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2020-024
INDIAN RIVER COUNTY (hereafter Petitioner) VS. BANACK FAMILY LIMITED PARTNERSHIP (hereafter Defendant) PRE -SUIT MEDIATION SETTLEMENT AGREEMENT The above named Petitioner and Defendant have reached the following agreements in full and complete resolution of the above styled pre -suit claim, which arises out of an eminent domain claim by the Petitioner against the property owned by the Defendants and located at 6580 61st, Vero Beach FL 32967, (Hereafter "Parcels 301 and 302") the legal description of which is included on exhibit A: 1. Within 20 days of the County Commission approving this Agreement as described herein, the Petitioner agrees to do the following: a. The Petitioner will pay to the Defendant the total sum of $110,000.00 (One Hundred Ten Thousand Dollars); and b. The Petitioner will pay the Defendant $20,955.00 (Twenty Thousand Nine Hundred Fifty Five Dollars) in attorney's fees, including any non -monetary claims for fees; and c. The Petitioner will pay Defendant $2500.00 (Two Thousand Five Hundred Dollars) in reimbursement for Defendant costs. 2. Within 20 days of the County Commission approving this Agreement as described herein, the Defendant agree to do the following: a. The Defendants will convey to the Petitioner clear title to the real property described as the "Right of Way Parcel" on Exhibit A. (Parcel 301 containing 1.47 acres +/- and Parcel 302 containing 0.58 acres 3. The Petitioner agrees to construct two 24' wide driveways, with a 35' radius from 61st St. onto Parcel 301 or 302 during the planned 66th Avenue roadway widening project. The location of these driveways will be at Defendant's option, but the selection of location must be made within six months of this Agreement. The driveway locations must be at least 330' from 66th Ave right of way. The driveways will be surfaced with asphalt or concrete at Defendants option. 4. The Defendant will grant to Petitioner a temporary construction easement as shown on Exhibit A for the duration of the 66th Ave roadway widening project. 5. The Defendant will grant Petitioner a permanent access easement of approximately 2500 square feet as shown on Exhibit A. 6. This Agreement is contingent on the Petitioner's determination that the flow well is either not located on Parcel 301 or is not located on the access easement or can remain undisturbed and useable by Defendant following the land transaction described herein. 7. The parties agree that the Defendant will be able to sub divide the remainder property which is the subject of this Agreement into twelve 200,000 square foot lots. 8. This entire Agreement is subject to and contingent upon approval by the Indian River County Board of County Commissioners (Hereafter the Board). The Petitioner will put this Agreement on the agenda for the next available Board meeting and the County Staff will recommend Board approval of this Agreement. If the Board fails to approve this Agreement, then this entire Agreement is void. 6. Except as stated herein, all parties to this agreement further agree to bear their own costs and fees. 7. The Petitioner will pay the entire cost of the mediation. 8. This agreement is final and binding as of the date and time it is signed by or on behalf of the parties. 9. Other agreements: None Done and agreed to on this 24th day of November, 2019 in Vero Beach, Florida. ILLIAM K. DEBRAAL, ESQUIRE Indian River County Attorney Banack Family LP, Defendant By: General Partner Nicholas Dancaescu, ESQUIRE Attorney for Defendant INDIAN RIVER COUNTY vs. BANACK FAMILY LIMITED PARTNERSHIP The Board of County Commissioners of Indian River County hereby approves the within Pre - Suit Mediation Settlement Agreement. °`iAY 60A'' INDIAN RIVER COUNTY '• �° By: L Susan ams, Chairman '•�% o County Commissioners Date of BCC approval: 2/11/20 ATTEST: JEFFREY R. SMITH, CLERK OF COURT AN COMPTROLLER By: 0 Deputy Clerk Approved as to form4-Z�7 iency: By: William K. 15eBraal Deputy County Attorney By: Jason E. Arowh, County Administrator i ISI D D 00A I I N z O Ln\O o O � —I pOj CP I N_O o o m, < o_ rn p0 \ D I o i m -o r 245 A m 250 255 66TH. AVENUE_(C.R. 505) 1 — - _ L3 r _ASIS OF BEARINGS N00'00'25"E _ o WEST LINE SECTION 8 LATERAL A CANAL L1 'aGlg cn } WEST UNE TRACT 1T D0�E O N W c Cn X n m rn Z O I—I ZW J O —C!! coz �� >a� o A I pI w p I Z W p mpD r mmmm SZZ = --I O-0 mm0 coN m O D m ccA —rnim rcn zi EAST LINE TRACT 13 M o°°Sa N (> m rn J ZW -Z-I I� aa �•� fi- GZ7 O D O w p I Z W � O mmmm SZZ = --I O-0 mm0 coN m O D o = cn m� D 0 0 0 O (/1%O m Z V) 'A Z D VCox LO I� =20 rt N ' 00 J Ori Ln -P W r N� r Z m F` m m Z (n mom Dim r a b a oS cn D f*7 0 = Z O zm C —I •' I �C I w m<C n mPL4 oN WOZ a° VVV z n o a n a oW y n_ �. C i �licil m G3 m\ O O � Ow C) 0 ��� m (A-7 cu a B`�"mBr PCS y pc m� Z—{ LEGAL DESCRIPTION AND SKETCH OF PARCEL 301 INDIAN RIVER COUNTY, FLORIDA I I oNpNcnoocncncr. OcnO GNECIQO BY ECA N0• 35041 Un oo oO r ZZ p O Op 0 0 (O 0 0� X00 n ID W W -up NB m Q —I ,_ IO cn { r m a) w -0 < � — D'0WZC,4 D� Cn N coocoo O W O W 0 cooo0 0 0 CD 00 �o Z mS �m Z;0 F_m � -?4-Porno o Ln o m o o o c L o cL�c N m 0N)0"U N C Lniz LT ul VI 0 o�N m m m r*i :E rrl < I�C N v � Z EAST LINE TRACT 13 M o°°Sa (> Ir I� aa �•� y GZ7 OI N D O ..p art n' a ° 1 n a „, W � m mmmm SZZ = --I O-0 mm0 coN m O D o = cn m� D 0 0 0 O (/1%O m Z V) 'A =20 rt aogam°a�y Om m cmiDm o DZ:nCCm m �m a 43°�°�Tsag F` m m a b a oS cn D f*7 0 = Z O zm C —I •' I �C I Z Z Z o o m m WOZ a° VVV z n o a n a oW y n_ �. C i �licil m G3 m\ O O � m cu EAST LINE TRACT 13 M o°°Sa I r aa �•� y GZ7 >>m >0 -Or�T7'o_ ;_7 p�0m(n (n�GDjmp00 G7p00(Dncm'� D O ..p art n' a ° 1 n a „, W ,n�—I mmmm SZZ = --I O-0 mm0 coN m O D o = cn m� D 0 0 0 O (/1%O m Z V) 'A Om m cmiDm o DZ:nCCm a a� Rt m m a b a oS cn D f*7 0 = Z O zm C —I •' I �C I Z Z Z o o m m WOZ oW y �. C A Z OZ __l a B`�"mBr PCS y pc ) Kimley >> HornF © .' K1111EY-HORN ANO ASSOdAlF ING 446 24TH SIRFET, AIRF ZM, LUQ BFACN, FL S]➢BOCT vnoNt:, nz-7u�-4tw rAz� nz-SIH-4iaa M(M,`ONIEr-NORN.CON "� 2/17 LEGAL DESCRIPTION AND SKETCH OF PARCEL 301 INDIAN RIVER COUNTY, FLORIDA SHEET NUMBER 1 OF' 2 PCS GNECIQO BY ECA N0• 35041 e>-0� -u CA zN v cmv Z'0 pv O Zv rnuj cn... o... pCOA cn0 om rn D rD- N ;u D o m 9 m v! z to 0o c� q ym m �m x W D O zm o 0 o D F ��j �z z Y e� V) 0 F ry r' D N a rr m O C/1 o:<_ > E o Z Z OX M p 0 z m z 00 0W z gm m pm -um mpm �m o >>-9 0 o �m� orA*i� 2 Z O K MOMO-O 0 z ODD cf')m �D OO 'X r Z Zm rel 'O ZfOTI �D IT1mR Zw CNmnx N D DOS ��O 0 a)O oy m ED �r+R ?D m— Z?D to --Orre�m ��pmz O Z-� Dy N< O O '� O f*1D z N D c z X� 5 x oZ5 �� m jom�a m m rn L4 r�Zr*i �Z�n 00 ;1 > z rn D p G7 G7 GZ') 0 n 0 --i 0 o m f0*7 O "rr0 � Z N -DI O y 00 D A pc m�o Dm m ,rj D D '� {a O] -i Z 88x0 5 M m Z A : C �i p A07C-I-f1 cn m r a) j07 ao 0 (n m to 0 00 � (n z� �o rAn Z mvOmpW N r-�zm D rl) m0 _D l7 D M r7 'Oy� o� 0 0 r1r+1� o C p mzc: co D izm�� r� 0Z= o� D D p z m -i O N N U� Z m N F-mZ m�1TI N v° -i 00900 m M .'O'U V7 m �z m m Z D D_ D m OZOOo p � O A SAN 00 x� iGn m cM ;a rn -i y y O -f z;! E/I A Z _-N-I -01Z DN _-11 --1m ZO J g�C �Op { n D D Z g�g8�o D rN� fmo N N .Zol Z G7 -OIC z o2 f� IZ Z� A L7OD -ORI z z WS � zDm m O o'*1 < C -) m cn v zc00 -11 M O Dy�<N m rn mO 0z ...• t00 co ;;u O0 N N W w w m CD-i%O �'IrTI' O Octn _uO Fi oo . -i m _0 r c: -q �c�`n� r- 2-+ ZND wF- m o o oO j z m cn 000z �o m Enm Z -i.H O o m ZrZ -u" Ln oCm z O ;0zDz MO D � zD 0o �cn D �Z' oI F p O o N i D N0 O O OzmD c� �DO N 0 D --1 z n -i rz m Z �Do A ZOOW O 0mm0CD D o� mm _ Z O mOm pZ _l zn mp m'Zo c m Z>O A"n Z . O-D-Irz n �: mcn m O 0 O 0 z D o°DDo -1 000 ACr mZm g 'ZrZZ r<1D Afn -N-1 �M028 D m� -� --1O p --1 n Nm mDATE °F w PCS Kimleyl Horn © =7 p -Hm gun �WATM M 1/12/17 LEGAL DESCRIPTION AND SKETCH PARCEL 301 OF SHEET NUMBER 2 OF 2 WAM 0 PCS PRS N0. 047035D41 ° °° EC0 " PHO ter',.2M lU0. 7 -7 "IW °° rnau m -gas- LEY nw m-�w-.�wo NNWJOYIEY-INIULCOY INDIAN RIVER COUNTY, FLORIDA O -0D -Ow ZN O ;7`-' .Z7` c)— v cm O X p �A N� 'I �j2/17 DESCRIPTION AND SKETCH OF PARCEL 302 m mm CO M 241 51PF£T,SURC20'M..EwlR]29.0 'PH WE: �]2-N4- 100 FA%: P2-]9 X omM N0 1 CO 0 z c oZ m N �5acnRo n C D�czi o mo 'm o " Dm �m D TCn D N ED m o m OO D ° m Ln O n o� q-• n ao32��� V) c> u r C Q D X 0 -u - o O � o� 02 Z mD o� m O O z m z 0;0 O c 2 0 N z M O m� C D D o z m c O mD z O m (A z o C) 'i7 G7 n D .Z1 00 mz m ED m U 00 CO D 0� OD CA 0 M DDO z r� z C z A z c Z M w mm m mLn< Im D n w 1 a DATELEGAL p o n 0 -DC DC 'I �j2/17 DESCRIPTION AND SKETCH OF PARCEL 302 Ci (n PROJECT NO. h R M 241 51PF£T,SURC20'M..EwlR]29.0 'PH WE: �]2-N4- 100 FA%: P2-]9 X v p m ^; _ 'c 0 z AD me 3 o �5acnRo n C I I A ow ED nabs TCn g owNgrao _ �, n o� q-• n ao32��� n o m EAST LINE TRACT 13 WEST LINE TRACT 14 L4 N �� ED 0 0 3"o O) O 'o 0 c � O O 0 0 V 0 0 m0;avv O m O O m o m m o C C7 2 O Z D G') O mZE, W Z p (D 2 D� U i N o 0m D rz� z Zoe G) G) N DAm Z ;Q C) p >� 311 Zc0 m zo m yam= -mi z z C) 22 O i<-<Nc., O A1c,0 w ooc O ON� m �zz z omm 0 ➢ O0U) W Z 5 Z p m cD � MX r -� C D [O D n n O� mo oU) oo N O Oc Z o zo D y O Q Z m < Or� N(A ;m c o� m y � N 5 z'� � O om z Dz ix m>' O oAr- 'o a N � ' O D m m m N z �O O �7 D O 0 0 m x m D m m2z z =2-Ovm, Z' –1 --i –1 ---I O d yomMo 0 0 0 O 0 m Z Z Zo��r Arr Z�� =MM zZ z czi o m o ED O O K Za ->C -- B '•"Z°° a DATELEGAL OL91p1ED BY PCS Kimley*Horn © =7 gYIEY-H AIA ASSO —, — 'I �j2/17 DESCRIPTION AND SKETCH OF PARCEL 302 oBAxn a PCS PROJECT NO. CHEp BY ECD M 241 51PF£T,SURC20'M..EwlR]29.0 'PH WE: �]2-N4- 100 FA%: P2-]9 X INDIAN RIVER COUNTY, FLORIDA WWI.KIMM-hr"! 04703504 D �7 �m o 2 mZ C)0. o C7 C7 � mD oD C zo a Om � r0 m �m 0 zN U)o �c mHI O C) C0 �0 rn� m V0 D r ME f 0� V U7 c C O m M mo Z07 m we 00 N n As O m zm 0„O D Z r o � �z z �o Om ch ZX A W O O c �7 D O :T1 Y m r SHEET NUMBER 1 OF 1 Prepared by and return to: . Jason Beat Atlantic Coastal Land Title Company, LLC 855 21st Street Suite C Vero Beach, FL 32960 (772)569-4364 File No 2020-5133 3120200018161 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3288 PG: 1618 Page 1 of 5 3/26/2020 9:08 AM "This Deed is exempt from Florida Documentary Stamp Tax in accordance with Cresent Miami Centre, LLC v. Florida Department of Revenue 903 So. 2nd (FIa.2005)." Parcel Identification No 32-39-08-00001-0130-00001.0 Above This Line For Recording WARRANTY DEED (STATUTORY FORM — SECTION 689.02, F.S.) This indenture made the 12- day of March, 2020, between The Banack Family Limited Partnership, a Florida Limited Partnership, whose post office address is 2050 15th Avenue, Vero Beach, FL 32960, Grantor, to Indian River County, a political subdivision of the State of Florida, whose post office address is 1801 27th Street, Vero Beach, FL 32960, Grantee: Witnesseth, that said Grantor, for and in consideration of the sum of TEN DOLLARS (U.S.$10.00) and other good and valuable considerations to said Grantor 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: RIGHT OF WAY PARCEL 301 The North 50.00 feet of the South 80 feet of the following described parcel as recorded in Official Records Book 1665, Page 1107, Public Records of Indian River County, Florida. Tract 13, Section 8, Township 32 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Company filed in St. Lucie County, in Plat Book 2, Page 25, now lying and being in Indian River County, Florida. RIGHT OF WAY PARCEL 302 The North 50.00 feet of the South 80 feet of the West 501.66 feet of the following described parcel as recorded in Official Records Book 1665, Page 1107, Public Records of Indian River County, Florida. Tract 14, Section 8, Township 32 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Company filed in St. Lucie County, in Plat Book 2, Page 25, now lying and being in Indian River County, Florida. 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 Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple, that Grantor has good right and lawful authority to sell and convey said land and that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever. Warranty Deed File No.: 2020-5133 Page 1 of 2 In Witness Whereof, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: /-W YLD- The Banack Family Limited Partnership, a Florida Limited Partnership By: anac Ge1 Partner, C, the General Partner By: Wilton R. Banack, Authorize ember STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrumen acknowledged before me by means of ('physical presence or () online notarization this 1 -Z-day of March, 2020, by Wilton k, Authorized Member of Banack General Partner, LLC, a Flroida limited liability company, the Ma �er of Th Family Limited Partnership, a Florida limited partnership. Type/Stamp Vari e)of N Personally Known: V OR Produced Identification: Type of Identification Produced: �Mt� QN ,G��91i yG� pI 17,?�:O Z : - 4GG 295887 p °�ded tbO (0e�y Q� SAG. �b�!c•UndE�.• ����� ,///s/NZI C 016 9 a tl \E� °ea File No.: 2020-5133 Warranty Deed Page 2 of 2 I o 5d III I 245 rn 250 255 -_ - - - 56TH. AVENUE (C.R. 505).=1— — — —BASIS OF BEARINGS 700'00'25-E; — 47aWEST LINE SECTION 8LATERAL A CANAL WEST UNE TRACT 13 i� '.i c N 1" R; m D �c g, 7i a x i � M w '�• 12 Z gSs� Z 0D Z q pM� w g C O NW N l/� r•1 r4 l fn} (T r' r4 � U1 t! SC rn Z � SL K mlleyoHorn oo�� n Pq onw n Pq n � n.�t �tK-xoM quo. �wao�M ea w m¢; eau m4 Baa wnc+L R %� nK� tis-t�nw rug m-rw�atio rmuaan'-nuiataoY i� '.i c N 1" R; m D 1 � I o A b v I I EAST UNE TRACT 13 cl go 4 A'Z jg z m rn to V)Z CST -r -i W LEGAL DESCRIPTION AND SKETCH OF PARCEL 301 INDIAN RIVERYD©UNTY, FLORIDA swmmm i 1 OF'2 �c 8.88888$8b55A 12 Z gSs� Z 0D Z q $fD w A C O NW N l/� r•1 r4 l fn} (T r' r4 � U1 t! SC rn Z � 1 � I o A b v I I EAST UNE TRACT 13 cl go 4 A'Z jg z m rn to V)Z CST -r -i W LEGAL DESCRIPTION AND SKETCH OF PARCEL 301 INDIAN RIVERYD©UNTY, FLORIDA swmmm i 1 OF'2 ;I'D ..;oj Z r 1"80 rn Sm N . $ > OW� Z N ago Om � O ,m G7 N r l J O a� m p W� = oe o ag W N Z z a m yi v< m O o= v o z z�A ori 4mQ mai o ymya 0m rp't o(m�� X)47 N'V f� :Vn zOm .L iZmm��rn� � om ygZ D �P�p m Z�"c)8O2ZV{ �zo0DmO o2Z mZ -A— '� � --1 AZO D o o o mmo az o� ��g art go -i N m 8 m o o m zo qoq (A ;"Zr,. �- P t5 Q Q� 2 g C o r�ZC do m N�mvo m a= a> O C z Co; m ry rmm ni -at Qczi4Ng m�ro z Z Z N U o� �m*N1 gFoaA� Nu mC �7mm C O D DLn z co m D m U76gca!po " _a O�7 ^2 �1 O A m Z7- N N X N 'p NW Qm Ln 89 g y yy >pp Z�'fl Z, o rn zO m z {N o-�d o� �w m� �4��i m 0, :,j JQQn No m G v z m n om �S` Co o g In z� m �' °cz Zia o9 i a v Z. vgc� ��Z') a ga cmi ;528- , gy��oo p O N Fn vN t7 r28y il. a �Z oo-_�' ZJ �mm v z "�' �� mzocn � Cpm Z. 0 0 8 z > s� cervi �0`� iE K�imley*Horn DATE LEGAL DESCRIPTION AND SKETCH OF "'"1B°` ®.. Pa t/tz/t� oaa®n cm w%a�ini-wa.w..w.+awo PARCEL 301 2.OF2 'o ,°a `�,°; INDIAN RIVER COUNTY, FLORIDA �11p1p n*"Aw Op IAO 1IF1M11A ....,,:.,... MM�RBM1CI�IRRICW 9 w al°,°b Pt'n &b, V.2 a I:al m`c3 2� N• z z CD �I I� I m� ce 0 2i cn Z rn A w I I SOV V Salmi i > z " av��mr� CEJ "! C ` armm r"mm C Z Z z '~�" Kimley Horn �nx%» LEGAL DESCRIPTION AND SKETCH OF -rl �OF� an 6r+v-+ar Iwo woorm ua PARCEL 302 n••� o+raieosi - :.,.,.. INDIAN -RIVER 'AUNTY; FLORIDA o my N {/my�ccm N �m o y a vm� 2 N� X V) n fi D V) _ O V) e D � >_ < z m r Q� v v C >> Z g v 9 w al°,°b Pt'n &b, V.2 a I:al m`c3 2� N• z z CD �I I� I m� ce 0 2i cn Z rn A w I I SOV V Salmi i > z " av��mr� CEJ "! C ` armm r"mm C Z Z z '~�" Kimley Horn �nx%» LEGAL DESCRIPTION AND SKETCH OF -rl �OF� an 6r+v-+ar Iwo woorm ua PARCEL 302 n••� o+raieosi - :.,.,.. INDIAN -RIVER 'AUNTY; FLORIDA o 3120200018164 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH. CLERK OF COURT Prepared by: INDIAN RIVER COUNTY FL Office of County Attorney BK: 3288 PG 1628 Page 1 of 4 3/26/2020 9'08 AM Indian River County D DOCTAX PD $0.70 1801 27th Street Vero Beach, FL 32960 772-226-1425 EASEMENT THIS GRANT OF EASEMENT, made and executed this / day of March, 2020, by THE BANACK FAMILY LIMITED PARTNERSHIP, a Florida limited partnership, whose mailing address is P. O. Box 1266, Vero Beach, Florida 32961, hereinafter called GRANTOR, to Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter called GRANTEE. (Whenever used herein, the terms GRANTOR and GRANTEE include all the parties to this instrument and their heirs, legal representatives, successors and assigns.) WITNESSETH: That GRANTOR for and in consideration of the sum of ONE DOLLAR ($1.00) 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 permanent access easement on, over, across, and beneath the land, situate in Indian River County, Florida, and depicted and described as "Access Easement" on 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 GRANTOR'S hand and seal the day and year first above written. Signed, sealed and delivered presence of: THE BANACK FAMILY LIMITED PARTNERSHIP By BANACK GENERAL PARTNER, LLC, a Florida limited liability in the company (its General Partner) By: \ 1 Wilton R. Banack Authorized Member %V V AF'F'7 "-'1*V [) AS TO FORI!JI A;',10 LEGAL SUFi"ICIE'NOY BY x .. 000NTY Ai ORINEY STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this ILL day of March, 2020 by Wilton R. Banack, the Authorized Member of Banack General Partner, LLC, the General Partner of The Banack Family Limited Partnership, who is personally known tome or who has produced ' entificatio I N1 [00-Z' . SEAL: '-�-11 0rinted naff . Commission No.: Commission Expiration: All • �G dpi 17, ,po y #GG 295887 ✓i p/ '• °blic Under•' O�y`� Iq -V 245 0 D Cf) Z $ m Z 250 255 NV AVENUE 505)=L=— WO m„D00� o8g88�SS� r -vo _(C.R. BASIS OF BEARINGS N00'00'25'E c� C) O opgp o :✓�. WEST UNE SECTION 8 LATERAL A CANAL cn D D L1 i �. WEST UNE TRACT 13 cn W m Ln m O r Q z n 0 07 z n O S n n D V O .Nn tp/i, Z z O O Z O _ p N W N N z Ln y -Z ul Ln > r4 p (A C m N l -'m Z z I+ Z m NV ow 'w C ���z WO m„D00� o8g88�SS� -vo (7) c� C) O opgp K:m 1-o 1 — D W W m?co�n :✓�. C, cn D D Lo o�N �. 5 N W m Ln m O N z O W O� z n 0 07 z n O S z rp MO MAN O O O O O N O N W N N z Ln y -Z �mmrim r4 Z a z NV ow 'w C ���z WO m„D00� -vo (7) c� C) O opgp K:m 1-o 1 — D W W m?co�n :✓�. C, cn D Lo o�N �. 5 N g co m o ( L A O CH r �J 4 � p hHIi ” c L2 � � � � � � ( EAST UNE TRACT 13 B �' m m Q o 1 3 f' � � m � 00 q M t S Z�S ➢ I (7) n > Y O T7 O 'O .2Op-u''o Dw D m;un' Fl W I AI�S2 b - mom 3Q y� mn -A-I -i -InO mmp Q $ oaffijg o m'zz%, A�M;oOo �g��-ZC y�;�$. m -< nDmO a �CCZ �� v4iSP„ D o jjz< j =mm n� gs y� 4 z 0 zz z °gcr�QQ�j I i zo m o r� O C v 4 t C 0 T Z O Kimley * Horn°aa )) 4/01ATE LEGAL DESCRIPTION AND SKETCH OF °P""°" res Qm�wur-roauo"awa.m.n PARCEL301 1 OF acaao„ ECD ...:.�„�,vmc�wK KACKft oINDIAN RIVER COUNTY, FLORIDA �.snw:c.-i�aacw z.1; { r'�mo Yj t3.:m .rn >cz 6 , 0 m�n T A p A > z 47 N � O O r t� o. m5 5 o� >� �o� Qix1 o as a � . o �v m� 1 0 =4 i >�z4 =>4 4; � 2 z ��'D corm �i a o�-m+ zAz N� . A. 0 . OI 'Q:Z�I% -Z ER �'T Oz z 2�R1rD f r�*A z A o my z Ao-O+ N m� Z Vim• O � !q -Z P z� z m A N in' m N m -rn 00, >i czi A Z N� Nm, En N ;C� a > a O > �Xz qqyny Oz`a. �` ",9 In.33 y y z- yzoa p ozpD .� .Zl b Zb AZ m 0 0 v z m mp �° .ci QSry F, g g i z o z �ogj ?A co T ;] - -ice o z _o n Az rn a >o Za , 4 ZKA � o �o i 4 r�i m m m `� a g o $� i mL,ZAcrm o $ --i z -71 o g Zg c rm o �� zoo o m mm p FI r X tuu oar n res Kimle u)) Horn i� � LEGAL DESCRIPTION AND SKETCH OF �"' NUMBER ?�!'�! � pc5 a tar sonar-,�aa wo �aoarm we PARCEL 301 2 OF 2 Q47078041 INDIAN RIVER COUNTY, FLORIDA mw. nrr.-xov rn �n-n.riw "aw,oan-row�cw 3120200018165 RECORDED IN THEPUBLIC RECORDS OF JEFFREY R SMITH. CLERK OF COURT INDIAN RIVER COUNTY FL Prepared by: OrficeofCounty Attorney BK: 3288 PG: 1632 Page 1 of 2 3126/2020 9 08 A Indian River County 1801 27d' Street Vero Beach, FL 32960 772-226-1425 TEMPORARY CONSTRUCTION EASEMENT This TEMPORARY CONSTRUCTION EASEMENT, made and executed this _Z'day of March, 2020, by THE BANACK FAMILY LIMITED PARTNERSHIP, a Florida limited partnership, whose mailing address is P. O. Box 1266, Vero Beach, Florida 32961, their heirs, successors and assigns, hereinafter called GRANTOR to Indian River County, a political subdivision of the State of Florida, whose address is 1801 271h Street, Vero Beach, Florida 32960, 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 land, situate in Indian River County, Florida, and depicted on Sheet 1 of 2 of Exhibit "A" attached hereto. This easement is for the purpose of roadway construction, and shall exist only until the completion of the construction work for the 66th Avenue roadway widening project. 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 nresence of- THE BANACK FAMILY LIMITED PARTNERSHIP By BANACK GENERAL PARTNER, LLC, a Florida limited liability compa (its General Partne By:_ �� Wilton R. Banack Authorized Member APPROVED AS TO I"ORrVt X1,10 LEGAL SUFE-ICIENC`t' STATE OF FLORIDA BY� COUNTY OF INDIAN RIVER D`f1...ANJ i?Gi�IU'OI_G 00UNTYA-TT0R1r4E'' The foregoing instrument was acknowledged before me this day of March, 2020 by Wilton R. Banack, the Authorized Member of Banack General Partner, LLC, the General Partner of The Banack Family Limited Partnership, wh ersonally known_to_ me or who has produced as ideflti 6ation. - _ SEAL: :Z 0313 zssegr .moo°ode �5 // A 'Gbh"c Uri deo" printed na Commissio N Commission n: V,S�tc� •U o' o rn cz o m o 0o [ �m m N m C m z m SqP- I >O,E0 1 RO C1 >c m G.15 i �I V+ Z rn I � m A 250 p 255 m — — N 66TH. AVENUE (C,R:;505)=L— - N N Z C $8g8$888�� ` 3F �0Bv�iD�D �`IS OF BEARINGS N00 00'25'E + r o ..1 _ WEST UNE SECTION 8 LATERAL A CANAL Lt 0 0 v LJ rn WEST UNE TRACT 13 o w o N O W 0 o w z W to8gi$ w z W (A d A O y N 2 ci -: O L, ON N (T oNo o N N z 0 �- a�'m x m C% 7 > 1c \ — m ��m z m moo ( ( 1 1z z I r n >y I 14 � 1 10 v rn p m gNON �o�oaoo N (P N N N Z C $8g8$888�� ` 3F �0Bv�iD�D Cut -q �$ '��Z�� ..1 J gr''o a 0 0 v LJ rn � Fl w o N O W 0 z z m O too w z W to8gi$ w z W (A d A O u 9 0.10 CA C5 O ci -: O L, ON N (T O N N NN W N VI N N z 0 f�rnmmm m z 0 a z � N A c: c: r Z ` 3F �0Bv�iD�D Cut -q �$ '��Z�� ..1 J gr''o 0 0 v LJ rn � o umD O tQ 5 L20 v EAST LINE o_y Z I I g g 9 e p Mtn^ ro. d9a J gr''o � c' c L20 v EAST LINE TRACT 13 \ — moo ( ( x I r n >y I 14 � �y oS$ gn ni ' �� AI a vog7 c7 p.,n nv �vvvmn o'8' 81 =zz 2600m� Z -O-t i o�O��zg q 3IIvsgSg rnz> D [ A��'o' mfWm g fZmCCz t7rn ao O�zl: ZZm Z o KFrC i t!1 Z (L�z�{I. mO ra (14 0 , 1 .� v�Tt a gad g�g� 7: z a '0"r t' -zoo' Kimley>>>Horn Op -��-I -.—m- ..e t•,x mat ■.un wo, wlu rvx n �uw mmu nanr.laa rw nriw-s�ao werialur-Huoiarl ,�, onre TE17 LEGAL DESCRIPTION AND SKETCH OF PARCEL301 INDIAN RIVER COUNTY, FLORIDA s,crr nvwem 1 OF -2 a •a^ res aco� �r �p 47035 J5047 N4• 0470 0 ►. WESTCOR POLICY NO. LAND TITLE INSURANCE COMPANY OP-25-FL1394-9533919 OWNER'S POLICY OF TITLE INSURANCE (with Florida Modifications) ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, Westcor Land Title Insurance Company, a South Carolina corporation (the "Company") insures, as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of - 1. f1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. COVERED RISKS CONTINUED ON NEXT PAGE In Witness Whereof, WESTCOR LAND TITLE INSURANCE COMPANY, has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signa- tory of the Company. WESTCOR LAND TITLE INSURANCE COMPANY Issued By: FL1394 * 2020-5133 Atlantic Coastal Land Title Company, LLC � ot��,M ,11.I. D 855 21st Street, Suite C y {vA�nYA�A, Vero Beach, FL 32960 ��;ggEAL�1'elide t ��;•'Attest: Secretiry OP -2.5 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page 1 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zon- ing) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforce- ment action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or at- tached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage (a) created, suffered, assumed, or agreed to by the Insured of this policy, and the Company will not pay loss or damage, costs, Claimant; attorneys' fees, or expenses that arise by reason of. (b) not Known to the Company, not recorded in the Public Re - 1. (a) Any law, ordinance, permit, or governmental regulation cords at Date of Policy, but Known to the Insured Claimant (including those relating to building and zoning) restricting, regulat- and not disclosed in writing to the Company by the Insured ing, prohibiting, or relating to Claimant prior to the date the Insured Claimant became an Insured under this policy; (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improve- 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 govenunental 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 (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 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. 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. OP -25 ALTA Owners Policy of Tide Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page 2 CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 1 I of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, con- solidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated En- tity of the named Insured, provided the affiliated Entity and the named Insured are both wholly- owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not construc- tive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improve- ments that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other secu- rity instrument, including one evidenced by electronic means authorized bylaw. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. 0) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of war- ranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The 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 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 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 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. 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 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 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, attomeys' 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. ll. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Com- pany pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Com- pany of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration As- sociation may be demanded if agreed to by both the Company and the Insured at the time of a controversy or claim. Arbitrable mat- ters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the Land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY, POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim whether or not based on negligence shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provi- sions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: 875 Concourse Parkway South, Suite 200, Maitland, FL 32751. OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page 5 w C -j O y� m �0 �� r y � -- �= 0 ° O m m QW m O„ * O -n Cf) y y romro o O m z co Cl) N O O WESTCOR LAND TITLE INSURANCE COMPANY ALTA 6-17-06 OWNER'S POLICY (With Florida Modifications) SCHEDULE A Name and Address of Title Insurance Company: Westcor Land Title Insurance Company, 875 Concourse Parkway South, Suite 200, Maitland, Florida 32751, Phone No.: (407) 629-5842. State: FL County: Indian River Address Reference: 6580 61st Street, Vero Beach, FL 32967 and 6300 61st Street, Vero Beach, FL 32967 File Number: Policy Number: Date of Policy: Premium: Amount of Insurance: March 26, 2020 at 2020-5133 OP-25-FL1394- 9:08 AM or recording $625.00 $110,000.00 9533919 date of the insured instrument, whichever is later 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: Property 1: fee simple Property 2: 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: See Exhibit A attached hereto and made part hereof. Issued By: Atlantic Coastal Land Title Company, LLC 855 21st Street Suite C Vero Beach, FL 32960 Authorized Signatory 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 6/24/15) WESTCOR LAND TITLE INSURANCE COMPANY ALTA 6-17-06 OWNER'S POLICY (With Florida Modifications) SCHEDULE B File #: 2020-5133 Policy #: OP-25-FL1394-9533919 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: Exceptions: 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 2020 and subsequent years, which are not yet due and payable. 6. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer or gas system supplying the insured land. 7. Restrictions, dedications, reservations, setbacks and easements, if any, as indicated and/or shown on that certain Plat recorded in Plat Book 2, at Page(s) 25, of the Public Records of Saint Lucie County, Florida. OP -25S / ALTA 6-17-06 Owner's Policy Schedule A and B (With Florida Modifications) (WLTIC Edition 6/24/15) WESTCOR LAND TITLE INSURANCE COMPANY ALTA 6-17-06 OWNER'S POLICY With Florida Modifications EXHIBIT A File No.: 2020-5133 Agent No.: FL1394 Property 1: RIGHT OF WAY PARCEL 301 Policy No.: OP-25-FL1394-9533919 The North 50.00 feet of the South 80 feet of the following described parcel as recorded in Official Records Book 1665, Page 1107, Public Recorsd of Indian River County, Florida. Tract 13, Section 8, Township 32 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Company filed in St. Lucie County, in Plat Book 2, Page 25, now lying and being in Indian River County, Florida. ACCESS EASEMENT: A portion of Tract 13, Section 8, Township 32 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Company filed in St. Lucie County, in Plat Book 2, Page 25, now lying and being in Indian River County, Florida, being more particularly described as follows, to wit: Commencing for reference at the Southwest corner of said Section 8; thence, bearing North 00 degrees 00 minutes 25 seconds East, along the West line of said Section 8, a distance of 80.09 feet to a point; thence, leaving said West line, bearing South 89 degrees 59 minutes 35 seconds East, a distance of 50.00 feet to a point on the West line of said Tract 13 and the point and place of beginning of the herein described parcel; thence, bearing North 00 degrees 00 minutes 25 seconds East, along said West line, a distance of 25.00 feet to a point; thence, leaving said West line, bearing North 89 degrees 54 minutes 02 seconds East, a distance of 100.00 feet to a point; thence, bearing South 00 degrees 00 minutes 25 seconds West, a distance of 25.00 feet to a point; thence, bearing South 89 degrees 54 minutes 02 seconds West, a distance of 100.00 feet to the Point of Beginning. RIGHT OF WAY PARCEL 302 The North 50.00 feet of the South 80 feet of the West 501.66 feet of the following described parcel as recorded in Official Records Book 1665, Page 1107, Public Recorsd of Indian River County, Florida. Tract 14, Section 8, Township 32 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Company filed in St. Lucie County, in Plat Book 2, Page 25, now lying and being in Indian River County, Florida. OP -6S / ALTA 6-17-06 Owner's Policy Exhibit A (WLTIC Edition 4/3/14). WESTCOR LAND TITLE INSURANCE COMPANY ALTA 6-17-06 OWNER'S POLICY With Florida Modifications Property 2: RIGHT OF WAY PARCEL 301 The North 50.00 feet of the South 80 feet of the following described parcel as recorded in Official Records Book 1665, Page 1107, Public Recorsd of Indian River County, Florida. Tract 13, Section 8, Township 32 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Company filed in St. Lucie County, in Plat Book 2, Page 25, now lying and being in Indian River County, Florida. ACCESS EASEMENT: A portion of Tract 13, Section 8, Township 32 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Company filed in St. Lucie County, in Plat Book 2, Page 25, now lying and being in Indian River County, Florida, being more particularly described as follows, to wit: Commencing for reference at the Southwest corner of said Section 8; thence, bearing North 00 degrees 00 minutes 25 seconds East, along the West line of said Section 8, a distance of 80.09 feet to a point; thence, leaving said West line, bearing South 89 degrees 59 minutes 35 seconds East, a distance of 50.00 feet to a point on the West line of said Tract 13 and the point and place of beginning of the herein described parcel; thence, bearing North 00 degrees 00 minutes 25 seconds East, along said West line, a distance of 25.00 feet to a point; thence, leaving said West line, bearing North 89 degrees 54 minutes 02 seconds East, a distance of 100.00 feet to a point; thence, bearing South 00 degrees 00 minutes 25 seconds West, a distance of 25.00 feet to a point; thence, bearing South 89 degrees 54 minutes 02 seconds West, a distance of 100.00 feet to the Point of Beginning. RIGHT OF WAY PARCEL 302 The North 50.00 feet of the South 80 feet of the West 501.66 feet of the following described parcel as recorded in Official Records Book 1665, Page 1107, Public Recorsd of Indian River County, Florida. Tract 14, Section 8, Township 32 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Company filed in St. Lucie County, in Plat Book 2, Page 25, now lying and being in Indian River County, Florida. OP -25S / ALTA 6-17-06 Owner's Policy Schedule A and B (With Florida Modifications) (WLTIC Edition 6/24/15) CLOSING AGREEMENT Seller(s): The Banack Family Limited Partnership Buyer(s): Indian River County, a political subdivision of the State of Florida Closing Agent: Atlantic Coastal Land Title Company, LLC Property Location: 6580 61 st Street 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 APPLICABLE): The Buyer acknowledges the existence of any homeowners and/or condominium association(s) and is aware that monthly, quarterly or annual maintenance assessments may be due to said association(s). Said association(s) may also have the authority to regulate and enforce community covenants and restrictions. PROPERTY CONDITION: Closing Agent does not make any representations or warranties nor assume any liability with respect to the physical condition of the property, and any repairs to the property. SURVEY(IF REQUIRED OR OBTAINED): The Buyer hereby acknowledges receipt of a copy of any survey prepared for the subject transaction. The Buyer has reviewed said survey and accepts title subject to the matters set forth on said survey. CLOSING/SETTLEMENT STATEMENT: Closing Agent does not adjust and/or assume liability for charges for water, rents, gas, electricity, taxes on personal property, garbage taxes or fees, license taxes, association assessments or dues, or estoppel information furnished by mortgagees or others. Sometimes recording fees and courier/express mail fees may vary due to the unknown amounts at the time of closing. Therefore, the parties acknowledge hereto, that monies collected for recording and courier/express mail Page I of 2 File No.: 49084907 LTF fees may be more or less than the amount collected on the closing statement. Any shortfalls or overages 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. The Banack Family Limited Partnership Indian River County, a oli ical su ision of the By: Banack General Partner, LLC lorid By: Wilton R. Banack, Authorized Member By: William . DeBraal, Deputy County Attorney - Buyer Date: Date: 3 SELLER(S) ADDRESS AND PHONE NUMBER(S) AFTER CLOSING Address: Phone Number(s) Home: Work: E -Mail Address: Other: Page 2 of 2 File No.: 49084907 LTF Atlantic Coastal Land Title Company, LLC 855 21st Street Suite C Vero Beach, FL 32960 (772) 569-4364 ALTA Combined Settlement Statement File #: 2020-5133 Property See Addendum Settlement Date 03/12/2020 Prepared: 03/12/2020 Buyer Indian River County, a Disbursement Date 03/12/2020 Escrow Officer: Jason Beal political subdivision of the Debit State of Florida Seller The Banack Family Limited Partnership Lender $110,000.00 Sales Price of Property S777es BuyerDebit Debit Credit & Credits $110,000.00 Sales Price of Property $110,000.00 Government Recording and Transfer Charges Government recording charges $80.50 --Partnership and LLC Affidavit to Official Records Department $45.00 Title Charges Owner's title insurance to Westcor Land Title Insurance Company $625.00 Title Search Fee to Old Republic/Westcor $85.00 Closing Fee to Atlantic Coastal Land Title Company, LLC $375.00 Digital Archive/File Scanning Fee to Forensis Technologies $35.00 Wire Fee to Atlantic Coastal/CenterState Bank $16.00 Miscellaneous Charges Attorney Fees to Gray Robinson, P.A. $20,955.00 Costs and Witness Fees to Gray Robinson, P.A. $2,500.00 $1,450.48 2019 Real Estate Taxes (Parcel 301) to Indian River County Tax Collector $702.34 2019 Real Estate Taxes (Parcel (302) to Indian River County Tax Collector Access Easement to Clerk of Court 1 $36.20 Seller Temporary Construction Easement to Clerk of Court s a,,,; '.. $19.20 Buyer Debit Credit Debit Credit $2,152.82 $110,000.00 Subtotals $134,726.90 $0.00 Due from Buyer $134,726.90 $107,847.18 Due to Seller $110,000.00 $110,000.00 Totals $134,726.90 $134,726.90 Produced by Atlantic Coastal Land Title Company, LLC Using Qualia Page 1 of 2 2020-5133 Printed on 03/12/2020 Acknowledgement We/I have carefully reviewed the Settlement Statement and find it to be a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction and further certify that I have received a copy of the Settlement Statement. We/I authorize Atlantic Coastal Land Title Company, LLC to cause the funds to be disbursed in accordance with this statement. Indian River County, a political subdivision of the State of Florida Wil lam K DeBraal, Deputy County Attorney Date Settlement Agent The Banack Family Limited Partnership, a Florida Limited Partnership By. Banack General Partner, LLC By: Wilton R. Banack, Authorized Member Date Produced by Atlantic Coastal Land Title Company, LLC page 2 of 2 2020-5133 Using Qualia printed on 03/12/2020