00'3254" WEST, ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 25,00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 3,240 SQUARE FEET OR 0.07 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. SURVEYORS NOTE 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST LINE OF SECTION 31. SAID LINE BEARS NORTH 00'32'54" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. DATE WASam=KlmleyH7/10/17 LEGAL DESCRIPTION AND SKETCH OF tjA Q am �macxx�x PARCEL 154 2OF2 H'xmaaae'�'nz=swvNs' 04703W5041 INDIAN RIVER COUNTY, FLORIDA w'nxrcn-tv�aw 66TH AVENUE N PARCEL 154 W > E M 0 10p ui GRAPMCSCALE n V) w LATERAL 14E CANAL +- CANAEL SOUTH UNE 14E CANAL L3 w C7 J _ L1 M 31393100000700000 A0.1 P. .B. ORB 1198, PG 1745 PARCEL 154 3,240 S4, FT. 0.07 ACRES 30' w 5' Uj I w Z Z ltn w LL I =1 SECTION 31, TOWNSHIP 31 0 Q L- I � � SOUTH, RANGE 39 EAST a to o w c0 a E CO M I j � I in N in M W P.O.C. M S.E. CORNER SECTION 31 _ TOWNSHIP 31 SOUTH Z _ TOWNSHIP 32 SOUTH 77th STREET >SFL 6 6 N d t CURVE TABLE CURVE LENGTH RADIUS ANGELA CHORD BEARING DELTA 01 25.01 3080.00 1250 25.01 N01'27'12"E 0'27'55" LEGEN SECTON LINE m — -- — EASEMENT UNE PROPERTY UNE .� PROPOSED RIGHT OF WAY PARCEL — — RIGHT OF WAY UNE P, O.C. POINT OF COMMENCEMENT We cwtMes that a legal descrlptkn and stretch of the property shown P.O.B. POINT OF BEGINNING hereon was made under my svporvalon and that tbie legal claw*ltion R W RIGHT OF WAY and sketch meets the standards ofproatke set forth by the Rafda &card of pmfessfonal Surreymv and Mappers n Chapter SJ—t7, ftorida PG PAGE Admfafstrafim Lode. pursuant to Section 472027. Fkrlda statutes, and $ ORB OFFICIAL RECORDS BOOK that this droving is a tare and accurate mpreaentatlon thereof to the TCE TEMPORARY CONSTRUCTION best of my knowledge o:�d Defle% Subket to not , nota0ons shown navmon. EASEMENT FOOT FLORIDA DEPARTMENT OF— TRANSPORTATION SECT. SECTION t~a. DEMEIM ps:N. M 1719 7 &ATE 31.71.. i then �Id govt fwd M ,a and the offgbrof raised soot of a Rodd+ 6 B' ora KimlepoHorn 7/to/17 LEGAL DESCRIPTION AND SKETCH OF oar s mn imacr xaa wa �w� am PARCEL 154 1 OF 2 °H°�'" em "eQ` 7rrx 7"-Am u' M-70"IX a,��pupgi INDIAN RIVER COUNTY, FLORIDA LINE TABLE LINE LENGTH BEARING L1 30.00 N89'27'06"W L2 129.79 NB '52'55"W L3 129.40 S89`52'55"E L4 25.00 500'32'54"W p WESTCOR POLICY NO. LAND TITLE INSURANCE COMPANY _ OP-25-FL1394-6621900 OWNER'S POLICY OF TITLE INSURANCE (with Florida Modifications) 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 EXCLUSIONSTROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, Westeor 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 doctnnent 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 lienof 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 * 48083658 [:��iYi iLi):+fwd%iii�i�t�i%�tYi1iKJ',►;tfi[iI';�itilTa����� Atlantic Coastal Land Title Company, LLC �} 855 21st Street, Suite C �`�"`.EI"S1� By: � Y"I u►V� Vero Beach, FL 32960 =�SEAt'� aside t to Im lie .Ys�*�' Attest: Secret y OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1117) Page t 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. All 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, pennit, 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 govermnental 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 oil 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 12/1/17) 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 11 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 constric- 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 casement 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, bust 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 propose 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. 0) "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 12/1/17) Page 3 CONDITIONS - CONTINUED ft,ft+ -- 4 1_1 A _ er ac a op n on may c necessary or es e 10 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 tinder 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 adrninistration 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 tinder 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, attoimeys'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 dainage 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 tinder 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 tinder 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 itle 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- 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 tine 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 frilly cover the loss of tine 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 sittls of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained fiom 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 terns 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 terns 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 -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 48083658 OP-25-FL1394- 2/12/2018 @ 9:12 AM $115.00 6621900 Property Type: State: Florida, County: INDIAN RIVER Address Reference: 7855 66th Avenue, Vero Beach, Florida 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: Right of way Parcel Amount of Insurance: $20,000.00 All that certain piece, Parcel or Tract of land situate, lying and being a portion of Section 31, Township 31 South, Range 39 East, Indian River County, Florida; said lands being more particularly described as follows, to wit: Commencing .for reference at the Southeast corner of said Section 31;Thence, bearing North 00 degrees 32 minutes 54 seconds East, along the East line of said Section 31, a distance of 1,255.42 feet to a point; Thence, leaving said East line, bearing North 89 degrees 27 minutes 06 seconds West, a distance of 30.00 feet to the point and Place of Beginning of the herein described Parcel; Thence, bearing North 89 degrees 52 minutes 55 seconds West, a distance of 129.79 feet to a point; Said point being the beginning of a non tangent curve concave Easterly, having a radius of 3,080.00 feet, a central angle of 00 degrees. 27 minutes 55 seconds, a chord length of 25.01 feet bearing North 01 degrees 27 minutes 12 seconds East; Thence, Northerly along the arc of said curve, a distance of 25.01 feet to a point on the South line of the lateral 14E canal; Thence, bearing South 89 degrees 52 minutes 55 seconds East, along said South line, a distance of 129.40 feet to a point on the West right of way line of 66th Avenue; Thence, leaving said South line, bearing South 00 degrees 32 minutes 54 seconds West, along said West right of way line, a distance of 25.00 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 1 ALTA 6-17-06 Owner's Policy Schedule A and B (With.Florida Modifications) Our File No.: 48083658 (WLTIC Edition 1/26111) ALTA 6-17-06 OWNER'S POLICY (WITH FLORIDA MODIFICATIONS) Policy No. OP-25-FL1394.6621900 File No.: 48083658 SCHEDULE B EXCEPTIONS FROM COVERAGE Except as provided in Schedule B - Part 11, 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. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer or gas system supplying the insured land. 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.: 48083658 A. Settlement Statement U.S. Department of Housing and Urban Development OMB Approval No. 2502-0265 B. Type of Loan 1. ❑ FHA 2. ❑ RHS 3. ❑ Conv. Unins. 4. ❑ VA ' 5. ❑ Conv. Ins. 6. File Number 48083658 7. Loan Number 8. Mortgage Insurance Case Number 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 Indian River County, a Political Subdivision of the State of Florida 1801 27th Street Vero Beach, Florida 32960 E. Name and Address of Seller Kirk Madsen Nancy Jo Madsen 7855 66th Avenue Vero Beach, Florida 32967 F. Name and Address of Lender G. Property Location 7855 66th Avenue Vero Beach, Florida 32967 INDIAN RIVER H. Settlement Agent Atlantic Coastal Land Title Company, LLC 855 21 st St. Suite C, Vero Beach, FL 32960 Place of Settlement 655 21st Street Suite C Vero Beach, Florida 32960 I. Settlement Date 02/07/18 J. 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 20,000.00 401. Contract sales price 20,000.00 102. Personal property 402. Personal property 103. Settlement charges to borrower line 1400 726.50 403. 104. 404. 105. 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance 106. Cit /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 20,726.50 420. GROSS AMOUNT DUE TO SELLER 20,000.00 200.: 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) 3,413.71 203.:, Existing loan(s) taken subject to 503. Existing loans taken subject to 204. 504. Payoff of first mortgage loan 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. Cit /town taxes to 510. Cit /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 3,413.71 300. CASH AT SETTLEMENT FROM OR TO BORROWER 600. CASH AT SETTLEMENT TO OR FROM SELLER 301. Gross amount due from borrower line 120 20,726.50 601. Gross amount due to seller line 420 20,000.00 302. Less amounts paid by/for borrower line 220 602. Less reduction amount due to seller line 520 3,413.71 303. CASH FROM BORROWER 20,726.50 603. CASH TO SELLER 16,586.29 -01-31-2018 at 3:11 PM form HUD -1 (3/86) ref Handbook 4305.2 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT PAGE 2 700. L. SETTLEMENT CHARGES: File Number: 48083658 TOTAL SALES/BROKER'S COMMISSION based on price $ Division of commission line 700 as follows: @-_ PAID FROM BORROWER'S FUNDS AT SETTLEMENT PAID FROM SELLER'S FUNDS AT SETTLEMENT 701. 702. $ to $ to 703. Commission paid at Settlement 704. 800. ITEMS PAYABLE IN CONNECTION WITH LOAN P.O.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. Assum tion,fee to 808. 809. 810. 811. 812. 813. 814. 815. 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest from I to $ /day 902. Mortgage insurance premium to 903. Hazard insurance premium yrs.to 904. 905. 1000. RESERVES DEPOSITED WITH LENDER FOR 1001. Homeowners insurance mo. $ / mo. 1002. Mortgage insurance mo. $ /mo. 1003. City propertytaxes mo. $ / mo. 1004. County roe taxes mo. $ / mo. 1005. Annual Assessments mo. $ /mo. 1006. mo. $ / mo. 1007. mo. $ / mo. 1008. Aggregate Reserve for Hazard/Flood Ins, City/County City/CountyProp Taxes, Mortgage Ins & Annual Assessments 1100. TITLE CHARGES 1101. Settlement or closing fee to Atlantic Coastal Land Title Company, LLC 300.00 1102. Abstract or title search to Atlantic Coastal Land Title Company, LLC 85.00 1103. Title 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 115.00 1109. 1110. includes above item No: Lender's coverage Owners coverage 20,000.00 - 115.00 1111. Digital Archive/LandTech Fee Forensis/LandTech 35.00 1112. Win: Fee CenterState Bank 16.00 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 $ 140.00 ; Mortgage $ 140.00 1204. Intangible Tax Deed $ ; Mortgage $ 1205. Record POA Affidavit 44.00 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey to 1302. Pest inspection to 1303. 1304. 2017 Real Estate Taxes Indian River County Tax Collector 3,369.71 1305. 1306. 1307. 1308. 1400. TOTAL SETTLEMENT CHARGES enter on lines 103 and 502, Sections J and 726.50 3,413.71 01-31-2018 at 3:11 PM form HUD -1 (3/86) ref Handbook 4305.2 HUD -1 SETTLEMENT STATEMENT File Number: 48083658 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 -I Settlement Statement. Buyer Indian 'ver WFKxl illiam 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. Sellers j Kirk Madsen, by his Attorney -In -Fact, Nancy Jo Madsen Nancy Jo Madsen 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: February 7th, 2018 HUD -1 SETTLEMENT STATEMENT File Number: 48083658. 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. Hurffier certify thatI have.received a copy of the HUD -1 Settlement Statement. Buyer I r - Wiliiairn K. DeBraa-1, 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 -proration between themselves. Sellers Mirk Madsen,fyhidmtome4�6, NancyJoMadsen Nancy Jo adsen/ Settlement Agent The HUD -1 Settlement Statement which 1. haveprepared 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 Compares, LLC By: g� JZ Date: February 7th, 2018