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HomeMy WebLinkAbout2019-150REAL ESTATE EXCHANGE AGREEMENT Between INDIAN RIVER COUNTY AND BRIAN R. AND GAYLE P. WATSON This Real Estate Exchange Agreement (Agreement) entered into this 10th day of September , 2019 between Indian River County, a political subdivision of the State of Florida ("the County") 1801 27th Street, Vero Beach, Florida 32960; and Brian R. and Gayle P. Watson, husband and wife, 475 43rd Avenue SW, Vero Beach, Florida 32968 ("Watson"). WHEREAS, the County has future plans to widen and improve 43rd Avenue between Oslo Road and 4th Street that will require the utilization of part of the Watson property located on 43rd Avenue, Vero Beach, Florida; and WHEREAS, the County owns a parcel of land adjacent to the west of the Watson property (former Stump Dump) that runs parallel to 43rd Avenue; and WHEREAS, in order to mitigate the impact of the loss of property due to the future road expansion, the County has offered to exchange a portion of the Stump Dump property together with an easement for ingress/egress thereto in exchange for the needed Watson property; and WHEREAS, the County and the Watsons hereby agree to an exchange of portions of their respective properties; and WHEREAS, each party is indivisibly seized of their respective parcel of property and shall convey marketable title to their respective parcel by County or Warranty deed free of claims, liens, easements, and encumbrances, but subject to property taxes for the year of closing; and WHEREAS, this Exchange Agreement is subject to final approval by the Indian River County Board of County Commissioners (BCC) through the adoption of a Resolution. Such an exchange is allowed under Section 125.37, Florida Statutes. Notice is required to be published once a week for two weeks before consideration by the BCC. NOW THEREFORE, in consideration of the mutual terms, conditions, promises and covenants hereinafter, the Watson and the County agree as follows: 1. The above recitals are true and correct and incorporated by reference into this agreement. 2. The County hereby agrees to convey by County Deed to the Watsons a 0.15 acre (6,475 sq. ft.) parcel of property depicted on the sketch and legal description attached and incorporated by reference to this Agreement as Exhibit A. 3. The County also agrees to convey an exclusive 20' wide easement for ingress and egress off of 5th Street SW to the 0.15 acre property as depicted on the sketch and legal description attached and incorporated by reference to this Agreement as Exhibit B. 4. The Watsons hereby agree to convey to the County by Warranty Deed a 0.13 acre (5,710 sq. ft.) parcel of property depicted on the sketch and legal description attached and incorporated by reference to this Agreement'as Exhibit C. 5. Each party shall convey marketable title to their respective parcels by County or warranty deed free of claims, liens, easements, encumbrances and property taxes prorated for the year of closing. 6. If the Watsons are required to obtain a partial release of mortgage on the property they convey to the County, the County will agree that the partial release may be held in escrow until the closing. of this exchange. 7. The Watsons agree to provide evidence of property insurance covering the easement in the amount of $500,000.00 for Personal Liability together with naming the county as an additional interest and providing a certificate of said insurance to the County. 8. The Watsons shall remove any of their personal property from the property conveyed to the County prior to the date of Closing. 9. Each Party shall be responsible for preparation of its own Closing documents and each party shall hold any deed in escrow until the Closing Date. 10. The County shall pay the following expenses at Closing: The cost of recording the warranty deed from the Watsons. 11. The Watsons shall pay the following expenses at or prior to Closing: a. Any and all taxes prorated to the Closing date. b. All costs necessary to cure title defect(s) or encumbrances, other than the permitted exceptions, and c. All costs to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property conveyed to the County. d. All costs to record the Colony Deed and Ingress/Egress Easement. 12. In the event a dispute arises over this agreement, the Watsons and the County shall each pay their own attorneys' fees and costs. 13. This Agreement with its attachments constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral. IN WITNESS WHEREOF, the undersigned have executed this Exchange as of the date first set forth above. BRIAN R. AND GAYLE P. WATSON H AND AND WIFE i rian R. Watson Gayle P. #iatson Witne 191 -30M Witness: STATE OF FLORIDA COUNTY OF INDIAN RIVER Date Signed: 7 Date Signed: 7/ 5- The foregoing instrument was acknowledged before me this 54 -'-day of 2019, by Brian R. and Gayle P. Watson and who are personally known to me or pr duced as identification. SEAL: NOTARY PUBLIC z . 41dL- printed name: Commission No.: Commission Expiration: JOSEPHINE 0. AFRICK otary Public - State of FloridaCommission KM # uu^G 042322 Comm. Expires Oct 26, 2020nded through National Notary Assn. NOTARY PUBLIC z . 41dL- printed name: Commission No.: Commission Expiration: IN WITNESS WHEREOF, the undersigned have executed this Exchange as of the date first set forth above. INDIAN RIVER COUNTY BOARDo°����Y'co;ir,�;�ss OF COUNTY COMMISSIONERS *..` '/Olt'. 204 f�A.c Bob Solari, Chairman Date Signed: September 10, 2019+ ATTEST: JEFFREY R. SMITH CLERK TO THE BOARD AND COMPTROLLER n4 "14 021 :ab:• "I APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By. W"- ��u William K. DeBraal Deputy County Attorney Sketch and Legal Description, for: INDIAN RIVER COUNTY Legal Description Being a Parcel of land lying in Tract 8, Section 21, Township 33 South, Range 39 Fast, According to the Last General Plat of Lands of the Indian River Farms Company Subdivision, as recorded in Plat Book 2, Page 25, Public Records of St. Lucie County, Florida, now lying and being in Indian River County, Florida; Said Parcel being the East 60.0 feet of the North 107.91 feet of the South 368.11 feet of the following described Lands to wit: X West 10 acres of the hast 20.54 acres of Tract 8, Section 21, Township 33 South, Range 39 East, according to the Last General Plat of Indian River Farms Company, filed in the Office of the Clerk of the Circuit, St. Lucie County, Florida, now lying and being in Indian River County, Florida. LESS AND EXCEPT The East 60 feet of the North 17020 feet of the South 260.20 feet of the West 10 acres of the East 20.54 acres of Tract 8, Section 21, Township 33 South, Range 39 East, according to the last General Plat of Lands of the Indian River Farms Company recorded In Plat Book 2, Page 25 of the Public Records of DSt. Lucie County, Florida. ALSO LESS AND EXCEPT w The North 60 feet of the South 90 feet thereof for additional 5th Street S.W. Right of Way. The East line of the herein described Parcel is intended to be coincident with those lands as described Offroiai Record Book 1787, Page 1248, Surveyor's Notts 1). This Sketch and Legal Description was prepared with the benefit of a Boundary Survey prepared by Indian River County Public Works Department, Job No. 1846, Dated September 18, 2018. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded In Plat Book 2, Page 25, Public Records of SL Lucie (now Indian River County), Florida. 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. Legend and Abbreviations D.B. = DEED BOOK I.R.F.w.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) =PLAT P.B. = PLAT BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE © -DELTA ANGLE SQ. FT. = SQUARE FEE=T . R = RANQE RNU = RIGHT-OF-WAY T = TOWNSHIP T.I.I.F. = TRUSTEES OF THE INTERNAL IMPROVEMENT FUND TR8 = TRU$TErz$ This is not a Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HERESY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE STATUTES. DATE OF SIGNATURE A�it!NIUY'. INDIAN RIVER COMM% AL 9/19/18 NIA > OF 2 DAVID M_ SILON PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 6139 Sketch 8I7d Legal Descriatlon far.- INDIA N RI VE 7R C04 YN rY (5th'qf1.0&t' : W') Sketch and Legal Description for: INDIAN RIVER COUNTY NORTH UNE TRACT 8- N<�. ! RF W.QD. SOUTH RELIEF CANAL. EAST UNE OF THE WEST 10 ACRES OF THE FAST 20.54 ACM OF TRACT WEST 10 ACRES ----------------------------------------- EAST UNE OF D.B. 61. PG, NOT TO SCALE --- ® t zo ' r k r r i s , t C f � r t i k z a� tiA!fMPROVf.� i i 33--39-21-00001-OOBO-000020 r : N INDIAN RIVER COUNTY as r STE ADDRESS: 5th STRM S.W. i D B. 61, P. 119 r T , k 1 t 1 i t , t 1 t tt��3 t 1 4 1 4 r t l t ; r y c4�it zi i t k t � k i 1 � I 1 r 1 I � i I i k � � i COSTING RIDHT--OF WAY UNE k S b ' j k 1 t t r stn sTRErr -,,w. SOiJTtI LINE NORTHEAST ONE QUARTER 21-33-39AND SOUTH LINE TRACT 8 This is not a Bou UNE OF THE EAST ACRES OF TRACT 8 —O.R.B. 1'787, P0. 1248 Ovw 33-39-21-00001-0080-00004,2 BRIAN AND GAYLE WATSON SITE ADDRESS 475 43RD AW- O.R.S. 1787, PO. 1248 (0.75 ACRES, MORE OR LESS) MALD BECHTOLD SITE ADDRESS: 4350 5th ST, S.W. Q.R.B. 1383, M 2841 & MS. 979. PG. 45 AGLNCY: INDIAN RIVER COMM �°; f� PUBLIC �WORAT REPT f,E- 191iYE�"!PIM ,0II/. 18 4 2 OF 2 Sketch arwd Legal Desaiptlm for INDIAN RIVER C04IN77Y (5th Street 6, W.) Sketch and Legal Description for:INDIAN RIVER COUNTY Legal Descdption (Ingress -Egress Easement) Being a Parcel of land lying in Tract 8, Section 21, Township 33 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 25, Public Records of St. Lucie County, Florida, now lying and being in Indian River County, Florida; Said Parcel being the West 20.0 feet ofthe East -80.0 feet of -the North 278.11 feet of the South 368.11 feet of the following described Lands to wit: West 10 acres of the East 20.54 acres. of Tract -8, Section 21, Township 33 South, Range 39 East, according to the Last General Plat of Indian River Farms Company, filed in the Offtce of the Clerk of the Circuit, St. Lucie County, Florida, now lying and being in Indian River County, Florida. r; The East line of the herein described Parcel is intended to be coincident with those lands as described Official Record Book 1787, Page 1248. Surveyor's Notes 1). This Sketch and Legal Description was prepared•with fhb benefit of a Boundary Survey prepared by Indian River County Public Works Department, Job No, 1846. Dated October 30, 2018. Together with the Last General Plat of the Lands of the Indian Ryer Farms Company Subdivision, Recorded in Plat Book 2, Page 26, Public Records of SL Lucie (now Indian River County), Florida. 2).Th% legal description shall not be valid unless: ?1 V, (a) Provided In its entirety consisting of 2 sheets ; with sheet 2 showing the sketch of the description. .� (b) Reproductions of the description and sketch are not valid unless signed and sealed with-( an embossed surveyor's seal. Legend and Abbreviations D.B. = DEED BOOK I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) =PLAT P.B. = PLAT BOOK PGE -PAGE PBS = PLAT BOOK ST. LUCIE A =DELTA ANGLE SO. FT. = SQUARE FEET R =RANGE R/W = RIGHT-OF-WAY T =TOWNSHIP T.I.I.F. =TRUSTEES OF THE INTERNAL IMPROVEMENTFUND TRS = TRUSTEES This is not a Certification �40RI9P (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) 1 HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROPES$ION?%LBiARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA.ADMINISTRA i IVE CODEi PURSUANT TO SECTION 472.027 FLORIDA STATE S UTES. • . P-lb-Zal s M^ DATE OF SIGNATURE pAV1D M. SI ON PROFESSIONAL SQRWYOR.AND MAPPER FLORIDA CERTIFICATE NO. 6139 AUtNUT: /ND/AN RIVER COI�fVTY, FL ; PISM WORKS DEPT./£NG/NEER/NG 0/1! Sketch and L egra/Da,5CM im DATE: DRAWN BY: - 9 R. /NGL£TT fol SCALE: N/A APPROVED BY: O SIL 01V /NDIANR/VER COUNTY SHEET: / OF 2 OB NO: 1R.4' (5t17 Street S. W. j Sketch and Legal Description for: INDIAN RIVER COUNTY T NORTH UNE TRACT B ^•�. I.R.F.W.CD. SOUTH RELIEF CANAL i . ' EAST UNE OF THE WEST 10 ACRES OF THE EAST 20.54 ACRES OF TRACT WEST 10 ACRES EAST UNE OF D.9_ 61, PO. 119— NOT TO $CALE ____ : t , 1 1 t 1 1 � 1 , PROPOSED WEST PROPERTY 1 UNE FOR ADDRESS: 475 43rd AVENUE 1 ' 1 ' t ' 1 ' t t UNE OF THE EAST ACRES OF TRACT 8 WEST UNE OF 1787. PG. 1248 IMPROVED 33-39-21-00001--0080-00004.2 BRIAN AND GAVLE WATSON SITE ADORESS 475 43RD AVE. O.R.B. 1787, PG. 1248 (0.75 ACRES, MORE OR LESS) i SITE ADDRESS•. 4350 5th ST. S.W. T 20' O.R.B. 1383, PG. 2841 & O.R.B. 979, PG. 45 + . 1 ' � t 1 1 1 ' 1 1 � O'INGRESS/EGRESS EASEMENT ' 5661- SQ. FT. 0.13 ACRE* ' 1 1 � ' t 1 � 4 t 1 ` e � 1 , Ex1STING RICHT-OF WAY UNE i 1 � 1 — 'T — 1 ' � Stn STREET S, W. SOUTH UNE NORTHEAST ONE QUARTER 21-33-39 D SOUTH UNE TRACT 8 This is not a Boundary Survey AGENCY: LN©L,4N RIYER COUNTY, FL PUBLIC WORKS - DEPT./ENGINEER/NG D/1! DATE: 11116118 1 / 16 �18 DRAWN BY: . R. /NGL£TT SCALE: APPROVED BY: N/A ,o:SIL oN SHEET: JOB NO: 2 OF 2 1846 Sketch 817d Lege7l Description fo/.r INDIAN RIVER COUNTY f5t17 Streets. IBJ. j UNIMPROVED { ' 1 0 33-39-21-00001-0080—ODOO2.0 'RIVER 1 ' t C-4 INDIAN COUNTY 1 m SITE ADDRESS, 5th STREET S.W. 1 D.B. 61. PG. 119 i �1----- W z � • ' 1 �i EAST 8ti Z1 ' 1 1 1 t 1 33-3 UNE OF THE EAST ACRES OF TRACT 8 WEST UNE OF 1787. PG. 1248 IMPROVED 33-39-21-00001--0080-00004.2 BRIAN AND GAVLE WATSON SITE ADORESS 475 43RD AVE. O.R.B. 1787, PG. 1248 (0.75 ACRES, MORE OR LESS) i SITE ADDRESS•. 4350 5th ST. S.W. T 20' O.R.B. 1383, PG. 2841 & O.R.B. 979, PG. 45 + . 1 ' � t 1 1 1 ' 1 1 � O'INGRESS/EGRESS EASEMENT ' 5661- SQ. FT. 0.13 ACRE* ' 1 1 � ' t 1 � 4 t 1 ` e � 1 , Ex1STING RICHT-OF WAY UNE i 1 � 1 — 'T — 1 ' � Stn STREET S, W. SOUTH UNE NORTHEAST ONE QUARTER 21-33-39 D SOUTH UNE TRACT 8 This is not a Boundary Survey AGENCY: LN©L,4N RIYER COUNTY, FL PUBLIC WORKS - DEPT./ENGINEER/NG D/1! DATE: 11116118 1 / 16 �18 DRAWN BY: . R. /NGL£TT SCALE: APPROVED BY: N/A ,o:SIL oN SHEET: JOB NO: 2 OF 2 1846 Sketch 817d Lege7l Description fo/.r INDIAN RIVER COUNTY f5t17 Streets. IBJ. j Sketch and Legal Description for:lNDIAN RIVER COUNTY Legal Description (Right-of-way Acquisition) Being a Parcel of land lying in Tract 8, Section 21, Township 33 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, Gage 25, Public Records of St. Lucie County, Florida, now lying and being in Indian River County, Florida; Said Marcel being the East 56.0 feet of the following described Lands to wit: PARCEL 1: The South One Half of the South One Half of the North 407.81 feet of the South 5.54 acres of the East 10.54 acres of Tract 8, Section 21, Township 33 South, Range $9 East according to the Last General Plat of Lands of the Indian River Farms Company Subdivision, as recorded in Plat Book 2, Page 25, of the Public Records of St. Lucie County; Florida; now lying and being in Indian River County, Florida; LESS AND EXCEPT That portion lying within 43rd Avenue (Clemens Avenue) and less the North 25 feet thereof. PARCEL 2: The North 25 feet of the following described property: The South 5.54 acres of the east 10.54 acres of Tract 8, Section 21, Township 33 South, Range 39 East, less Canal and less the North 407.81 feet, according to the Last General Plat of Lands of the Indian River Farms Company Subdivision, as recorded in Plat Book 2, Page 25, of the Public Records of St. Lucie County, Florida; now lying and being in Indian River County, Florida. Surveyor's Notes 1 }. This Sketch and Legal Description was prepared with the benefit of a Boundary Survey prepared by Indian River County Public Works Department, Job No. 1846, Dated September 16, 2018. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded In Plat Book 2, Page 25, Public Records of St. Lucie (now Indian River County), Florida. 2).Thls legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets, with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PLAT BOOK PGE = PAGE Pas = PIAT BOOK ST. LUCIE A =DELTA ANGLE SQ. FT. = SQUARE FEET R = RANGE RNV = RIGHT-OF-WAY T = TOWNSHIP T.M.F. = TRUSTEES OF THE INTERNAL IMPROVEMENT FUND TRS =TRUSTEES This is not a Bou �� 0 Cer0cation (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 6J-17.052 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE STATUTES. DATE OF SIGNATURE (AGENCY: INA91AS MYER COUNTY; FL PUNIC WOWS X-PT.IMMA ERNG J91>Y s/'9/» VIA �1©F2 DAVID M. SILON PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 6139 Sketch and LegalD49scrpt1017 for INDIAN RlfVfR COUNT' (4754.31"dAverve) Sketch and Legal Description for.- INDIAN RIVER COUNTY SOUTH UNE OF TME NORTH 5.00 ACRES OF THE EAST 10.54 ACRES TRACT 8 NORTH UNE�THI SOUTH 5, ACRES OF THE EAST iO.54 ACRES TRACT 8 �' t 8Y i -WEST UNE OF TWE EAST � 10.54 ACRES OF TRACT 8 t + NORTH UNE OF THE SOUTH ONE HALF a OF E SOUTH ONE HALF LESS t NORTH 25' i O.R.B. 1787 . PQ 1249 t _ ca i !A!F'IiOVEU t + gt 33-39-21-00007-0080—OOD0.2 t � +_ BRIAN AND GA11.E WATSON j SRE ADDRESS: 476 43RD AVE + , O.R.H. ES, RE OR L t + (0.75 ACRES, M(� OR LESS) ' O�OOQOR.# o SOUTH UNE OF THE NORTH 407.81' OF THE SOUTH 5.64 ACRES OF THE EAST 10.54 ACRES i NORTIi 25' ! i O.R.B. 1787 + PO. 1248 i i + + t VAGANT 33-39-21-•ODOpt-0080 T. S:W. �-1 iMPROM 00001-0080-0000 SITE ADDRRE$&- 4350 5M S O.R.B. 1393. PG 284 --005.0 GERAW BEOWTOLD 317E ADDRESS: 485 43RD AVE. O.R.B. 2144,, Pr;. is53 O i NOT TO SCALE + + + ._SOUTH UNE NORTHEAST ONE QUARTER 21-33-38 AND SOUTH UNH 5th STRUT S. t4i This is not a Boundary Survey AGENCY: INDIAN RIDER` COMM FL PURL /C WOR, KS ,OfPT./fMINZRIM9 ,0/V 9/19118 ...., . � .. R. NIA APPROVE© BY: ©R NO: 2 OF Z 81' P6 2s PC 25 oCLs �b � IN v Ui 2w 25. ' B.S 2. P.B.S. PC 25 PO : LB, 1395, PC 698 194 1C A 100' Sketch and'LegalDescriptivn f©r,- INDIAN RIVER COUNTY (47543rdAmem ue) UR �-1 59' LB, 1395, PC 698 194 1C A 100' Sketch and'LegalDescriptivn f©r,- INDIAN RIVER COUNTY (47543rdAmem ue) Prepared by: Office of County Attorney Indian River County 1801 27th Street Vero Beach, FL 32960 772-226-1425 COUNTY DEED INDIAN RIVER COUNTY, FLORIDA THIS DEED, made this 24 day of March, 2020, 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 BRIAN WATSON AND GAYLE WATSON, husband and wife, party of the second part, whose mailing address is 475 43rd Avenue SW, Vero Beach, Florida 32968. WITNESSETH that the said party of the first part, for and in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the party of the second part, its successors and assigns forever, the following described property in "as is, where is" condition, with no warranties express or implied, lying and being in Indian River County, Florida: See Exhibit "A" attached and incorporated herein 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. INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners ".••o.,�Mlssr�` ••, Attest: Jeffrey R. Smith, Clerk of //;Court and Comptroller By: By: Deputy Clerk Approved as to form and Legal Sufficiency: dw'_K, a4z - William K. DeBraal Deputy County Attorney n Adams, Chairman BCC approved: September 10, 2019 (Official Seal) STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE O GINAL ON FILE IN THIS OFFI E J R.T C K BY,� DATE J� This document was prepared by: Indian River County Attorney's Office 1801 27th Street Vero Beach, FL 32960 (772) 226-1425 ACCESS EASEMENT THIS GRANT OF EASEMENT, made and executed this 24 day of March, 2020, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, having a mailing address of 1801 27th Street, Vero Beach, Florida, 32960, hereinafter called GRANTOR and BRIAN WATSON AND GAYLE WATSON, husband and wife, whose mailing address is 475 43rd Avenue SW, Vero Beach, Florida 32968, hereinafter called GRANTEE. WITNESSETH: That GRANTOR for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration, receipt of which is hereby acknowledged by these presents does grant, bargain, sell, alien, remise, release, convey, and confirm unto the GRANTEE, a perpetual easement for ingress, egress over, across, and beneath the following described land, situate in Indian River County, Florida, with the maintenance responsibility being the responsibility of Grantee, to -wit: See Exhibit "A" attached hereto. And GRANTOR hereby covenants with said GRANTEE that the GRANTOR is lawfully seized of said servient land in fee simple, and that the GRANTOR has good right and lawful authority to convey the easement established hereby and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and seal the day and year first above written. BOARD OF COUNTY COMM .SSI INDIAN21VER COUNT LO BY: , v i�-t- Su$an Adqms, Chairman �y �ijh1Ml33 0�•. LR��FR COU��� Date BCC Approved: Sepr_Pmber I n, gni 9 Approved: Attest: Jeffrey R. Smith, Clerk of Court And Comptroller By. , Deputy Clerk Approved as to form and legal sufficiency By � Jason E.ow County A min* trator William K. DeBraal Deputy County Atto INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORI NAL ON FILE IN THIS BY n / F E 5 I . C (�i(x BY D.C. DATE Prepared by and return to: Rssemary Vigliano Atlantic Coastal Land Title Company, LLC 855 21st Street Suite C Vero Beach, FL 32960 (772)569-4364 File No 2020-5188 3120200019931 RECORDED IN PUBLIC RECORDS JEFFREY R SMITHECCLERK OF COURT OF INDIAN RIVER COUNTY FL BK: 3291 PG: 159 Page 1 of 4 4/7/2020 9:35 AM D DOCTAX PD $0.70 [Space Above This Line For Recording WARRANTY DEED (STATUTORY FORM — SECTION 689.02, F.S.) This indenture made the 26th day of March, 2020 between Brian R. Watson and Gayle P. Watson, husband and wife, whose post office address is 475 43rd Avenue Southwest, Vero Beach, FL 32968, of the County of Indian River, State of Florida, Grantors, to Indian River County, a political subdivision of the State of Florida, whose post office address is 1801 27th Street, Vero Beach, FL 32960 Grantee: Witnesseth, that said Grantors, for and in consideration of the sum of TEN DOLLARS (U.S.$10.00) and other good and valuable considerations to said Grantors in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Indian River, Florida, to -wit: SEE ATTACHED f°EXHIBIT A" Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. Subject to taxes for 2020 and subsequent years, not yet due and payable; covenants, restrictions, easements, reservations and limitations of record, if any. TO HAVE AND TO HOLD the same in fee simple forever. And Grantors hereby covenant with the Grantee that the Grantors are lawfully seized of said land in fee simple, that Grantors have good right and lawful authority to sell and convey said land and that the Grantors hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. Warranty Deed File No.: 2020-5188 Page 1 of 2 In Witness Whereof, Grantors have hereunto set Grantors' hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Wi %1: STATE OF FLORIDA COUNTY OF INDIAN RIVER 2 Brian R. Watson �" P, OZ6� ayle P. Vfatson The foregoing instrument was acknowledged before me by means of physical presence or () online notarization this 26th day of March, 2020, by Brian R Watson and Gayle P Watson. Signature of Notary Public Print, Type/Stamp Name of Notary Personally Known: OR Produced Identification: Type of Identification Produced: 1�r'�y,,�s BRENDA V. KEE 1 Notary Public - Stats of Florida • s Commsfioa N all 01750 My Comm. Expires AV$ 7.20@0 froaa�a teroupe. wooer-twr Aait Warranty Deed File No.: 2020-5188 Page 2 of 2 Sketch and Legal Description $Or:INDIAN RIVER COUNTY Legal Description (Right-of-way Acquisition) Being a Parcel of land lying in Tract 8, Section 21, Township 33 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 25, Public Records of St. Lucie County, Florida, now lying and being in Indian River County, Florida; Said Parcel being the East 56.0 feet of the following described Lands to wit: PARCEL 1: The South One Half of the South One Half of the North 407.81 feet of the South 5.54 acres of the East 10.54 acres of Tract 8, Section 21, Township 33 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 25, of the Public Records of St. Lucie County, Florida; now lying and being in Indian River County, Florida; LESS AND EXCEPT That portion lying within 43rd Avenue (Clemens Avenue) and less the North 25 feet thereof. PARCEL 2: The North 25 feet of the following described property: The South 5.54 acres of the east 10.54 acres of Tract 8, Section 21, Township 33 South, Range 39 East, less Canal and less the North 407.81 feet, according to the Last General Plat of Lands of the Indian River Farms Company Subdivision, as recorded in Plat Book 2, Page 25, of the Public Records of St. Lucie County, Florida; now lying and being in Indian River County, Florida. Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Boundary Survey prepared by Indian River County Public Works Department, Job No. 1846, Dated September 18, 2C18. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St. Lucie (now Indian River County), Florida. 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS = RIGHT-OF-WAY WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PLAT BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE A =DELTA ANGLE SQ. FT. = SQUARE FEET R = RANGE RNV = RIGHT-OF-WAY T = TOWNSHIP T.I.I.F. = TRUSTEES OF THE INTERNAL IMPROVEMENT FUND TRS =TRUSTEES This is not a ��OR1 P Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY' SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF jtj..RIQy1 4PGE AOD BELIEF. iia I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPT`IOW,,Jut EI vUlts RD7iS,0 + PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDl PROFF-' IIr OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FIQRIDA;�'i1VIINISTRA ,1JDE, PURSUANT TO SECTION 472.027 FLORIDA STATE ST,A E�,�� rir '7 �� .• c02U '� Y DATE OF SIGNATURE DAVJQ.�A. AGtN(;T: SND/AN RIVER COUNTY, FL PIANX WORKS DEPT./ENG/NEENNO MY. I DATE: 9/19/18 I DRAWN BY: R. /NGL£TT I N/A 1 OF 2 Sketch and L ega%Description for INDIAN RIVER COUNTY (475 43rof A venue) Sketch and Legal Description for: INDIAN RIVER COUNTY SOUTH UNE OF THE NORTH 5.00 ACRES OF THE EAST 10.54 ACRES TRACT 8 NORTH LINE OF THE SOUTH 5.54 ACRES OF THE EAST 10.54 ACRES TRACT 8 -WEST UNE OF THE EAST 10.54 ACRES OF TRACT 8 i NORTH UNE OF THE SOUTH ONE HALF OF THE SOUTH ONE HALF T—� LESS ' NORTH 25' i i NORTH 25' i O.R.B. 1787 PG. 1248 i i i ad` �• a� 1 m i i 33-39-21-00001-0080-00005.1 GERALD BECHTOLD ' SITE ADDRESS: 4350 5th ST. S.W. O.R.B. 1383, PG. 2841 ! ao i IMPROVED gi 33-39-21-00001-0080-00004.2 i BRIAN AND GAYLE WATSON SITE ADDRESS: 475 43RD AVE. A O.R.B. 1787, PG. 1248 zz ii (0.75 ACRES, MORE OR LESS) O SOUTH LINE OF THE NORTH 407.81' ! OF THE SOUTH 5.54 ACRES OF VACANT 33-39-21-00001-0080-00005.0 GERALD BECHTOLD SITE ADDRESS: 485 43RD AVE. O.R.B. 2144, PG. 1553 81' ------ 81-- rn zz I I D 25' 25' c z .B.S P.B.S. m PG 25 I PG 25 A v I # m 0 zy � I,N v N a 25' 25' .B.S P.B.S. PG 25 PG 25 NOT TO SCALE _ SOUTH LINE NORTHEAST ONE QUARTER 21-33-39 AND SOUTH LINE TRACT 8 r 5th STREET SW This is not a Boundary Survey AGENCY: INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT./ENG/NEER/NG O/V DATE: DRAWN BY: 9/19/18 R. /N6L£7T SCALE: APPROVED BY: N/A D.SIL ON SHEET: 2 OF 2 OB N0: 1846 50' 4 IS3 9 I m5g A wo O N � O I m 1 IN a 56' a O.R.B. 1395, a PG 698 NOT TO SCALE _ SOUTH LINE NORTHEAST ONE QUARTER 21-33-39 AND SOUTH LINE TRACT 8 r 5th STREET SW This is not a Boundary Survey AGENCY: INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT./ENG/NEER/NG O/V DATE: DRAWN BY: 9/19/18 R. /N6L£7T SCALE: APPROVED BY: N/A D.SIL ON SHEET: 2 OF 2 OB N0: 1846 50' 4 IS3 9 I (C C 9 I Im 1 I> a I� Iz m --- 100' --------------- Sketch and L ega/Descriotior7 for.• /ND/AN RIVER COUNTY (475 431 -dA venue) OWNER'S POLICY OF TITLE INSURANCE (with Florida Modifications) Policy Number OXFL-08869331 File Number: 2020-5188 ** * ** Issued by Old Republic National Title Insurance Company * * Any notice of claim and any other notice or statement in writing required to be given to the * * Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. * * * * COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Florida corporation (the "Company') insures, as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 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) onveyance;(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. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. In Witness Whereof, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory of the Company. Policy Issuer: Countersigned: ATLANTIC COASTAL LAND TITLE COMPANY, LLC 855 21ST STREET, STE C OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY CENTERSTATE BANK BLDG, 2ND FLR an Com VERO BEACH, FL 32960 A StockCompany PHONE: (772) 569-4364 400 Second Avenue South, Minneapolis, Minnesota 55401 16171.771-1111 Authorized Officer or Licensed Agent ORT Form 4309 FL ALTA Owners Policy of Title Insurance 6-17-06 (with Florida Modifications) By / ' President Attest Secretary 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; ORT Form 4309 FL ALTA Owners Policy of Title Insurance 6-17-06 (with Florida Modifications) (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. Page 2 CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity: (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (Al, (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), 'Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to ORT Form 4309 FL ALTA Owners Policy of Title Insurance 6-17.06 (with Florida Modifications) purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. Page 3 CONDITIONS (con't) 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable I udgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or contin- ue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this ORT Form 4309 FL ALTA Owners Policy of Title Insurance 6-17-06 (with Florida Modifications) policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (bl If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. Page 4 CONDITIONS (con't) 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Unless prohibited by applicable law, arbitration pursuant tothe Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the Insured at the time of a controversy or claim. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the Land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. ORT Form 4309 FL ALTA Owners Policy of Title Insurance 6-17-06 (with Florida Modifications 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim whether or not based on negligence shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to deter- mine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at 400 Second Avenue South, Minneapolis, Minnesota 55401-2499, Phone: 612-371-1111. Page 5 Schedule A * * * OWNER'S POLICY Issued by Old Republic National Title Insurance Company 400 Second Avenue South ** Minneapolis, MN 55401-2499 (612) 371-1111 File No.: 2020-5188 Policy No.: OXFL-08869331 Address Reference: 43rd Avenue, Vero Beach, FL 32968 Amount of Insurance: $10,000.00 Premium: $100.00 Date of Policy: April 7, 2020 at 9:35 AM 1. Name of Insured: Indian River County, a political subdivision of the State of Florida 2. The estate or interest in the Land that is insured by this policy is: fee simple 3. Title is vested in: Indian River County, a political subdivision of the State of Florida 4. The Land referred to in this policy is described as follows: The Land is described as set forth in Exhibit A attached hereto and made part hereof. Atlantic Coastal LandTitle Company, LLC Rosemary Vigliano D09322 Authorized Signatory ORT Form 4309 FL A schedule A for ALTA Owners Policy of Title Insurance 6-17-06 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stt-+r CwtWny 400 SecoMAvw73ta South, Mih fds� Wwsota 55401 f617) 371-1111 Vit,, .� t.�'� Presidant 4 utast err Wy File No.: 2020-5188 Schedule B OWNER'S POLICY EXCEPTIONS FROM COVERAGE Policy No.: OXFL-08869331 1. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Facts which would be disclosed by an accurate and comprehensive survey of the premises herein described. 3. Rights or claims of parties in possession. 4. Construction, Mechanic's, Contractors' or Materialmen's lien claims, if any, where no notice thereof appears of record. 5. Easements or claims of easements not shown by the public records. 6. General or special taxes and assessments required to be paid in the year 2020 and subsequent years. 7. Restrictions, conditions, reservations, easements, canals, ditches, dedications and other matters contained on the plat of Indian River Farms Company, as recorded in Plat Book 2, Page 25, Public Records of of St. Lucie (now Indian River) County, Florida. 8. Reserving unto the State of Florida the title to an undivided one-half of all petroleum and petroleum products, and title to an undivided three-fourths of all other minerals which may be found on or under the said land, together with the right to explore for and to mine and development the same as contained in Deed recorded in Deed Book 35, Page 406, of the Public Records of Indian River County, Florida. NOTE: The right of entry and exploration running with the above reservation of an interest in phosphate, minerals, metals, and/or petroleum has been released by Florida Statute 270.11(2). 9. Terms and conditions contained in Right of Way Contract recorded in Deed Book 61, Page 107, Public Records of Indian River County, Florida. 10. Restrictions and reservations contained in Deeds recorded in Deed Book 39, Page 206 and in Deed Book 56, Page 141, Public Records of Indian River County, Florida. 11. Easement to Bellsouth Telecommunications, Inc., a Georgia corporation d/b/a AT&T Florida recorded in O.R. Book 2284, Page 1135, Public Records of Indian River County, Florida. (as to Easement parcel) 12. Any inaccuracy in the area, square footage, or acreage of land described in Schedule A or attached plat, if any. The Company does not insure the area, square footage, or acreage of the land. 13. Lands lie within various county special assessment districts and municipal taxing districts and are subject to liens for any unpaid special assessments by virtue of the ordinances and resolutions creating these districts. ORT Form 4309 FL B Schedule B for ALTA Owners Policy of Title Insurance 6-17-06 14. Any lien provided by County Ordinance or by Ch. 159, F.S., in favor of any city, town, village or port authority, for unpaid service charges for services by any water systems, sewer systems or gas systems serving the land described herein; and any lien for waste fees in favor of any county or municipality. 15. Restrictions and reservations contained in Deed recorded in Deed Book 39, Page 206 and in Deed Book 56, Page 141, Public Records of Indian River County, Florida. ORT Fonn 4309 FL B Schedule B for ALTA Owners Policy of Title Insurance 6-17-06 2006 ALTA Owner's Policy Exhibit A Legal Description File No.: 2020-5188 Policy No.: OXFLA869331 Being a Parcel of land lying in Tract 8, Section 21, Township 33 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 25, Public Records of St Lucie County, Florida, now lying and being in Indian River County, Florida; Said Parcel being the East 56.0 feet of the following described Lands to wit PARCEL 1: The South One Half of the South One Half of the North 407.81 feet of the South 5.54 acres of the East 10.54 acres of Tract 8, Section 21, Township 33 South, Range 89 East according to the Last General Plat of Lands of the Indian River Farms Company Subdivision, as recorded in Plat Book 2, Page 25, of the Public Records of St. Lucie County, Florida; now lying and being in Indian River County, Florida; LESS AND EXCEPT That portion lying within 43rd Avenue (Clemens Avenue). ALSO LESS the North 25 feet thereof. PARCEL2: The North 25 feet of the following described property: The South 5.54 acres of the East 10.54 acres of Tract 8, Section 21, Township 33 South, Range 39 East, less Canal and less the North 407.81 feet, according to the Last General Plat of Lands of the Indian River Farms Company Subdivision, as recorded in Plat Book 2, Page 25, of the Public Records of St. Lucie County, Florida; now lying and being in Indian River County, Florida. LESS AND EXCEPT That portion lying within 43rd Avenue (Clemens Avenue). ORT Form 4309 FL Exhibit Afor ALTA Owners Policy of Tilde Insurance 617-06 ATLANTIC COASTAL LAND TITLE COMPANY, LLC 855 211 St., Suite C, Vero Beach, FL 32960 772-5694364; (fax) 772-569-8688 INVOICE To: Indian River County 1801 27th Street Vero Beach, Florida 32960 Date: March 25, 2020 ACLT File Number: 49084895 Customer's Ref: Real Fstate Exchange Agreement with Brian and Gayle Watson Title Insurance Premiums ($10,000.00 Owner's Title Policy $ 100.00 Policy Endorsement Fee Cancellation Fee Digital Archive/File Scanning Fee Special Service/Search Fee to Old Republic National Title $ 85.00 Closing/Signing Fee Copy Cost Recording Fees (Warranty Deed from the Watsons) $ 36.20 Postage/Express Service Fee Total Amount Due Tlasanimice for services, and is DUE UPON RECEIPT. The Company does not allow any abatement or forgiveness of charges in the event ofc=eJhimlfo*cirnefforts become necessary, the Company shall be entitled to reasonable attorney's fees and costs. The Company's liability fachinscpmhis product shall be reduced by the amount of any outstanding invoices owed to the Company by the customer. Reliance upon the product to which this invoice is attached shall constitute acceptance by the customer of the terms hereof.