HomeMy WebLinkAbout2019-091APrepared by:
Office of County Attorney
Indian River County
1801 2711 Street
Vero Beach, FL 32960
772-226-1425
COUNTY DEED
INDIAN RIVER COUNTY, FLORIDA
THIS DEED, made this day of July, 2019, by INDIAN RIVER COUNTY,
FLORIDA, a political subdivision of the State of Florida, party of the first part,
whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, and
GLEN C. BESANCON, party of the second part, whose mailing address is 6725
661h Avenue, Vero Beach, FL 32967.
WITNESSETH that the said party of the first part, for and in consideration of
the sum of Ten Dollars ($10.00) to it in hand paid by the party of the second part,
receipt whereof is hereby acknowledged, has granted, bargained and sold to the
party of the second part, its successors and assigns forever, the following
described property in "as is, where is" condition, with no warranties express or
implied, lying and being in Indian River County, Florida:
The South 90 feet of the South 5 acres of the East 20 acres of
Tract 1, Section 7, Township 32 South, Range 39 East, according
to the last general Plat of lands of the INDIAN RIVER FARMS
COMPANY SUBDIVISION, as recorded in Plat Book 2, at Page(s)
25, of the Public Records of St. Lucie County Florida; said lands
now lying an being in Indian River County, Florida.
LESS AND EXCEPT the East 156 feet thereof.
IN WITNESS WHEREOF the said party of the first part has caused
these presents to be executed in its name by its Board of County
Commissioners, acting by the Chairman of said Board, the day and year
aforesaid.
Attest: Jeffrey R. Smith, Clerk of
Court and Comptroller
By- 47_�L ate'
Y
Deputy Clerk
Approved as to form and
Le a S fficie c
r
William K. DeBraal
Deputy County Attorney
INDIAN RIVER COUNTY, FLORIDA
By its Board of County Commissioners
By: Bob Solari, Solari, Chairman
BCC approved: June 11, 2011
(Official Seal) `
AGREEMENT TO PURCHASE AND SELL REAL ESTATE
BETWEEN INDIAN RIVER COUNTY
AND
GLEN C. BESANCON
THIS AGREEMENT TO PU�HASE AND SELL REAL ESTATE ("Agreement") is
made and entered into as of the2 day of , 2019, by and between Indian
River County, a political subdivision of the 64te of Florida ("the County"), and Glen C.
Besancon ("the Seller) who agree as follows:
WHEREAS, Seller owns property located at 6725 66th Avenue, Vero Beach, FL,
Vero Beach, Florida. A legal description of the property is attached to this agreement as
Exhibit "A" and incorporated by reference herein; and
WHEREAS, the County is scheduled to do road improvements on 66th Avenue
between 49th Street and 816t Street in the future and the road expansion will impact the
Seller's property; and
WHEREAS, in order for the County to proceed with its road expansion plans, the
County needs to purchase property to be used as right-of-way from landowners along and
adjacent to 66th Avenue; and
WHEREAS, the County contacted the Seller and offered to purchase right-of-way of
approximately 37,808 square feet or 0.87 acres of property as depicted on Exhibit "B", and
WHEREAS, the Parties agree this is an arm's length transaction between the Seller
and the County, without the threat of eminent domain.
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants and premises hereinafter, the COUNTY and SELLER agree as follows -
1 .
ollows:
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 6725 66tt' Avenue,
Vero Beach, FL and more specifically described in the legal description attached as Exhibit
"B", fee simple, containing approximately 37,808 square feet, 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 $200,000.00 (Two Hundred Thousand 00/100 Dollars). The Purchase
Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the
date upon which the County shall have approved the execution of this Agreement, either by
approval by the Indian River County Board of County Commissioners at a formal meeting
of such Board or by the County Administrator pursuant to his delegated authority.
2.2 Unimproved Parcel. The County agrees convey to the Seller the parcel of property
minus the needed Right -of -Way directly to their south border as depicted in Exhibit "C".
2.3 Conditions.
The County agrees to the following conditions of the sale:
2.3.1. Two parcels of equal size, both of which may be improved with single family
residences, may be legally created with the remainder parcel and the property shown on
Exhibit "C".
2.3.2. Each parcel will have the existing impact fees credited to the land.
2.3.3. The north driveway will remain in place and the south driveway may be located as far
south as permitted for a total of two driveways, one for each parcel.
2.4 Costs and Fees. The County shall pay the sum of $18,000.00 for all expert witness
fees and costs. The County shall pay $52,107.00 for all attorneys' and costs, including
non -monetary benefits to the Brent Simon Law Group.
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
4
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: Glen C. Besancon
6725 66th Avenue
Vero Beach, FL 32967
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 maybe 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.
"con�M,••
J�;tY........ S�NQIAN RIVER COUNTY, FLORIDA
E�ARD OF COUNTY COMMISSIONERS
2: Bob Solari, Chairman Glen C. Besancon, Date
`'�9 moo`;:•' As Power of Attorney
•?���FRcauN�+Approved by BCC June 11, 2019
ATTEST:
Jeffrey R. Smith, Clerk of Court and
Compttrbl r
By:
CM 1Ajf__
Depu y Clerk
Jason
Administrator
Ap roved as to F m a d Legal fficiency:
William K. De raal, Deputy tounty Attorney
EXHIBIT "A"
INDIAN RIVER FARMS CO SUB PBS 2-12 S 5 A OF E 20 A OF TR 1 LESS S - 90 FT
(OR BK 501 PP 500)
Commonly known as: 6725 66th Avenue, Vero Beach, FL 32967
Parcel ID Number: 32-39-07-00001-0010-00006.0
Gj
f 3 8i
N I N
W »> E WI I IN C>
I
U-
0 S 100,
GRAPHIC SCALE IN
N
• — — a 156.00'
EAST LINE 50' 50'--•I
TRACT 1
w) Q I
INDIAN RIVER FARMS CO.
PLAT BOOK 2, PAGE 25 37 808 PARCEL
Q.. 107
. Z
(ST, LUCIE) .H 0.87 ACRES N w U
Q
32390700001001000006.0 N g$ I Q Q
ORB 1200, PG 2360 ' w 30'
'
nd 50' cQ 3z 20' � C0 J
w cx cv I
N
156.00'ca
90' I . 04 I
_SOUTH UNE TRACT 1
a
Do
I NI
LEGAL DESCRIPTION
RIGHT OF WAY PARCEL
THE EAST 156.00 FEET OF THE FOLLOWING DESCRIBED PARCEL AS RECORDED IN OFFICIAL RECORDS BOOK
1200, PAGE 2360, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA_
THE SOUTH 5 ACRES OF THE EAST 20 ACRES OF SAID TRACT 1, LESS THE SOUTH 90 FEET THEREOF,
SECTION 7, TOWNSHIP 32 SOUTH, RANGE 39 EAST, AS THE SAME IS DESIGNATED ON THE LAST GENERAL
PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE
CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, NOW PART OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA, LESS AND EXCEPT ALL EXISTING RIGHTS OF WAY FOR PUBLIC
ROADS, CANALS AND DITCHES. SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.
CONTAINING 37,808 SQUARE FEET OR 0.87 ACRES, MORE OR LESS.
PROPOSED ACQUISITION PARCEL ACREAGE — 0.87 ACRES
PORTION OF THE ACQUISITION PARCEL
THAT IS ENCUMBERED BY THE FDOT = 0.17 ACRES
RIGHT—OF—WAY
SURVEYORS NOTE
1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY.
2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST LINE OF SECTION 7. SAID UNE BEARS NORTH
00'00'25" EAST.
3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES.
4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH
AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER
COUNTY, FLORIDA.
LEGEND
SECTION LINE
— — — — — — EASEMENT LINE
PROPERTY UNE
Thf& owt//M' thot o./apo/ dp'pr'of/� o pfp.,{y ehon,n
ofi€ qa �kotph of th.
h—on rros moda•Lndel: frit +uP W4'r vnd that th/s twpo/ d ..rptkrn
— — PROPOSED RIGHT OF WAY
PARCEL
and .k tch m t. t�rs e;ovrAvdZ q� etro.. rt. forth by tA. F7arido
Board of pnalfgi./"#In 6rWtw 6•H 17 Fl—/d.
— — RIGHT OF WAY UNE
Ad—kr/abot/ro C.6*,Z.;adont tot-Soot/gr., 4`T,1,Cf7or/da Statutaa and
that th/a ok wftg!%ea Im. 'and t.Yrajp�dsliirtot/an th.rwf to tha
P.O.C. POINT OF COMMENCEMENT
P.O.H. POINT OF BEGINNING
to o 'and notot/ons .frown
h.r.gn. >�
bwt or my knoyitps-'pnNS�gitluZ.5'
R/W RIGHT OF WAY ORB OFFICIAL RECORDS BOOKnPG
e
PAGE♦rG
FDOT FLORIDA DEPARTMENT OF
Dt7NE7E'R, P.S'Ac Ma 5179,._ f' `
<.,,{{ ty`'
TRANSPORTATION
DA TE.- JUL'2 _4 ^k�!'. �•4,'
SECT. SECTION
Not rw/d wMmd thea/pnoture.'' nd Ms'aipkiat"rals�d riot of o r7orido
L/c.n..d SUr and At •� .
omoim °' ocn
'°"
iumley>>> Horn
DAW
LEGAL DESCRIPTION AND SKETCH OF
"010ET "1H�
�
oNrma r
oc mn KcY-4roiw .w .tea„Q nc
7/`10/17
PROJECT N4
PARCEL 107
1 OF 1
�.
Ne 4�nr ffRETm, lM,c aoq wm �c.�al, fi �yW
n,o,c
INDIAN RIVER COUNTY. FLORIDA
w.wiaatr�Nootcaa
04703504.1
Stretch and L Ova/ Description for./ND/AN RIVER COUNTY
Legal Description (Remainder Parcel)
BEING THE WEST 495.37 FEET OF THE SOUTH 90.0 FEET OF THOSE LANDS AS DESCRIBED IN OFFICIAL
RECORD BOOK 2295, PAGE 536, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID LANDS BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: `
THE SOUTH 90 FEET OF THE SOUTH 5 ACRES OF THE EAST 20 ACRES OF TRACT 1, SECTION 7, TOWNSHIP 32
SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS
COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, AT PAGES(s) 25, OF THE PUBLIC REOCRDS OF ST.
LUCIE COUNTY FLORIDA; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.
CONTAINING 44,547 SQUARE FEET (1.02 ACRES), MORE OR LESS
EXHIBIT "C"
Surveyor's Notes
1). This Sketch and Legal Description was prepared with the benefit of a Boundary Survey prepared by the Indian River County Public Works
Department - Survey Section, Job No. 1505, Dated May 21, 2018. Together with the Last General Plat of the Lands of the Indian River Farms
Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St. Lucie (now 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 not valid unless signed and sealed with
an embossed surveyor's seal.
Legend and Abbreviations
C. R.
= COUNTY ROAD
I.R.F.W.C.D.
= INDIAN RIVER FARMS
WATER CONTROL DISTRICT
L
= LENGTH OF ARC
LLC
= LIMITED LIABILITY COMPANY
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
= RANGE
R/W
= RIGHT-OF-WAY
T
= TOWNSHIP
This is not a Boundary Su
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-17.052 Ft_ORIDA ADMINISTRATIVE CODE,
PURSUANT TO SECTION 472.027 FLORIDA STATE STAT�Tf
ZJAI,
r � 4
DATE OF SIGNATURE DAV I r=R { v
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICAT§NO. 4864
AGENCY: IND/AN R/VER COUNTY, F-
PURL/C WORKS DEPT./ENG/NEER/NG 0/1!
DATE: DRAWN BY:
5/14/19 R. /NGLETT
SCALE: APPROVED BY:
NIA APPROVED
SCHRYVER
SHEET: JOB N0:
1 OF 2 f sn s
Stretch and L era/ Description
fora
IND/AN RIVER COUNTY
(6705 66117 A VENUE)
Stretch and L egat Description fora /ND/AN RIVER COUNTY
NORTH LINE OF THE SOUTH 5 ACRES OF
THE EAST 20 ACRES OF TRACT 1
I 1
.
a ------ 80' ------ 30 - 70
50' S0'
w
0 J I
00
Z N
IIQw
0 En
� $ U
goo
IiCD
Q
� Q C
N �
M
O r
o
n
O
RAN
m
�aoa
C40.
b
00�M
0 Z
�Qwao
oIooZIQo
C
m
INDIAN RIVER FARMS COMPANY
Tract 1
(PBS 2, PGE 25)
0
Lu7
N 32-39-07-00001-0010-00006.0
sw GLEN BESANCON
SITE ADDRESS: 6725 66TH AVE
O.R.B. 1200, PG 2360
1.02 ACRES±
32-39-07-00001-0080-00002.0
DEEPTI AND HARISH SADHWANI
SITE ADDRESS: 65th STREET
O.R.B. 1818, PG 1661
y
-.I
C
z
ml0
-n.
�I
156'
—�—
------ T ----------------I-----
32-39-07-00001-0010-00007.0
INDIANRIVER COUNTY
SITE DDRESS: 6705 66TH AVE
.R.B. 2295, PG 536
Leqend and Abbreviations
D
y=�
Z
m-
C.R.
= COUNTY ROAD
PBS
= PLAT BOOK ST. LUCIE
I.R.F.W.C.D.
= INDIAN RIVER FARMS
A
=DELTA ANGLE
WATER CONTROL DISTRICT
SQ. FT.=
SQUARE FEET
L
= LENGTH OF ARC
R
= RANGE
LLC
= LIMITED LIABILITY COMPANY
RM!
= RIGHT-OF-WAY
O.R.B.
= OFFICIAL RECORD BOOK
T
= TOWNSHIP
(P)
= PLAT
NOT TO SCALE P.B. = PLAT BOOK
PGE =PAGE
This is not a Boundary Survey
AGENCY: SND/AN R/llEP COUNTY, FL
PURL/C WORKS DEPT/ENG/NEER/NG 0/1!
n ATC'. I MMA111u nv_
_ ... _. 5/14/19 .. R. 1NGL,
SCALE: APPROVED BY:
N/A D. 5018)
SHEET: JOB NO:
2 OF 2 1505
Sketch and L egat Description
for.
INDIAN RIVER COUNTY
(6705 66t17 A VENUE)
3120190048823
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3231 PG: 1153 Page 1 of 3 8/192019 12:10 PM
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.: 49084757
Property Appraisers Parcel Identification (Folio) Number: 323907000010010000060
Space above this line for Recording Data
WA#JMNTY DEED
THIS WARRANTY DEED, made the a day of August, 2019 by Glen C. Besancon, an unmarried man, whose
post office address is 6725 66th Ave Vero Beach FL 32967, Vero Beach, FL 32967, herein called the Grantor, to
Indian River County, a political subdivision of the State of Florida, whose post office address is 180127th 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 Grantor, for and in consideration of the sum of Ten and 00/100 ($10.00) and other
valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirms unto the Grantee all that certain land situate in INDIAN RIVER County, State of
Florida, viz.:
The East 156 feet of the following described parcel as recorded in Official records Book 1200, Page 2360,
of the Public Records of Indian River County, Florida:
The South 5 acres of the East 20 acres of Tract 1, less the South 90 feet thereof, Section 7, Township 32
South, Range 39 East, as the same is designated on the last general plat of lands of the Indian River
Farms Company filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat
Book 2, Page 25, now part of the Public Records of Indian River County, Florida, Less and Except all
existing rights-of-way for public roads, canals and ditches. Said land lying and being in Indian River
County, Florida.
Pursuant to Rule 12B-4013, F.A.C, this Warranty Deed is given to a governmental entity under threat of
condemnation or as part of an out-of-court settlement of condemnation proceedings, and is not subject to
tax.
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 Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple;
that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2018.
File No.: 49084757
LTF
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written.
Signed, sealed and delivered in the ence of
Witnes jature
Witnes # 1 nted Name
6044�
Wim ss #2 ' nature
Witness #2 Printed Name
State of Florida
County of Indian River
The foregoing instrument was acknowledged before me this/
Attorney-�P�
Curt Douglas Besancon, who is
as identification.
SEAL
My Commission Expires:
File No.: 49084757
(��+ 0 21'0'Z"V)(Scal)
Glen C. Besancon, as Attorney -In -Fact for Curt Douglas
Besancon
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day of August, 2019, by Glen C. Besancon, as
personally known to me or has produced
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Printed Notary Name
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JASON A. BEAL
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PROPOSED ACQUISITION PARCEL ACREAGE — 0.87 ACRES
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0 PORTION OF THE ACQUISITION PARCEL
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SJURVE `ORS NOTE
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% 2) THE BEARING BASE FOR T'rIIS SURVEY, IS THE EAST LINE OF SECTION 7. SAID LINE SEARS NORTH
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FLORIDA
OWNER'S POLICY OF TITLE INSURANCE
(with Florida Modifications)
Policy Number OXFL-08802698 File Number: 49084757
** * ** Issued by Old Republic National 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, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Florida 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.
Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v► a document executed under a falsified, expired, or otherwise invalid power of attorney;
NO 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.
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 zoning) 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.
In Witness Whereof, OLD REPUBLIC NATIONAL 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 signatory of the Company.
Policy Issuer:
Countersigned: ATLANTIC COASTAL LAND TITLE COMPANY, LLC
855 21ST STREET, STE C OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
CENTERSTATE BANK BLDG, 2ND FLR A Stack
VERO BEACH, FL 32960 Company
PHONE: (772) 569-4364 400 Second Avenue South, Minneapolis, Minnesota 55401
(612)371-1111
Authorized Officer or Licensed Agent
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6-17-06 (with Florida Modifications)
By ( ' �- President
Attest Secretary
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement
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 attached 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 of
this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
(a) Any law, ordinance, permit, or governmental regulation
(including those relating to building and zoning) restricting
regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any
improvement 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 S.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured
Claimant;
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6-17-06 (with Florida Modifications)
(b) not Known to the Company, not recorded in the Public
Records at Date of Policy, but Known to the Insured Claimant
and not disclosed in writing to the Company by the Insured
Claimant prior to the date the Insured Claimant became an
Insured under this policy;
(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
sustained 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.
Page 2
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance": The amount stated in Schedule A, as may
be increased or decreased by endorsement to this policy, increased
by Section 8(b), or decreased by Sections 10 and 11 of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in
Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability
company, or other similar legal entity.
(d) "Insured": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Title of the Insured by operation of law as
distinguished from purchase, including heirs, devisees, survivors,
personal representatives, or next of kin;
(B) successors to an Insured by dissolution, merger, consolidation,
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
Entity of the named Insured, provided the affiliated
Entity and the named Insured are both wholly-owned
by the same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust
created by a written instrument established by the
Insured named in Schedule A for estate planning
purposes.
(ii) With regard to (A), (B), (C), and (D) reserving, however, all rights
and defenses as to any successor that the Company would have had
against any predecessor Insured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(f) "Knowledge" or "Known": Actual knowledge, not constructive
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 improvements
that by law constitute real property. The term "Land" does not
include any property beyond the lines of the area described in
Schedule A, nor any right, title, interest, estate, or 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 security
instrument, including one evidenced by electronic means authorized
by law.
(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.
(j) "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
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6-17-06 (with Florida Modifications)
purchase, lease, or lend if there is a contractual condition requiring
the 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
warranties 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 Conditions, (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
other act that in its opinion may be necessary or desirable to
establish the Title, as insured, or to prevent or reduce loss or
damage to the Insured. The Company may take any appropriate
action under the terms of this policy, whether or not it shall be
liable to the Insured. The exercise of these rights shall not be an
admission of liability or waiver of any provision of this policy.
If the Company exercises its rights under this subsection, it must
do so diligently.
(c) Whenever the Company brings an action or asserts a defense
as required or permitted by this policy, the Company may pursue
the litigation to a final determination by a court of competent
jurisdiction, and it expressly reserves the right, in its sole
discretion, to appeal any adverse judgment or order.
Page 3
CONDITIONS (con't)
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 proceeding
and any appeals, the Insured shall secure to the Company the right
to so prosecute or provide defense in the action or proceeding,
including the right to use, at its option, the name of the Insured for
this purpose. Whenever requested by the Company, the Insured,
at the Company's expense, shall give the Company all reasonable
aid (i) in securing evidence, obtaining witnesses, prosecuting or
defending the action or proceeding, or effecting settlement, and
(ii) in any other lawful act that in the opinion of the Company may
be necessary or desirable to establish the Title or any other matter
as insured. If the Company is prejudiced by the failure of the
Insured to furnish the required cooperation, the Company's obligations
to the Insured under the policy shall terminate, including any
liability or obligation to defend, prosecute, or continue any litigation,
with regard to the matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to
submit to examination under oath by any authorized representative
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 damage. 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 or tender payment of the Amount of Insurance under this
policy together with any costs, attorneys' fees, and expenses
incurred by the Insured Claimant that were authorized by the
Company up to the time of payment or tender of payment and that
the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations of the Company to the Insured under this policy, other
than to make the payment required in this subsection, shall terminate,
including any liability or obligation to defend, prosecute, or contin-
ue 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
ORT Fonm 4309 FL
ALTA Owners Policy of Title Insurance 6-17-06 (with Florida Modifications)
policy. In addition, the Company will pay 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; 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
liability 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
Conditions 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 Company
will also pay those costs, attorneys' fees, and expenses incurred 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 access
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.
(b) In the event of any litigation, including litigation by the Company
or with the Company's consent, the Company shall have no liability
for loss or damage until there has been a final determination 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 settling
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.
Page 4
CONDITIONS (con't)
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company
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 Company of these rights and remedies.
The Insured Claimant shall permit the Company to sue, compromise,
or settle in the name of the Insured Claimant and to use the name
of the Insured Claimant in any transaction or litigation involving
these rights and remedies.
If a payment on account of a claim does not fully cover the loss of
the Insured Claimant, the Company shall defer the exercise of its
right to recover until after the Insured Claimant shall have recovered
its loss.
(b) The Company's right of subrogation includes the rights of the
Insured to indemnities, guaranties, other policies of insurance, or
bonds, notwithstanding any terms or conditions contained in those
instruments that address subrogation rights.
14. ARBITRATION
Unless prohibited by applicable law, arbitration pursuant tothe Title
Insurance Arbitration Rules of the American Arbitration Association
may be demanded if agreed to by both the Company and the Insured at
the time of a controversy or claim. Arbitrable matters may include, but
are not limited to, any controversy or claim between the Company and
the Insured arising out of or relating to this policy, and service of the
Company in connection with its issuance or the breach of a policy
provision or other obligation. Arbitration pursuant to this policy and
under the Rules in effect on the date the demand for arbitration is
made or, at the option of the Insured, the Rules in effect at Date of
Policy shall be binding upon the parties. The award may include
attorneys' fees only if the laws of the state in which the Land is
located permit a court to award attorneys' fees to a prevailing party.
Judgment upon the award rendered by the Arbitrator(s) may be
entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6-17-06 (with Florida Modifications)
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT
(a) This policy together with all endorsements, if any, attached to it
by the Company is the entire policy and contract between the
Insured and the Company. In interpreting any provision of this
policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the
Title or by any action asserting such claim whether or not based on
negligence shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in
writing and authenticated by an authorized person, or expressly
incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a
part of this policy and is subject to all of its terms and provisions.
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 terms of this policy. In neither case shall
the court or arbitrator apply its conflicts of law principles to deter-
mine 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 400 Second Avenue South, Minneapolis,
Minnesota 55401-2499, Phone: 612-371-1111.
Page 5
ALTA 6-17-06 OWNER'S POLICY (WITH FLORIDA MODIFICATIONS)
SCHEDULE A
File Number: Policy Number: Date of Policy:
49084757 OXFL-08802698 8/19/2019 @ 12:10 PM
Property Type:
State: Florida, County: INDIAN RIVER
Address Reference: 6725 66th Ave, Vero Beach, FL 32967
1. Name of Insured:
Premium: Amount of Insurance:
$1,075.00 $200,000.00
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:
The East 156 feet of the following described parcel as recorded in Official Records Book
1200, Page 2326, of the Public Records of Indian River County, Florida:
The South 5 acres of the East 20 acres of Tract 1, less the South 90 feet thereof, Section 7,
Township 32 South, Range 39 East, as the same is designated on the last general plat of
lands of the Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of
St. Lucie County, Florida, in Plat Book 2, Page 25, now part of the Public Records of Indian
River County, Florida, Less and Except all existing rights-of-way for public roads, canals and
ditches. Said land lying and being In 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
LTF.,
ALTA 6-17-06 OWNER'S POLICY (WITH FLORIDA MODIFICATIONS)
Policy No. OXFL-08802698
File No.: 49084757
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. Restrictions, dedications, reservations, setbacks and easements, if any, as indicated and/or shown on that
certain Plat recorded in Plat Book 2, at Page(s) 25, of the Public Records of Saint Lucie County, Florida,
now lying and being in Indian River County, Florida.
8. Actual acreage is neither insured nor guaranteed.
9. Riparian rights and littoral rights, if any, incident to the land.
10. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for
unpaid service charges for service by any water, sewer or gas system supplying the insured land.
Note: This policy is of no force and effect unless Schedule A and Schedule B are attached together with any added pages
incorporated by reference.
OP -25S / ALTA 6-17-06 Owner's Policy Schedule A and B (With Florida Modifications) (WLTIC Edition 1/26/11)
Our File No.: 49084757
LTF-1
I
Prepared By:
Atlantic Coastal Land Title Company, LLC
855 21st Street, Suite C
Vero Beach, Florida 32960
Incidental to the issuance of a title insurance policy.
File Number: 49084757
3120190048825
RECORDED IN THEPUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3231 PG: 1157 Page 1 of 6 8/192019 12:10 PM
POWER OF ATTORNEY AFFIDAVIT
STATE OF: Florida
COUNTY OF: Indian River
On this day personally appeared before me Curt Douglas Besancon, who upon being duly sworn
does solemnly affirm:
1. That I am of sound mind and adult age.
2. That I am attorney in fact for Glen C. Besancon under Power of Attorney dated June 29, 2008
and said Glen C. Besancon is alive, has not been declared incompetent and has not revoked
the Power of Attorney.
FURTHER affiant sayeth naught.
R"- uArvV--c� I
Curt Douglas Besancon
STATE OF: Florida
COUNTY OF: Indian River
THE FOREGOING INSTRUMENT was acknowledged before me on August 15, 2019 by Curt
Douglas Besancon, who is personally known to me or who has produced
ji as identification and who did take an oath.
Notary Seal
JASON A. BEA! ch '
State of Fie
Notary Public .,
Y ° = ry ature
_ _« � ; • _ Commission �' C ; 01 � 5..V { PU
y "
r,�y comm. ExOus Qct 11, 2020
=Nr
,h�outatio'jotattir A�
My Commission expires:
Our File No.: 49084757
Printed Notary Name
GLENC BESANCON DURABLE POWER OF ATTORNEY
(pursuant to Section 709.08 Florida Statutes)
KNOW ALL MEN BY THESE PRESENTS, that I, GLEN CURTIS BESANCON, a/k/a
GLEN C BESANCON, currently residing at 6725 66th Ave, Vero Beach, Florida, 32967, do
hereby nominate, constitute and appoint, CURT DOUGLAS BESANCON, with the authority
to act individually, and to act alone, as my true and lawful attorney-in-fact, for me and in my
name, place and stead, giving and granting unto my said attorney-in-fact, full power and
authority to do and perform, alone, all and every act and thing whatsoever requisite and
necessary to be done in and about the premises as fully, to all intents and purposes as I
might or could do if personally present, with full power of substitution and revocation, hereby
ratifying and confirming all that said attorney-in-fact shall lawfully do or cause to be done by
virtue hereof. By virtue of the foregoing Durable Power of Attorney, I further give and grant
my said attorney-in-fact the full power and authority to:
A. Collect, receive and receipt for any and all sums of money or payments due or to
become due to me.
I
I" B. Sue in my name and behalf for the recovery of any and all sums of money or
payments due or to become due to me and to collect on any judgments recovered by me and
execute satisfactions of the same.
C. Initiate, defend, continue, or settle suits on my behalf or to enforce the exercise of
these powers granted to my attorney-in-fact.
D. Hire or discharge (with or without cause) employees including, but not limited to,
physicians, nurses, attorneys, and domestics.
E. Deposit to or withdraw from, or draw checks or drafts upon, any and all savings or
checking accounts, money market funds or any other type of account in my name; open any
new such accounts in my name in any bank or financial institution or with any insurance or
brokerage firm; and endorse my name to any and all negotiable instruments.
F. Pay any and all bills, accounts, claims, and demands now or hereafter payable by
me.
Page 2 of 5
G. Receive and endorse for deposit in any account any payments that I receive from
any branch or department of the United States or other government, including without
limitation, Social Security payments, Veteran's Administration payments or grants, Medicare
or Medicaid payments, and tax refunds.
H. To represent me before any office of the Internal Revenue Service or any state
agency; prepare and sign any tax return on my behalf; receive confidential information
regarding tax matters (SSN 262 62 8549) for all periods, whether before or after the execution
of this instrument; and to make any tax elections on my behalf.
1. Borrow money and to otherwise incur or guarantee indebtedness for which I will be
liable, and to secure any such indebtedness by mortgage or other security interests
encumbering my assets.
J. Act for me in any business or enterprise in which I am now or have been engaged
or interested or with respect to any trust in which I have a beneficial interest.
K. Manage all assets and properties belonging to me or in which I have any interest,
and to expend whatever funds my attorney-in-fact deems proper for the preservation,
maintenance, or improvement of those assets or properties.
L. Compromise, arbitrate, or otherwise adjust claims in favor of or against me or any
assets or entity in which 1 have an interest, and to agree to any rescission or modification of
any contract or agreement.
M. Participate in any type of liquidation or reorganization of any enterprise.
N. Join with other persons with who I own property as joint tenants with right of
survivorship in any transaction regarding that property.
O. Vote and exercise all rights and option, or empower another to vote and exercise
those rights and options, concerning any corporate stock, securities, or other assets; to enter
into or approve agreements for merger, reorganization or equivalent transactions with respect
to any company or enterprise; to delegate those rights to an agent; and to enter into voting
trusts and other agreements or subscriptions.
P. Exercise all rights and options, or empower another to exercise those rights and
options, concerning sole proprietorships, general or limited partnerships, joint ventures,
business trusts, land trusts, limited liability companies, and other domestic and foreign forms
of organizations.
Q. Buy, sell, exchange, lease, convey, and grant options with respect to any real or
personal property and to negotiate for and to enter into contracts and agreements of every
nature, concerning real or personal property, including exempt property. Any such contract,
Page 3 of 5
agreement, or lease will be valid and binding for its full term, even if it extends beyond my
lifetime or the duration of this power of attorney. HOWEVER, THE SALE OF MY
HOMESTEAD, 6725 66TH Ave, Vero Beach, FL 32967, shall require the joint action of my
attorney-in-fact and my sons Curt Douglas Besancon and Mark Edward Besancon.
R. To exercise all powers even though my attorney-in-fact may also be acting
individually or on behalf of any other person or entity interested in the same matters.
S. Transact all business, make, execute and acknowledge all contracts, orders,
deeds, bills of sale, assurances, promissory notes, mortgages and other instruments of any
nature which may be requisite or proper to effectuate any matter or things pertaining to or
belonging to me.
T. Make gifts for estate planning purposes, including gifts to my attorney-in-fact;
change the beneficiaries of any life insurance policies or other qualified or nonqualified benefit
plans; create revocable or irrevocable trusts for the benefit of myself or of other persons,
including but not limited to estate planning, qualification for governmental benefits, or
otherwise; transfer and convey property to any such trust; and consent to the creation or
extension of trusts established by other persons for my benefit.
U. Buy U.S. Treasury Bonds redeemable at par in payment of estate taxes, and to
purchase, sell, or redeem U.S. Savings Bonds.
V. Employ and compensate any investment management service, financial institution,
or similar organization to advise my attorney-in-fact and to handle all investments and to
render all accountings of funds held on my behalf under custodial, agency, or other
agreements.
W. Enter into any safe deposit box for which I am a lessee and add or remove items.
X. Disclaim any property interest that I would otherwise receive.
Y. Demand, obtain, review, and release to others, medical records or other
documents protected by the patient -physician privilege, attorney-client privilege or any similar
privilege.
Z. File or process claims for any medical bills with all insurance companies through
which I have coverage, including, but not limited to, Medicare and Medicaid and to receive
from any insurer information obtained in the adjudication of any claim in regard to services
Page 4 of 5
furnished to me under Title 18 of the Social Security Act.
AA. Nominate on my behalf, a person (including my attorney-in-fact) or entity to be
appointed by ,a court of appropriate jurisdiction as guardian of my person or property, or both,
or as custodian for my property during the pendency of any proceedings to determine my
competency.
BB. Invest in assets, securities, or interests in securities of any nature, including
(without limit) commodities, options, futures, precious metals, currencies, and in domestic and
foreign markets or investment funds, including common trust funds; to trade on credit or
margin accounts (whether secured or unsecured); and to pledge assets for that purpose.
CC. Arrange for and consent to medical, therapeutical and surgical procedures for
me, including the administration of drugs.
I further authorize my attorney-in-fact to take all other actions as may be necessary or
appropriate for my personal well-being and the management of my affairs, as fully and as
effectively as if made or done by me personally.
Any third party to whom this power of attorney is presented may rely upon an affidavit
by my attorney-in-fact stating, to the best of my attorney -in -fact's knowledge and belief, that
this power has not been revoked and that I am then living and have not been adjudicated
incompetent. No third party relying on this Power and such affidavit will be liable for any
losses, damages, or claims caused by compliance with the action requested by my
attorney-in-fact, unless that third party has actual knowledge of my death or the revocation of
this power.
This Durable Power of Attorney is created pursuant to Section 709.08 Florida Statutes,
and shall not be affected by my disability except as provided by such statute. It is my specific
intent that the power conferred on my attorney-in-fact will be exercisable from the date of this
instrument, and continue to be effective notwithstanding my later disability or incapacity,
Page 5 of 5
except as otherwise provided by Section 709.08 Florida Statutes or other applicable statute.
IN WITNESS WHEREOF, I have executed this Durable Power of Attorney on the'L�
day of June, 2008.
Signed in the presence of.
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
j
GLEN CURTIS BESANCON "
The foregoing instrument was acknowledged before me, this day of June, 2008,
by GLEN CURTIS BESANCON, who [',Tis personally known to me, or [ ]provided the
following identification (; ( , and who [ ] did, [ ] did not take an oath.
My Commission Expires:
POA
NOTARY PUBLIC ---..___.•-�
State of Florida at Large
BONNIE J. COLEMAN
*� x
MY COMMISSION S DD 659814
a`
Rf',
EXPIRES: April 16, 2011
gontled'fhm Nota Pubk Under tiers
A. Settlement Statement U.S. Department of Housing ^ r
and Urban Development OMB Approval No. 2502-0265
form HUD -1 (3/86) ref Handbook 4305.2
B. Type of Loan
1. r) FHA 2. C RHS 3. ❑ Conv. Unins.
6. File Number
7. Loan Number
8. Mortgage Insurance Case Number
4 ❑ VA 5. O Conv. Ins.
( 49084757
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
"(p.o.c.)"
I marked were paid outside the closing; they are shown here for information purposes and are not included in the totals.
D_ Name and Address of Borrower E. Name and Address of Seller
F. Name and Address of Lender
j Indian River County, a political subdivision of the State of Florida Glen C. Besancon
I
1801 27th Street 6725 66th Ave Vero Beach FL
32967
Vero Beach, Florida 32960 Vero Beach, Florida 32967
1---
G.
G. Property Location
H. Settlement Agent
6725 66th Ave
Atlantic Coastal Land Title Company, LLC
Vero Beach, Florida 32967
855 21 st St. Suite C, Vero Beach, FL 32960
I
Place of Settlement
I. Settlement Date
855 21 st Street
08/15/19
INDIAN RIVER
Suite C
I _
j Vero Beach, Florida 32960
J. SUMMARY OF BORROWER'S TRANSACTION:
K. SUMMARY OF SELLER'S TRANSACTION:
I_ 100. GROSS AMOUNT DUE FROM BORROWER
400. GROSS AMOUNT DUE TO SELLER
101 Contract sales 2rice 200,000.00
401. Contract sales price
200 000.00
i 102. Personal property
402. Personal property
103 Settlement charges to borrower line 1400 71,661.00
403.
104
404.
105
405.
Adjustments for items paid by seller in advance
Adjustments for items paid by seller in advance
106. City/town taxes to
406. Cit /town taxes to
107 County taxes to
407. County taxes to
108. Assessments to
408. Assessments to
109.
409.
110,
410.
111. 2019 Real Estate Taxes 158 82
411
r 112
412,
120. GROSS AMOUNT DUE FROM BORROWER 271,819.82
420. GROSS AMOUNT DUE TO SELLER
200,00000
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)
203. Existing loan(s) taken subject to
503. Existing loans taken subject to
0.00
__
1 04
504. Payoff of first mortgage loan
205
505. Payoff of second mortgage loan
206
506.
207
507.
208.
508.
209.
509.
Adjustments for items unpaid by seller
Adjustments for items unpaid by seller
210. City/town taxes to
510. Cit /town taxes to
211 County taxes 01/01/2019 to 08/15/2019 158.82
511. County taxes 01/01/2019 to 08/15/2019
158.82
212. Assessments to
512. Assessments to
213_
513.
214.
514.
215.
515.
216.
516.
217.
517.
218.
518.
219,
519,
220. TOTAL PAID BY / FOR BORROWER 158.82
520. TOTAL REDUCTION AMOUNT DUE SELLER
158.82
300. CASH AT SETTLEMENT FROM OR TO BORROWER
600. CASH AT SETTLEMENT TO OR FROM SELLER
301 Gross amount due from borrower line 120 271,819.82
601. Gross amount due to seller line 420
200,00000
302. Less amounts paid by/for borrower line 220 158.62
602. Less reduction amount due to seller line 520
158.82
303. CASH FROM BORROWER 271,661.00
603. CASH TO SELLER
199,841.18
form HUD -1 (3/86) ref Handbook 4305.2
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT - - -- - , - -- - SETTLEMENT STATEMENT - - - -- - - -- PAGE -2 ----
L. SETTLEMENT CHARGES: File Number: 49084757
PAID FROM
PAID FROM
700. TOTAL SALES/BROKER'S COMMISSION based on price $
_-
BORROWER'S
FUNDS A7
SELLER'S
FUNDS AT
Division of commission line 700 as follows:
SETTLEMENT
SETTLEMENT
701. $ _ to
702. $ to --
703. Commission paid at Settlement
------
-704.
704,
800. ITEMS PAYABLE IN CONNECTION WITH LOAN
P.O.C.
801. Loan Orinination Fee
form HUD -1 (3/86) ref Handbook 4305.2
HUD -1 SETTLEMENT STATEMENT
File Number: 49084757
I have carefully reviewed the HUD -I 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 certifv that I have received a copy of the HUD-] Settlement Statement.
Buyer
Indian River Cou
William K. De raal, 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.
Glen C. Besancon
Seller
Settlement Agent
The HUD -1 Settlement Statement which I have prepared is a true and accurate account of this transaction.
I have caused or will cause the funds to be disbursed in accordance with this statement.
Atlantic Coastal Land Title Company, LLC
By: Date: August 15th, 2019
CLOSING AGREEMENT
Seller(s): Glen C. Besancon
Buyer(s): Indian River County, a political subdivision of the State of Florida
Closing Agent: Atlantic Coastal Land Title Company, LLC
Property Location: 6725 66th Ave, Vero Beach, FL 32967
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 ASSOCIATION(S) (IF APPLICABLEZ 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
File No.: 49084757 Pagel of 2
LIF
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 Seller acknowledges 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 Seller agrees
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.
Glen C. Besancon - Seller
Date:
Date:
I Iver u��
William K. DeBraal, Deputy County Attorney - Buyer
Date:
Date:
SELLER(S) ADDRESS AND PHONE NUMBER(S) AFTER CLOSING
Address: Phone Number(s)
Home:
Work:
E -Mail Address: Other:
File No.: 49084757 Page 2 of 2
Ul F
V Of ce of
INDIAN
.a
Attorney's Matters 06/11/2019
RIVER COUNTY
ATTORNEY
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
MEMORANDUM
TO: The Board of County Commissioners
THROUGH: Richard B. Szpyrka, P.E., Public Works Director
FROM: William K. DeBraal, Deputy County Attorney
DATE: June 4, 2019
SUBJECT: Acquisition of Right -Of -Way for Phase III of 66th Avenue
Improvements from Glen C. Besancon — 6725 66th Avenue
Glen C. Besancon is the owner of a 3.36 acre parcel of property on the west side of 66th
Avenue just south of 69th Street which is depicted on the aerial photo attached to this
memorandum as Exhibit "A". The Parcel is zoned A-1, Agricultural, up to one
residential unit per five acres and lies outside of the Urban Services Boundary. This site
is improved with a three bedroom, two bath 2,000 square foot single family residence.
Mr. Besancon has owned and resided on the Parcel since 1975.
Construction plans for this section of 661h Avenue call for the County to acquire 0.87
acres of right-of-way from Mr. Besancon consisting of a 156 -foot wide strip along the
length of the eastern border of the property. A sketch and legal description of the right-
of-way is attached to this memo as Exhibit "B". The total property needed is t 26% of
the Parcel, leaving a remainder of 2.49 acres. A settlement conference was held on
April 25, 2019, with Curt and Glen Besancon (sons of Mr. Besancon), their attorney
Brent Simon, Rich Szpyrka, Monique Filipiak, and the Deputy County Attorney in
attendance. At the conference, the Besancon sons explained that due to their father's
age and health, they thought it would be best for their father to remain in his home and
inquired about acquiring the County owned lot adjacent to the south of the Parcel. The
sons plan on building an additional home utilizing the adjacent County owned lot so they
can be in close proximity to their father. The adjacent property was obtained in 2006
from Wendy and Robert Gardiner for $250,000. The former Gardiner property was also
improved with a small home that was demolished shortly after it was purchased by the
County. The Gardiner property depicted on the aerial photo attached to this
memorandum as Exhibit "C", is a 0.94 acre parcel that is 90 feet wide and
Besancon memo to BCC
June 7, 2019
Page 12
approximately 454 feet long, after the right-of-way needed for 66t' Avenue is deducted.
The County's initial appraisal of the Parcel was performed by Armfield & Wagner and
they assigned a value of $42,100 for the 0.87 acres of right-of-way property needed and
$220,000 for the entire property. The appraiser retained by the Besancons valued the
property at $473,973 for a partial take and $600,000 for the entire parcel.
After further discussion, the parties reached an agreement where the County would
convey the 0.97 acre Gardiner parcel to Mr. Besancon and the sum of $200,000 for the
needed 0.87 acre right-of-way Parcel. The conditions of the sale are as follows:
1. The Besancons may create two equal size parcels of property by combining the
remainder parcel and the Gardiner parcel.
2. Each parcel will have the existing impact fees credited to the land.
3. The north driveway will remain in place and the south driveway may be located
as far south as permitted by County code, for a total of two driveways, one for
each parcel.
These conditions were approved by Community Development and Public Works
Due to the close proximity of the new right-of-way line to the front of the house, (less
than 20 feet) most eminent domain appraisers would deem the house substantially
damaged or a total loss. In arriving at the settlement amount, staff reasoned that its
own appraiser deemed the value of the whole parcel to be $220,000 and that the resale
value of the Gardiner property would be compromised by its narrowness, making it most
valuable to adjacent property owners like the Besancons.
The Besancons sought appraisal, engineering and land planning fees in the amount of
$19,552.50 which was negotiated downward to $18,000 and attorney's fees pursuant to
the eminent domain statute of 33% of the benefit gained for the client ($200,000 -
42,100 = $157,900 x 0.33 = $52,107), making the total cost to purchase $270,107. In
the interest of settlement, Mr. Simon agreed to waive any right to attorney's fees
associated with the non -monetary benefits obtained as a result of acquiring the
Gardiner property and the conditions of the sale listed above.
By purchasing the property in advance of filing a lawsuit, staff is attempting to save on
expert witness fees that would have been incurred by both parties. Pursuant to state
statutes, the County is responsible for paying reasonable expert witness fees incurred
by both parties. As noted in the past, expert witness fees for both parties often exceed
$100,000 by the time the suit is filed and mediation is held. The County has achieved
significant savings in this case by not having to hire our trial witnesses (appraiser,
engineer and land planner), outside counsel and compromises on attorney's fees and
expert costs.
Besancon memo to BCC
June 7, 2019
Page 13
At the conclusion of the settlement conference, the parties entered into a hand written
agreement which will be used as the basis for a more formal agreement setting forth the
closing date and time.
FUNDING: Funding for this acquisition is budgeted and available from Traffic Impact
Fees/District I/ROW/66th Ave -65th Street -85th Street- Acct#10215141-066120-16009.
STAFF RECOMMENDATION: Staff recommends the Board approve conveying the
Gardiner property to the Besancons, approve the agreement to purchase the 0.87 acre
Besancon property for $200,000 with the stated conditions, approve costs incurred by
the Besancons of $18,000 and approve the settlement of attorney's fees of $52,107 and
authorize the Chairman to execute a more formal purchase and sale agreement when
drafted and approved by the parties on behalf of the Board.
Attachments: Exhibit "A" Aerial Photo
Exhibit "B" sketch and legal description of the right-of-way
Exhibit "C" Aerial photo of the Gardiner property
Copies to: Brent Simon, Esq.
Indian River County, Florida Wge&UAopTaiser - Printer Friendly Map Page 1 of 1
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Indian River County, Florida Property Appraiser
Parcel]DD OwnerName PropertyAddress
32390700001001000006.0 BESANCON GLEN C 6725 66TH AV VERO BEACH, FL 32967
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RIGHT OF WAY PARCEL
THE EAST 156.00 FEET OF THE FOLLOWING DESCRIBED PARCEL AS RECORDED IN OFFICIAL RECORDS BOOK
1200, PAGE 2360, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA:
SOUTHTHE 5 ACRES
ECTION7OWNSHIP 032 SOUTH, RANGE 39E E ST,SAS THAID EE SAMACT E ISS
DESIGNATED ON THEE
LASTEGE GLES THE SOUTH 90 FET ENERAL
d PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE
CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, NOW PART OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA, LESS AND EXCEPT ALL EXISTING RIGHTS OF WAY FOR PUBLIC
ROADS, CANALS AND DITCHES. SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.
CONTAINING 37,808 SQUARE FEET OR 0.87 ACRES, MORE OR LESS.
�s
PROPOSED ACQUISITION PARCEL ACREAGE s 0.87 ACRES
d
PORTION OF THE ACQUISITION PARCEL
THAT IS ENCUMBERED BY THE FDOT s 0.17 ACRES
g RIGHT—OF—WAY
SURVEYORS NOTES
1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY.
2) THE BEARING BASE FOR THIS SU
00100'25" EAST. RVEY, IS THE EAST LINE OF SECTION 7. SAID LINE BEARS NORTH
�
s 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES.
4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH
AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER
c COUNTY, FLORIDA.
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LEGEND.
PROSECT NO.
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and sketch meets ,tt'e .0fi f yZ af'�'_yat/ea. sat. forth OX the �do�
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beat of my knowledgo! pa.✓fik i5fi+b}act to Tro _'dnd notothane shown
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LEGAL DESCRIPTION AND SKETCH OF
PARCEL 107
INDIAN RIVER COUNTY, FLORIDA
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Indian River County, Florida Property Appraiser - Printer Friendly Map Page 1 of 1
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Indian River County, Florida Property Appraiser
rarceuu OwnerName Prop6rtyAddress
32390700001001000007.0 INDIAN RIVER COUNTY 6705 661-H AV VERO BEACH, FL 32,967
Notes
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http;//www.irepa.org/Printmap.aspx 6/3/2019
Description of Exhibits
Exhibit "A" is an aerial photo of property owned by Glen C. Besancon and having an address of 6725 66"'
Avenue, Vero Beach, Florida 32967.
Exhibit "B" is a sketch and legal description of the right-of-way needed from the Besancon property
consisting of 37,808 square feet or 0.87 acres
Exhibit "C" is an aerial photo of the adjacent County owned lot remaining after lensing out needed right-
of-way, which was a previous purchase of the Gardiner property; the remainder consisting of a 0.94 acre
parcel that is 90 feet wide and approximately 454 feet long, situated immediately south of the Besancon
property.