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HomeMy WebLinkAbout2019-109CPrepared by: Office of County Attorney Indian River County 1801 2711 Street Vero Beach, FL 32960 772-226-1425 COUNTY DEED INDIAN RIVER COUNTY, FLORIDA A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK THIS DEED, made this 20thday of August, 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 BILLY W. JACKSON, party of the second part, whose mailing address is 6835 66th 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 � ssigns 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 North 132 feet of the South 396 feet of the North 10 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. LESS AND EXCEPT those lands conveyed by deed recorded in OR Book 1863, Page 2163; and deed recorded in OR Book 2270, Page 1864; being more particularly described as follows: Commencing at the Northeast corner of Section 7, Township 32 South, Range 39 East, Indian River County, Florida, described and bound as follows: Run North 89° 42' 24" West along the North line of Section 7, Township 32 South, Range 39 East, a distance of 80.00 feet to a point; thence run South 00° 18' 37" East along the West right-of-way line of 66th Avenue, a distance of 272.63 feet to a point; thence run North 89° 42' 24" West , a distance of 470.48 feet to a point. Said point being the Point of Beginning. Thence run South 00° 18' 37" East, a distance of 28.95 feet to a point; thence run North 890 42' 24" West, a distance of 152.00 feet to a point; thence run North 00° 18' 37" West, a distance of 28.95 feet to a point; thence run South 89042' 24" East, a distance of 152.00 feet to a point. Said point being the Point of Beginning. 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 i By: Deputy Clerk Approved as to form and Mi y: William K. DeBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA By its Board of County C is �o;Missi' By: B Solari, Chairman an Adams, Vice Chaii iz n 1 0� BCC approved: July 16, 2019 (Official Seal) "TATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. ,-----IEFFREY ®. SWTH. CLERK P. DATE .C. 3120190052009 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3235 PG: 1575 Page 1 of 3 9152019 4:26 PM This Instrument Prepared by and Return to: Jason Beal Atlantic Coastal Land Title Company, LLC 855 21 st Street, Suite C Vero Beach, Florida 32960 Our File No.: 49084840 Property Appraisers Parcel Identification (Folio) Number: 32390700001001000003.0 Space above this line for Recording Data WARRANTY DEED THIS WARRANTY DEED, made the ZZday of August, 2019, by Billy W. Jackson, joined by his wife Christine Jackson, whose post office address is 6805 66th Avenue, 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 1801 27th Street, Vero Beach, FL 32960, hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the 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.: RIGHT OF WAY PARCEL The East 156.00 feet of the following described Parcel as recorded in Official Records Book 1023, Page 2395, Public Records of Indian River County, Florida. The North 132 feet of the South 264 feet of the North 10 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, filed in the Office of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25, said lands now lying and being in Indian River County, Florida. Subject to easements, restrictions and reservations of record and taxes for the year 2019 and thereafter. 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 it not subject to tax. 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.: 49084840 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: W' s #I Signature �J064 W, /3-1 z Witness # I -inted ame Witness #2 Signature pal"' /)-IlawaV. Witness #2 Printed Name State of Florida County of Indian River �!•� (Seal) gB4ffly—Jacks (Seal) Christine Jackson The foregoing instrument was acknowledged before me this Jay of August, 2019, by illy W. Jackson, joined by his wife, Christine Jackson, who is personally known to me or has produced as identification. SEAL My Commission Expires: c i -��..r S pftY p � oJASON A, Notary Public - St 60 of Florida Co ....s�ion 1yCcr, 0301,550 no 12( "'c' , i rcf 1i 2020 Nolan File No.: 49084840 Notary Public Printed Notary Name VC71�401J 'AlNnoo H=IAi`6 NVICINi ` -40 4 ^Qom aoa mae a wjo> lax comae a � "'�'19noare a3eir�e 133"S-40 N;J.l.9?#S qN'd Nfl11d1`igS3C] "1H�31 :usa UJdH�CliajUj.rA arddoiypuo over povuo./7 apl gu 0.06 poo post— A044A..c !yi p"a aeMiaubt! ayl SnayiPo. PtJA^ laM -3t ro N011O3S "1035 1l iZ t Z jnr NOLLVLaOdSNVHI etts Yrx rrsd b'3t3M30 'F 7 30 1N3N12fVd3a V01601-4 l003 St1d0032.i IVIO1420 Hhd 4 At+M 30 1HO1u M%L�r !yJ ++! puaavo omtiaiou Rao)ou o 6--; P+ ONINN038 30 LNIOd 1—W upca p— l4 a,q b".1p 1N3W3ON3WN00 30 LNIOd Po mann5 . •'.�B. ''OG"'dcl :. . ooliz of luanund 5s040 oNli�+iofvl"*v - 3NI-I ),vM 30 1H01;q — g x+Pt�'td `1!-•r^.r:.1na aYru� w carddVP vua XAX4'aAlns' /vuagseya+d la P"& 130L+Vd oP.�Ll !vi .+r4 Vi.w/ io! oPttooni 1Q op'opwoi! !yi lio+,u yoiow pua uoildix"P S0e3y ltep loyl. Pao wtt�od" ifw tlpun *pa 1 l ua y /,'VM 30 1HDRL 03SOd06d u oud lji do -d !vl la t4loero Prso uatdtaa!!p m6of a ;ow •Uwn�:- ofett 3NIl As 83dO,*id _.... 3N1"I 1143N3SV3 :]Nn N0;i035 t VOi2013 'AlNn00 d3A1?i NVIaNI AB 031032410 SV '90-^Ot-OL C131VO 'S31V100SSV oNV 3L13C12in6 A8 C3:i d:3 : N3nV H199 LlO- dVrt tiV,v� 30 1HO123 A tVNIN41l32id 3H1 NO O3SV8 SI H013715 CINV NOLLd12AOS3a `IVO3l SIH1 (t 'S3SS3308d NOLLOtPKJOZW3k4 SNIHria 031801SIC N33€3 3AVH AVW `JNIMVHG SIH -L 30 TIVOS 3Hl {T 1SV3 5z,00.80 HLLON 521V38 3tvi aIV5 'L N01133S 3d 3Nil 1SV3 3HI SI 'A3AHrS �,IHL. a03 3SVe ON18V38 3H:t. (4 A'3AWIS 1N3w30VUL38 A, WaNnC e V ION '),INO NOIld(HOS30 '1Vo:]l 30 Ho1371S V Si SlHu (~ AVM -30 -1 H0lhl Q S3NDV 60'0 - l003 3Hl .A e a38AalVI10N3 St -LVH.L '13O NVd NOLLISM00Y 3H-1 JO NOLUJOd S3�JOV Lir'O _ 3OV3190V "13:DUVd N71l smooV nAsod02id Y •SS3'1 2s0 3k40N '53dOV Llr'O HO 1334 38Vnos OL1r'OZ ONINIV1NOO VC116013 'AlNnOO 83At8 NViaNt N1 ONGe aNV ONIA-1 MON SONY -1 OIVS 'SZ 30Vd 'Z k008 1Vld Nt 'V(1180 -IA `AlNn00 3#om •1S 317 .LNnoo 11n0w0 3H1 10 331330 3Hl NI a3113 ,ANVdV403 SNtk1V3 213AIL1 NVI1INt 3HI 30 SONVl 30 1Vld 1VN3N30 ISV1 3H1. 01 ! NtCJflOOoV '1SV3 fi£ 30NVH 'Hlflos ZC dIHSNMOl 'L NOLL33S 'L IOVtL. .30 S3HOV OZ ISV3 3HI 40 S3L)OV OL H1aON 3H1 .10 1333 • 9Z: HIR05 3H1 30 .1333 Z4:L H1NON 3Hl `'Y'OWO-1J 'AINn00 83AW NV:tYNI -10 SON0032, ollenml `96'e:Z 3*Vd '£ZOL NOOEl SC8003a "1V1O1330 Nt 03a2iG0 2J SV 1302dVd 031312l0SAO ONIM01103 3H1 30 133 00-99L 1SV3 3H1 -130aVd ,IVM .d0 1W0123 ,OS,OS t m I - ? OL Lam' 1 A _ sluoV /-1,'0 3T m i 13'L>S Otir'OZ i,, S6£C :id '7710L SNO miv O L L 1302FV d r:; ml O'C00000Loo L3000/- 6£z£ I A ' 3NII I V3 z ,OOtA '3Si ^-e (3l�nl '1s; rz is otxae�ao 1 ) J z 3°JVd 'z NOOa 1Vld 'OD SwaVzi a3nlrJ N r1aNt o 01 I 73021Vd 317N3A V ka 99 _1 1 t f f Parcel Identification No: 32390700001001000003.0 This Instrument Prepared By and Return to: Jason Beal Atlantic Coastal Land Title Company, LLC 855 21st Street, Suite C Vero Beach, Florida 32960 3120190052010 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3235 PG: 1578 Page 1 of 1 9/52019 4:26 PM D DOCTAX PD $0.70 QUITCLAIMDEED This Quitclaim Deed, made this 22nd day of August, 2019, between John A. Jackson, Jr., a single person, whose address is 6835 66th Avenue, Vero Beach, Florida 32967, Grantor, and Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960, 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) WITNESSETH, that the Grantor, for and in consideration of the sum of ------------TEN & NO/ 100 ($10.00) ---------- --------- DOLLARS, and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt of which is hereby acknowledged, has granted, bargained and quitclaimed to the said Grantee and Grantee's heirs and assigns forever, the following described land, situate, lying and being in the County of INDIAN RIVER, State of Florida, to -wit: RIGHT OF WAY PARCEL The East 156.00 feet of the following described Parcel as recorded in Official Records Book 1023, Page 2395, Public Records of Indian River County, Florida. The North 132 feet of the South 264 feet of the North 10 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, filed in the Office of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25, said lands now lying and being in Indian River County, Florida. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of Grantor, either in law or equity, for the use, benefit and profit of the said Grantee forever. IN WITNESS WHEREOF, the Grantor has hereunto set his/her hand and seal the day and year first above written. Signed sealed and delivered in our presence: i ness #I Signature STATE OF FLORIDA COUNTY OF INDIAN RIVER r Jo n A. Jackson, r. The foregoing instrument was acknowledged before me this ay o 1 ust 019 ohn A. Jackson, Jr., a single person, who is personally known to me or who produced as identification. SEAL / _ My Commission Expires: \NO?�M• • i// /�� tary Signa •si MAY 17 Printed No Signa re +C 2 ��9SBB7 N. i�°G G6jtaUndetWt:\0�y tho NOPE\� File#49084840 '/�����i.C_STATE•OFF�;���\\` WESTCOR POLICY NO. LAND TITLE INSURANCE COMPANY OP-25-FL1394-7761039 OWNER'S POLICY OF TITLE INSURANCE (with Florida Modifications) ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, Westcor Land Title Insurance Company, a South Carolina corporation (the "Company") insures, as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment' includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. COVERED RISKS CONTINUED ON NEXT PAGE In Witness Whereof, WESTCOR LAND TITLE INSURANCE COMPANY, has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signa- tory of the Company. Issued By: FL1394 * 49084840 Atlantic Coastal Land Title Company, LLC 855 21st Street, Suite C Vero Beach, FL 32960 WESTCOR LAND TITLE INSURANCE COMPANY �i0f, �V1Cg83J',Lje= M Attest: A OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page 1 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zon- ing) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforce- ment action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or at- tached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage (a) created, suffered, assumed, or agreed to by the Insured of this policy, and the Company will not pay loss or damage, costs, Claimant; attorneys' fees, or expenses that arise by reason of: (b) not Known to the Company, not recorded in the Public Re - 1. (a) Any law, ordinance, permit, or governmental regulation cords at Date of Policy, but Known to the Insured Claimant (including those relating to building and zoning) restricting, regulat- and not disclosed in writing to the Company by the Insured ing, prohibiting, or relating to Claimant prior to the date the Insured Claimant became an Insured under this policy; (i) the occupancy, use, or enjoyment of the Land; (c) resulting in no loss or damage to the Insured Claimant; (ii) the character, dimensions, or location of any improve- meat erected on the Land; (d) attaching or created subsequent to Date of Policy; or (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. Trus Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. (e) resulting in loss or damage that would not have been sus- tained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 2. Rights of eminent domain. This Exclusion does not modify or 5. Any lien on the Title for real estate taxes or assessments imposed limit the coverage provided under Covered Risk 7 or 8. by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other 3. Defects, liens, encumbrances, adverse claims, or other matters instrument of transfer in the Public Records that vests Title as shown in Schedule A. OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page 2 CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, con- solidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated En- tity of the named Insured, provided the affiliated Entity and the named Insured are both wholly- owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not construc- tive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improve- ments that by law constitute real property. The 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 secu- rity instrument, including one evidenced by electronic means authorized bylaw. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. 0) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of war- ranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Ensured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Condi- tions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page 3 CONDITIONS - CONTINUED other act that ' m ;+ b d bl s opinion may e necessary or esira e to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropri- ate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not b d 'f 1' ' or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. e an a mission o tablhty or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceed- ing and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawfiil act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representa- tive of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or dam- age. All inforination designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claim- ant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any li- ability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Con- ditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Com- pany will also pay those costs, attorneys' fees, and expenses in- curred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of ac- cess to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page 4 (b) In the event of any litigation, including litigation by the Com- pany or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final deter- mination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in set- tling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Com- pany pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Com- pany of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration As- sociation may be demanded if agreed to by both the Company and the Insured at the time of a controversy or claim. Arbitrable mat- ters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the Land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim whether or not based on negligence shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provi- sions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: 875 Concourse Parkway South, Suite 200, Maitland, FL 32751. OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page 5 OWNER'S POLICY OF TITLE INSURANCE (With Florida Modifications) WESTCOR LAND TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE HOME OFFICE 875 Concourse Parkway South, Suite 200 Maitland, FL 32751 Telephone: (407) 629-5842 ALTA 6-17-06 OWNER'S POLICY (WITH FLORIDA MODIFICATIONS) SCHEDULE A File Number: Policy Number: Date of Policy: 49084840 OP-25-FL1394- 9/5/2019 @ 4:26 PM 7761039 Property Type: State: Florida, County: INDIAN RIVER Address Reference: 6835 66th Avenue, Vero Beach, Florida 32967 1. Name of Insured: Premium: Amount of Insurance: $1,125.00 $210,000.00 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: RIGHT OF WAY PARCEL The East 156.00 feet of the following described Parcel as recorded in Official Records Book 1023, Page 2395, Public Records of Indian River County, Florida. The North 132 feet of the South 264 feet of the North 10 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, filed in the Office of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25, said lands now 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 777-r%AQ_d4Rd Tcicnhnnc ALTA 6-17-06 OWNER'S POLICY (WITH FLORIDA MODIFICATIONS) Policy No. OP-25-FL1394-7761039 File No.: 49084840 SCHEDULE B EXCEPTIONS FROM COVERAGE Except as provided in Schedule B - Part II, this policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: 1. 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. 2. Easements or claims of easements not shown by the Public Records. 3. Taxes or special assessments which are not shown as existing liens by the public records. 4. Taxes and assessments for the year 2019 and subsequent years, which are not yet due and payable. 5. 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. 6. Restrictions, reservations, setbacks and easements, if any, as indicated and/or shown on that certain Plat recorded in Plat Book 2, at Page(s) 25, of the Public Records of Saint Lucie County, Florida, said land now lying and being in Indian River County, Florida. 7. Existing unrecorded leases and all right thereunder of the lessees and of any person claiming by, through or under lessees. 8. Actual acreage is neither insured nor guaranteed. 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.: 49084840 AWA CLOSING AGREEMENT Seller(s): Billy W. Jackson Buyer(s): Indian River County, a political subdivision of the State of Florida Closing Agent: Atlantic Coastal Land Title Company, LLC Property Location: 6835 66th Avenue, Vero Beach, Florida 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. I TAX RE -PRORATION AGREEMENT: If the property tax Bill for the year of closing has not been issued by the Tax Collector at the time of closing, then the tax prorations set forth on the closing statement are based upon an estimate, and that the actual taxes for the calendar year in which "closing" takes place could represent an amount substantially different from that upon which the proration was based. If such a difference is realized, the parties agree that upon demand of the other, to, without unreasonable delay, re - prorate said taxes based on the actual amount of the bill rendered, using formulae standard in the industry, and to make an appropriate, monetary adjustment between themselves. The Closing Agent is not responsible to make further adjustments. AGREEMENT TO COOPERATE: If requested by Lender (if any) or Closing Agent, the parties agree to fully cooperate and adjust for clerical errors, including the execution or re-execution of any reasonable document and/or the remittance of any additional sum. The parties further agree that any amounts of money due others for services rendered in conjunction with subject "closing" (such as balances owed to existing mortgagees, loan costs associated with a new mortgage, survey, termite or roof inspection fees, or other such costs or fees due), not collected or paid for out of closing funds, remain the responsibility of the contracting party to so pay, and the collection and remittance of such fees, costs or indebtedness by the closing agent is a courtesy service provided by the closing agent, with the contracting party remaining liable for payment of any such fees, or shortages, not collected from the obligated party coincident to the "closing". HOMEOWNER'S / CONDOMINIUM ASSOCIATIONS) (IF APPLICABLE): The Buyer acknowledges the existence of any homeowners and/or condominium association(s) and is aware that monthly, quarterly or annual maintenance assessments may be due to said association(s). Said association(s) may also have the authority to regulate and enforce community covenants and restrictions. PROPERTY CONDITION: Closing Agent does not make any representations or warranties nor assume any liability with respect to the physical condition of the property, and any repairs to the property. SURVEY(IF REQUIRED OR OBTAINED): The Buyer hereby acknowledges receipt of a copy of any survey prepared for the subject transaction. The Buyer has reviewed said survey and accepts title subject to the matters set forth on said survey. CLOSING/SETTLEMENT STATEMENT: Closing Agent does not adjust and/or assume liability for charges for water, rents, gas, electricity, taxes on personal property, garbage taxes or fees, license taxes, association assessments or dues, or estoppel information furnished by mortgagees or others. Sometimes recording fees and courier/express mail fees may vary due to the unknown amounts at the time of closing. Therefore, the parties acknowledge hereto, that monies collected for recording and courier/express mail fees may be more or less than the amount collected on the closing statement. Any shortfalls or overages Page I of 2 File No.: 49084840 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. Billy W. Jackson - Seller Date: Date: I fiver C Y4�me William K. Delftraal, 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: Page 2 of 2 File No.: 49084840 Ll F A. Settlement Statement U.S. Department of Housing ^ 0 and Urban Development OMB Approval No. 2502-0265 B. Type of Loan 1. El FHA 2. ❑RHS 3. ❑Conv. Unins. 6. File Number 4. ❑ VA 5. ❑Conv. Ins. 49084840 7. Loan Number 8. Mortgage Insurance Case Number C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for information purposes and are not included in the totals. D. Name and Address of Borrower Indian River County, a political subdivision of the State of Florida 1801 27th Street Vero Beach, Florida 32960 E. Name and Address of Seller Billy W. Jackson 6805 66th Avenue Vero Beach, Florida 32967 F. Name and Address of Lender I G. Property Location 6835 66th Avenue Vero Beach, Florida 32967 INDIAN RIVER H. Settlement Agent Atlantic Coastal Land Title Company, LLC 855 21st St. Suite C, Vero Beach, FL 32960 Place of Settlement 855 21st Street Suite C Vero Beach, Florida 32960 1. Settlement Date 08/22/19 J. SUMMARY OF BORROWER'S TRANSACTION: K. SUMMARY OF SELLER'S TRANSACTION: 100, GROSS AMOUNT DUE FROM BORROWER 400. GROSS AMOUNT DUE TO SELLER 101. Contract sales price 210,000.00 401. Contract sales price 210,000.00 102. Personal property 402. Personal property 103. Settlement charges to borrower line 1400 76,051.20 403. 104. 404. 105. 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance 106. Cit /town taxes to 406. Cit /town taxes to 107. County taxes to 407. County taxes to 108. Assessments to 408. Assessments to 109. 409. 110. _ 410. 111. 411. 112._ 412. 120. GROSS AMOUNT DUE FROM BORROWER 286,051.20 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER 420. GROSS AMOUNT DUE TO SELLER 500. REDUCTIONS IN AMOUNT TO SELLER I 210,000.00 201. Deposit or earnest money 501. Excess Deposit (see instructions) 202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) 0.00 203. Existing loan(s) taken subject to 503. Existing loans taken subject to 204. 504. Payoff of first mortgage loan 205. 505. Payoff of second mortgage loan 206. 506. 207. 507. 208. _ 508. 209. 509. Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210. Cit ttown taxes to 510. Cit /town taxes to 211. County taxes to 511. County taxes to 212. Assessments to 512. Assessments to 213. 214. 215. _ 216. 217. 218. 219. - 220. TOTAL PAID BY / FOR BORROWER 513. 514. 515. 516. 517. 518. 519. 520. TOTAL REDUCTION AMOUNT DUE SELLER - - - -� 300. CASH AT SETTLEMENT FROM OR TO BORROWER _ 600. CASH AT SETTLEMENT TO OR FROM SELLER 301. Gross amount due from borrower line 120 286,051.20 601. Gross amount due to seller line 420 210,000.00 302. Less amounts paid by/for borrower line 220 602. Less reduction amount due to seller line 520 303. CASH FROM BORROWER 286,051.20 603. CASH TO SELLER 210,000.00 uo-zu-zu it ai wzr Ann form HUD -1 (3/86) ref Handbook 4305.2 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT PAGE 2 08-20-2019 at 9:27 AM form HUD -1 (3/86) ref Handbook 4305.2 L. SETTLEMENT CHARGES: File Number: 49084840 PAID FROM PAID FROM SELLER'S FUNDS AT SETTLEMENT 700. TOTAL SALES/BROKER'S COMMISSION based on price $ = BORROWER'S FUNDS AT Division of commission line 700 as follows: SETTLEMENT 701. $ to 702. $ to 703. Commission paid at Settlement 704. 800. ITEMS PAYABLE IN CONNECTION WITH LOAN P.O.C. 801. Loan Origination Fee % 802. Loan Discount % 803. Appraisal fee to 804. Credit report to 805. Lender's inspection fee to 806. Mtg. ins. application fee to 807. Assumption fee to 808. 809. 810. 811. 812. 813. 814. 815. 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest from to $ /day 902. Mortgage insurance premium to 903. Hazard insurance premium yrs. to 904. 905. 1000. RESERVES DEPOSITED WITH LENDER FOR 1001. Homeowner's insurance mo. @$ / mo. 1002. Mortgage insurance mo. $ / mo. 1003. City propertytaxes mo. $ / mo. 1004. County property taxes mo. $ / mo. 1005. Annual Assessments mo. $ / mo. 1006. mo. $ / mo. 1007. mo. $ / mo. 1008. Aggregate Reserve for Hazard/Flood Ins, City/County City/CountyProp Taxes, Mortgage Ins & Annual Assessments 1100. TITLE CHARGES 1101. Settlement or closing fee to Atlantic Coastal Land Title Company, LLC 300.00 1102. Abstract or title search to Westcor Land Title Insurance Company 85.00 1103. Title examination to 1104. Title insurance binder to 1105. Document preparation to 1106. Notary fees to 1107. Attorney's fees to David W. Holloway, P.A. 54,450.00 (includes above item No: 1108. Title insurance to Westcor Land Title Insurance Company 1,125.00 1109. 1110. (includes above item No: Lenders coverage Owners coverage 210,000.00---1,125.00 1111. Digital Archive/LandTech Fee Forensis/LandTech 35.00 1112. 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees Deed $ 27.00 Mortgage $ Releases $ 27.00 1202. City/county/stamps Deed $ Mortgage $ 1203. State tax/stamps Deed $ Mortgage $ 1204. Intangible Tax Deed $ Mortgage $ 1205. Record Deed to Seller 18.50 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey to 1302. Pest inspection to 1303. Record Quit Claim Deed Clerk of the Court 10.70 1304. Reimbursement of Costs David W. Holloway, P.A. 20,000.00 1305. 1306. 1307. 1308, 1400. TOTAL SETTLEMENT CHARGES (enter on lines 103 and 502, Sections J and K) 76,051.20 0.00 08-20-2019 at 9:27 AM form HUD -1 (3/86) ref Handbook 4305.2 HUD -1 SETTLEMENT STATEMENT File Number: 49084840 I have carefully reviewed the HUD -1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD -1 Settlement Statement. Buyer -M&India River C unty William K. DeBraal, Deputy County Attorney In the event a proration of taxes is necessary when the tax bills for the current year are prepared, the parties agree to handle said re-prorations between themselves. Billy W. Jackson 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 22nd, 2019 Office Of Attorney's Matters 07/16/2019 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney INDIAN RIVER COUNTY MEMORANDUM TO: The Board of County Commissioners ATTORNEY THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: July 9, 2019 SUBJECT: Acquisition of Right -Of -Way Parcel 110 for Phase III of 66th Avenue Improvements from Doris and Billy Jackson, 6835 66th Avenue Doris and Billy Jackson are the owners of a 1.85 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 1,302 square foot single family residence with an attached carport. The parcel has been owned by the Jackson family since the home was built in 1963. Construction plans for this section of 66th Avenue call for the County to acquire 0.47 acres of right-of-way from the Jacksons consisting of a 131' wide by 156' deep strip along the length of the eastern border of the property. A sketch and legal description of the right- of-way are attached to this memo as Exhibit "B". The total property needed is t 25% of the Parcel, leaving a remainder of 1.38 acres. A pre -suit mediation conference was held on June 28, 2019, with Mr. and Mrs. Jackson, their attorney David Holloway, Rich Szpyrka, and the Deputy County Attorney in attendance. Attorney Randy Brennan was the mediator. At the mediation, the Jacksons expressed the desire to keep the house on the remainder property. County staff expressed concern over keeping the house on the parcel citing a close proximity to the new right-of-way line. After the road and sidewalk are constructed, the front porch will be about 10 feet from the new property line. In past discussions with the Jacksons and their attorney, they inquired about acquiring the County owned lot adjacent to the north of the Parcel. In April 2009, the County purchased the adjacent property to the north of the Jackson's parcel for $480,000. The Jackson Parcel 110 memo to BCC July 11, 2019 Page 12 adjacent 1.75 acre parcel was improved with a 2,100 square foot home and a 720 square foot guest cottage. The property was leased back to the owners for a period of time before the buildings were demolished by the County. The remainder 1.28 acre site is now vacant. The adjacent property is depicted on the aerial photo attached to this memorandum as Exhibit "C", but the right-of-way needed for 66th Avenue is not deducted. In the recent past, the County has paid $29,880/acre for an arm's length purchase for the Greene property further south on 66th Avenue near 53rd Street. Using this per acre price, the value of the adjacent parcel is estimated at $38,246.40. The County's initial appraisal of the Parcel was performed by Armfield & Wagner and they assigned a value of $45,000 for the 0.47 acres of right-of-way and $145,000 for the entire property. The appraiser retained by the Jacksons valued the Parcel at $429,000 for a partial take and $510,000 for the entire property. After further discussion, the parties reached an agreement where the County would convey the 1.28 acre adjacent parcel (Parcel 111) to the Jacksons and the sum of $210,000 for the needed 0.47 acre right-of-way parcel (Parcel 110). The conditions of the sale are as follows: 1. The County (or its contractor) will construct an 18' driveway to the remainder Parcel 110. 2. The Jacksons will assume all risks of any drainage issues on Parcels 110 and 111 that may occur as a result of the 66th Avenue improvement project. These conditions were approved by the Public Works Director Due to the close proximity of the new right-of-way line to the front of the house (about 10 feet), most eminent domain appraisers would deem the house a total loss. In arriving at the settlement amount, staff reasoned that its own appraiser deemed the value of the whole parcel to be $145,000 and that the resale value of the adjacent property would be compromised by its smaller size for the area (less than 5 acres), making it most valuable to adjacent property owners like the Jacksons. The Jacksons sought appraisal, engineering and land planning fees in the amount of $22,632.50 which was negotiated downward to $20,000 and attorney's fees pursuant to the eminent domain statute of 33% of the benefit gained for the client ($210,000 - 45,000 = $165,000 x 0.33 = $54,450), making the total cost to purchase $284,450. In the interest of settlement, Mr. Holloway agreed to waive any right to attorney's fees associated with the non -monetary benefits obtained as a result of acquiring the adjacent property and the driveway listed as a condition of the sale. 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 eminent domain statutes, the County is responsible for paying reasonable expert witness fees Jackson Parcel 110 memo to BCC July 11, 2019 Page 13 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, depositions of the experts are taken 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. At the conclusion of the mediation conference, the parties entered into a Pre -Suit Mediation Settlement Agreement which is attached as Exhibit "D". 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 adjacent property to the Jacksons, approve the mediation agreement to purchase the 0.47 acre Jackson property for $210,000 with the stated conditions, approve costs incurred by the Jacksons of $20,000 and approve the settlement of attorney's fees of $54,450 and authorize the Chairman to execute the Pre -Suit Mediation Settlement Agreement 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 adjacent property Exhibit "D" Pre -Suit Mediation Settlement Agreement Copies to: David Holloway, Esq. Exhibit A Indian River County, Florida Property Appraiser ParcelID 32390700001001000003.0 OwnerName JACKSON BILLY W PropertyAddress 6835 66TH AV VERO BEACH, FL 32967 IN d 1EXhlbi 6 1N I W -*E � I 0 S 100, I I I INDIAN RIVER FARMS CO. I w ^ w PLAT BOOK 2, PAGE 25 I GRAPHIC SCALE (ST, LUCIE) I �� N � ¢w ` f' 56.00' N "Iz TRACLINE--- 1 I EI z z I Z 32390700001001000003.0Lu ORB 1023, PG 2395 C-4PARCEL 110 > m 20,470 SQ.FT. M 0.47 ACRES Q Q n Of _ _ I CO 156.00'501 I m J I I Zwto 30' 2 I �ZJaz���ims�tYV aw10. npws clq; 10, 50' I � I L A D CRIPTION RIGHT OF A1�Y RCEL THE EAST 156.00 FEET OF THE FOLLOWING DESCRIBED PARCEL AS RECORDED IN OFFICIAL RECORDS BOOK 1023, PAGE 2395, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. THE NORTH 132 FEET OF THE SOUTH 264 FEET OF THE NORTH 10 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, FILED IN THE OFFICE OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. CONTAINING 20,470 SQUARE FEET OR 0.47 ACRES, MORE OR LESS. PROPOSED ACQUISITION PARCEL ACREAGE = 0.47 ACRES PORTION OF THE ACQUISITION PARCEL THAT IS ENCUMBERED BY THE FOOT - 0.09 ACRES RIGHT-OF-WAY SURVEYORS NO 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 LINE 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 We oertltlos that a legs/ dvs 1pt/on and sketch of the property shown hereon was made under my suparNslon and that this /ega/ deacrlptlon and akatch moats the standards of. pmctl&v eat forth by the F7orfdo Hoard of prafesilonal Surveyors and Mgppws ph Chapter. 5J-77, Ror/do AdmMh,&-vtlw Code, pursuant to Seat/on 472.027 Aldo Statutes, and that this drawing /s a true and oeourote re totlan thereof to the best of my knowledge and ba/fef. Subfe o notes and nototlonsshown hereao o)0- ,yam EC. DEMEMN, P.S. __JUL 4 51781- 20177 DAM Not vWld without the s/gnature and the wig/nal rofaed soa/ of o F7orldc KimleymMorn "AC LEGAL DESCRIPTION AND SKETCH OF__j S"En NUMB�N 7�1°T PARCEL 110 n `�° ,eaao „'°°suc"'""°'° rnotFC"°' nx-ies"i,3p INDIAN RIVER COUNTY, FLORIDA 047035041 r��a�uaar-+,omh.caw SECTION LINE - — EASEMENT LINE PROPERTY LINE PROPOSED RIGHT OF WAY PARCEL - - RIGHT OF WAY LINE P.O.C. POINT OF COMMENCEMENT P.O.B. PONT OF BEGINNING R/W RIGHT OF WAY ORB OFFICIAL RECORDS BOOK PG PAGE FDOT FLORIDA DEPARTMENT OF TRANSPORTATION SECT. SECTION We oertltlos that a legs/ dvs 1pt/on and sketch of the property shown hereon was made under my suparNslon and that this /ega/ deacrlptlon and akatch moats the standards of. pmctl&v eat forth by the F7orfdo Hoard of prafesilonal Surveyors and Mgppws ph Chapter. 5J-77, Ror/do AdmMh,&-vtlw Code, pursuant to Seat/on 472.027 Aldo Statutes, and that this drawing /s a true and oeourote re totlan thereof to the best of my knowledge and ba/fef. Subfe o notes and nototlonsshown hereao o)0- ,yam EC. DEMEMN, P.S. __JUL 4 51781- 20177 DAM Not vWld without the s/gnature and the wig/nal rofaed soa/ of o F7orldc KimleymMorn "AC LEGAL DESCRIPTION AND SKETCH OF__j S"En NUMB�N 7�1°T PARCEL 110 n `�° ,eaao „'°°suc"'""°'° rnotFC"°' nx-ies"i,3p INDIAN RIVER COUNTY, FLORIDA 047035041 r��a�uaar-+,omh.caw Exhibit C Indian River County, Florida Property Appraiser ParcellD 32390700001001000002.0 OwnerName PropertyAddress INDIAN RIVER COUNTY 6855 66TH AV VERO BEACH, FL 32967 INDIAN RIVER COUNTY (hereafter Petitioner) VS. BILLY W. JACKSON (PARCEL 110) (hereafter Defendant) I PRE -SUIT MEDIATION SETTLEMENT AGREEMENT The above named Petitioner and Defendant have reached the following agreements in full and complete resolution of the above styled pre -suit claim, which arises out of an eminent domain claim by the Petitioner against the property owned by the Defendant and located at 6835 66th Ave, Vero Beach FL 32967, (Hereafter "Parcel 110") the legal description of which is included on exhibit A: 1. Within 20 days of the County Commission approving this Agreement as described herein, the Petitioner agrees to do the following: a. The Petitioner will pay to the Defendant the total sum of $210,000.00 (Two Hundred Ten Thousand Dollars); and b. The Petitioner will convey to the Defendant clear title to the real property known as the remainder parcel from Parcel 111, the legal description of which is shown on exhibit B to this Agreement; and c. The Petitioner will pay the Defendant $54,450.00 (Fifty Four Thousand Four Hundred Fifty Dollars) in attorney's fees, including any non -monetary claims for fees; and d. The Petitioner will pay Defendant $20,000.00 (Twenty Thousand Dollars) in reimbursement for Defendant costs. 2. Within 20 days of the County Commission approving this Agreement as described herein, the Defendant agree to do the following: a. The Defendant will convey to the Petitioner clear title to the real property described as the "Right of Way Parcel" on Exhibit A. (Parcel 110 containing 0.47 acres +/-) 3. The Petitioner agrees to construct an 18' wide driveway from 66th Ave onto Parcel 110 during the planned 66th Avenue roadway widening project. Depending on the engineering requirements, the driveway may extend into Parcel 110, in which case Defendant agrees to give Petitioner a temporary construction easement or right of entry to construct the driveway. 4. The Defendant agree to assume all risk regarding any drainage issues on Parcel 110 and 111 resulting from the 66th Avenue roadway widening project. 5. This entire Agreement is subject to and contingent upon approval by the Indian River County Board of County Commissioners (Hereafter the Board). The Petitioner will put this Agreement on the agenda for the next available Board meeting and the County Staff will recommend Board approval of this Agreement. If the Board fails to approve this Agreement, then this entire Agreement is void. 6. Except as stated herein, all parties to this agreement further agree to bear their own costs and fees. 7. The Petitioner will pay the entire cost of the mediation. 8. This agreement is final and binding as of the date and time it is signed by or on behalf of the parties. 9. Other agreements: None Done and agreed to on this 27th day of June, 2019 in Vero Beach, Florida. kak�— WILLIAM K. DEBRAAL, ESQUIRE Indian River County Attorney BILLY W. JACKS Defendant/Representative. ,VID W. HOLLOWAY, ESQUI orney for Defendant i H. RANQAL BRENNAN, M Mediato #:15632CR The Pre -Suit Mediation Settlement Agreement dated June 27, 2019 between Petitioner (Indian River County) and Defendant (Billy W. Jackson Parcel 110) is hereby approved by the Board of County Commissioners of Indian River County, Florida. Attest: Jeffrey R, Smith Clerk of Circuit Court and Comptroller B;� Deputy Clerk Approved as to form and legal su i iency: By: M4�)' William K. DeBraal 16 Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners By:� Bob Solari, Chairman BCC approved: July 16, 2019 (Official Seal) N W »* E I v S 100, INDIAN RIVER FARMS CO. I I CIw r� w GRAPHIC SCALE PLAT BOOK 2, PAGE 25 (ST, LU E) zo No a,O N uj W g -- 156.00' I 4J v' z uj ETRACT 1E I z 32390700001001000003.0 I W w ORB 1023. PG 2395 PARCEL 110 Im ¢ 20,470 SQ.FT, 0.47 ACRES Q I N I _ — C�o m w 156.00'5o' I CD I ds 30' — to 2O' w I z r 10 i mmtl� CX N I �aq�avl tY I S W � N I LE ESCRIPTION RI H OF WAY ARCEL THE EAST 156.00 FEET OF THE FOLLOWING DESCRIBED PARCEL AS RECORDED IN OFFICIAL RECORDS BOOK 1023, PAGE 2,395, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. THE NORTH 132 FEET OF THE SOUTH 264 FEET OF THE NORTH 10 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, FILED IN THE OFFICE OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. CONTAINING 20,470 SQUARE FEET OR 0.47 ACRES, MORE OR LESS. PROPOSED ACQUISITION PARCEL ACREAGE : 0.47 ACRES PORTION OF THE ACQUISITION PARCEL THAT IS ENCUMBERED BY THE FOOT — 0.09 ACRES RIGHT—OF—WAY WWA SURVEYORS NOTES 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 LINE BEARS NORTH 00'00'25" EAST. a 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON AVENUE PREPARED BY BUROETTE AND ASSOCIATES, THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH a DATED COUNTY, FLORIDA. 10-10-06, AS DIRECTED BY INDIAN RIVER g LEGEND SECTION LINE EASEMENT LINE PROPERTY LINE This eertlaes that o /epo/ d..e 1ptlon and sketch of thw propwrry shorn ^— PROPOSED RIGHT OF WAY hwn was made vnder my aparda/m and that this l.pal description PARCEL and sketch meets the wtondord- of practlow at forth by thw 017 --id.$ Board of Pmfesalonal SmfWw" and Mappr M Chapter 3J-17, F7orfdo $ RIGHT OF WAY LINE Adminlstmtfm Code, pursuant to Seation 472.02?.�.-.J•7 drlda Statutes, and P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING that thb Wow/n9 /s a true and occuroere ts n INrtot/on thereof to the but of my knor4wd9w and beliwL Sub o nota. and nototlana shorn R/W RIGHT OF WAY ORB OFFICIAL RECORDS BOOK nwn PG PAGE. FOOT FLORIDA DEPARTMENT OF TRANSPORTATION --- --- EC, 0£M£7Ep, P.SAt. NO. 3179 JUl_ 2 4 2017 SECT. DA7E:• _ SECTION Not rolld without the sipnotur* and the orIgInal rolsed seal of o f7orldo DAM K■■ Llca —d SLr�v and Mappwr. � »Horn 7/10/17 •Ymle111) LEGAL DESCRIPTION AND SKETCH OF SHEET NUMBER •+ Eco Pmol'tca� «•�%•,� .ons.e047037tto PARCEL 1 10 wu 'ra_ast.s,s° 047033041 wew.lua[r-uoRK.� INDIAN RIVER COUNTY, FLORIDA LEGAL DESCRIPTION PER O.RB. 2332, PG. 1686 The North 132 feet of the South 396 feet of the Nath 10 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, Page(s) 25, of the Public Records of St. Lucie County, Florida; said lands now lying and being in Indian River County"Florida. I - e --s S /IN O LESS AND EXCEPT those lands conveyed by deed recorded in O.R. Book 1863, at Page 2163; and deed recorded in O.R. Book 2270, at page 1864; being more particularly described as follows: Commencing at the Northeast comer of Section 7, Township 32 South, Range 39 east, Indian River County, Florida, described and bound as follows: Run North 89°42'24" West along the North line of Section 7, TaWnship 32 South, Range 39 East, a distance of 80.00 feet to a point; Thence run South 00°18'3T' East along the West Right of Way tine of 66TH Avenue, a distance of 272.63 feet to a point; Thence run North 89°42'24" West, a distance of 470.48 feet to a point. Said point being the POINT OF BEGINNING. Thence ruri South 0018'37" east, a distance of 28.95 feet to a point; Thence run North 89°42'24" West, a distance of 152.00 feet to a point; Thence run North 00°18'3T' West, a distance of 28.95 feet to a point; Thence run South 89°42'24" East, a distance of 1522.00 feet to a point. Said point being the POINT OF BEGINNING.