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HomeMy WebLinkAbout1993-029,, $a R/N COitllty.Rard X614 1>sy�esda,�+.unssc�iyrT.54 NOrpr>k Corpoi�atlon S 1 � { r RESOLUTION NO. 99-�_ A RESOLUTION OF INDIAN RIVER COUNTY, }' FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 198.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all Hens for taxes, delinquent or current, held or owned by the county or the state, Upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation ,and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and an Hens for taxes, delinquent or current, against the property described in O.R. Book 958, Page 0877, which was recently acquired by Indian River County for right of way purposes on C.R. #512, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner Adams and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice Chairman John W. Tippin Aye Commissioner Carolyn K. Eggert Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 9 day of February , 1993. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: By Richard N. Bird Jeff y $,,'B ton, :Cler Chairman Indnnnl , Cn j000, d Dasa Attachment Copy of ' Executed Deed Fl„ rn n, S OWNER'S POLICY OF TITLE INSURANCE Issued By ®Commonwealth. Land Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and cost, attorneys' fees and expenses which the Company may become obligated to pay hereunder, swtained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title. IN WITNESS WHEREOF, the Commonwealth Land Title Insurance Company has cawed its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Attest: By GX4&I� Gro hesident EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. (a) Governmental police power. (b) Any law, ordinance or governmental regulation relating to environmental protection. (c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part. (d) The effect of any violation of the matters excluded under (a), (b) or (c) above, unless notice of a defect, lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, lis pendens, liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge; provided, however, that without limitation, such records shall not be construed to include records in any of the offices of federal, state or local environmental protection, zoning, building, health or public safety authorities. 2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss & damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Face Paye ---- ----• - • -•_, •••••• - , ••,,�� lnm. �u•7 r•ru NO 70.77.84) - Form 100541 Valid Only If Schedules A, Band Cover Are Attached CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company may have had against the named insured, those who succeed to the interest of such insured by opent!on of law as distinguished from purchase including, but not limited to, heirs, distributees, devisee, survivors, personal represen- tatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage hereunder. (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. Schedule A, and impprolvemenntts�aRixeed tbed h ereto which bor y law constitute e in itute real property; provided, however, the term "land" does not include an yy property beyond the lines of the arca specifically described or referred to in Schedule A, nor any right,dile, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage"c mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": those records which by law impart con- structive notice of matters relating to said land. Z. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverageof this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty madeby such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in fora in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a pur- chase money mortgage given to such insured. 3. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and without undue delay, shall Provide for the defense of an insured in all litigation consisting of actions or Proceedings commenced against such insured, ora defense interposed against an insured in an action to enforce a contract for a sale of the estate or interest in said land, to the extent that such litigation is founded upon an alleged defect, lien, encumbrance, or other matter insured against by this policy. (b) The insured shall notify the Company Promptly in writing (i) in ase any action or proceeding is begun or defense is inter- posed as set forth in (a) above, (ii) in ase knowledge shall conic to an insured hereunder of any clam of title or interestwhich is ad- verse to the title to the estate or mterwt, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this Policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is reyy�ired; provided, however, that failure to notify shall in no ase prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appropriate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this Policy, the Company may pursue any such litigation to final deter- mination by a court of competent jurisdiction and expressly reserves the right, in its sok discretion, to appeal from any adverse judg- ment or order. (e) In all cases where this policy permits or requires the Com- pany to prosecute or provide for the defense of any action or pro- ceeding, the insured hereunder shall secure to the Company the right to so all a prosecute or provide defense in sueh action or proceeding, and appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, se cuing evidence, obtaining witnesses, or prosecuting or defending such actrion or proceeding, and the Company shall reimburse such insured for any expense so incurred. 4. NOTICE OF LOSS — LIMITATION OF ACTION In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of lou or damage shall terminate any liability of the Company under this policy as to such lou or damage. S. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against or to terminate all liability and obligations of the Company hereunder bypaying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses in. curred up to the time of such payment or tender of payment, by the insured claimant and authorized by the Company. S. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no ase exceed the least of: ( i) the actual Ion of the insured claimant; or ( ii) the amount of insurance stated in Schedule A. (b) The Company will pay, in addition to any Ion insured agairot by this policy, all costs imposed upon at. insured in litigation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. Conditions and SOPulatious Cautioned Inside Cover `3d•IIXIS•JI CONTROL NO. 120-118261 RUN COHMONWEALTH LAND TITLE INSURANCE COMPANY 2601 20th Street Vero Beach. FL 3296Q % Countersigned (/[l// "/ � , „C� Authorized Officer 6r Agent 980 1 �S J - IA t f Policy No. VB2594O-0 Ciutosier File no. BORPAx/IR CTy SCHEDULE 8 } This policy does not insure against loss or damage by reason of the following exceptions, 1. Taxes for the year 1993 and taxes or assessments which are not shown as existing liens by the public records or which may be levied or assessed subsequent to the date hereof. 2. Rights or claims of parties in possession not shown by the public records. 3. Encroachments, overlaps. boundary line disputes. and any other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Easements or claims of easements not shown by the public records. S. This policy does not insure against county and/or municipal improvement liens which are not recorded in the Official Records of Indian River County, Florida. 6. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer or gas system supplying the insured land. 7. Hatters as shown on the plats of Sebastain Highlands. Unit 2, as recorded in Plat Book 5, pages 34 thru 37; Replat of Sebastian Highlands. Unit 2 --Page 3, as recorded in Plat Book 6. page 88; and Sebastian Highlands, Unit Three, as recorded in Plat Book 5. page 99. all of the Public Records of Indian River County, Florida. S. Restrictions as reserved in Official Record Book 694. page 1515 and Official Record Book 727, page 1936, all of the Public Records of Indian River County, Florida. MM OF SCHEDULE B 3 T. LIMITATION OF LIABILITY No claim shall arise or be maintainable under this policy (a) if the Company, atter having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encumbrance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until There has been a final determination by a court of competent jurisdiction. and disposition of all a Is therefrom, adverse to the title, as insured, as provided in paragraph 3 hereof. or (c) for liability voluntarily assumed by an insured In settling any claim or suit without prior written consent of the Company. A. ,REDUCTION OF LIABILITY All Payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. No payment shall be made without producing this policy for endorsement of such payment unless the Policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the .satisfaction of the Company. S. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this Policy shall be reduced by any amount the Company may pay under any po)icy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A. and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this Policy and the amount so paid shall be deemed a Payment under this Policy to said insured owner. 10. APPORTIONMENT unless it liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. BUBROOATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or ProPerly to respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or Property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the proportion which said as of such insurent bests to d cclhe aimanttsoufsaid ch ctloss If shail not void [his policyshould result ` but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any. lost to the Company by reason of the impairment of the right of subrogation. 12. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorsements and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. Any claim of loss or damage, whether or not based on negligence. and which arises out of the status of the title to the estate or Interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendement of or endorsement to this policy can be made except by writing endorsed'hemon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or author&d signatory of the Company. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or 13. NOTICES, WHERE SENT more of said parcels but not all, the loss shall be computed and settled on All notices required to be given the Company and any statement in a pro rata basis as if the amount of insurance under this policy was divided writing required to be fumished the Company shall be addressed to pro rata as to the value on Date of Policy of each separate parcel to the Commonwealth land Title Insurance Company, Eight Penn Center, whole, exclusive of any improvements made subsequent to Date of Policy, Philadelphia, Pennsylvania 19103. Cover Page Amdrl-n Land Title Association Owners Policy -1070 - Form B (Rev, 10.17-70 and 10.17.84) Form 1005-8 Valid Only If Schedules A and B Are Attached 19' 3 N A� E OO06 v� 0 z° O O � lb TAP rr� tN•, . _ o• 19' 3 N A� E OO06 v� 0 z° O O � RECORD VERIFIED ` DOVJWKTARY STAMPS JEFFREY K. DEED 1 3f/,5.8d NIA IROU� � INDIAN RIVER s = NOTE $ Statutory Warranty Deed JEFFREY K. BARTON, CUHM( R/W County Road 512 INOIAN RIVER COUNT STATUTORY WARRANTYv DEED Co THIS INDENTURE, made this 6k '- day of is V 1992, between :r NOM R thCORPORATION, a dissolved New Jersey corporation, e address of which is 70 Blanchard Street, Newark, NJ 07105-4702, GRANTOR, and , ro. INDIAN RIVER COUNTY a o: State of Florida, wp hose address is subdivision Streete Vero Beach, FL 32960, GRANTEE W 0 W I T N E S S E T H: N That GRANTOR, for and in consideration of the sum of $10.00 w and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt of which is hereby acknowledged, has granted, bargained, and sold to the GRANTEE, and GRANTEE'S heirs and assigns forever, the following described land, situate, lying, and being in Indian River County, Florida: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF and GRANTOR does hereby fully warrant the title to the land, and will defend the same against the lawful claims of all persons whomsoever. Signed in the presence of: signer-t1 witness 0p NORPAK CORPORATION, a printed �e: E IC'A.a. _',7dissolved New Jerse corporation sig Witness BY _ printed name: f�,� f~�1 Anthony Coraci President 0 (Corporate Seal '' •c STATE OF NEW JERSEY COUNTY OF ESSEX The �foregoin�, instrument was acknowledged before me thfis �• day of �'r .5,, i o 1992, by Anthony Coraci, as president O Of NORPAK CORPORATION, a Jerse corporation, on %D behalf of said corporation. a is personally Town to me•or has CJ1 produced did.;-,,. i.d not) take an oath. as �� oe�nti on and who O ,.`,•�r•.�'�r sign Z•� /c't�l7l•�. o ` Not Gee O `printed ary PUblic v name: f Commission # L—w norzneasterly 150 feet and----" in Indian River County, Florida. being Tax I.D. #: 12-31-38-00003-0003-00000.0 Sebastian Highlands, Unit #2, Plat Book 5, Page 37, Tract M, Less the Southwesterly 150 feet and being in Indian River County, Florida. Tax I.D. #: 13-31-38-00001-0001-00000.0 Sebastian Highlands Subdivision, Replat of Unit #2, Plat Book 6, Pages 88, 88A and 88B, All of Tract N and being in Indian River County, Florida. Tax I.D. #: 13-31-38-00003-0001-00000.0 Sebastian Highlands Subdivision, Unit #3, Plat Book 5, Page 99, Tract O, less the part lying in the Southeast 1/4 of CountySection Floridanship 31, Range 38, and being in iridian River EXHIBIT "A" LCL-0701.DGF Q C U cc Z ai Co Vincent J. Coraci, 1. Affiant was an Officer and Director of Norpak Corporation, a dissolved New Jersey corporation. 2. Affiant and Anthony A. Coraci were the only Officers and Directors of Norpak Corporation upon its dissolution in the year of 1987. 3. Norpak Corporation, a dissolved New Jersey corporation, is the record owner of the following described property: Attached hereto and incorporated herein as Exhibit "A" 4. Affiant and Anthony A. Coraci have authorized the conveyance to Indian River County of Norpak Corporation's interest in the above-described property. AFFIANT o' CJ Vincent . Coraci a The foregoing instrument was acknowledged before me this of December, 1992 by Vincent J. Coraci ...day to me and who did not take an oath. is Personally.'known•: otary Pub is ape e My Commission expires:_,• SW@WFhft@uwr : WOWAdOW BOWL. JuMZ4.•1�{ .