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Home My WebLink About2019-125AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND EUGENE M. EICHELBERGER THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the 13 day of August , 2019, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Eugene M. Eichelberger ("the Seller) who agree as follows: WHEREAS, Seller owns a parcel of real estate located at 6700 65th Street, Vero Beach, Florida 32967 (the "Parcel'). 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 49"' Street and 69th Street in the future and the road expansion will impact the Seller's parcel; 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 14,811 square feet or 0.34 acres of property as depicted on Exhibit "B", and WHEREAS, the County also needs a 10 foot Temporary Construction Easement (TCE) from Seller as described on Exhibit "C" attached to facilitate the Project, 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. 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 portion of real property located at 6700 65th Street, Vero Beach, FL 32967 and more specifically described in the legal description attached as Exhibit "B", fee simple, containing approximately 14,811 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 $17,500.00 (Seventeen Thousand and Five Hundred 00/100 Dollars) and $5,500.00 (Five Thousand and Five Hundred 00/100 Dollars) forthe relocation ofthe fence and gate. The Purchase Price of $23,000.00 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 The Seller agrees that the purchase price ("Purchase Price") of $23,000.00 will cover all project impacts including relocation of the fence and gate, temporary construction easement depicted on Exhibit "C" and other items. 2.3 The County will remove the existing drain pipe across 65th Street on the west side of the property and install a new pipe and inlet across 651h Street at the location shown on Exhibit "D" as SS -202C. 2.4 The County will install a drainage system in the County right-of-way in front of the parcel. The design has been incorporated into the current construction plans for 66th Avenue. See Exhibit "D". 2.5 The County will be responsible for removing and replacing two driveways within the County right-of-way with concrete aprons and stormwater piping as shown in Exhibit "D". 2.6 The County will be responsible for constructing a drainage swale system on the Sellers property as depicted on Exhibit "D". To include SS -202A and SS -202C. 2.7 The Seller will relocate the fence within 120 days of Closing 2.8 The County would be responsible for installing a culvert across the retention area for access to the western gate. This will be a stabilized grass access point 14 -feet wide. 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 2 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"). Sellershall 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: 3 (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: 0 8.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 9. Miscellaneous. 9.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 9.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service orfacsimile transmission, as follows: If to Seller: Eugene M. Eichelberger 6700 65"' Street 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 may be executed in two or more counterparts, each one of which shall constitute an original. 9.8 County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. M IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORI BOARD OF COUNTY COMMISS Bob Solari, Chairman Approved by BCC August 13, 2019 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptr er '' 11 By: WAy Deputy Clerk Jason EL Brpwn, County Approved as to Form d Le S fficiency: & at.,A William K. IfeBradf, Deputy County Attorney M. Eichb[beraer V Date it EXHIBIT "A" INDIAN RIVER FARMS CO SUB PBS 2-12 W 8.99 AC OF TR 8, LYING IN SEC - 7-32- 39, LESS HOWEVER THE N 653.0 FT THEREOF AKA LOT 4 ON DAVID M JONES SURVEY DATED 8-6-98. JOB #98-226R Commonly known as: 6700 6511 Street, Vero Beach, FL 32967 Parcel ID Number: 32-39-07-00001-0080-00001.0 R N W E S TRACT 7 60_ 8 240' 100 ORAPMCSCAT8200 EXHIBIT "B" f:713iTe1: THE NORTH 50.00 FEET OF THE SOUTH 60 FEET OF THE FOLLOWING DESCRIBED PARCEL AS RECORDED IN OFFICIAL RECORDS BOOK 1815, PAGE 2397, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. THE WEST 8.99 ACRES OF TRACT B, 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 CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PUT 80 2, PAGE 23• SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNT', FLORIDA, LESS HOWEVER THE NOF)TH 653 FEET THEREOF. CONTAINING, 14,811 14,811 0.34 FEET OR 0.34 ACRES, MORE OR LESS. 32390700001 008000001.0 ORB 1815, PG 2397 TRACT 8 INDIAN RIVER FARMS 00. PLAT BOOK 2, P GE 25 (ST. LUCIE EASTARTER TOE CALCUSECTION LA PROPOSED RIGHT CF WAY 65th. STREET — — — - ---roufFI LWET..E; GURUER-6F srur fT7 BOTH AVE.'BASI LEGE ON LINE EASEMENT LINE NOTES PROPERTY LINE SURVEYORS PROPOSED RICHT OF WAY 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY DEDICATION RETRACEMENT SURVEY. _ _ RIGHT OF WAY LINE 2) THE BEARING BASE FOR THIS SURVEY, IS THE WEST LINE OF SECTION P.O.C. POINT OF COMMENCEMENT S. SAID LINE BEARS NORTH 00'00'25° EAST. P.O.B. POINT OF BEGINNING 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING R/W RIGHT OF WAY REPRODUCTION PROCESSES. . ORB OFFICIAL RECORDS BOOK 4) THIS DRAWING IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR PG PAGE 86TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS TCE TEMPORARY CONSTRUCTION DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. EASEMENT LL o 1 U. O 2 Q We cwdlbe Nat o k4W dmo*11an and MItM of the pmperty Moxas heroen roe mode Rn my eupw eon and that MM /e4W deeorpthe, w,d AMeh meets the etmdarde of pmcthe eat forth by the Rw o Bond of ProAeekMel 4Lmro and Maop" M 0bopler df7,, Flarldo A&mfolsfmt" 0od4 Pw oast to Seotkn 4120 7,, RMda StatuteM and Mat MM maxh4 M a fine ood acoumk reoreeentotkn thereof to Me huf of my R mmed, and hNlf. Sebfill to oohs and notodone Mann 6= ranted sq' of a llaldo nems M\MLN,'w1i&OW! MM COMM A1EAVf 7-0112 - fl,deed Per IRC\PA9CR 301no.e . in 1] Mn) 21wn a n --o EXHIBIT "D" ff 4W. Mv.E6ai5S. m. isx�• :7�.t�� - :wall e� n.■..�...� M. �_. ��ini—w��ii��i��®.��si ll .w -- NORM REFER TO XTAIL ■m■■■nmem■m■■■■moo■■NIN■■ moon..... eeeeeeM eeeiimeeeeee aq"u m■emml` moon �MMMMM MeeeeeeeeeeeS NONE :::: C:eCeee. 01111 eeeeeeCe eem:®� . I■ mm ■■■■■■■ ■mm■■■■ . .............. ...... ■m■■■■■■■■F,.■. ®em■e ■..■■■1■■■■■■.MINE■■■■■■■■■■■ ■■■ ■■n ■■m■■■■■■■�l�mm� "_=e am ImilloommIm........ BEEN M 5 --- �.......pa,C mme■■uVlmMMc=M■■e..■m Io■■■■m■■■■ ■ ■■■■ �.�� .�- � �..�II C- ]■m■■■■■iA1�t'!!■■■■■■■■n Imo■■n■■■n■e■emm■■■It■m■�`1�eee�fiil - ,�!!�J1nim■■■■■■■u No 0M m e:ei ■.■n■••ee:eem INAMMEWAMMEWPIOMEN� WINES smo molhiNAMANNIN :::m::: -1C:::■:MMEm NAMEi m1 :8::m� F,mmm 1k TCE — 661' Avenue Roadway Widening - Project #1505 PID# 32-39-07-00001-0080-00001.0 Project Parcel #305 — Eugene Eichelberger Prepared by and return to: IRC -PW -mf 1801 27^ Street, Vero Beach, FL 32960-3388 TEMPORARY CONSTRUCTION EASEMENT This TEMPORARY CONSTRUCTION EASEMENT, made and executed this An I day of ` 2019, by Eugene M. Eichelberger whose address is 6700 65th Street, Vero Beach, FL 12967 hereinafter called GRANTOR to Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960-3388, hereinafter called GRANTEE, WITNESSETH: That GRANTOR, for and in consideration of the sum of ONE DOLLAR and other consideration, receipt of which is hereby acknowledged, does hereby grant unto the GRANTEE a TEMPORARY CONSTRUCTION EASEMENT on, over, across, and beneath the following described land, situate in Indian River County, Florida, to -wit: EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF This easement is for the purpose of all construction incidentals, such as; grading, sloping, sodding, clearing, excavating, dredging, etc. This easement shall exist only until the completion of the construction work for the 66th Avenue Project No. 1505. IN WITNESS WHEREOF the GRANTOR has herein set its hand and seal the day and year first above written. Signed, sealed, and delivered in the presence of: „ Witness Signa Printed Name: Witness Signa Printed Name: � f Grantor Signature / - t' C', Printed Name: Euge a M. 'c elberge STATE OF FLORIDA} COUNTY OF INDIAN RIVER} pry`Iva Noury Pubiw suu or Flondo Tanya Rmchack My Comm wn GG 304347 �q w/ Eapres 02200023 The foregoing instrument was acknowledged before me this-,'_ day of od 2019, by Eugene M. Eichelberger, he/she is personally knov n to me or prua d driver's license as identification. Sign; '6(1' 6 f 4A11 - 'Notary Public Printed name & Commission # Attest: Jeffrey R. Smith, Clerk of Cucyq CourtnW Comptroller DO" ChAr AM a to F4na d e al Sufficiency: County A orney N W E I S TRACT 7 0 200' 400' ORAPIRC SCATS 200' LEGAL DESCRIPTION MPORAI�UCnON EASEMENT THE NORTH 10.00 FEET OF THE SOUTH 90 FEET OF THE FOLLOWING DESCRIBED PARCEL AS RECORDED IN OFFICIAL RECORDS BOOK 1815, PAGE 2397, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. CONTAINING 2,962 w jn FEET OR 0.07 ACRES, MORE OR LESS. U 32390700001 008000001.0 ORB 1815, PG 2397 —296.07'7- 2,962 SO.FT. j-0.07 ACRES rt PARCEL 305 OFTRAYCT-CWS 50__ — — — BI NOTE 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE WEST UNE OF SECTION 8. SAID LINE BEARS NORTH 00'00'25" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. OF WAY MAP FOR DATED 10-10-06, AS TRACT B INDIAN RIVER FARMS CO. PLAT BOOK 2, P GE 25 (ST. LUCIE EAST QUARTER TCE CORNER CALCULATED TION 90 PROPOSED RIGHT OF WAY —� — I 65M. STREET — — — SOUTH UNFR QUAAMM—OFCs€ nn y P.O.C. P.O.B. R/W ORB PG TCE 66TH AVE. BASE FDOT 50' WIDE R/WI R/W MAP SECT. 86530-2250 I LEGEND I I — SECTION LINE — EASEMENT LINE mk .axn.. a t . lard daa..rota, ane .retn or M. P.avxty Me. — PROPERTY LINE nmaan .., med. -n my aw. I- one M.t Ma l p.l da...pt PROPOSED TCE are M,eew moor. M..mndvm .r'.a.tk. nt n.M by Me naw. M.wd oI P..Me'end and M. . k q,ta A -i), Rv — RIGHT OF WAY LINE amnh "te coda Pte. t to S..Mar 4M.027, Ra Sf Nth aM Moe Mk d...M9 M . bue and .ewrvi..p-xa,fetlm Meer t. M. POINT OF COMMENCEMENT bet et .ay w.er do. aw brl r. wb,M.t to nems end n0.M , M..n POINT OF BEGINNING RIGHT OF WAY l OFFICIAL RECORDS BOOK iT- / lL � PAGE La OE1wm Ask Aa mn TEMPORARY CONSTRUCTION w>E 3-15-19 EASEMENT ,yt yy a;y, M. wy„y,. aw ma aped ro..d aW ee. narme onek. emv w\Mkl,myObNV kN11 W\MV AVDKO, a 12 - P.b.f M M\=- ween M C.sN... P, ]bb - =On .. R 11a 1A =0 km bx eem.rta.M V Z 1 3120190057945 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3243 PG: 565 Page 1 of 3 10!3/201910:25 AM D DOCTAX PD $161.00 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.: 49084862 Property Appraisers Parcel Identitication (Folio) Number: 32390700001008000001.0 part of Space above this line for Recording Data WARRANTY DEED THIS WARRANTY DEED, made the -2, day of October, 2019, by Eugene M. Eichelberger, an unmarried man, whose post office address is 6700 65th Street, 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 qf individuals, and the successors and assigns 9f 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 North 50.00 feet of the South 80 feet of the following described parcel as recorded in Official Records Book 1815, Page 2397, Public Records of Indian River County, Florida. The West 8.99 acres of Tract 8, Section 7, Township 32 South, Range 39 East, according to the last geueral 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, said land now lying and being in Indian River County, Florida, LESS however the North 653 feet thereof. 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. Fi Ic No.: 49084862 f.TF 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 State of Florida County of Indian River The foregoing instrument was acknowledged be who is personally known to me or has produced SEAL My Commission Expires: Fi Ic No.: 49084862 g Seal) Eua M. Eichelberger by Eugene M. Eichelberger. cation. Name iAARY vl, i •�oo� 17, 2p�A�� 0 2 0 #GG 295887 0j a 90 i9�6p?A°b/ceUnA 0. 0<<` Yl"//Z'J�/C STATE' 0 LTF N 1�e YY- E s TRACT 7 EXHIBIT "By$ M3 EL �H a r 80 ET H5,Fl16L,0'MN.11 DOERS&SROVI; IADILIAS 5�lpjj RED isl 39 LID ED 0 r N I( VER 000 T 0 No 1 IMN 14 OVOS 58C R MNT Y�F FLORIDA, THE 717lyll ACRES OF T IPSECTION '70?SHIP 32 SG UInHRANGE 390 EAST ,ADOJDINgG THE LAST rALLAT9OF WADS OF TME 1NDIANrARMS COMPAt 1NML ED So PAS O5`&"LANKNowEYC`AaBAG IOf3&AWCIEROV* Wo�AT HOWL 7HE NORTH Lu 653 FEET THEREOF. fi CONTAINING, 14, 811 SQUARE FEET OR 0.34 ACRES, MORE OR LESS. TRACT 8 32390700001 005000001.0 I DIAN RIVER FARMS 2 CO ORB 11118, PO 2397 AT BWAIE�R, Tf GE i 6 L A PROPO EAST AR RION 7 SW Y T RZ 3 5 I T OF WAY CALCULATED Pk�o—m 365 1 —PRIWOS—M 77W olrwry GH 85th, STREET avy im J11NE NtEt GUANlrff-?Sr qrrffllrl� 14,511 Solp"T" -TSTW AVE. 'BASIJNE 0,34 ACRES Ft) 1 6 1 CERdPER R03DR2 SURVEYbR NOTES I THIS IS A SKETCH LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT OF SURVIM 2) THE BEARING BASE FOR THIS SURVEY, IS THE WEST LINE OF SECTION S. SAID LINE BEARS NORTH 00=*25" EAST. I THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. , LINE E= rLL SECTION LINE Jill EASEMENT LINE Mis wuAw that r *0' 4*0**Rm and okwah of At "arty mofm PROPERTY LINE bwwm "s made wKiw ov WPWAR* few Phot 'r hod, -"v PROPO= RI(W OF WAY and sbfcA M#pb f Nmtpm 0 Ifto Mar* am °f''"~ a=d:d N*p ham, O*Vft oed* da - fn DEDICATION A"M v sw#m 4"?Z stolul w" RIGHT OF WAY LINE hwi obovoe :of - kof - ol =0: d hoffixg &**bi notwUms #haw P.D.C. POINT OF COMMENCEMENT hwift P.O.S. POINT OF BEGINNING R/w RIGHT OF WAY ?,. C�Qe.�� VKV urrmam. r%Lvvnu3 tSUOK t 4 VgArM%, AAM. NA Ofyo R -+3-I - ? "711 Qf Ihs Akn*&V and the W"W rdbad sial of o "AML a"A" 3H im 14 01 91 4w bX o"Wo" u- 0 O HE PREUMINARY RIGHT OF WAY MAP FOR PC PAGE 7M AND ASSOCIATES, DATED 10-10-08, AS TOE y CONSTRUCTION OAla J FLORIDA. EAEbiENTm" mw Wkl hosed row, rrawtM wo Vj\Wl-ftm0M* XM WOW A=X\XM-Mll - Wad PW >R;I3l3'H1IAS'8'r 30Vd ISVI NO NOIMI:111200 MOD :3mi v fartA nx u- 0 O HE PREUMINARY RIGHT OF WAY MAP FOR PC PAGE 7M AND ASSOCIATES, DATED 10-10-08, AS TOE y CONSTRUCTION OAla J FLORIDA. EAEbiENTm" mw Wkl hosed row, rrawtM wo Vj\Wl-ftm0M* XM WOW A=X\XM-Mll - Wad PW >R;I3l3'H1IAS'8'r 30Vd ISVI NO NOIMI:111200 MOD :3mi v WESTCOR POLICY NO. LAND TITLE INSURANCE COMPANY OP-25-FL1394-7864963 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, Westeor 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 Companv. Issued By: FL1394 * 49084862 WESTCOR LAND TITLE INSURANCE COMPANY Atlantic Coastal Land Title Company, LLC /�/� �^A� �� p /� 855 21st Street, Suite C ��'oo'tj' By. Y "1 Vero Beach, FL 32960yy3wSEAt� '�'_ elide t - """YS3,; Attest: Secret y OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page I 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zon- ing) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforce- ment action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks I 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- a. (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- (d) attaching or created subsequent to Date of Policy; or ment erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power. This Exclusion I(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 terns 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 pen -nit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of war- ranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Condi- tions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page 3 CONDITIONS - CONTINUED other t th• t ' 't b d bl ac a m s opumon may e necessary or esira a 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 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 of liability or waiver of any provision of tins policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceed- ing and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. if the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representa- tive of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or dam- age. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claim- ant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any li- ability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Con- ditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the 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 Coin- partypays 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 ft111 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 acid 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: 49084862 OP-25-FL1394- 10/3/2019 @ 10:25 AM 7864963 Property Type: State: Florida, County: INDIAN RIVER Address Reference: 6700 65th Street, Vero Beach, FL 32967 1. Name of Insured: Premium: Amount of Insurance: $132.25 $23,000.00 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 North 50.00 feet of the South 80 feet of the following described parcel as recorded in Official Records Book 1815, Page 2397, Public Records of Indian River County, Florida. The West 8.99 acres of Tract 8, 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 Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25, said land now lying and being in Indian River County, Florida, LESS however the North 653 feet thereof. Issued By Atlantic Coastal Land Title Company, LLC 855 21 st Street, Suite C Vero Beach, Florida 32960 772-569-4364 Telephone 771 -RAO -AAAA Fov ALTA 6-17-06 OWNER'S POLICY (WITH FLORIDA MODIFICATIONS) Policy No. OP-25-FL1394-7864963 File No.: 49084862 SCHEDULE B EXCEPTIONS FROM COVERAGE Except as provided in Schedule B - Part II, this policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: 1. Rights or claims of parties in possession not shown by the Public Records. 2. 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. 3. Easements or claims of easements not shown by the Public Records. 4. Taxes or special assessments which are not shown as existing liens by the public records. 5. Taxes and assessments for the year 2019 and subsequent years, which are not yet due and payable. 6. Subject to all Canals, Laterals and Sub -Lateral Ditches, Dikes and Road, as set forth on the plat of Indian River Farms Co., according to the plat thereof, as recorded in Plat Book 2, Page 25, Public Records of St. Lucie County, Florida, said lands now lying and situate in Indian River County, Florida. 7. Right of Way Easement in favor of Southern Bell Telephone and Telegraph Company as recorded in Official Records Book 491, Page 580, Public Records of Indian River County, Florida. 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.: 49084862 A. Settlement Statement B. Type of Loan 1, i'_:'7 FHA 2.:2 RHS 3. C] Conv, Unins. 4. L; VA 5. a Conv. Ins. 6. File Number 49084862 U.S. Department of Housing and Urban Development 1 OMB Approval No. 2502-0265 1 r 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 o1 Borrower E. Name and Address of Seller F. Name and Address of Lender mm Indian River County, a political subdivision of the State of Florida Eugene M. Eicheiberger 1801 27th Street 6700 65th Street Vero Beach, Florida 32960 Vero Beach, Florida 32867 j i i G. Property Location 6700 65th Street Vero Beach, Florida 32967 INDIAN RIVER 6 (j j H. Settlement Agent Atlantic Coastal Land Title Company, LLC - 855 21st 5t. Suite C, Vero Beach, FL 32960 Place of Settlement 855 21 st Street Suite C Vero Beach, Florida 32960 K. SUMMARY OF SELLER'S TRANSACTION: I. Settlement 10/02/19 Date J. SUMMARY OF BORROWER'S TRANSACTION: 100 GROSS AMOUNT DUE FROM BORROWER - 400. GROSS AMOUNT DUE TO SELLER _,.__ 401. Contract rice _ 23 0 00 00 { 701 Contractsalespnce _._ _.....__ 23 Otl0.00 sales _L_ �- ?02 Persona�roperty_.,-- .. - _ 740 25 402 Personal property_ --- 403 _ 703 Settlement char es to borrower ime 1400 -- ___..._ .__.._�....._._.. ._ i 4104 04 . ....�._......__�._ t---__. .�......._.__.._ US. 405. ........ _...-_ _.__ ....... _... -- ---. - __. Adjustments for items paidb sy eller in advanceAd ustments for itemspaid by seNer in advance _�__.___ ClryRown taxes-- -. 107. County taxes 407. Camty taxes to -� 108 Assessments to _ _ - 408. Assessments - to _-- _. � 109 110 . 409 _ _ ..._ _ _ ._._. ........ 171 411. 412. f 20 AMOUNT DUE FROM BORROWER _�., �_ 23 740 23 ! - _ 420. GROSS AMOUNT DUE TO SEDER - _ _ - 1--_ -- _ _Z3 000,001 _GROSS 200 AMOUNTS PAID BY OR IN BEHALF OF BORROWER -. _. 1500, REDUCTIONS IN AMOUNT TO SELLER { 201 Depositor earnest money 202 Pnnc psi amount of new !Den(s) _ _- _ ......--_ S01 Excess Deposit (see instructions) 502 Settlement charges to seller Oine 1400) 1 00 Zn3 Ewstiloanis) taken sub act to 9 1_ -- an subject to 503 Existing 1. Dans taken _ . 204 ._. __. 604 Payoff of _ mortgage loan first Payoff of second mortgage loan _ 205 ,SOS 206. 207. -..�_-..._...______.._..--- 506. 507. -- -_...._._..-._..._...... _...._--- -- ....-.. ..-------"-i -- ...__.....--- 208 508. -- - -- 109 Adjustments fo_r.items unpaid by seller . . ....... -. _ _ _ justments for llama un aid by sellar -_, -2t0 Cit R_ y ovm taxes to i 211 County taxes to __- b10 Ci own taxes - _ to 511. County taxes to _ _. _ -. 212 Assessments to- - 512. Assessments _- .. to _-_ _.._ .._.,j 511, ........... _ __ ......- -_ --�' 214514. _--.-._..-_. _ .... _..........-._ _ _... r-217. .� .- ...: ._.._.._ i 218 .. __r._t7 ... �_._....._ __ - 519. - .... _ 20 TOTAL PAID BY f FOR BORROWER X600, 1 520. TOTAL REDUCTION AMOUNT DUE SELLER -- --- CASH AT SETTLEMENT TO OR FROM SELLER - 00; 300 CASH AT SETTLEMENT FROM ON TO BORROWER ---T t 301 Gross amount due from bonower,(tine 120 _ 302 ,Less amourn�aid bYlfor borrower (t ne 220) _ . _-- _ 23,740.25 60L Gross amount due to salter - 602. Less reduction amount due to sellerline 520 __._ -_- _ 177 QO 303. CASH FROM BORROWER - 23,740.25 1603. CASH_ TO SELLER 09.27.2019 at 8:34 AM form HUD -1 (3186) ref Handbook 4305.2 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT _ PAGE 2 L. SETTLEMENT CHARGES: Fila Number: 49084862 PAID FROM PAID FROM . ----. . ----'-.---_ -- 700 TOTAL SALEStBROKER'5 COMMISSION based on rip ca $ �_ --. BORROWER'S SELLER'S FUNDS ATFUNDS AT Division of commission bine 700) as follows: SETTLEMENT _- SETTLEMEN 702, 7_03_, 704 800. 80L 802. 903. Origination Fee Discount from 1002 Mortgac,Le insurance, ...._-....... - .. ... 85.00 �- t UO3 City pEgRertY taxes n°._ $ (m° Deed $ 100a Coun rope_ taxes - _ mo. �$ -,. 1 mo _t°._.._..._.._ to ,1005 Annual Assessments - _,_,__ mo•Ca?$ ,_-, Mo. ....... �......____ ........ _...... _._ _ 1105. Document QreParaLon _. ta._.. - t mo. _.... _._ Mortgage $ ... _ ___ . _._ � nm --- --. .... inn. lRiS f ma. ........... t t Ot Settlement or Dosing tee_ 1102 Abstract or title search -- _ .... _..�_......... __._.�..... ._.... —. .. ... _ to Atla�iic Coastal Land Title CampapLLC to Westcor Land Title Insurance Com an ._ _ p Y _.. ...._-....... - .. ... 85.00 $ 27 00 27.00 1103 Title examination _1201 CdytcountYlstamps Deed $ ..._ Mortgage $,,,,,_ ____-. .- .. _ ._�..._.._. ttga Title insurance binder _t°._.._..._.._ to .... ___ Mortgage $ __� _ . _ __ 161.00 - - 1105. Document QreParaLon _. ta._.. . .-... _.._ .- ------- _Dead $ ...___ -__ _.... _._ Mortgage $ ... _ ___ . _._ --- --. .... 1106Notary fees ,!1-06 (_t2U5_.__._..._..— _ ...--...._. 1 300 1301 ADDITIONAL SETTLEMENT CHARGES Surv------- to _- _-......... ... _-...._. .__ _ .. (includes above KomNo: ___ to 1108, Title insurance _ to Westcor Land Title insurance Gom_p .... _.., includes above Aem No - 1109 Lenders wveraga 1,1110, Owner's wve-,_ rage_, _ 23 0� 00.00 132 25 --- 1111 Di ital Archive/LandTech Fee _- ForensistLaitdTech 35.00 1112 1201 Recording fees Deed S 27 00�_ ,,_MoA ngaga as - ,__ _-___Releases $ 27 00 27.00 27 00 _1201 CdytcountYlstamps Deed $ ..._ Mortgage $,,,,,_ ____-. __- _ __ - _ 1203 State taxlstamps _-- . „Deed S _____ - 161 00 - Mortgage $ __� _ . _ __ 161.00 - - _, 1204 Intangible Tax— _Dead $ ...___ -__ _.... _._ Mortgage $ ... _ ___ . _._ --- --. .... — (_t2U5_.__._..._..— _ ...--...._. 1 300 1301 ADDITIONAL SETTLEMENT CHARGES Surv------- to _- _-......... ... _-...._. .__ _ .. 1302 to 1303. 1307 -- - - - - - } 1306 -- r _ (enteron tines 103 and 50 Sections J and_K) _ __ _ 74025 17790; 1400. TOTAL SETTLEMENT CHARGES, _ 09-27-2019 at 8:34 AM form HUD -1 (3186) ref Handbook 4305.2 HUD -1 SETTLEMENT STATEMENT Vile. Numher- 49084862 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 certify that I have received a copy of the HUD -I Settlement Statement. Buyer r Co ty P'ilfiam rK0eBkraaI, Deputy County Attorney In the event a proration of "axes is necessary when the tax. bills for the cut -rent year are prepared, the parties agree to handle said re-prorations between themselves. C, ejilq EU ne Ni. Eichelberge, rr Seller Settlement Agent 'I'he HUD -1 Settlement Statement which I have prepared is a true and accurate account of this transaction. f have caused or will cause the funds to be disbursed in accordance with this statement. Atlantic Coastal Land Title Company, LIX Date: October 2nd, 2019 A TRUE COPY CERTIFICATION ON LAST PAGE J.R, SMITH, CLERK V w pw mowv 'Ya1N0� '1J Nf1o0 tK3A!?t NVN1Nl AS 03103MIa 0 a a jo par pw4w- P444 aq p- -909 yr np tewAa prM j4WLN -----�---7 - r— w Yi3SY3 Nouonitl:SN00 k& dMf 3011 SY '90-ot-01 a3LYo 's3LY10oSSY 0 31L3okhis As =Yd39d 3nN3AY KL (t rObd 3K NO 03SY8 SI ONIMYM0 SIHI1-91-1 %W f 3eyd a0d dyN( AYM d0 IHOW ANYNIY uta vm yrvw wumm tv -� MOOS SQUODU 1YIDUJO 1HOIM 8M0 M/� '335S313OUd N0110000t1 M 0N►Y311Q a3LYlOLSIG N33H 3AYH kYiy CMMV is SIR. A IMS 3NL (£ JiYM d0 m tIMNN1038 A 1N10d '8'0'd `IM wQZ Oo.Oe KING Y SW38 3N1 Qlvs '9 -q IN3W3ORMY100 10 1NIOd "h'o`d 1401133S.4o 3Nn ism 3m SI 'k3Al3t1S sod MO.i 39Y9 ON1 08 3111. (Z —Vo .wggar pw w,ar of i444M 7+1x4 Pw wWalwW fw N1jO w of raw W"&wmA*+ *PAW" w+ «w A. 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Subject Instrument: Mortgage executed by Eugene M. Eichelberger in favor of First National Bank and Trust Company of the Treasure Coast, dated June 24, 2005, and recorded in O.R. Book 1895, Page 1476; as modified by instrument recorded in O. R. Book 2072, Page 1969; O. R. Book 2127, Page 1876; 0. R. Book 2185, Page 1765; and O. R. Book 2230, Page 432, and Mortgage Modification and Consolidation Agreement executed by Eugene M. Eichelberger, in favor of Seacoast National Bank, given to secure the original sum of 60,000.00 and recorded in O. R. Book 2241, Page 564; Mortgage Modification and Consolidation Agreement recorded in 0. R. Book 2279, Page 1103; and as last assigned to CresCom Bank by instrument recorded in O. R. Book 3095, Page 1484, all of the Public Records of Indian River County, Florida. Real Property Released: Right of Way of Approximately 14,811 Square Feet or 0.34 Acres of the Property described below and as depicted on Exhibit "B": The North 50.00 feet of the South 80 feet of the West 8.99 acres of Tract 8, 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 Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25, said land now lying and being in Indian River County, Florida, LESS however the North 653 feet thereof. This Partial Release is not a satisfaction or release of the obligation secured by said instrument but is merely for the purpose of releasing the real property described above from the lien of the mortgage. Executed this d 0'14 day of September, 2019. CresC Bank By: y� �. --•. Its: zy4c.. V: c c tats :a'..' 4 STATE OF, COUNTY OF The foregoing instrument was acknowledged before me this 9 0 V-"1 day of September, 2019, by as c= L'P of CresCom Bank, who is personally -'known " to me or who has produced the following identification: My Commission Number: (Signature of Notary Public) My Commission Expires: t3'/ cr G' f� f� t 1) (Printed Name of Notary Public) ti VERONICAD.GILBHRT ti NOTARY PUBLIC t STATE OR SOUTH CAROLINA MY COMMISSION EXPIRES MARCH 08 2020 CLOSING AGREEMENT Seller(s): Eugene M. Eichelberger Buyer(s): Indian River County, a political subdivision of the State of Florida Closing Agent: Atlantic Coastal Land Title Company, LLC Property Location: 6700 65th Street, 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 Pagel of 2 File No.: 49084862 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. Eugene M. Eichelberger - Seller Date: Date: I Iver C my William K. DeBraal, its 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.: 49084862 Page 2 of 2 LIF INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Directo FROM: Monique Filipiak, Land Acquisition Speciali SUBJECT: Right -of -Way Acquisition - 661h Avenue Widening Project Owner: Eugene M. Eichelberger 6700 65th Street, Vero Beach, FL 32967 DATE: July 10, 2019 DESCRIPTION AND CONDITIONS Public Works is progressing with Right -of -Way acquisition forthe planned improvements of 66" Avenue between 49th Street - 691h Street. The proposed improvements include widening the existing two-lane roadway to a four lane divided roadway, traffic signals, bridge replacement, drainage improvements, grassed or landscaped median and sidewalks. Eugene M. Eichelberger owns a 4.39 acre parcel which is zoned A-1. To accommodate the future planned improvements on 66th Avenue, the County needs to acquire 0.34 acres of the parcel for right-of-way purposes and needs a 10 foot Temporary Construction Easement. The County obtained an appraisal of the property indicating a value of $12,500.00. Land Value Part Taking $ 8,500.00 Estimated Value of Improvements $4,000.00 Total Just Compensation $12,500.00 The County offered $12,500.00 for the 0.34 acres of right-of-way, and an additional $5,500.00 for the relocation offence, gate and other items. Mr. Eichelbergercounter-offered requesting $17,500.00 for the right-of-way. After several months of negotiations the County and the landowner agreed on $5,500.00 for the relocation of fence, gate etc. and $17,500.00 to purchase the right-of-way with a total purchase price of $23,000.00. FUNDING Funding for the ROW in the amount of $23,000.00 is budgeted and available in Account No. 10215241- 066120-07806, Traffic Impact Fees/District 2/ROW/66th Avenue (49th St - 69th St). RECOMMENDATION Staff recommends the Board approve the Purchase Agreement of $23,000.00 for the 0.34 acres of property located at 6700 65th Street, Vero Beach, FL 32967, and authorize the Chairman to execute the purchase agreement on behalf of the Board. ATTACHMENTS Purchase Agreement Temporary Construction Easement APPROVED AGENDA ITEM FOR: August 13 2019