HomeMy WebLinkAbout2019-081AGREEMENT TO PURCHASE AND SELL REAL ESTATE
BETWEEN INDIAN RIVER COUNTY
AND
THOMAS G. CROUCH & THERESE B. CROUCH
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is
made and entered into as of the 21 day of May , 2019, by and between Indian
River County, a political subdivision of the State of Florida ("the County"), and Thomas G.
Crouch and Therese B. Crouch ("the Seller) who agree as follows:
WHEREAS, Seller owns property located at 2625 58th Court, Vero Beach, Florida
32966. A legal description of the property is attached to this agreement as Exhibit "A" and
incorporated by reference herein; and
WHEREAS, the County is purchasing right-of-way for future expansion of 261h
Street; and
WHEREAS in order to proceed with road expansion plans, the County needs to
purchase property to be used as right-of-way from landowners adjacent to 26th Street; and
WHEREAS, the County was contacted by the Seller to purchase the parcel of
approximately 0.06 acres of property as depicted on Exhibit "B", and
WHEREAS, the County is currently purchasing property/right-of-way from willing
sellers: and
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants and premises hereinafter, the COUNTY and SELLER agree as follows:
1. Recitals. The above recitals are affirmed as being true and correct and are
incorporated herein.
2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County,
and the County hereby agrees to purchase from Seller, upon the terms and conditions set
forth in this Agreement that certain parcel of real property located at 2625 58th Court, Vero
Beach, Florida and more specifically described in the legal description attached as Exhibit
"A", fee simple, containing approximately 0.06 acres, all improvements thereon, together
with all easements, rights and uses now or hereafter belonging thereto (collectively, the
"Property").
2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the
Property shall be $5,200.00 (Five Thousand and Two Hundred 00/100 Dollars) plus
$6,800.00 to replace the existing vegetation and $2,300.00 to cover replacement costs
(material and labor) of existing irrigation. The total paid on the Closing Date will be
$14,300.00. The Purchase Price shall be paid on the Closing Date. The Effective Date of
this Agreement shall be the date upon which the County shall have approved the execution
of this Agreement, either by approval by the Indian River County Board of County
Commissioners at a formal meeting of such Board or by the County Administrator pursuant
to his delegated authority.
2.2 Costs and Fees. The County shall pay the Seller's attorney fees in the amount of
$4,000.00.
3. Title. Seller shall convey marketable title to the Property by warranty deed free of
claims, liens, easements and encumbrances of record or known to Seller; but subject to
property taxes for the year of Closing and covenants, restrictions and public utility
easements of record provided (a) there exists at Closing no violation of any of the
foregoing; and (b) none of the foregoing prevents County's intended use and development
of the Property ("Permitted Exceptions").
3.1 County may order an Ownership and Encumbrance Report or Title Insurance
Commitment with respect to the Property. County shall within fifteen (15) days following
the Effective Date of this Agreement deliver written notice to Seller of title defects. Title
shall be deemed acceptable to County if (a) County fails to deliver notice of defects within
the time specified, or (b) County delivers notice and Seller cures the defects within thirty
(30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall
use best efforts to cure the defects within the Curative Period and if the title defects are not
cured within the Curative Period, County shall have thirty (30) days from the end of the
Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement,
whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up
to an additional 90 days; or (iii) accept title subject to existing defects and proceed to
closing.
4. Representations of the Seller.
4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the
sole owner of and has good right, title, and authority to convey and transfer the Property
which is the subject matter of this Agreement, free and clear of all liens and
encumbrances.
4.2 From and after the Effective Date of this Agreement, Seller shall take no action
which would impair or otherwise affect title to any portion of the Property, and shall record
no documents in the Public Records which would affect title to the Property, without the
prior written consent of the County.
4.3.1 There are no existing or pending special assessments affecting the Property, which
are or may be assessed by any governmental authority, water or sewer authority, school
district, drainage district or any other special taxing district.
5. Default.
5.1 In the event the County shall fail to perform any of its obligations hereunder, the
Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice
delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor
any other person or party shall have any claim for specific performance, damages, or
otherwise against the County; or (ii) waive the County's default and proceed to Closing.
5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the
County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice
delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor
any other person or party shall have any claim for specific performance, damages or
otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions
hereof; or (iii) waive the Seller's default and proceed to Closing:
6. Closing.
6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date")
shall take place within 45 days following the execution of the contract by the Chairman of
the Board of County Commissioners. The parties agree that the Closing shall be as
follows:
(a) The Seller shall execute and deliver to the County a warranty deed conveying
marketable title to the Property, free and clear of all liens and encumbrances and in the
condition required by paragraph 3.
(b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails
to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances.
(c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County
an affidavit, in a form acceptable to the County, certifying that the Seller and any interest
holders are not subject to tax under the Foreign Investment and Real Property Tax Act of
1980.
(d) The Seller and the County shall each deliver to the other such other documents or
instruments as may reasonably be required to close this transaction.
6.2 Taxes. All taxes and special assessments which are a lien upon the property on or
prior to the Closing Date (except current taxes which are not yet due and payable)
shall be paid by the Seller.
7. Personal Property.
7.1 The Seller shall have removed all of its personal property, equipment and trash from
the Property. The Seller shall deliver possession of the Property to County vacant and in
the same or better condition that existed at the Effective Date hereof.
7.2 Seller shall deliver at Closing all keys to locks and codes to access devices to
County, if applicable.
8. Closing Costs; Expenses. County shall be responsible for preparation of all Closing
documents.
8.1 County shall pay the following expenses at Closing:
8. 1.1 The cost of recording the warranty deed and any release or satisfaction obtained by
Seller pursuant to this Agreement.
8.1.2 Documentary Stamps required to be affixed to the warranty deed.
8.1.3 All costs and premiums for the owner's marketability title insurance commitment and
policy, if any.
8.2 Seller shall pay the following expenses at or prior to Closing:
8.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the
Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or
encumbrances upon the Property.
9. Miscellaneous.
9.1 Controlling Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Florida. Venue shall be in Indian River County for all state
court matters, and in the Southern District of Florida for all federal court matters.
9.2 Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to this transaction and supersedes all prior agreements, written or
oral, between the Seller and the County relating to the subject matter hereof. Any
modification or amendment to this Agreement shall be effective only if in writing and
executed by each of the parties.
9.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and
obligations under this Agreement without the prior written consent of the other party. The
terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and
their successors and assigns.
9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by
certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile
transmission, as follows:
If to Seller: Thomas G. Crouch & Therese B. Crouch
2625 58th Court
Vero Beach, FL 32966
If to County: Indian River County
1801 27th Street
Vero Beach, FL 32960
Attn: Land Acquisition/Monique Filipiak
Either party may change the information above by giving written notice of such change as
provided in this paragraph.
9.5 Survival and Benefit. Except as otherwise expressly provided herein, each
agreement, representation or warranty made in this Agreement by or on behalf of either
party, or in any instruments delivered pursuant hereto or in connection herewith, shall
survive the Closing Date and the consummation of the transaction provided for herein.
The covenants, agreements and undertakings of each of the parties hereto are made
solely for the benefit of, and may be relied on only by the other party hereto, its successors
and assigns, and are not made for the benefit of, nor may they be relied upon, by any other
person whatsoever.
9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to
this Agreement, each party shall bear its own attorney's fees, costs, and expenses.
9.7 Counterparts. This Agreement may be executed in two or more counterparts, each
one of which shall constitute an original.
9.8 County Approval Required: This Agreement is subject to approval by the Indian
River County Board of County Commissioners as set forth in paragraph 2.
9.9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership,
corporation, trust, or any form of representative capacity whatsoever for others, Seller shall
provide a fully completed, executed, and sworn beneficial interest disclosure statement in
the form attached to this Agreement as an exhibit that complies with all of the provisions of
Florida Statutes Section 286.23 prior to approval of this Agreement by the County.
However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any
entity registered with the Federal Securities and Exchange Commission, or registered
pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public,
is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not
required to disclose persons or entities holding less than five (5%) percent of the beneficial
interest in Seller.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the
date first set forth above.
INDIAN RIVER COUNTY, FLORIPY
BOARD OF COUNTY COMMIg1§t6
A 1
Bob Solari, Chairman
Approved by BCC May 21
T as G. Crouch
�t
\^+`
Therese B. Crouch
ATTEST:
Jeffrey R. Smith, Clerk of Court and
Com tr ler
By:
Deputy Clerk
Appr ed: /
Jason t. Orown, COLIfiryAdministrator
Approved as to Form and Legal Sufficiency:
_ 0.1"
William K. DeBraal, Deputy County Attorney
Date
XU 1&k
SI�IIR
EXHIBIT A
Lot 2, PINE-METTO PARK, according to the Map or Plat thereof as
Recorded in Plat Book 3, Page 87, of the Public Records of Indian
River County, Florida, and Lot 15, REPLAT OF PINE-METTO PARK,
according to the Map or Plat thereof as recorded in Plat Book 5, Page 56,
of the Public Records of Indian River County, Florida.
Parcel ID: #32-39-32-00007-0000-00002.0
Commonly known as: 2625 58th Court, Vero Beach, FL 32966
Sketch and L ega/ Description
Pine—Metto Park
(PLAT BOOK 3, PAGE 87)
0
0
oofw�
Oyw�
N
O � N
aD2w
E3 n_
I=
O N
0 ON
0
oo��
J
NZNm
n_In�
�M O
nwp..
I �
N
n
W
z
J
for /ND/AN RI VER COUNTY
LOT 2
123.60'(P
Re—Plat of Pyne—Metto Park
(PLAT BOOK 5, PAGE 56)
10' DRAINAGE & LOT 15
UTILITY EASEMENT
_ PER P.B. 5, PG 56
D
32-39-32-00007-0000-00002.0
O THOMAS CROUCH
O ADDRESS: 2625 58th COURT
(O.R.B. 2361, PG 1863)
N.
i JVV 11 I LV
} I
Q> I
> I
L'I
O,
H
r
5:
26th Street (Walker Avenue)
0:
O
I
I
I
I
I
J
I O
m�-U
O
(�
O
I
x
(n
I =
0
I
�-
D
I �
I
I
i
I
I
I
I
I
-1 (D
I
I
0
WO
0
CD
W
cr
o
o
00
D
.+
C)
M
D
Flo
r
00
�
Z
o
M I ^'
Iv
C
Z
r
O
�
0
A
S
r
Z
rn
ox
M
Ti
Dz
_<0
r-
2 Z
M
70' RIGHT OF WAY
I
I
I
I
I
rl
al
3
O
I
J
I O
I
� I
= I
O
(�
O
I
� I
I =
0
I
I
0 l
�I
I
I
I
H
I
I �
I
I
i
I
I
I
I
I
I
I
I
I
I
�
SOUTH LINE OF TRACT 16 AND SECTION 32, TOWNSHIP 32 SOUTH, RANGE 39 EAST
River Farms Water Control District
Sub—Lateral A-3 Canal
Legend and Abbreviations
I.R.F.W.C.D. = INDIAN RIVER FARMS
PBS = PLAT BOOK ST. LUCIE
WATER CONTROL DISTRICT
A=DELTA ANGLE
L = LENGTH OF ARC
SQ. FT. = SQUARE FEET
O.R.B.= OFFICIAL RECORD BOOK
R = RADIUS
(P) = PLAT
RNV = RIGHT-OF-WAY
P.B.= PLAT BOOK
PGE = PAGE
(NOT TO SCALE PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS
WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION This is not a Boundary Surve
AGENCY: SND/AN RIVZZ'I COUNTY, FLj
PURL/C WORKS DEPT./ENG/NEER/NG DIV. Sketch and L 6ga/ Description
DATE: R. DRAWN BY: for -
5/>3/19 /NGLETT
SCALE: N/A APPROVED BY:
D.5/L ON /ND/AN RIVER COUNTY
SHE
2 OF 2
2019-001
(L OT >5)
Sketch and L egga/ Description fOr.
/ND/AN RIVER COUNTY
Legal Description (Right of Way Acquisition)
BEING THE SOUTH 20.0 FEET OF LOT 15, ACCORDING TO THE RE -PLAT OF PINE-METTO PARK, AS
RECORDED IN PLAT BOOK 5, PAGE 56, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA
CONTAINING 2472 SQUARE FEET, MORE OR LESS
EXHIBIT "B"
Survevor's Notes
1). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A BOUNDARY SURVEY PREPARED BY
INDIAN RIVER COUNTY ENGINEERING DEPARTMENT, JOB NO. 2019-001, DATED FEBRUARY 04, 2019. TOGETHER WITH THE
RE -PLAT OF PINE-METTO PARK, AS RECORDED IN PLAT BOOK 5, PAGE 56, PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA.
2).THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS:
(A) PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS, WITH SHEET 2 SHOWING THE
SKETCH OF THE DESCRIPTION.
(B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH
AN EMBOSSED SURVEYOR'S SEAL.
PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS
1MTH SHEET 2 BEING THE SKETCH OF DESCRIPTION This is not a Boundary Survey FLORIDA CERTIFICATE NO. 6139
AGENCY: //MAN RIVER COUNTY, FL
Pugvc wows m-PT./ENciNEm1w oiy Sketch and L ega/ Description
DATE: DRAWN BY: for -
5/13/19 R. /NGLETT
SCALE: N/A APPROVED BY: D.SIL ON /ND/ANR/VER COUNTY
SHEET
1 OF 2
My
•
2019-001
(L OT /5)
Certification
(NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
Legend and Abbreviations
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER)
I.R.F.W.C.D. = INDIAN RIVER FARMS
WATER CONTROL DISTRICT
I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY
L = LENGTH OF ARC
SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID
O.R.B.= OFFICIAL RECORD BOOK
SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
(P) = PLAT
BELIEF.
P.B.= PLAT BOOK
PGE = PAGE
I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MELTS THE STANDARDS OF
PBS = PLAT BOOK ST. LUCIE
PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF
A=DELTA ANGLE
SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE,
SQ. FT. = SQUARE FEET
PURSUANT TO SECTION 472.027 FLORIDA STATE STA S.
R = RADIUS
/ r
RNV = RIGHT-OF-WAY
_
DATE OF SIGNATURE DAVID M. SILON
PROFESSIONAL SURVEYOR AND MAPPER
PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS
1MTH SHEET 2 BEING THE SKETCH OF DESCRIPTION This is not a Boundary Survey FLORIDA CERTIFICATE NO. 6139
AGENCY: //MAN RIVER COUNTY, FL
Pugvc wows m-PT./ENciNEm1w oiy Sketch and L ega/ Description
DATE: DRAWN BY: for -
5/13/19 R. /NGLETT
SCALE: N/A APPROVED BY: D.SIL ON /ND/ANR/VER COUNTY
SHEET
1 OF 2
My
•
2019-001
(L OT /5)
3/25/2020
Landmark Web Official Records Search
3120190040633 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL
BK: 3221 PG: 1878, 7/10/2019 2:12 PM D DOCTAX PD $100.10
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.: 49084688
Property Appraisers Parcel Identification (Folio) Number: 32393200007000000002.0
Space above this line for Recording Data
WARRANTY DEED
THIS WARRANTY DEED, made the 1 day of July, 2019 by Thomas G. Crouch and Therese B. Crouch,
husband and wife, whose post office address is 2625 58th Court, Vero Beach, FL 32966, herein called the Grantors,
to Indian River County, a political subdivision of the State of Florida, whose post office address is 1801 27th
Street, Vero Beach, FL 32960, hereinafter called the Grantee:
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal
representatives and assigns of individuals, and the successors and assigns of corporations)
W I T N E S S E T H: That the Grantors, 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.:
Right of Way Parcel
The South 20.0 feet of Lot 15, according to the replat of Pine-Metto Park, as recorded in Plat Book 5,
Page 56, of the Public Records of Indian River County, Florida.
Subject to easements, restrictions and reservations of record and taxes for the year 2019 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 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 lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2018.
File No.: 49084688
LTF
https://ori.indian-river.org/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=# 1/4
3/25/2020
.o
BK: 3221 PG: 1880
o
I.
Sketch
4
ri 1-
C-)
Landmark Web Official Records Search
and Legal Description far.•
Pine—Metta Park
(PLAT BOOK 3, PAGE 87)
LOT 2
123.60'{P)
Re—Plat of Pin/e—Metto Park
(PLAT BOOK 5, PAGE 56)
to' ORAINACE & LOT 15
UTILITY EASEMENT
PER P.B. 5, PG 56
CL
p 32-39-32-00007-0000-00002.0
O THOMAS GROUCH
6p ADDRESS: 2625 58th COURT
(O.R.8. 2361, PC 1863)
,l
INDIAN RIVER COUNTY
.o
rn
o
I.
W
>�
C-)
O+
1
W
m
1J
A
X Ste►
�
r
z
r'�w
0
SW
r►
rn
0
0
O
1
-O
Q 1
1
.o
�I
o
I.
W
o; 26th Street (Walker Avenue)
C-)
O+
1
r�
r
1
I
�
1
1
i
Lq
0
'o
W
C-)
S
m
>�r
�7�
�
r
z
r'�w
0
O
=
z
r+
LU
o
=
�m
r
z
m
ox
�1in
az
�o
z
r*1
70' RIGHT OF WAY
r
r:
a'
0
1
F 1
xl
of
o'
rn'
X :
w:
:
1
SOUTH LINE OF TRACT 16 AND SECTION 32, TOWNSHIP 32 SOUTH, RANGE 39 EAST
River Farms Water Control District
Sub—Lateral A--3 Canal Legend and Abbreviations
I.R.F.W.C.D. = INDIAN RIVER FARMS PBS = PLAT BOOK ST. LUCIE
WATER CONTROL DISTRICT A=DELTA ANGLE
L = LENGTH OF ARC SQ. FT. - SQUARE FEET
O.R.B = OFFICIAL RECORD BOOK R = RADIUS
(P) = PLAT RNV = RIGHT-OF-WAY
P.B.= PLAT BOOK
PGE = PAGE
(MOT TO SCALL) VATH SHEETI2TBEING THE SKETCH CONSISTING
ESCR Filo This is nota Boundarycurve
AGENCY: INMAN RIYER COVIVTY, FL
pilsuc woRKs DEPTInvol rwAra DlV Sketch and Lega/Descflpfion
DATE: 5/13119 1
DRAWN BY- I? 1NGL£TT for
A
2 Of 2
INDIAN RI MER COUNTY
(L OT 15)
https://ori.indian-river.org/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=# 3/4
3/25/2020
BK: 3221 PG: 1881
Landmark Web Official Records Search
Sl -etch and L e,47al DescrIPM0l7 fora
INDIANRIVER COUNTY
Legal Description (Right of Way Acquisition}
BEING THE SOUTH 20.0 FEET OF LOT 15, ACCORDING TO THE RE -PLAT OF PINE-METTO PARK, AS
RECORDED IN PLAT BOOK 5, PAGE 56, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA
CONTAINING 2472 SQUARE FEET, MORE OR LESS
EXHIBIT "B"
Survevoes Notes
1). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A BOUNDARY SURVEY PREPARED BY
INDIAN RIVER COUNTY ENGINEERING DEPARTMENT, JOB NO. 2()19-001, DATED FEBRUARY 04, 2019. TOGETHER WITH THE
RE -PLAT OF PINE-METTO PARK, AS RECORDED IN PLAT BOOK 5, PAGE 56, PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA.
2) -THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS:
(A) PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS, WITH SHEET 2 SHOWING THE
SKETCH OF THE DESCRIPTION.
(8) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH
AN EMBOSSED SURVEYOR'S SEAL.
https://ori.indian-river.org/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=# 4/4
Certification
Legend and Abbreviations
(NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
LR.F.W.C.D, =INDIAN RIVER FARMS
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER)
WATER CONTROL DISTRICT
L = LENGTH OF ARC
1 HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY
O.R.B.= OFFICIAL RECORD BOOK
SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID
(P) = PLAT
SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
P.B.= PLAT BOOK
BELIEF.
PGE = PAGE
PBS = PLAT BOOK ST. LUCIE
I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF
A=DELTA ANGLE
PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF
SQ. FT, = SQUARE FEET
SURVEYORS AND MAPPERS IN CHAPTER SJ -17.052 FLORIDA ADMINISTRATIVE CODE,
R = RADIUS
PURSUANT TO SECTION 472.027 FLORIDA STATE STA S. -
II
RNV=RIGHT-OF-WAY`-
~DAVID
DATE OF SIGNATURE M. SIL N
PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS
HATH SHEET 2 BEING THE SKETCH OF DESCRIPTION
PROFESSIONAL SURVEYOR AND MAPPER
This is not a Boundary Survey FLORIDA CERTIFICATE NO. 6139
AGENCY: INDIAN RIPER
COUNTY, FL
-�
PUBLIC WORKS DEPT./ENGINEERING 01Y
Sketch and L &gal Descri tion
far-
DATE:
5/13/19
DRAWN BY:
R. /NGLETT
INDIAN RIVER COUNTY
SCALE:APPROVED
NIA
=
D. SIL ON
(LOT f9)
SHEET:OB
NO:
f Of 2
2019-001
https://ori.indian-river.org/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=# 4/4
3120190040633
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3221 PG: 1878 Paye 1 of 4 7110/2019 2:12 PM
D DOCTAX PO $100.10
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.: 49084688
Property Appraisers Parcel Identification (Folio) Number: 32393200007000000002.0
Space above this line for Recording Data
WARRANTY DEED
THIS WARRANTY DEED, made the 4 day of July, 2019 by Thomas G. Crouch and Therese B. Crouch,
husband and wife, whose post office address is 2625 58th Court, Vero Beach, FL 32966, herein called the Grantors,
to Indian River County, a political subdivision of the State of Florida, whose post office address is 1801 27th
Street, Vero Beach, FL 32960, hereinafter called the Grantee:
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal
representatives and assigns of individuals, and the successors and assigns of corporations)
W I T N E S S E T H: That the Grantors, 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.:
Right of Way Parcel
The South 20.0 feet of Lot 15, according to the replat of Pine-Metto Park, as recorded in Plat Book 5,
Page 56, of the Public Records of Indian River County, Florida.
Subject to easements, restrictions and reservations of record and taxes for the year 2019 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 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 lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2018.
File No.: 49084688
LTF
IN WITNESS WHEREOF, the said Grantors have signed and sealed these presents the day and year first above
written.
Sig d, sealed an deli ere in the presence of:
s'gL
Witness 91 Signature 1
�" ��
Seal
Witness 1 PrintJame )
Tho as G. Crouch
Witness g ure —�( (Seal)
Therese B. Crouch
Witness #1 Printed Name
State of Florida
County of Indian River
The foregoing instrument was acknowledged before me this Q�_ day of July, 2019, by Thomas G. Crouch and Therese
B. Crouch, who are personally known to me or have producedF&6A rjy&'3 as identification.
UCtoffic
SE..,..r...�
r► MAYLEE
MY COMMISSION # GG 183444
EXPIRES: February 8, 2022
''?odF1o` BwmW TAN NoWy Public UMerwrilem
My Commission Expires: 0?
File No.: 49084688
of y Public
Printed Notary Name
LTF
69110 7)
U N1 7 00 Y 9A 1Y N VICNI
f45 u ' N
I NU :Ike ()3AO6ddV I P'/ :3-lVOS
- IOJ6 IA r lIg
AB NMV8Cl I .31V(]
IJ(?114qI(JOsc-?G1v.9c97PL1P qO;c';;-YS A10 ONAVY-NION311"tid-70 SAYOW 0/7,9/7df
Y �UN170,7 W -MAV NVIaNI :),DN30V
AaAjnS Aiepunog e jou -.i s�iqj NoudlHosgo z10 moiaNs 3wl ONG9 z 1334S HIM
S133WS Z. O ONUSISNOO klabfLN9 Sif N; QjCIAOtW (37VOS 0.1 JON)
3DVd = 30d
NOOK IV"ld =-g'd
AVM-30-lt4VH = Mb iVId = (d)
54008 (18003N W13IJ30
1333 3bVnM = 'IA "OS ObV 10 HIONTI = I
91ONY V113G=V JolbiSla lo8iNo-,) 2131VM J -A
31onj'IS)4009iVld = SEW SW8V.4 83AI8 NVIONI = *(YO'M'3'8'1
suqtjeyAfqjqqV pue puoti,97 JOUDO 2—V IDJ;)IDI—qnS
IOIJISIG JOJjUO3 JOJOM SW -ID
_A JgAIN UDIP
ISV3 6£ 30NY8 'Hinos zv diHswoi 'ZC NOL33S (INV 9L IOVtU JO 3NII Hinos
(anueAV jo4loM) jagilS L119Z
b to
0: ; n
61 g
m
25
(A
> Z -j
z
(cm nd 'tgrz 'a-wo)
-T fTt
1Cf
18noo 4199 I;Z9z :SS3800Y
H3nOS3 SVY40RL 0 91; Od V 'S"d add
IN3YOSY3 ..IMM 1.9
91 101 30YMYNC ot
pa
(99 30Vd '9 >1006 IV -1d) 8 2
)Pod 01ION—Ould 10 IDId-98
CA
<
-j (L9 30Vd '2 71008 IVId)
CL I w I NJOd 01ION—Ould I I
�,UN1700 &SAI&NVIMI JOY W110-49SOU199817 PUP qOic9,YS
4-j
IM
tO
V)
Uzi
Of
Q
� z
ip
____--_.CVM---
--4-0- -IR-D-0 -,-O-L-
tst
Cn
xo
uj
z
0
0
iR
z
-4-0
C14
N
0
zLi
00
0
_j
(anueAV jo4loM) jagilS L119Z
b to
0: ; n
61 g
m
25
(A
> Z -j
z
(cm nd 'tgrz 'a-wo)
-T fTt
1Cf
18noo 4199 I;Z9z :SS3800Y
H3nOS3 SVY40RL 0 91; Od V 'S"d add
IN3YOSY3 ..IMM 1.9
91 101 30YMYNC ot
pa
(99 30Vd '9 >1006 IV -1d) 8 2
)Pod 01ION—Ould 10 IDId-98
CA
<
-j (L9 30Vd '2 71008 IVId)
CL I w I NJOd 01ION—Ould I I
�,UN1700 &SAI&NVIMI JOY W110-49SOU199817 PUP qOic9,YS
4-j
IM
tO
Uzi
Of
Q
(anueAV jo4loM) jagilS L119Z
b to
0: ; n
61 g
m
25
(A
> Z -j
z
(cm nd 'tgrz 'a-wo)
-T fTt
1Cf
18noo 4199 I;Z9z :SS3800Y
H3nOS3 SVY40RL 0 91; Od V 'S"d add
IN3YOSY3 ..IMM 1.9
91 101 30YMYNC ot
pa
(99 30Vd '9 >1006 IV -1d) 8 2
)Pod 01ION—Ould 10 IDId-98
CA
<
-j (L9 30Vd '2 71008 IVId)
CL I w I NJOd 01ION—Ould I I
�,UN1700 &SAI&NVIMI JOY W110-49SOU199817 PUP qOic9,YS
A00k
Alftlk
Legal Description (Rqht of YVay Acqui2itr'anl
BEING THE SOUTH 20.0 FEET OF LOT 15, ACCORDING TO THE RE -PLAT OF PINE-METTO PARK, AS
RECORDED IN PLAT BOOK 5, PAGE 56, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA
CONTAINING 2472 SQUARE FEET, MORE OR LESS
EXHIBIT "B"
_Surveyor's Notes
1). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A BOUNDARY SURVEY PREPARED BY
INDIAN RIVER COUNTY ENGINEERING DEPARTMENT, JOB NO- 2019-001; DATED FEBRUARY 04, 2019, TOGETHER WITH THE
RE -PLAT OF PINE-METTO PARK, AS RECORDED IN PLAT BOOK 5, PAGE 56, PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA,
2).THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS:
(A) PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS, WITH SHEET 2 SHOWING THE
SKETCH OF THE DESCRIPTION.
(B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH
AN EMBOSSED SURVEYOR'S SEAL.
Legend and Abbreviations
LR.F.W.C.M = INDIAN RIVER FARMS
WATER CONTROL DISTRICT
L = LENGTH OF ARC
O.R.B. = OFFICIAL RECORD BOOK
(P ) = PLAT
P.B.= PLAT BOOK
PGE = PAGE
PBS = PLAT BOOK ST, LUCIE
A=DELTA ANGLE
SQ. FT. = SQUARE FEET
R = RADIUS
FUW= RIGHT-OF-WAY
PRO\4DED IN ITS ENTIRETY CONSISTING OF 2 SHEETS
WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION
Certification
(NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER)
I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY
SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID
SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
BELIEF.
I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF
PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAl BOARD OF
SURVEYORS AND MAPPERS IN CHAPTER 5J-11.062 FLORIDA ADMINISTRATIVE CODE,
PURSUANT TO SECTION 472.027 FLORIDA STATE STA T5,;,
DATE OF SIGNATURE
DAVID M_ SILON
PROFESSIONAL SURVEYOR AND MAPPER
This is not a Boundary Survey FLORIDA CERTIFICATE NO, f5l 39
AL7tNUY: INDIAN fillplIKER COU TY FL
PLISLIC' WORKS DZPr.1L-N01,vL-,CR1N0 01y
5113
DRAWN BY
1.9 R.
E" )VXA APPROVED BY:
T: 1 of- 2 JOB NO:
KL UT f5)
WESTCOR POLICY NO.
LAND TITLE INSURANCE COMPANY OP-25-FL1394-7637463
OWNER'S POLICY OF TITLE INSURANCE
(with Florida Modifications)
ISSUED BY
WESTCOR LAND TITLE INSURANCE COMPANY
Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy
must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B, AND THE CONDITIONS, Westcor Land Title Insurance Company, a South Carolina corporation (the
"Company") insures, as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or
incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against
loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, seated, acknowledged, notarized, or
delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those
acts by electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments
of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing
improvements located on adjoining land.
3. Unmarketable Title.
COVERED RISKS CONTINUED ON NEXT PAGE
In Witness Whereof, WESTCOR LAND TITLE INSURANCE COMPANY, has caused this policy to be signed and
sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signa-
tory of the Company.
Issued By: FL1394 * 49084688
WESTCOR LAND TITLE INSURANCE COMPANY
Atlantic Coastal Land Title Company, LLC
855 21st Street, Suite C o's�t``"St+` By: AV" QAwMA
Vero Beach, FL 32960 7y SEAL eside t
rs •.
a� Attest:
Secret ry
OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page I
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zon-
ing) restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but
only to the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforce-
ment action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to
in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any
part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that
prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights
laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,
state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or at-
tached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other
instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but
only to the extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage (a) created, suffered, assumed, or agreed to by the Insured
of this policy, and the Company will not pay loss or damage, costs, Claimant;
attorneys' fees, or expenses that arise by reason of: (b) not Known to the Company, not recorded in the Public Re -
1. (a) Any law, ordinance, permit, or governmental regulation cords at Date of Policy, but Known to the Insured Claimant
(including those relating to building and zoning) restricting, regulat- and not disclosed in writing to the Company by the Insured
ing, prohibiting, or relating to Claimant prior to the date the Insured Claimant became an
Insured under this policy;
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improve-
ment erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances,
or governmental regulations. This Exclusion 1(a) does
not modify or limit the coverage provided under Covered
Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not
modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or
limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage that would not have been sus-
tained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that the transaction
vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered
Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed
by governmental authority and created or attaching between
Date of Policy and the date of recording of the deed or other
instrument of transfer in the Public Records that vests Title as
shown in Schedule A.
OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page 2
CONDITIONS
1. DEFINITION OF TERMS
The following tcnns 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) "hlsured Claimant": An Insured claiming loss or damage.
(f) "Knowledge" or "Known": Actual knowledge, not construc-
tive knowledge or notice that may be imputed to an Insured by
reason of the Public Records or any other records that impart
constructive notice of matters affecting the Title.
(g) "Land": The land described in Schedule A, and affixed improve-
ments that by law constitute real property. The teen "Land"
does not include any property beyond the lines of the area
described in Schedule A, nor any right, title, interest, estate, or
easement in abutting streets, roads, avenues, alleys, lanes, ways,
or waterways, but this does not modify or limit the extent that
a right of access to and from the Land is insured by this policy.
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other secu-
rity instrument, including one evidenced by electronic means
authorized bylaw.
(i) "Public Records": Records established under state statutes at
Date of Policy for the purpose of imparting constructive notice
of matters relating to real property to purchasers for value and
without Knowledge. With respect to Covered Risk 5(d), "Public
Records" shall also include environmental protection liens filed
in the records of the clerk of the United States District Court
for the district where the Land is located.
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
other act that in 'ts o b d bl
t Fn may e necessary or e3 La e 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
1- df l'
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.
e an a mission o tabthty 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 htsured for this purpose. Whenever requested by the
Company, the Insured, at the Company's expense, shall give the
Company all reasonable aid (i) in securing evidence, obtaining
witnesses, prosecuting or defending the action or proceeding,
or effecting settlement, and (ii) in any other lawful act that in.
the opinion of the Company may be necessary or desirable to
establish the Title or any other matter as insured. If the Company
is prejudiced by the failure of the Insured to furnish the required
cooperation, the Company's obligations to the Insured under
the policy shall terminate, including any liability or obligation
to defend, prosecute, or continue any litigation, with regard to
the matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to
submit to examination under oath by any authorized representa-
tive of the Company and to produce for examination, inspection,
and copying, at such reasonable times and places as may be
designated by the authorized representative of the Company,
all records, in whatever medium maintained, including books,
ledgers, checks, memoranda, correspondence, reports, e-mails,
disks, tapes, and videos whether bearing a date before or after
Date of Policy, that reasonably pertain to the loss or damage.
Further, if requested by any authorized representative of the
Company, the Insured Claimant shall grant its permission, in
writing, for any authorized representative of the Company to
examine, inspect, and copy all of these records in the custody or
control of a third party that reasonably pertain to the loss or dam-
age. All information designated as confidential by the Insured
Claimant provided to the Company pursuant to this Section shall
not be disclosed to others unless, in the reasonable judgment of
the Company, it is necessary in the administration of the claim.
Failure of the Insured Claimant to submit for examination under
oath, produce any reasonably requested information, or grant
permission to secure reasonably necessary information from
third parties as required in this subsection, unless prohibited
by law or governmental regulation, shall terminate any liability
of the Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE
CLAIMS; TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the
following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance. To pay
Upon the exercise by the Company of this option, all liability
and obligations of the Company to the Insured under this policy,
other than to make the payment required in this subsection,
shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the Insured
or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name
of an Insured Claimant any claim insured against under
this policy. In addition, the Company will pay any costs,
attorneys' fees, and expenses incurred by the Insured Claim-
ant that were authorized by the Company up to the time
of payment and that the Company is obligated to pay; or
(ii) to pay or otherwise settle with the Insured Claimant the loss
or damage provided for under this policy, together with any
costs, attorneys' fees, and expenses incurred by the Insured
Claimant that were authorized by the Company up to the
time of payment and that the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided
for in subsections (b)(i) or (ii), the Company's obligations to the
Insured under this policy for the claimed loss or damage, other than
the payments required to be made, shall terminate, including any li-
ability or obligation to defend, prosecute, or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss
or damage sustained or incurred by the Insured Claimant who has
suffered loss or damage by reason of matters insured against by
this policy.
(a) The extent of liability of the Company for loss or damage under
this policy shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and
the value of the Title subject to the risk insured against by
this policy.
(b) If the Company pursues its rights under Section 5 of these Con-
ditions and is unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss
or damage determined either as of the date the claim was
made by the Insured Claimant or as of the date it is settled
and paid.
(c) In addition to the extent of liability under (a) and (b), the Corn-
pany will also pay those costs, attorneys' fees, and expenses in-
curred in accordance with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged
defect, lien, or encumbrance, or cures the lack of a right of ac-
cess to or from the Land, or cures the claim of Unmarketable
Title, all as insured, in a reasonably diligent manner by any
method, including litigation and the completion of any appeals,
it shall have fully performed its obligations with respect to that
matter and shall not be liable for any loss or damage caused to
the Insured.
OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 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
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 firlly 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 fi•om 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 terns 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 terns of this policy. In neither case
shall the court or arbitrator apply its conflicts of law principles
to deternine 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:
49084688 OP-25-FL1394- 7/10/2019 @ 2:19 PM
7637463
Property Type:
State: Florida, County: INDIAN RIVER
Address Reference: 2625 58th Court, Vero Beach, FL 32966
1. Name of Insured:
Premium: Amount of Insurance:
$100.00 $14,300.00
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:
The South 20.0 feet of Lot 15, according to the replat of Pine-Metto Park, as recorded in Plat
Book 5, Page 56, of the Public Records of Indian River County, Florida.
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
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.: 49084688
Eff
ALTA 6-17-06 OWNER'S POLICY (WITH FLORIDA MODIFICATIONS)
Policy No. OP-25-FL1394-7637463
File No.: 49084688
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. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires for value of record the estate or interest or mortgage thereon covered by this Commitment.
2. Rights or claims of parties in possession not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete survey of the Land. The term "encroachment" includes
encroachments of existing improvements located on the Land onto adjoining land, and encroachments on
the Land of existing improvements located on the adjoined land.
4. Easements or claims of easements not shown by the Public Records.
5. Taxes or special assessments which are not shown as existing liens by the public records.
6. Taxes and assessments for the year 2019 and subsequent years, which are not yet due and payable.
7. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for
unpaid service charges for service by any water, sewer or gas system supplying the insured land.
8. Restrictions, dedications, reservations, setbacks and easements, if any, as indicated and/or shown on that
certain Plat recorded in Plat Book 3, at Page(s) 87, of the Public Records of Indian River County, Florida.
9. Declaration of Unity of Title recorded in Official Records Book 1200, Page 2277, of the Public Records of
Indian River County, Florida. (lot specific)
10. This policy does not insure the rights of others in and to the right of way.
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.: 49084688
LTF
CLOSING AGREEMENT
Seller(s): Thomas G. Crouch and Therese B. Crouch
Buyer(s): Indian River County, a political subdivision of the State of Florida
Closing Agent: Atlantic Coastal Land Title Company, LLC
Property Location: 2625 58th Court, Vero Beach, FL 32966
The undersigned hereby acknowledge(s) and understand that contracts, affidavits, deeds, loan
documents and similarly related documents associated with a real estate transaction are legal and
binding documents. The closing agent is here to facilitate and close the transaction but does not
represent the parties as legal counsel. If at any time I(we) do not understand the meaning and
consequences of any document and its terms and obligations, I(we) have been advised not sign any
document before the seeking the advice of an attorney.
TAX RE -PRORATION AGREEMENT: If the property tax Bill for the year of closing has not been issued
by the Tax Collector at the time of closing, then the tax prorations set forth on the closing statement are
based upon an estimate, and that the actual taxes for the calendar year in which "closing" takes place could
represent an amount substantially different from that upon which the proration was based. If such a
difference is realized, the parties agree that upon demand of the other, to, without unreasonable delay, re -
prorate said taxes based on the actual amount of the bill rendered, using formulae standard in the industry,
and to make an appropriate, monetary adjustment between themselves. The Closing Agent is not responsible
to make further adjustments.
AGREEMENT TO COOPERATE: If requested by Lender,(if any) or Closing Agent, the parties agree to
fully cooperate and adjust for clerical errors, including the execution or re-execution of any reasonable
document and/or the remittance of any additional sum. The parties further agree that any amounts of money
due others for services rendered in conjunction with subject "closing" (such as balances owed to existing
mortgagees, loan costs associated with a new mortgage, survey, termite or roof inspection fees, or other
such costs or fees due), not collected or paid for out of closing funds, remain the responsibility of the
contracting party to so pay, and the collection and remittance of such fees, costs or indebtedness by the
closing agent is a courtesy service provided by the closing agent, with the contracting party remaining liable
for payment of any such fees, or shortages, not collected from the obligated party coincident to the "closing".
HOMEOWNER'S / CONDOMINIUM ASSOCIATIONS) (IF APPLICABLE). The Buyer acknowledges
the existence of any homeowners and/or condominium association(s) and is aware that monthly, quarterly
or annual maintenance assessments may be due to said association(s). Said association(s) may also have the
authority to regulate and enforce community covenants and restrictions.
PROPERTY CONDITION: Closing Agent does not make any representations or warranties nor assume
any liability with respect to the physical condition of the property, and any repairs to the property.
SURVEY(IF REQUIRED OR OBTAINED): The Buyer hereby acknowledges receipt of a copy of any
survey prepared for the subject transaction. The Buyer has reviewed said survey and accepts title subject to
the matters set forth on said survey.
CLOSING/SETTLEMENT STATEMENT: Closing Agent does not adjust and/or assume liability for
charges for water, rents, gas, electricity, taxes on personal property, garbage taxes or fees, license taxes,
association assessments or dues, or estoppel information furnished by mortgagees or others. Sometimes
recording fees and courier/express mail fees may vary due to the unknown amounts at the time of closing.
Therefore, the parties acknowledge hereto, that monies collected for recording and courier/express mail
fees may be more or less than the amount collected on the closing statement. Any shortfalls or overages
Page 1 of 2
File No.: 49084688
LTr
shall be considered the cost of doing business. Closing Agent will neither refund or collect said differences
The closing/settlement statement has been reviewed and approved, and the Closing Agent is irrevocably
authorized to make disbursements in accordance therewith.
CURRENT MORTGAGES AND REAL ESTATE TAXES: The Sellers acknowledge that the payoff
statement received by the Closing Agent from the current mortgagees may be subject to final audit after
receipt of the payoff funds resulting in a demand by said mortgagee for additional funds and Sellers agree
to hold Atlantic Coastal Land Title Company, LLC harmless for the loss or damage incurred due to any
inaccurate payoff balance whether in writing or given verbally and agrees to pay the shortage immediately
to Atlantic Coastal Land Title Company, LLC. The Seller further agrees that responsibility for unpaid
real property taxes and/or assessments not collected or prorated coincident to closing, notwithstanding any
error or omission on behalf of the closing agent in reporting, collecting, or discovering same, shall remain
the responsibility of Seller.
PARTIES: "Seller" and "Buyer" indicate singular or plural, as the context so requires or admits.
In fiver u
Thomas G. Crouch -Seller "J
William K. iSeBraal, Deputy County Attorney - Buyer
Therese B. Crouch - Seller
Date:
Date:
Date: 4 ' Z6 'it
Date:
SELLER(S) ADDRESS AND PHONE NUMBER(S) AFTER CLOSING
Address: Phone Number(s)
Home:
Work:
E -Mail Address: Other:
Page 2 of 2
File No.: 49084688
LIF
A. Settlement Statement U.S. Department of Housing wi r
and Urban Development OMB Approval No. 2502-0265
B. Type of Loan
1. 0 FHA 2. 0 RHS 3. 0 Conv. Unins.
4. 0 VA 5. 0 Conv. Ins.
6. File Number
49084688
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
Thomas G. Crouch
Therese B. Crouch
2625 581h Court
Vero Beach, Florida 32966
F Name and Address of Lender
G. Property Location
2625 58h Court
Vero Beach, Florida 32966
INDIAN RIVER
H. Settlement Agent
AtlanticCoaslal Land Title Company, LLC
855 21st St. Suite C, Vero Beach, FL 32960
Place of Settlemert
855 21 st Street
Suite C
Vero Beach, Florida 32960
1. Settlement Date
07/02/19
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. Contrad sales price
14,300.00 401. Contract sales price
14 300.00
102. Personal property
402. Personal properly
103. Settlement charges to borrower line 1400
4,726.60 403.
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
19,026.60 420. GROSS AMOUNT DUE TO SELLER
14 300.00
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER
500. REDUCTIONS IN AMOUNT TO SELLER
201. Deposit or earnest money
501. Excess Deposit (see instructions)
202. Principal amount of new loan(s)
502. Settlement charges to seller (line 1400)
0.00
203. Existing loan(s) taken subject to
503. Existing loans taken subject to
204.
504. Payoff of first mortgage loan
5,200.00
Wells Fargo Bank N. A
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 Aowntaxes to
510. Cil /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.
516.
219.
519.
220. TOTAL PAID BY/ FOR BORROWER
520. TOTAL REDUCTION AMOUNT DUE SELLER
5,200.00
300. CASH AT SETTLEMENT FROM OR TO BORROWER
600. CASH AT SETTLEMENT TO OR FROM SELLER
301. Gross amount due from borrower the 120
19,026.60 601. Gross amount due to seller line 420
14 300.00
302. Less amounts paid by/for borrower line 220
602. Less reduction amounldue to seller line 520
5,200.00
303. CASH FROM BORROWER
19,026.60 603. CASH TO SELLER
9,100.00
06-25-2019 at 12:18 PM form HUD -1 (3/86) ref Handbook 4305.2
C nFPADTNFNTnL IdnI ICINP ANn I IRRAN nFVFI nPMFNT SFT-rI FMFNT S MTEMENT PAGE 2
700.
L. SETTLEMENT CHARGES: File Number: 49084688
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.
Mta. ins. anlication fee to
807.
Assumption be 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 insuranos premUm to
903.
Hazard insurance premium yrs.to
904.
905.
1000.
RESERVES DEPOSITED WITH LENDER FOR
1001.
Homeowner's insurance mo. $
/mo.
1002.
Mortgage insuranoe mo. $
/ mo.
1003.
City Propertytaxes mo. $
! mo.
1004.
County property taxes mo. $
! mo.
1005.
Annual Assessments mo. $
/mo.
1006.
mo. $
/ mo.
1007.
mo. $
I mo.
1008.
Aggregate Reserve for HazardrPlood hs, CitylCounly Prop 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 Westcor Land Title Insurance Company
85.00.
1103.
Title examination to
1104.
Title insurance binder to
1105.
Document preparalon to
1106.
Notary fees to
1107.
Attome s fees to Collins Brown Barkett
4.000.00
indudes above item No:
1108.
Title insurance to Westcor Lard Title Insurance Company
100.00
1109.
1110.
(includes above item No:
Lenders coverage
Owners coverage 14,300.00-- 100.00
1111.
Digital Archive&andTech
35.00
1112.
Courier Fees Federal Express
55.00
1113.
Wire Fees CenterState Bank
16.00
1200.
GOVERNMENT RECORDING AND TRANSFER CHARGES
1201.
Recordhg fees Deed $ 35.50 Mo a e $
; Releases $
35.50
1202.
Ci /count /Stam s Deed $ ; Mo a e $
1203.
State tax/stamps Deed $ 100.10 i Mo a e $
100.10
1204.
Intan ibleTax Deed $ ; mortgage $
1205.
1300.
ADDITIONAL SETTLEMENT CHARGES
1301.
Survey to
1302.
Pest inspection to
1303.
1304.
1305.
1306.
1307.
1308.
1400.
TOTAL SETTLEMENT CHARGES enter on lines 103 and 502, Sections J and K
4.726.60
0.00
06-25.2019 at 12:18 PM form HUD -1 (3/86) ref Handbook 4305.2
HUD -1 SETTLEMENT STATEMENT
File Number: 49084688
I have carefully reviewed the HUD -1 Settlement Statement and to the best of my knowledge and belief, it
is a true and accurate statement of all receipts and disbursements made on my account or by me in this
transaction. I further certify that I have received a copy of the HUD -1 Settlement Statement.
Buyer
Indian River County
William 9. 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.
Thomas G. Crouch
Sellers
Therese B. Crouch
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: July 2nd, 2019
HUD -1 SETTLEMENT STATEMENT
File Number: 49084688
I have carefully reviewed the HUD -1 Settlement Statement and to the best of my knowledge and belief, it
is a true and accurate statement of all receipts and disbursements made on my account or by me in this
transaction. I further certify that I have received a copy of the HUD -1 Settlement Statement.
Buyer
Indian River County
William K. DeBraal, Deputy County Attorney
In the event a proration of taxes is necessary when the tax bills for the current year are prepared, the parties
agree to handle said re-prorations between themselves.
Sellers
--A. &en -2
T omas G. Crouch
Therese B. Crouch
Settlement Agent
The HUD -I 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.
Date: July 2nd, 2019
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown, County Administrator
THROUGH: Richard B. Szpyrka, P.E., Public Works Director
FROM: Monique Filipiak, Land Acquisition Specialist
SUBJECT: 26th Street—Advance Acquisition of Right -of -Way
262558 1h Court, Vero Beach, FL 32966
Owner: Thomas G. Crouch & Therese B. Crouch
DATE: May 13, 2019
DESCRIPTION AND CONDITIONS
Thomas G. Crouch and Therese B. Crouch own a 0.74 acre parcel of property located at 2625 58th Court,
Vero Beach, FL 32966. Staff approached Mr. and Mrs. Crouch about purchasing 0.06 acres of their parcel.
The subject property was built in 1956 and is zoned RS -3 Single -Family Residential District, up to three
units/acres.
As part of the Indian River County Comprehensive Plan's five-year Capital Improvement Element, the
widening of 26th Street to four lanes between 58th and 66th Avenues, is included and allocates funds for
the purchase of right-of-way. This parcel is located on the northwest corner of 58th Court and 26th Street
and due to right of way needs for the project, acquisition of 0.06 acres of the parcel is warranted.
The County obtained an appraisal of the property indicating a value of $5,200.00. The County offered
$12,000.00 ($5,200 to purchase the property and $6,800.00 to replace the existing vegetation). After a
few weeks of negotiations all parties agreed on $14,300.00 ($5,200 to purchase the property, $6,800.00
to replace the existing vegetation and $2,300.00 to cover replacement costs (material & labor) of existing
irrigation plus attorney's fees of $4,000.00 for a total amount of $18,300.00.
FUNDING
Funding for this expenditure in the amount of $18,300.00 is available from Acct #10215241-066120-
16006, Traffic Impact Fees/District II/ROW/26th Street/58th Ave to 66th Ave.
RECOMMENDATION
Staff recommends the Board approve $18,300.00 for the purchase of 0.06 acres of property located at
262558 th Court, Vero Beach, FL 32966, the replacement of vegetation, replacement costs of existing
irrigation, and attorney's fees, and authorize the Chairman to execute the purchase agreement on behalf
of the Board.
ATTACHMENTS
Purchase Agreement
APPROVED AGENDA ITEM FOR: May 21 2019
This document was prepared by 3120200012106
and should be returned to: RECORDED IN THE PUBLIC RECORDS OF
Indian River County Attorney's Office JEFFREY R SMITH, CLERK OF COURT
1801 27th Street INDIAN RIVER COUNTY FL
Vero Beach, FL 32960 BK: 3280 PG: 1413 Pape 1 of 1 2872020 1:22 PM
(772) 226-1425 D DOCTAX PD $70.00
QUIT -CLAIM DEED
110,
THIS QUIT -CLAIM DEED, executed this %5 day of February, 2020, by LEONARD GREEN,
whose mailing address is 2201 Flamingo Drive, Miramar, FL 33023, ("Grantor"), to INDIAN RIVER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street,
Vero Beach, FL 32960 ("Grantee").
WITNESSETH:
That Grantor, for and in consideration of the sum of One Dollar ($1.00), in hand paid by
Grantee, the receipt whereof is hereby acknowledged, and other good and valuable consideration,
does hereby quit -claim unto Grantee, their successors and assigns forever, all the right, title, interest,
claim and demand which Grantor has in and to the following described lot, piece or parcel of land,
situate, lying and being in the County of Indian River, State of Florida, to -wit:
Legal Description: IN TOWNSHIP 32, RANGE 39E, FROM SW COR OF SEC 22, RUN S 89 DEG 59
M - IN 30 SEC E, 935.5 FT, N 00 DEG 43 MIN 35 SEC W, 1585.12 FT; TH N 89 DEG 58 MIN, 31
SEC E, 60.0 FT TO POB, TH N 00 DEG 43 - MIN 35 SEC W, 210.0 FT; TH E 630.0 FT, TH S 00 DEG
43 MIN 35 SEC E, 210.0 FT; TH, W 630.0 FT TO POB.
Parcel ID: 32392200000500000018.0
Site Address: 4730 40TH AVENUE, VERO BEACH, FL 32967
IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first
above written.
Signed in the presence of:
sign:
print d namSJ4t4dA2T. . 0 A
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
By:
LeonaAGrfe-�e
The foregoing instrument was acknowledged before me this day of February, 2020, by
Leonard Green. He has produced FL ali-%,i�Pe!i i:E�n„�_ as identification.
NOTARY PUBLIC
sign: LJW,
printed name: L
Commission No.: C3 r
Commission Expiration: j -,41.-AOV
Approved as to form
and leg,94 sufficienc
oo - Uk
William K. DeBraal
Deputy County Attorney
NANC1f K MMALJ
r ►i CG111111iaft000287203
liq MwuwnO•lOO,it6a019
AFFIDAVIT OF LEONARD GREEN
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER)
COMES NOW LEONARD GREEN who, upon oath or affirmation, states as follows:
1. My name is Leonard Green and I am over the age of 18 years and have personal
knowledge of the information contained in this affidavit.
2. 1 am the current owner of the former Gifford Gardens property located at 4730 40th
Avenue, Vero Beach, Florida 32967, more particularly described as:
IN TOWNSHIP 32, RANGE 39E, FROM SW COR OF SEC 22, RUN S 89 DEG 59 M
- IN 30 SEC E, 935.5 FT, N 00 DEG 43 MIN 35 SEC W, 1585.12 FT; TH N 89 DEG
58 MIN, 31 SEC E, 60.0 FT TO POB, TH N 00 DEG 43 - MIN 35 SEC W, 210.0 FT;
TH E 630.0 FT, TH S 00 DEG 43 MIN 35 SEC E, 210.0 FT; TH, W 630.0 FT TO POB.
Parcel ID: 32392200000500000018.0
Site Address: 4730 40TH AVENUE, VERO BEACH, FL 32967
3. 1 acquired title to this property via Quit Claim Deed dated September 25, 2017 as recorded
in O.R. Book 3057, Page 2455, of the Public Records of Indian River County, Florida.
4. 1 am the sole owner of the property and have not executed any deeds or other
conveyances to the property since I acquired ownership.
5. 1 have not used the property as collateral for any loans, mortgages, or pledges since
acquiring property entitled to the property.
FURT AFF=AYETHUGHT.
By:
The foregoing instrument was ac nowledged before me this �e day of February, 2020, by
Leonard Green. He has producedFL three" li en.W, -as identification.
NOTARY PUBLIC
sign:1 J A.
printed name: 07
Commission No.:
Commission Expiration: .'26A x
Approved as to form
and legal sufficiency
illiam K. DeBraal
Deputy County Attorney
NANt,'Y K MOSSM1
CommWN * GG 28729.1
8ond�Allw'IMo�rFrn hwr�na A00.91i•T01!
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown; County Administrator
THROUGH: Phillip J. Matson, AICP
Community Development Director
FROM: Bill Schutt, AICP
Chief, Long Range Planning
DATE: February 10, 2020
SUBJECT: Consideration of Affordable Housing Advisory Committee Recommendations
It is requested that the following information be given formal consideration by the Board of County
Commissioners (BCC) at its regular meeting of February 18, 2020.
DESCRIPTION AND CONDITIONS
In December of 2018, the Indian River County BCC requested that its Affordable Housing Advisory
Committee (AHAC) discuss, study, and review the affordable housing issue within the county and
develop new recommendations to encourage the development of new affordable housing. Since
receiving that direction, the committee has met a total of 6 times. Through its meetings, the AHAC
first began by defining what is "affordable housing", then the AHAC moved on to review and
quantify the scale of the affordable housing problem within the County, and then to identify
governmental and non-governmental actions that could be taken (beyond current adopted policies
and regulations) to help facilitate the development of more affordable housing.
At their first meeting on February 14, 2019, the AHAC discussed the term "affordable housing" and
the fact that it is generally defined as a circumstance where housing expenses (monthly rent or
mortgage payment including taxes and insurance) are covered by no more than 30% of a household's
gross income. In later meetings, the AHAC reviewed the 28/36 Rule, which further refined the
definition to also take into account other debt. The 28/36 Rule is a common rule followed by
lenders that says that a household should spend a maximum of 28 percent of its gross monthly
income on housing expenses (mortgage, taxes, insurance) and 36 percent on total debt service
(housing expenses plus other monthly debt payments).
As part of the AHAC's analysis, the 28/36 rule was applied to varying income ranges starting with a
single minimum wage job earning just under $18,000 per year up through a household earning
$75,000 per year to determine maximum monthly housing payments by income category. That
maximum housing payment information was compared to the development sales and rental prices for
new single family and town home units currently available for sale and to newer rental project rent
rates. This analysis found that there are currently no new single-family home or townhome
purchase options for households with annual incomes below $65,000 and found similarly that
there are no market rate rental apartment complexes options for households earning less than
$50,000 to $55,000 per year. To quantify the issue, approximately 52%, or 30,000 households in
Indian River County do not have a high enough income (assuming a FHA Mortgage with 3% down
payment) to afford the lowest priced market rate new home option currently available in the County
or to rent a market rate apartment. The problem gets worse when looking at projections to the future.
Based on Census and County growth projections there will be a need for over 5,000 new housing
units by 2030 that will not be built by developers of market rate developments
(homeownership or rental).
The AHAC found that the reason that new homes are not being built to be sold to households
with annual incomes of less than $65,000 and why apartments are not being developed to
address income ranges below $50,000 to $55,000 is purely economics. As evaluated in detail by
the AHAC, the hard costs (land, overall site development costs, and building construction costs) and
soft costs (impact fees, design and engineering costs, etc.) when combined drive the sales price of
homes and rental rates of apartments to costs only sustainable by higher income groups. The AHAC
reviewed potential options for reducing development costs and incentivizing affordable housing
development (beyond the County's current methods) and on January 22, 2020, the AHAC completed
its list of recommendations for BCC consideration (Attachment 1).
That list includes recommendations for setting affordable housing development targets, revising the
County's expedited permitting process and Land Development Regulations, reducing or eliminating
impact fees, identifying vacant land and encouraging redevelopment opportunities, advocating for
increased funding, and requesting municipalities within the County to review and modify their
regulations to encourage affordable housing.
At this time, the AHAC requests the BCC review and consider the list of recommendations and
provide direction to staff and the AHAC.
ANALYSIS
The AHAC's 15 recommendations, along with a brief description and actions needed for
implementation, are listed on Attachment 1. While some of these recommendations are
straightforward and easy to implement, such as adopting targets and meeting regularly, others, such
2
as modifying land use and zoning maps and amending development and permitting policies are
complicated long-term tasks with potential legal and personal property ramifications. Some of these
implications are discussed in more detail in Attachment 2.
In summary, there is an unmet need for as many as 5,000 new affordable housing units in the County
by 2030. Although funding is available, it is often diverted by the state to other projects not related
to affordable housing. Challenges exist in the County to develop affordable housing that are market
based. Those challenges may be reduced through action by the BCC and its municipalities on the list
of recommendations from the AHAC. Some of the actions can be implemented more quickly than
others and some will take some time to analyze and if appropriate for the County to implement.
FUNDING
Funding in the amount of $10,000 for the purchase of the former Gifford Gardens property (AHAC
recommendation number 8) will be provided via budget amendment from General Fund — Cash
Forward October 1" Account Number 00119981-099910.
RECOMMENDATION
Staff recommends that the Board of County Commissioners (BCC) review and consider the list of
Affordable Housing Advisory Committee Recommendations, discuss any proposed changes the BCC
would like, and approve the list for implementation (as may be modified by the BCC). Specifically,
staff recommends that the BCC approve the negotiated price of $10,000 for the former Gifford
Gardens property and authorize the chair to execute any documents necessary to effectuate the sale.
ATTACHMENTS
1) List of Affordable Housing Advisory Committee Recommendations
2) Affordable Housing Advisory Committee Recommendations Detailed Discussion
F:\Community Development\SHIP\AHAC\AHAC 2019 - 2020\13CC ITEMS\BCC Agenda Item - AHAC Recommendations - February 18 2020
Final.doc
3
AFFORDABLE HOUSINCj ADVISORY COMMITTEE RECOMMENDATIONS
DETAILED DISCUSSION
1. Establish an objective for 1,500 new affordable housing units in the County by 2025 and a total of 4,000
new affordable housing units in the County by 2030. Per the AHAC, the County and its municipal
representatives determined that they could work together on that objective through advocating for full
funding of the State's Affordable Housing Trust Fund, including the State Apartment Incentive Loan (SAIL)
Program and the County's State Housing Initiative Partnership (SHIP) Program, advocating for allocation of
other state and federal affordable housing incentives to projects in the County (such as Low Income Housing
Tax Credits (LIHTC)), and from implementation of various AHAC recommendations that include ordinance
revisions and development review process improvements, support of public-private partnerships, and
implementation of educational programs for obtaining and maintaining housing.
2. Revise the expedited permitting process to identify and correct specific points where affordable housing
projects and permit reviews get slowed down. In this case, staff has already reviewed the issue and has made
internal changes to help to resolve. This included developing a new bright colored form specific for affordable
housing and sharing and coordinating with various reviewers from multiple departments. A liaison was also
established and it was requested that the departments and affordable housing developers reach out to the
liaison so that the liaison could help facilitate reviews and approvals and address any slow -downs in the review
process.
3 & 4. Revise the County's small lot subdivision regulations to allow even smaller lots to provide for
"shotgun" style homes and (4.) revise county planned development regulations and plat over -site -plan
regulations to restrict the ability of developers to build market rate housing on small lots intended for
affordable housing. These recommendations will require evaluation of and revision to several sections of the
County's Land Development Regulations and will require a feasibility analysis and coordination with various
departments (at least in the case of reducing lot sizes to less than the already small 50 -foot -wide lots). Lots of
less than 50 feet wide are not unheard of and have been developed in other communities in the state. Those
communities and their regulations could also be evaluated and government staff interviewed to identify
challenges that may be associated with the smaller lots to determine if they are a good option for Indian River
County.
S. Prepare information sheets and packets that review the local feasibility of developing tiny and modular
homes. The informational packets would be intended to explain what can and cannot be done in Indian River
County based on existing codes. The information could also help to facilitate development of these affordable
home options by providing resources and steps involved. As proposed, this recommendation would involve
some initial up -front staff time to develop and then very limited staff time thereafter other than for permit
review that already takes place for more traditionally built single family homes.
6. Modify the County's existing accessory dwelling regulations to allow larger units. Currently, the County's
accessory dwelling regulations allow for accessory housing units in agricultural, single-family, and multi -family
zoning districts throughout the County. Staff has found that the accessory dwelling regulations have rarely
been utilized by homeowners. Feedback on this issue has in part been attributed to the fact that accessory
dwellings are limited in size to no more than 33% of the heated/cooled gross floor area of the primary
Attachment 2
residential unit or 750 square feet, whichever is less. The AHAC proposes that the Accessory Dwelling
regulations be modified to allow accessory dwellings of up to 1,000 square feet under air on lots of greater
than 1 acre in size that have houses greater than 2,500 square feet. The AHAC also recommends increasing
the cap of accessory dwellings from 33% to 50% of the heated/cooled gross floor area of the primary
residential unit. Modifying the regulations as proposed should not have a substantial negative impact upon
neighboring properties given the fact that minimum zoning setback requirements are still required.
7. Support the reduction of impact fees for affordable housing. This recommendation was recently reviewed
by the BCC on January 21, 2020 as part of the County's impact fee study update report. At that time the BCC
indicated its support of the recommendation through a $0 impact fee for affordable housing for very low and
low income households with housing units below 1,000 square foot in size and a 50% impact fee rate for
affordable housing for very low and low income households with housing units between 1,000 and 1,500
square feet in size. The elimination and reduction of impact fees for affordable housing is allowed per Florida
Statute amended during the 2019 legislative session.
8. Foreclose on or otherwise acquire the former Gifford Gardens apartment complex site located at 4730
40t'Avenue, Vero Beach FL 32967 so that the County can work with non-profit or for-profit housing providers
to provide new affordable housing on the site. Currently the site is vacant, but formerly contained a
dilapidated apartment complex that had numerous health, safety, and maintenance code violations. The
complex was ultimately torn down in 2011 but currently has substantial public liens on it. The BCC recently
reviewed this request from AHAC and directed the County Attorney's Office to coordinate with the current
owner to see if the County could purchase the property at a justifiable price. If such coordination was
unsuccessful in three months, the County Attorney's Office was directed to pursue foreclosure. Since BCC
direction, the County Attorney's Office has spoken with the property owner and has negotiated a purchase
price of $10,000. The County Attorney's Office recommends that the BCC approve the negotiated priced and
authorize the chair to execute any documents necessary to effectuate the sale.
9. Direct the AHAC to meet regularly to review affordable housing progress and challenges. While this task
will likely involve greater staff resources, it does not appear that the issue of affordable housing is going to be
easily solved and that challenges will remain that will take more time and resources to solve.
10. Work with existing housing providers and businesses in the County to support educational programs for
credit repair, mortgage process education, probate process education, and other related educational
programs that will help facilitate money management and homeownership. With this recommendation, the
BCC and municipalities could look to provide meeting space for educational programs and could help to
facilitate, however, this should be a partnership with non -profits and the private sector. The degree to which
the BCC should dedicate staff time and resources to this needs to be defined.
11. Review of the county's various multi -family zoning districts to identify opportunities to remove some
use allowances to preserve those zoning districts for multi -family housing. For example, currently the
County's multi -family zoning districts allow for uses such as single-family homes in plat over site plan
developments. These developments produce market rate single family homes on lots similar in size to the
County's small lot subdivisions, which are intended for affordable housing. As reviewed by the AHAC, there is
a limited supply of multi -family housing in the County and allowing other non -multi -family uses to develop
Attachment 2