Loading...
HomeMy WebLinkAbout2018-012A3120180024350 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3110 PG: 96 Page 1 of 4 4232018 9:10 AM D DOCTAX PD $108.50 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.: 48083683 Property Appraisers Parcel Identification (Folio) Number: 32-39-05-00001-0040-00004/0 Florida Documentary Stamps in the amount of $108.50 have been paid hereon Space above this line for Recording Data WARRANTY DEED THIS WARRANTY DEED, made the /ay of April, 2018, by Karen S. Beck, joined by Scott Beck, her husband, whose post office address is 7580 66th Avenue, Vero Beach, FL 32966, 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 patties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the Grantor, for and in consideration of the sum of Ten and 00/100 ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in INDIAN RIVER County, State of Florida, viz.: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Subject to easements, restrictions and reservations of record and taxes for the year 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.: 48083683 r.rF IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Wi ss # igna -I- m e iz s =Pride , &C4 (Seat) Karen S. Beck it #2 Si a re // (Seal) I U Scott Beck Wi ness #2 Printed Nal e State of Florida County of Indian River The foregoing instrument was acknowledged before me this day of April, 201 KBeck, joined by Scott Beck, her husband, who is personally known to me or has produced 0 as identification. 7 SEAL / A /V/ , My Commission Expires: R ROSEMARY VIGLMO My COMMISSION # FF231847 AAAR EXPEZES: May 17, 2019 File No.: 48083683 r.rF a ' ­"'_EO9Fl.QRIp I 11411 'VER COUNTY PHIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF ! THE ORIGINAL ON FILE IN THIS iOFFICE. JEFFREY . CLER =GAL DESCRIPTION IGHT OF WAY PARCEL ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF TRACT 4, SECTION 5 TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST .GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN. PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY. DESCRIBED AS FOLLOWS, TO WIT; BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH 17.11. ACRES OF SAID TRACT 4, THENCE, BEARING SOUTH 89'50'32" EAST, ALONG THE NORTH LINE OF SAID SOUTH 17.11 ACRES OF TRACT 4, A DISTANCE OF 17.40 FEET TO A POINT; THENCE, LEAVING SAID NORTH LINE, BEARING SOUTH 00'32'02" WEST, A DISTANCE OF 99.00 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE WESTERLY,' HAVING A RADIUS OF 3,073.00 FEET, A CENTRAL ANGLE OF 06'06'01", A CHORD LENGTH OF 327.02 FEET BEARING SOUTH 03'35'04° WEST; THENCE. SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 327.18 FEET TO A POINT ON THE WEST LINE OF SAID TRACT 4; THENCE, BEARING NORTH 00'32'02" EAST, NON—TANGENT TO LAST DESCRIBED CURVE, ALONG SAID WEST LINE, A DISTANCE OF 425.46 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 5,512 SQUARE FEET OR 0.13 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. SURVEYORS NOTES 1) THIS 1S A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST UNE OF SECTION 6. SAID LINE BEARS NORTH 00'32'02" 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. g SHEET SAT KifCOley)))Ho�" C1 7„O ATE LEGAL DESCRIPTION AND SKETCH OF N°"80P 1p ;;;6� , mm Na PARCEL 122 2 OF 2 maw 7M7ffFAA 7m-Tw-41w 04703SO41 INDIAN RIVER COUNTY, FLORIDA N W > E 0 S I00' GRAPHIC SCALE All eco EXHIBIT A CURVE TABLE CURVE LENGTH RADIUS ANGELA CHORD BEARING DELTA C1 327.18 3073.00 183.74 1 327.02 I S03'35104"W I 06.06'0 " SOUTH LINE OF THE 17.4Q' NORTH 20 ACRES • S88• a'32"E TRACT 4 P.0 B. NORTH UNE OF THE iv. SOUTH 17.11 ACRES 20• o g TRACT 4 30' I w qq PARCEL 122 o= t3 5,513 S4.FT. 0.13 ACRES (no�z(nmw= iz oz_ n VW Ld w mN w n� acno 8 1 C Icn z m ' 0 w ,z s LLJ 3 ' l Z '. 32380500001004000004.0 a� Z I U ORB 2238, PG 2456 W.> Q d z _TRACT 4 < INDIAN RIVER FARMS CO. CD J �r PLAT BOOK 2, PAGE 25 w (ST. LUCIE) O 50 50'x= b y6 g LEGEND SECTION LINE — — — EASEMENT LINE PROPERTY LINE .� .�,. PROPOSED RIGHT OF WAY PARCEL — _ RIGHT OF WAY'UNE P.O.C. POINT OF COMMENCEMENT P.0.8. POINT OF BEGINNING R/W RIGHT OF WAY ORB OFFICIAL RECORDS BOOK Thh, c&Wfw that a /epd desa*Um and sketch of the prcperly sham hemm was made w+der my mpenfafm and that this /so dssor$ntion and sketch meets the standards of p=Uae set hwdh by the Ploddo Board of ProFesdand Surretora and Akpprs In Chapter 5d--17, nortda Arkntntstrotha Cada Pursuant to Suction 472.027, Marfda Statutes, and that thts &vwfng k a trve" and vocamto repressn on Nareof to the bea! of my /mowledpe and belief. 55rb}tot ea and nata!lona shown heroon. — PG PAGEt»Q 0EME7M ASM. jl0. 5179 FOOT FLORIDA DEPARTMENT OF JUL2zoi% TRANSPORTATION . Oq7� JU SECT. SECTION Not vaW without the Wirature and fire rlykrd raised seof of o Raddo Uooneed Sur -yr and M of t amu )` iaw-- PO Kimleym �orn 7/1Q/17 LEGAL DESCRIPTION AND SKETCH OF '�T SWRER 2 D "r PARCEL122 1 OF 2 et, atv �on "`=...X"cna Pw&= NQ E 'Nommdim T?" - my 04-703W41 INDIAN RIVER COUNTY, FLORIDA M-WESTCOR POLICY NO. LAND TITLE INSURANCE COMPANY OP-25-FL1394-6765368 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: L 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 * 48083683 Atlantic Coastal Land Title Company, LLC � By , y AV" /�rV Qt0"�•Nw�(' � 855 21st Street, Suite C Vero Beach, FL 32960 ' S'y SEAL�f, elide t _odiol��'j, 7983 y ?O. C0.0fb3' * Attest: mn"AW Secret. y OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) 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. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforce- ment action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or at- tached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage (a) created, suffered, assumed, or agreed to by the Insured of this policy, and the Company will not pay loss or damage, costs, Claimant; attorneys' fees, or expenses that arise by reason of: (b) not Known to the Company, not recorded in the Public Re - 1. (a) Any law, ordinance, permit, or governmental regulation cords at Date of Policy, but Known to the Insured Claimant (including those relating to building and zoning) restricting, regulat- and not disclosed in writing to the Company by the Insured ing, prohibiting, or relating to Claimant prior to the date the Insured Claimant became an Insured under this policy; (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improve- ment erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (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 claire, 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) Any govenunental 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. 2. Rights of eminent domain. This Exclusion does not modify or 5. Any lien on the Title for real estate taxes or assessments imposed limit the coverage provided under Covered Risk 7 or 8. by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other 3. Defects, liens, encumbrances, adverse claims, or other matters instrument of transfer in the Public Records that vests Title as shown in Schedule A. OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page 2 CONDITIONS 1. DEFINITION OF TERMS The following tenns 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 1 I of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (e) "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 frorn 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 constr e- tive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constrictive 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, trust deed, or other secu- rity instrument, including one evidenced by electronic means authorized bylaw. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. 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) (WLT1C Edition 12/1/17) Page 3 CONDITIONS - CONT.iNUED other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropri- ate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceed- ing and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. if the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representa- tive of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its pennission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or dam- age. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to subunit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall tenninate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claim- ant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any li- ability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. . (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Con- ditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Com- pany will also pay those costs, attorneys' fees, and expenses in- curred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of ac- cess to or fiom the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 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 the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SET'T'LEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Com- pany of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration As- sociation may be demanded if agreed to by both the Company and the Insured at the time of a controversy or claim. Arbitrable mat- ters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the Land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim whether or not based on negligence shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provi- sions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the tenns 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 trust 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 0 n y0 CD O ° m z p °_�� to m — m z M n a� Q ,j rn C .n Cn Amb m z N m b �� N O O ALTA 6-17-06 OWNER'S POLICY (WITH FLORIDA MODIFICATIONS) SCHEDULE A File Number: Policy Number: Date of Policy: 48083683 OP-25-FL1394- 4/23/2018 @ 9:10 AM 6765368 Property Type: State: Florida, County: INDIAN RIVER Address Reference: 7580 66th Avenue, Vero Beach, FL 32966 1. Name of Insured: Premium: Amount of Insurance: $100.00 $15,500.00 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 All that certain piece, Parcel or Tract of land situate lying and being a portion of Tract 4, Section 5, Township 32 South, Range 39 East, according to the last general Plat of lands of the Indian River Farms Company as recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie County, Florida, now lying and being in Indian River County, Florida; said lands being more particularly described as follows, to wit; Beginning at the Northwest corner of the South 17.11 acres of said Tract 4, Thence, bearing South 89 degrees 50 minutes 32 seconds East, along the North line of said South 17.11 acres of Tract 4, a distance of 17.40 feet to a point; Thence, leaving said North line, bearing South 00 degrees 32 minutes 02 seconds West, a distance of 99.00 feet to a point; Said point being the beginning of a curve concave Westerly, having a radius of 3,073.00 feet, a central angle of 06 degrees 06 minutes 01 seconds, a chord length of 327.02 feet bearing South 03 degrees 35 minutes 04 seconds West: Thence, Southerly along the arc of said Curve, a distance of 327.18 feet to a point on the West line of said Tract 4; Thence, bearing North 00 degrees 32 minutes 02 seconds East, non -tangent to last described curve, along said West line, a distance of 425.46 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.: 48083683 «-, I . ALTA 6-17-06 OWNER'S POLICY (WITH FLORIDA MODIFICATIONS) I Issued By Atlantic Coastal Land Title Company, LLC 855 21 st Street, Suite C Vero Beach, Florida 32960 772-569-4364 Telephone 772-569-8688 Fax LTF 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.: 48083683 ALTA 6-17-06 OWNER'S POLICY (WITH FLORIDA MODIFICATIONS) Policy No. OP-25-FL1394.6765368 File No.: 48083683 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. 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. 7. Restrictions, reservations, setbacks and easements, if any, as indicated and/or shown on that certain Plat recorded in Plat Book 2, at Page(s) 25, of the Public Records of Saint Lucie County, Florida, said land now lying in 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 Owner's Policy Schedule A and B (With Florida Modifications) (WLTIC Edition 1/26/11) Our File No.: 48083683 A. Settlement Statement U.S. Department of Housing "i r and Urban Development OMB Approval No. 2502-0265 B. Type of Loan 1. C1 FHA 2. ❑ RHS 3. ❑ Conv. Unins. 4. ED VA 5. EJ Conv. Ins. 6. File Number 48083683 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 Karen S. Beck 7580 66th Avenue Vero Beach, Florida 32966 F. Name and Address of Lender G. Property Location 7580 66th Avenue Vera Beach, Florida 32966 INDIAN RIVER H. Settlement Agent Atlantic Coastal Land Title Company, LLC 855 21 st St. Suite C, Vero Beach, FL 32960 Place of Settlement 855 21st Street Suite C Vero Beach, Florida 32960 I. Settlement Date 04/19/18 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 15,500.00 401. Contract sales pdce 15,500.00 102. Personal property 402. Personal property 103. Settlement charges to borrower line 1400 747.50 403. 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. Cit /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 16,247.50 420. GROSS AMOUNT DUE TO SELLER 15,500.00 200. 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) 5,796.21 203. 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. Cil /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 5,796.21 300. CASH AT SETTLEMENT FROM OR TO BORROWER 600. CASH AT SETTLEMENT TO OR FROM SELLER 301. Gross amount due from borrower line 120 16,247.50 601. Gross amount due to seller line 420 15,500.00 302. Less amounts paid by/for borrower line 220 602. Less reduction amount due to seller line 520 5,796.21 303. CASH FROM BORROWER 16,247.50 603. CASH TO SELLER 9,703.79 - 04-16-2018 at 12:05 PM form HUD -1 (3/86) ref Handbook 4305.2 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT PAGE 2 - 04-16-2018 at 12:05 PM form HUD -1 (3/86) ref Handbook 4305.2 L. SETTLEMENT CHARGES: File Number: 48083683 PAID FROM PAID FROM SELLER'S FUNDS AT SETTLEMENT 706. TOTAL SALES/BROKER'S COMMISSION based on price $ - BORROWER'S - FUNDS AT Division of commission line 700 as follows: SETTLEMENT 701. $ to 702. $ 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 re ort 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. $ / mo. 1002. Mortgage insurance mo. $ / mo. 1003. City propertytaxes mo. $ / mo. 1004. County property taxes mo. $ / mo. 1005. Annual Assessments mo. $ / mo. 1006. mo. $ / mo. 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 375.00 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 i 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 1109. 1110. (includes above item No: Lender's coverage Owner's coverage 15,500.00 --- 100.00 1111. Digital Archive/LandTech Fee Forensis/LandTech 35.00 1112. Wire Fee CenterState Bank 1113. Courier Fees Federal Express 45.00 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees Deed $ 44.00 Mortgage $ Releases $ 44.00 1202. Cit /count /slams Deed $ Mortgage $ 1203. State tax/stamps Deed $ 108.50 ; Mortgage $ 108.50 1204. Intangible Tax Deed $ ; Mortgage $ 1205. Same Name Affidavit 18.50 1300, ADDITIONAL SETTLEMENT CHARGES 1301. Survey to 1302. Pest inspection to 1303. 1304. 2017 Real Estate Taxes Indian River County Tax Collector 2,591.50 1305. Payoff Judgment Sebastian Hospital LLC 3,141.21 1306. 1307. 1308. 1400. TOTAL SETTLEMENT CHARGES enter on lines 103 and 502, Sections J and K 747.50 5,796.21 - 04-16-2018 at 12:05 PM form HUD -1 (3/86) ref Handbook 4305.2 HUD -1 SETTLEMENT STATEMENT File Number: 48083683 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 River William K. DeBraal, Deputy County Attorney In the .event a proration of taxes is necessary when the tax bills for the current year rare prepared, the parties agree to handle said re-prorations between themselves. Karen S. Beck Seller 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: April 19th, 2018 v K HUD -1 SET TLEMtNTST ATE '-'N4tNT Buyer lidiahs iNtr ... M -Z O'WNER'S AFFIDAVIT NON -FOREIGN CERTIFICATE AND REQUEST FOR TAXPAYER IDENTIFICATION NUMBER STATE OF FLORIDA COUNTY OF INDIAN RIVER BEFORE ME, the undersigned authority, personally appeared Karen S. Beck, a married woman, (the "Seller"), ("Seller" refers to singular or plural as context requires) who, first being duly sworn, deposes and says: A. OWNER'S AFFIDAVIT Seller is the owner of the following described property (the "Property"): SEE EXHiBiT "A" ATTACHED HERETO AND MADE APART HEREOF Property Adthess: 7580 66th Avenue, Veto Beach, FL 32966 2. There is no outstanding contract for the sale of the Property to any person or persons whomsoever, nor any unrecorded deed, mortgage or other conveyances affecting the title to the Property. 3. There are no liens, encumbrances, mortgages, claims, boundary line or other disputes, demands or security interests in, on or against the Property or any goods, furnishings, appliances, fixtures or equipment now installed in or which are to be affixed to the Property; except for mortgages described in the deed given by the undersigned; that there are no unpaid taxes, levies, assessments, paving liens or utility liens against the Property (other than real estate taxes for the current year). 4. That there have been no improvements upon the Property within the past ninety (90) days for which there remain any outstanding and unpaid bills for labor, materials or other charges for which a lien or 'liens might be claimed by anyone whomsoever. 5. That there are no matters pertaining to the Seller which could give rise to a lien that would encumber the Property during the period of time between the effective date of the Title Insurance Commitment and the time of recording of the Warranty Deed and that the Seller has not executed and will not execute any instrument that would adversely affect the title to the Property from the date of the Affidavit forward. 6. That there are no judgments, claims, disputes, demands or other matters pending against Seller that would attach to the Property. Seller has complied with the Florida Sales Tax laws where applicable. Seller acknowledges responsibility for water, sewer and electrical consumption charges through date of closing or occupancy by Buyer, whichever first occurs. 7. Seller is in sole constructive or actual possession of the Property and no other person has any right to possession of the Property, or asserts any claim of title or other interests in it. 8. Seller represents that there are no violations of governmental laws, regulations or ordinances pertaining to the use of the Property. B. NON -FOREIGN CERTIFICATE AND REQUEST FOR TAXPAYER IDENTIFICATION NUMBER Section 1445 of the Internal Revenue Code provides that a Transferee ("Buyer") of a U.S. real property interest must withhold tax at a rate of 10% of the amount realized on the disposition if the Transferor ("Seller") is a foreign person. To inform the Buyer that withholding of tax is not required upon the disposition of a U.S. real property interest by the Seller, the undersigned hereby swears, affirms and certify(ies) the following as or on behalf of the Seller: 1. Sellers' Legal Name is: Karen S. Beck. 2. Sellers Home Address or Office Address if Corporation, Partnership or Trust: 7580 66th Avenue, Vero Beach, FL 32966 File No: 48083683 Pagc I of 3 LW 3. Seller is not a non-resident alien (if individual) or a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terns are defined in the Internal Revenue Code and Income Tax Regulations). 4. That the amount realized by the Seller ("Transferor) of the above-described real property as a result of this transaction does not exceed Three Hundred Thousand ($300,000.00) Dollars. 5. In connection with the sale or exchange of the Property you are required by law to provide Atlantic Coastal Land Title Company, LLC with your correct taxpayer identification number (TIN). If you do not so provide your TIN, you may be subject to civil or criminal penalties imposed by law. 6. Sellers' Taxpayer Identification Numbers: Karen S. Beck 7. For purposes of reporting this transaction to the Internal Revenue Service on Form 1099-S, the Property is Seller' (check one): ® Principal Residence ❑ Other Real Estate This taxpayer identification number is being provided in connection with a real estate transaction. The undersigned understands that this Certificate may be disclosed to the Internal Revenue Service by the Buyer and that any false statement contained herein could be punished by tine, imprisonment or both. Under penalties of perjury, T/we declares that T/we have examined this certification and to the best of my knowledge and belief it is true, correct and complete, and T/we further declare that Thve have authority to sign this document as or on behalf of the Seller, and that the number shown on this statement is Seller' correct TIN. Sella states that this instrument is given for the express purpose of inducing Indian River County, a Political Subdivision of The State of Florida to purchase the Property and to cause Atlantic Coastal Land Title Company, LLC as agent for Atlantic Coastal Land Title Company, LLC to insure title to said property. This Affidavit is made under the full understanding of the law regarding liability for any misrepresentation herein. / �� U/4 (Seal) Katsen S. Beck STATE OF FLORIDA COUNTY OF INDIAN RIVER Sworn to and subscribed before me this 6th day of April, 2018, by Karen S. Beck, who is personally known /1) / to me or has produced L. as identification. SEAL "'.'Ply P& JASON A. BEAL Y s®f>3rt�nrd6> Sate of Florida •'_ Commissic,l # GG 017550 'N9�F OF Ft?,," "Y Comm. Expires Oct 11• " 20 Bonded INough National Nolary AOqn. Fik No: 48083683 N y rc Printed Notary Name Page 2 of 3 in EXHIBIT "A" LEGAL DESCRIPTION Right of Way Parcel All that certain piece, Parcel or Tract of land situate lying and being a portion of Tract 4, Section 5, Township 32 South, Range 39 East, according to the last general Plat of lands of the Indian River Farms Company as recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie County, Florida, now lying and being in Indian River County, Florida; said lands being more particularly described as follows, to wit; Beginning at the Northwest corner of the South 17.11 acres of said Tract 4, Thence, bearing South 89 degrees 50 minutes 32 seconds East, along the North line of said South 17.11 acres of Tract 4, a distance of 17.40 feet to a point; Thence, leaving said North line, beating South 00 degrees 32 minutes 02 seconds West, a distance of 99.00 feet to a point; Said point being the beginning of a curve concave Westerly, having a radius of 3,073.00 feet, a central angle of 06 degrees 06 minutes 01 seconds, a chord length of 327.02 feet bearing South 03 degrees 35 minutes 04 seconds West: Thence, Southerly along the arc of said Curve, a distance of 327.18 feet to a paint on the West line of said Tract 4; Thence, bearing North 00 degrees 32 minutes 02 seconds East, non -tangent to last described curve, along said West line, a distance of 425.46 feetto the Point of Beginning. Page 3 of 3 File No: 48883683 LW Co t�ze_-.14 J4eMA 3 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Directo FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: Right -of -Way Acquisition — 66th Avenue Widening Project Owner: Karen Beck - 7580 66th Ave, Vero Beach, FL 32967 DATE: January 10, 2018 DESCRIPTION AND CONDITIONS Public Works is progressing with Right -of -Way acquisition forthe planned improvements of 66th Avenue between 69th Street - 85th Street. The proposed improvements include widening the existing two-lane roadway to a four lane divided roadway, traffic signals, bridge replacement, drainage improvements, grassed or landscaped median and sidewalks. Karen Beck owns a 7.11 acre parcel which is zoned A-1. To accommodate the future planned improvements on 66th Avenue, the County needs to acquire 0.13 acres of the parcel for right-of-way purposes. The County obtained an appraisal of the property indicating a value of $15,500.00. Land Value Part Taking $3,000.00 Landscaping in Taking $2,500.00 External Obsolescence $6,500.00 Cost to Move Carport $3,500.00 Total Just Compensation $15,500.00 The County offered the appraised value of $15,500.00 to purchase the 0.13 acres, and Ms. Beck agreed to the offer. FUNDING Funding is budgeted and available in Account No. 31521441-066120-16009, Optional Sales Tax, 66th Avenue (69th Street - 85th Street). RECOMMENDATION Staff recommends the Board approve the Purchase Agreement for the 0.13 acres of property located at 7580 66th Ave, Vero Beach, FL 32967, and authorize the Chairman to execute the purchase agreement on behalf of the Board. ATTACHMENTS One Original Purchase Agreement APPROVED AGENDA ITEM FOR: January 23, 2018 F:\Public Works\ENGINEERING DIVISION PROJECTS\1505-66th Ave Widening_49th St to 81st St\Z-Right of Way\BCC Agenda Memos\Karen Beck\Karen Beck Agenda Memo.doc Of, of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Terri Lister -Collins, Supervisor, Clerk to the Board FROM: William K. DeBraal, Deputy County Attorney DATE: August 24, 2018 ATTORNEY RE: COUNTY PROPERTY ACQUIRED — ORIGINAL DOCUMENTS Attached for the County's records are original closing documents for purchase of the following County acquired right-of-way for the purpose of the planned improvements to 66th Avenue: Land Purchase from Owner: Karen S. Beck and Scott Beck BCC Approved: January 23, 2018 1. Original Warranty Deed dated April 24, 2018 2. Original Owner's Policy of Title Insurance dated April 23, 2018 3. Copy of Settlement Statement 4. Copy of BBC agenda memo of January 10, 2018 and Agreement for Purchase, Sell, Real Estate between Indian River County and Kirk Madsen and Nancy Jo Madsen Please take what documents you deem necessary and forward a certified copy with the documents you feel are not needed in your records to Raeanne Cone in Fixed Assets. Thank you. c: Raeanne Cone — Fixed Assets