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2020-100
Indian River County, vs. Parcel 102 Paulette Brown, et al. Defendants. PRESUIT MEDIATION SETTLEMENT AGREEMENT At the Presuit Mediation Conference held on March 5, 2020, the parties reached the following Settlement Agreement, subject to approval by the Indian River County Commission: 1. Indian River County ("County") will pay property owner, Paulette Brown ("Owner") as follows: a. County shall purchase the property identified as Parcel 102, in lieu of exercising its eminent domain authority. Owner shall receive at closing the sum of $100,000.00 in full settlement of all claims for compensation from County including all claims related to real estate, severance damages, and all apportionment interests, if any. To that end, County shall prepare a purchase agreement for all parties to execute. 2. In addition to the sums referenced in paragraph 1 a, County shall pay the total sum of $9500.00 to Owner's attorney's trust account for all of Owner's expert fees and costs. 3. In addition, County shall pay the total sum of $10,000.00, to owner's attorney's trust account for Owner's attorney's fees, inclusive of apportionment, benefits, non -monetary benefits, and supplemental proceedings, if any. 4. County further agrees to construct the Project relative to Parcel 102 in z S S IN WITNESS WHEREOF, the Board has executed this Presuit Mediated Settlement Agreement as of the date approved -below. pUNTY���,1 BOARD OF COUNTY COMMISSIONRi�•" INDIA ER COUNTY ,prb; BY: usan dams, Chairman BCC Approved: May 120 2020 Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency William' X DeBraaI Deputy County Attorney Apnmvizd By Jas Col Prepared by and return to: Jason Beal Atlantic Coastal Land Title Company, LLC 855 21st Street Suite C Vero Beach, FL 32960 (772)569-4364 File No 2020-5252 Parcel Identification No 32-39-21-00001-0120-00003.1 3120200062717 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3348 PG: 2410 Page 1 of 3 10/19/2020 1:19 PM D DOCTAX PD $700.00 Above This Line For Recording WARRANTY DEED (STATUTORY FORM — SECTION 689.02, F.S.) This indenture made the 5th day of October, 2020 between Paulette Brown, an unmarried woman, whose post office address is 4740 58th Avenue, Vero Beach, FL 32967, of the County of Indian River, State of Florida, 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, of the County of Indian River, State of Florida, 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: A portion of the Southwest 1/4 of Section 21, Township 32 South, Range 39 East, Indian River County, Florida. Being more particularly described as follows; Commencing at the Northwest corner of the Southwest 1/4 of Section 21, Township 32 South, Range 39 East; . Thence, bearing South 00 degrees 14 minutes 37 seconds West, along the West line of Section 21, a distance of 646.69 feet to a point; thence, leaving said West line of Section 21, bearing South 89 degrees 45 minutes 23 seconds East, a distance of 25.00 feet to the East right of way line of 58th Avenue (Kings Highway) and the Point of Beginning of the herein described Parcel; Thence, bearing South 89 degrees 46 minutes 15 seconds East, a distance of 67.00 feet to a point; thence, bearing South 00 degrees 14 minutes 37 seconds West; a distance of 146.07 feet to a point; thence, bearing North 89 degrees 46 minutes 15 seconds West, a distance of 67.00 feet to a point on said East right of way line of 58th Avenue (Kings Highway); thence, bearing North 00 degrees 14 minutes 37 seconds East, along said East right of way line, a distance of 146.07 feet to the Point of Beginning. 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.: 2020-5252 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: PRINT NAMEG'i STATE OF FLO7RIIDA COUNTY OF INDIAN RIVER f'04* �k D � � Pa�lette Brown The foregoing instrument was acknowledged before me by means of (-)IMysical presence or () online notarization this 5th day of October, 2020, by Paulette Brown. Signature otary Public Print, Type/Stamp Name of Notary Personally Known: OR Produced Identification: Type of Identification X-)✓ Produced: os►Rr Poa JASON A. BEAL ? • r,: Notary Public . State of Fiorida o` Commission M HH 012213 oF° My Comm. Expires Oct 11, 2024 Bonded through National Notary Assn. Warranty Deed File No.: 2020-5252 Page 2 of 2 0 .E 0 a m N m N 0 U W 0 0 JR/W LINE SOO74V"W 646.69' BASIS OF BEARINGS SOO'l4'37'W WEST LINE OF SECTION 21 I 0 0 0 0 c> I 0 0 !, o W o O 0 o � � al N a' I Z3 o, v I z c� LIT I Z 0 F UJ y II I � Ot w I I Ot� II Iz I � 0 a N ¢ w , o I a�I v I a m a 25.00" ORI I 1 - �_— — — P.O.C. —' I.R.F.W.C.D. SUB -LATERAL H-2 CANAL R/W LINE / NOR1H LINE OF i% 1HE SW 1/4 I II II I l 141 I I 32-39e21- 00]01-0120-00001.0 13 I I I GRESSS SITE A49 H ST I D.R.H. 3076, PG 819 II I I' II I l I II II I I� II II I II ICO Ii n I nh II fl 0 II 10' LICENSE ~ AGREEMENT II a II w �I z I I I I 32-39-21-00001-0120-00002.0 ADDISON RESERVE CORP I I I I �0ADDRESS' 4810 58-111 AVE RR.R 3D55, PG1598 j I 67.00' 1 1 _10' LICENSE F AGREEMENT j132-39-21-00001-0120-00003.1 BROWN, PAULETTE 197E ADDRESS 4740 58711 AVE ('01") SEC. 21, TWP. 32 S., RANGE 39 E. SURVEYOR'S NOTES 1. THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2. THE BEARING BASE FOR THIS SKETCH REFERENCES THE WEST LINE OF THE SOUTHWEST 1/4 OF SECTION 21. SAID LINE BEARS SOUTH 00'14'37" WEST. 3. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTING DURING REPRODUCTION PROCESSES. LEGEND --� RIGHT OF WAY DEDICATION -- RIGHT OF WAY LINE SECTION LINE ----------- LICENSE AGREEMENT LINE O.R.B. OFFICIAL RECORDS BOOK P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING PG PAGE SEC. SECTION TWP TOWNSHIP RNG RANGE R/W_ RIGHT OF WAY P.S.M. PROFESSIONAL SURVEYOR AND MAPPER N W »> E 0 S 100' GRAPHIC SCALE S (J..". . st' O.R.B. 1532, PG 225 This certifies that a legal description and sketch of the property shown T- hereon was mode under my supervision and that this legal description RIGHT OF WAY I I OOH r I e and sketch meets the standards of practice set forth by the Florida DEDICATION Z KS001437 W Board of Professional Surveyors and Mappers In Chapter 5J-17, Florida m I I I 0' I 146.UT — — Adml this ra Code, pursuant to Section representation Florida Statutes, and i r that this drawing Is a true and accurate representoifon thereof to the 0 I I B7•QQ �_ best of my knowledge and belief. Subject to notes and notations shown aa55 N89'46'15`W 152-39-21-00001-0120-00003.3 hereon., GH a I I i O.R.B.055,ERP PGG 2453 I-i~Ar.RFFMENT _ r_ E.C. DEMETER. P.S.M. NO. 5179 32-39-21-00001-0120-00003.OJ /,_ D 13 —a o '1 -1 CHH ADDISON RESERVE CORP DATE: O� OC S I I I I I D.R.B. 3055, PG 2453 Not valid. without the signature and the originol raised seal of a Florida Licensed Surveyor and Mapper. Y SCALE DATE SHEET NUMBER AS NOTED Kimley>>>Horn 2/2,/18 58th AVENUE F DESIGN_ BY co DFD RIGHT OF WAY DEDICATION .t DRAWN BY © 2010 KIIttEl�HORN AND ASSOGATL£ INC. PRO,ECT NO, 1 Of 2 DFD ++s 217N MEE:772 941E 200, ,tea BEA2-794, 41 329ea 047897026 INDIAN RIVER COUNTY FLORIDA 3 CHECKED BY PHONE 772-78t1JrY FAX: 772-7Y1-41]4 2 ECD MNIM.IOYIEI•-HORN.wu , II LIT le ROPOSED (j EL R/W LINE II Iz I 0 II I II I 1 II I I c.nn•.��1a�r , 67.00' 1 1 _10' LICENSE F AGREEMENT j132-39-21-00001-0120-00003.1 BROWN, PAULETTE 197E ADDRESS 4740 58711 AVE ('01") SEC. 21, TWP. 32 S., RANGE 39 E. SURVEYOR'S NOTES 1. THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2. THE BEARING BASE FOR THIS SKETCH REFERENCES THE WEST LINE OF THE SOUTHWEST 1/4 OF SECTION 21. SAID LINE BEARS SOUTH 00'14'37" WEST. 3. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTING DURING REPRODUCTION PROCESSES. LEGEND --� RIGHT OF WAY DEDICATION -- RIGHT OF WAY LINE SECTION LINE ----------- LICENSE AGREEMENT LINE O.R.B. OFFICIAL RECORDS BOOK P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING PG PAGE SEC. SECTION TWP TOWNSHIP RNG RANGE R/W_ RIGHT OF WAY P.S.M. PROFESSIONAL SURVEYOR AND MAPPER N W »> E 0 S 100' GRAPHIC SCALE S (J..". . st' O.R.B. 1532, PG 225 This certifies that a legal description and sketch of the property shown T- hereon was mode under my supervision and that this legal description RIGHT OF WAY I I OOH r I e and sketch meets the standards of practice set forth by the Florida DEDICATION Z KS001437 W Board of Professional Surveyors and Mappers In Chapter 5J-17, Florida m I I I 0' I 146.UT — — Adml this ra Code, pursuant to Section representation Florida Statutes, and i r that this drawing Is a true and accurate representoifon thereof to the 0 I I B7•QQ �_ best of my knowledge and belief. Subject to notes and notations shown aa55 N89'46'15`W 152-39-21-00001-0120-00003.3 hereon., GH a I I i O.R.B.055,ERP PGG 2453 I-i~Ar.RFFMENT _ r_ E.C. DEMETER. P.S.M. NO. 5179 32-39-21-00001-0120-00003.OJ /,_ D 13 —a o '1 -1 CHH ADDISON RESERVE CORP DATE: O� OC S I I I I I D.R.B. 3055, PG 2453 Not valid. without the signature and the originol raised seal of a Florida Licensed Surveyor and Mapper. Y SCALE DATE SHEET NUMBER AS NOTED Kimley>>>Horn 2/2,/18 58th AVENUE F DESIGN_ BY co DFD RIGHT OF WAY DEDICATION .t DRAWN BY © 2010 KIIttEl�HORN AND ASSOGATL£ INC. PRO,ECT NO, 1 Of 2 DFD ++s 217N MEE:772 941E 200, ,tea BEA2-794, 41 329ea 047897026 INDIAN RIVER COUNTY FLORIDA 3 CHECKED BY PHONE 772-78t1JrY FAX: 772-7Y1-41]4 2 ECD MNIM.IOYIEI•-HORN.wu , II ►� WESTCOR POLICY NO. LAND TITLE INSURANCE COMPANY OP-25-FL1394-10294129 OWNER'S POLICY OF TITLE INSURANCE (with Florida Modifications) ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, Westcor Land Title Insurance Company, a South Carolina corporation (the "Company") insures, as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. COVERED RISKS CONTINUED ON NEXT PAGE In Witness Whereof, WESTCOR LAND TITLE INSURANCE COMPANY, has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signa- tory of the Company. Issued By: FL1394 * 2020-5252 Atlantic Coastal Land Title Company, LLC 855 21st Street, Suite C Vero Beach, FL 32960 WESTCOR LAND TITLE INSURANCE COMPANY By: 6AVnW yy++�1�t� INS -*.S EAIAW �I 4esidlet Attest: Secret y OP -25 ALTA Owners Policy o£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, pennit, 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, attomeys' 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 hisured 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. (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)Any governmental policepower. This Exclusion 1(b) does not (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between limit the coverage provided under Covered Risk 7 or 8. Date of Policy and the date of recording of the deed or other 3. Defects, liens, encumbrances, adverse claims, or other matters instrument of transfer in the Public Records that vests Title as shown in Schedule A. OP -25 ALTA Owners Policy ofTitle Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page 2 CONDITIONS 1. DEFINITION OF TERMS The following terns when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The terns "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 constrictive 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 tenn "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 tight 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 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. 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 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. S. 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. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Com- pany pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Com- pany of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration As- sociation may be demanded if agreed to by both the Company and the Insured at the time of a controversy or claim. Arbitrable mat- ters may include, but are not limited to, any controversy or claim be 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 terns 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 detennined 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 terns of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: 875 Concourse Parkway South, Suite 200, Maitland, FL 32751. OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page 5 OWNER'S POLICY OF TITLE INSURANCE (With Florida. Modifications) WESTCOR LAND TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE HOME OFFICE 875 Concourse Parkway South, Suite 200 Maitland, FL 32751 Telephone: (407) 629-5842 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: 4740 58th Avenue, Vero Beach, FL 32967 File Number: Policy Number: Date of Policy: Premium: Amount of Insurance: October 19, 2020 at 2020-5252 OP -25 -FI -1 394- 1:19 PM or recording $575.00 $100,000.00 10294129 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: 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 21 st 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 #: 2020-5252 Policy #: OP-25-FL1394-10294129 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. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Rights or claims of parties in possession not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete survey of the Land. The term "encroachment" includes encroachments of existing improvements located .on the Land onto adjoining land, and encroachments on the Land of existing improvements located on the adjoined land. 4. Easements or claims of easements not shown by the Public Records. 5. Taxes or special assessments which are not shown as existing liens by the public records. 6. Taxes and assessments for the year 2020 and subsequent years, which are not yet due and payable. 7. 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. 8. Restrictions, reservations, setbacks and easements, if any, as indicated and/or shown on that certain Plat recorded in Plat Book 2, at Page(s) 25, of the Public Records of Saint Lucie County, Florida, said land now lying and being in Indian River County, Florida. 9. Reservations to the Trustees of the Internal Improvement Fund of the State of Florida as contained in that certain instrument recorded in Deed Book 59, Page 330, of the Public Records of Indian River County, Florida. (Note: The right of entry has been released pursuant to Florida Statutes 270.11). 10. Acknowledgement of contiguous Sustainable Agricultural Land recorded in Official Records Book 3266, Page 1927, of the Public Records of Indian River County, Florida. Property specific 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.: 2020-5252 Agent No.: FL1394 Policy No.: OP-25-FL1394-10294129 A portion of the Southwest 1/4 of Section 21, Township 32 South, Range 39 East, Indian River County, Florida. Being more particularly described as follows; Commencing at the Northwest corner of the Southwest 1/4 of Section 21, Township 32 South, Range 39 East; Thence, bearing South 00 degrees 14 minutes 37 seconds West, along the West line of Section 21, a distance of 646.69 feet to a point; thence, leaving said West line of Section 21, bearing South 89 degrees 45 minutes 23 seconds East, a distance of 25.00 feet to the East right of way line of 58th Avenue (Kings Highway) and the Point of Beginning of the herein described Parcel; Thence, bearing South 89 degrees 46 minutes 15 seconds East, a distance of 67.00 feet to a point; thence, bearing South 00 degrees 14 minutes 37 seconds West, a distance of 146.07 feet to a point; thence, bearing North 89 degrees 46 minutes 15 seconds West, a distance of 67.00 feet to a point on said East right of way line of 58th Avenue (Kings Highway); thence, bearing North 00 degrees 14 minutes 37 seconds East, along said East right of way line, a distance of 146.07 feet to the Point of Beginning. OP -6S / ALTA 6-17-06 Owner's Policy Exhibit A AAI[RICAN LINO TITtI (WLTIC Edition 4/3/14) Of CE Of Attorney's Matters 05/12/2020 INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners ATTORNEY THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: May 6, 2020 SUBJECT: Purchase of a parcel of right-of-way located at 4740 58th Avenue, Vero Beach, Florida, owned by Paulette Brown Paulette Brown owns a 0.98 acre parcel of property located at 4740 58th Avenue. This site is rectangular in shape with 146 feet of frontage along 58th Avenue and is 293 feet deep. The property is located inside the urban service boundary and is zoned RS -6, single family, up to six units per acre. The property was improved with a 4 bedroom, 3 bath, 2,090 sq. foot wood frame house built in 1990 which included a two car garage. The home was severely damaged by a fire in April 2019 and was demolished late last year. Ms. Brown has hired a contractor to build a new house on the existing lot. Construction of the new house is under way, with the walls and the roof in place. The site also contains a detached storage shed. This property is Ms. Brown's homestead property. An appraisal on the residence before the fire established the value of the entire parcel at $220,000. The partial taking was valued at $44,516. Severance damages may apply as the take will result in a 22% reduction to the size of the property if the Murphy Reservation is ignored or 14% if the Murphy Reservation is used. A copy of the appraisal is available for review at the Board of County Commissioners office. According to the appraisal report, the kitchen and master bath were recently improved within the last 5 years. Updates to other areas of the home appear to have been made to accommodate wheel chair access. On January 7, 2020, the Board approved an unconditional offer of $70,000 to Ms. Brown for purchase of the needed right-of-way for the 58th Avenue Project. Brown 58th Avenue Offer May 7, 2020 Page 12 In order to accommodate the planned improvements to 58th Avenue, the County needs to acquire approximately 0.22 acres from Ms. Brown, 0.08 acres of which is encumbered by a Murphy Reservation. Site improvements lying within the area of take include approximately two thirds of the concrete circular drive, a majority of the front yard aesthetic pond, palm trees and some landscaping. Two brick pillars have been constructed at the entrance to the driveway, but the pillars lie within the Murphy Reservation. The home lies outside of the area of take and will be approximately 70 feet from the new right-of-way line. A copy of the sketch of the part to be taken is attached to this memorandum. On March 5, 2020, a pre -suit mediation was held with Ms. Brown, her son Martin and her attorney, David Holloway. The County was represented by Public Works Director Rich Szpyrka, Acquisition Agent Monique Filipiak, Assistant County Attorney Susan Prado, and Deputy County Attorney Bill DeBraal. The mediator was Tony Rodriguez, Esq., who retired from the Broward County Attorney's Office and worked in the eminent domain section. The appraiser hired by Ms. Brown established a value of the property taken at $252,890, using comparable parcels that included a parcel with frontage on the Sebastian River and a parcel zoned Light Industrial. At the conclusion of the mediation, the mediator asked if the County would present the below offer to the Board for the Board's consideration. Given the amount of staff time invested in this take, the fact that it is the last parcel needed for construction to commence the project and that the offer was not clearly unreasonable, it was agreed that the offer would be presented to the Board for consideration. The mediator pointed out that this is an unusual case as the prior home burned and was demolished. During the course of an eminent domain trial, the jury makes a visit to the property to view the parcel and walk through the home. In the case at hand, the jury visit would be conducted in a new house rather than the old house. Further complicating matters would be the significant changes that have taken place all around the Brown property. Arabella Reserve Subdivision has installed drainage ponds on either side of the Brown property and cleared the land behind the Brown parcel and installed a road and will begin construction on new houses in the subdivision. These changes make it difficult to predict what the jury may ultimately award as damages to Ms. Brown. At the conclusion of the mediation, the Browns offered the following settlement terms: Purchase price of the needed 0.22 acres of right-of-way would be $100,000. During construction of the 58th Avenue improvements, the county's contractor would install an 18-footdriveway at a location to be determined by Ms. Brown. Attorney's fees of $10,000 and expert witness fees of $9,500, both of which are significant reductions. Brown 58th Avenue Offer May 7, 2020 Page 13 • The County's closing agent would work to obtain a partial release of mortgage from Ms. Brown's mortgage holder. The total cost of the acquisition would be $119,500. The County Attorney's Office recommends settlement of this matter for that amount for the reasons set forth above and to avoid future costs which would easily exceed $30,000 if the matter went to trial. The County Administrator does not support the purchase price, costs and fees due to the fact that they far exceed the amount of the $70,000 offer made by the Board earlier this year. Funding: Funding is budgeted and available in account # 31521441-066120-15813, Optional Sale Tax/right-of-way/58th Avenue 4 lanes 26th Street to CR 510. Recommendation: Staff recommends the Board discuss this mediation result and adopt the County Attorney's Office recommendation of a total settlement in the amount of $119,500. Copies to: David Holloway. Rich Szpyrka Monique Filipiak =4�f 49TH STREET SEC, 21, TWP. 32 S., RANGE 39 E. ,'- ------- N.W. CORNER,OF THE S.W. =�4 OFSECTION; 21? 32 -39 "H=2 CANAP RA UNEk ql.W LWE N0RPH, LINE EDF THE SW 1/4 d, ZURVEY-01TS'NOTES i. *91s* A •§kt:fCH OF LEGAL DESCRIPTION ONLY NOT A'B-OUN'DARY RETRACEMENT SOW"EY 2. THE .BEARING BASE FOR THIS SKETCH REFEREk—CES THE WEST LINE OF THE SOUTHWEST 1/4 OF SECTION 21. SAID LINE 6EA§i'S'OUTH 0074*37* WEST.' Z I' U-39,-.-WOM01-0120� -0. DRAWING MAY HAVE z 3., SbAL;�`A:0 - THIS OR I CW AWWWRIMVE, '�RT , � DURING; REPk6b I SITE'All!)WtZ 419V rT BEEN. - DISt 6" 'Ott- 3076e P6119 ().,C BASIS,PF BEAMGMS:LE6ENO IN RIGHT OF WAY DEDICATION C. '00' WEST% srcncW itOF RIGHT .OF WAY LINE SECTION LINE LICENSE AGREEMENT LINE (rn00,11, OFFICIAL RECORDS BOOK P_tpllpj POINT OF COMMENCEMENT TW =ENSE 61 P.O;B, POINT OF BEGINNING AGREEMENT PG PAGE a.lu m1, t SEC. SECTION rutj i Twp� TO*NSHIP cRNG RANGE F00 ADbl%WKMCORPM R/W RIGHT OF WAY dc 011, .0TH A* P.S.Mi PROFESSIONAL SI AL SURVEYOR AND MAPPER Hl matzorosEa AIW UNE m , t103 t 0. S 100' 58A161, WE. I L A ScL GRAPHIC SCALE 2/21/18. AVE INDIAN r af'the. properly shown this legal description forth bY the Florlda I �hoptcr 54-17. Florida 1, Florldo Statutea. and 4aiiaA thereof- to the is and notations shown, J77, 2/21/18. AVE INDIAN r af'the. properly shown this legal description forth bY the Florlda I �hoptcr 54-17. Florida 1, Florldo Statutea. and 4aiiaA thereof- to the is and notations shown, LEGAL DESRIPTLON RIGHT'OF WAYDED'IGATION m - A A PORTION OF THE SOUTHWEST 1 4 F SECTION 21, TOWNSHIP 32 SOUTH. RANGE 39 EAST, INDIAN RIVER COUNTY; .FLORIDA A./EIMORE PARTGCULARLY DESCRIBED AS FOLLOWS; 4 COMMENCING AT THE AORTH.WEST .CORNER: OF THE SOUTHWEST 1/4 OF SECTION .21, TOWNSHIP' 32 -SOUTH, 'RANGE 39 EAST; THENCE,, BEARING SOUTH 00'.714-37" WEST, ALONG THE WEST LINE OF SECTION 21. A, DISTANCE "dF 646,69` FEET TO, A PON' THENCE, LEAVING SAID. WEST LINE OF SECTION 21, BEARING SOUTH 8,45'23" EAST,, A DISTANCE OF 25.00. FEET TO THE EAST RIGHT OF WAY UNE OF 58TH AVENUE (KINGS HIGHWAY) AND . THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH 89`46';1;5" EAST- A DISTANCE :OF 67..00 FEET TO A POINT; THENCE, BEARING SOUTH 00'14'37" WEST, A DISTANC>: ,QF 146.07 FEET TO A POINT; THEN'CE,. BEARING NORTH 89 46.'15 1NES.T, 'A DISTANCE EDF .67.00. FEET TO A POINT ON .SAID EAST RIGHT OF: WAY, LINE OF .58TH AVENUE (KINGS: HIGHWAY, THENCE, BEARING NORTH QO'14?37" EAST, ALONC''SAID .EAST R1GHT 0 WAY LINE', A DISTANCE OF 146.,07 FEET TO THE POINT OF BEGINNING, THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 9,786 SQUARE FEET ,OR 0.22 ACRES, (3E WHICH 3;fi51 SQUARE FEET OR 0,0:8 ACRES, :MORE OR LESS, ARE ENCUMBERED BY TFIE.RESIsRUATI0N5 CONTAINEF IN MURPHY DEE' 0716.. SUBJECT TO ALL EASEMENTS, CONDITIONS AIND. RESTRIC`t1Ol3S a5- GbN7AINED 0THIN- TF E CHAIN f)F TITLE. :° a Kl_r�1i�y>>}[ 1011 58th A.�VENIJE %M "�u�`" �,,A, . -�r,,, RIGHT`C}F 1�VAY DEDICATION 2 0 2 oFo ,a,7a�++u[� Yuma wo tt�et ri<yis�a. G, , „ '''°" "',,, ►. o4 asaoze WOO RIVER COUNTY, FLORIDA Atlantic Coastal Land Title Company, LLC 855 21st Street Suite C Vero Beach, FL 32960 (772) 569-4364 ALTA Combined Settlement Statement File #: 2020-5252 Property. 4740 58th Avenue Settlement Date 10/05/2020 Prepared: 09/25/2020 Vero Beach, FL 32967 Disbursement Date 10/05/2020 Escrow Officer: Jason Beal Buyer Indian River County, a Debit:, Credit " political subdivision of the Primary Charges & Credits State of Florida Seller Paulette Brown Lender Produced by Atlantic Coastal Land Title Company, LLC Using Qualia Page 1 of 2 2020-5252 Printed on 09/25/2020 +onk �w &� t N': Sy` k'� iT.,:.ot b' t •std "e y d" ` +R�" a� s a \a*lAw S3`T �.<k e aY^Tw .. a „SwuNa. ' �e :i ..�"��.'�''} ..bx Y Seller •� .. � Buyer Debit- Credit :. " - , ' ._ Debit:, Credit " Primary Charges & Credits $100,000.00 Sales Price of Property $100,000.00 Government Recording and Transfer Charges Government recording charges $35.50 $28.50 Deed $35.50 Mortgage $ Release $ to Official Records Department Transfer taxes $700.00 --Termination of NOC to Official Records Department $10.00 --Partial Release of Mortgage to Official Records Department $18.50 Title Charges Owner's title insurance to Westcor Land Title Insurance Company $575.00 Title Search Fee to Old Republic/Westcor $85.00 Closing Fee to Atlantic Coastal Land Title Company, LLC $325.00 Digital Archive/File Scanning Fee to Forensis Technologies $35.00 Wire Fee to Atlantic Coastal/CenterState Bank $16.00 Miscellaneous Charges Expert Witness Fees to DAVID W. HOLLOWAY, P.A. $9,500.00 Attorney Fees to DAVID W. HOLLOWAY, P.A. $10,000.00 �4. yA ye,;* Seller' Buyer Debit "" Credit Debit Credit $28.50 $100,000.00 Subtotals $121,271.50 $0.00 Due from Buyer $121,271.50 $99,971.50 Due to Seller $100,000.00 $100,000.00 Totals $121,271.50 $121,271.50 Produced by Atlantic Coastal Land Title Company, LLC Using Qualia Page 1 of 2 2020-5252 Printed on 09/25/2020 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. IndiaW"verun political bdivi on of he to Flo daBY Z g Paulette Brown /�Cou Attorney Date Jd• Settlement Agent Produced by Atlantic Coastal Land Title Company, LLC Using Qualia Page 2 of 2 2020-5252 Printed on 09/25/2020 CLOSING AGREEMENT Seller(s): Paulette Brown Buyer(s): Indian River County, a political subdivision of the State of Florida Closing Agent: Atlantic Coastal Land Title Company, LLC Property Location: 4740 58th Avenue, Vero Beach, FL 32967 The undersigned hereby acknowledge(s) and understand that contracts, affidavits, deeds, loan documents and similarly related documents associated with a real estate transaction are legal and binding documents. The closing agent is here to facilitate and close the transaction but does not represent the parties as legal counsel. If at any time I(we) do not understand the meaning and consequences of any document and its terms and obligations, I(we) have been advised not sign any document before the seeking the advice of an attorney. TAX RE -PRORATION AGREEMENT: If the property tax Bill for the year of closing has not been issued by the Tax Collector at the time of closing, then the tax prorations set forth on the closing statement are based upon an estimate, and that the actual taxes for the calendar year in which "closing" takes place could represent an amount substantially different from that upon which the proration was based. If such a difference is realized, the parties agree that upon demand of the other, to, without unreasonable delay, re -prorate said taxes based on the actual amount of the bill rendered, using formulae standard in the industry, and to make an appropriate, monetary adjustment between themselves. The Closing Agent is not responsible to make further adjustments. AGREEMENT TO COOPERATE: If requested by Lender (if any) or Closing Agent, the parties agree to fully cooperate and adjust for clerical errors, including the execution or re-execution of any reasonable document and/or the remittance of any additional sum. The parties further agree that any amounts of money due others for services rendered in conjunction with subject "closing" (such as balances owed to existing mortgagees, loan costs associated with a new mortgage, survey, termite or roof inspection fees, or other such costs or fees due), not collected or paid for out of closing funds, remain the responsibility of the contracting party to so pay, and the collection and remittance of such fees, costs or indebtedness by the closing agent is a courtesy service provided by the closing agent, with the contracting party remaining liable for payment of any such fees, or shortages, not collected from the obligated party coincident to the "closing". HOMEOWNER'S / CONDOMINIUM ASSOCIATION(S) (IF 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 1 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. Indian River County, a political subdivision of the Paulette Brown- Seller State of Florida Dyl eingold, County Attorney — Buyer Date: Address: Date: �I1�'2,(ao SELLER(S) ADDRESS AND PHONE NUMBER(S) AFTER CLOSING Phone Number(s) Home: Work: E -Mail Address: Other: Page 2 of 2 File No.: 49084907 LTF substantial compliance with construction plans dated _• `County also agrees to construct one 18' driveway at a location to be selected by owner. If necessary, Owner agrees to execute a license agreement, or other similar document, allowing County to enter upon Owner's property in order to harmonize the new driveway with the new right- of-way. 5• The parties agree to use their best efforts towards closing on this transaction within 30 days from the date of obtaining County Commission approval. County, by and through its title company, also agrees to obtain a Partial Release from Mortgage, or other similar document, from the mortgage company, as necessary to convey clear, marketable title and to close on this property. 6. County and Owner acknowledge and agree that the compensation paid for the acquisition in this presuit matter is the result of a compromise between the parties. 7. This presuit mediation settlement agreement is subject to the approval by the Indian River County Commission. All reasonable efforts shall be made in order to present this settlement agreement to the County Commission during the month of April 2020. William K. DeBraal, Deputy County Attorney and authorized Paulette Brown, Owner representative April — 2020 April' 2020 David W. Holloway, Esquire Attorney for Owner April 2020 IN WITNESS WHEREOF, the Board has executed this Presuit Mediated Settlement Agreement as of the date approved below. BOARD OF COUNTY COMMISSIONF1OU Ty ......• ••�a, INDIA VER COUNTY EO usan dams, Chairman ... ........ P° BCC Approved: May 12, 2020 Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency F/ Fff//m William K. DeBraal Deputy County Attorney Approved: By Jason E. Bro n County d Bryn t 0 .2 s n s zr W N 6 P -----_ -� ��--- P.O.C. 49TH STREET _ _ N.W. CORNER OF THE S." _ 0 21 X OF SECTION 21-32-39 I.R.F.W.C.D. SUB -LATERAL INE H-2 CANAL R/W UNE ( I �� R/W L— I i � � NORTH LINE OF SEC. 21, TWP. 32 S., RANGE 39 E. THE SW 1/4 SURVEYOR'S NOTES S00 74 646.69' I ( j / 1. THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. ' I 2. THE BEARING BASE FOR THIS SKETCH 1 1 I I I I i REFERENCES THE WEST LINE OF THE SOUTHWEST 1/4 OF SECTION 21. SAID LINE W z I W l i BEARS SOUTH 00'14'37" WEST. z I CHO ADDISON RESERVE ORP 3. THE SCALE OF THIS DRAWING MAY HAVE � I GHO ADDISON RESERVE CORP SITE ADDRESS, 49TH ST BEEN DISTORTING DURING REPRODUCTION 1 I I I I OR]. 3076, PG 819 PROCESSES. I I 11 I 'I a I I BASIS OF BEARINGS I I I I I —_ LEGEND S00'14'37'W WEST LINE OF 1 I SECTION 21 I I 0 oI I 3 — — � I o I I 10' LICENSE ~AGREEMENT I I I N wIr�i P) i :3 1 W I z I I I I I I 32-39-21-00001-0120-000020 z 1 F GHO ADDISON RESERVE CORP SITE ADDRESS: 4810 581H AVE a I ( ( a I I O.R.B. 3055, PG 1598 W Iz W � I, w I PROPOSED o! j = I I r I �I R/W UNE �I Itn I IZ I I W I 7 I I I al r I ' S89'48_ ' 67.00 I [,_10' LICENSE S89 4513'£ AGREEMENT 25 00' I j j 132-39-21-00001-0120-00003.1 4W ^I1` 1 BROWN, PAULETTE W) I SIIE ADDRESS 4740 58TH AVE O.R.B. P.O.C. P.O.B. PG SEC. TWP RNG R/W P.S.M. RIGHT OF WAY DEDICATION RIGHT OF WAY LINE SECTION LINE LICENSE AGREEMENT LINE OFFICIAL RECORDS BOOK POINT OF COMMENCEMENT POINT OF BEGINNING PAGE SECTION TOWNSHIP RANGE RIGHT OF WAY PROFESSIONAL SURVEYOR AND MAPPER N W -*E 0 S100, GRAPHIC SCALE O.R.B. 1532, PG 225 This certifies that a legal description and sketch of the property shown RIGHT OF WAY r hereon was made under my supervision and that this legal description 1 I 8� , and sketch meets the standards of practice set forth by the Florida SOOT 4 37 W Board of Professional Surveyors and DEDICATION Y y� Mappers in Chapter 5,1-17, Florida I 146,07 Administrative Code, ,pur*Udht`to,Section 472.027, Florida Statutes, and 67.004 I — — that this drawing Is o',ta a 'dnd.ocdurote representation thereof to the t best of my know&dge and belief. Subject to notes and notations shown N89'46'15•W 82-39-21-00001-0126-00003.3 hereon. I I I GHD ADDISON RESERVE CORP —O.R.B. 3055, PC 1453— _ =AGREEMENT E.C. DEMETER.".PS.M..�NQ 51,79r��j,.' rr�� 32-39-21-D N RESERVE CORP � / C ' : / "4A`�a.Ol a GHO ADDISON RESERVE CORP DATE: O.R.B. 3055, PG 2453 Not valid without the signature old' the original raised seal of a Florida 1 I I II Licensed Surveyor and Mapper." L • DATE SHEET NUMBER AS NOTm Mley*Horn 2/21/18 58th AVENUE ocsOHm er p RIGHT OF WAY DEDICATION OSAwn er c 2me �awFr-ROAN u+o AswaATEs. we � Of 2 DFD 445 241H 21AM Stat[ 20e6 vato DFACK R 32"o PROJECT M0, aeaaa.v rHOM 771-»4-4$00 nur 7,2-7,4_„b 047897026 INDIAN RIVER COUNTY FLORIDA ECD WWAWLLY-HORHWM f f ti� Av N LEGAL DESCRIPTION: RIGHT OF WAY DEDICATION A PORTION OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST; THENCE, BEARING SOUTH 00'14'37" WEST, ALONG THE WEST LINE OF SECTION 21, A DISTANCE OF 646.69 FEET TO A POINT; THENCE, LEAVING SAID WEST LINE OF SECTION 21, BEARING SOUTH 89'45'23" EAST, A DISTANCE OF 25.00 FEET TO THE EAST RIGHT OF WAY LINE OF 58TH AVENUE (KINGS HIGHWAY) AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH 89'46'15" EAST, A DISTANCE OF 67.00 FEET TO A POINT; THENCE, BEARING SOUTH 00'14'37" WEST, A DISTANCE OF 146.07 FEET TO A POINT; THENCE, BEARING NORTH 89'46'15" WEST, A DISTANCE OF 67.00 FEET TO A POINT ON SAID EAST RIGHT OF WAY LINE OF 58TH AVENUE (KINGS HIGHWAY); THENCE, BEARING NORTH 00'14'37" EAST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 146.07 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 9,786 SQUARE FEET OR 0.22 ACRES, OF WHICH 3,651 SQUARE FEET OR 0.08 ACRES, MORE OR LESS, ARE ENCUMBERED BY THE RESERVATIONS CONTAINED IN MURPHY DEED #876. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. 5CA'EAS NOTED DATE SHEET NUMBER DESGNED BT K�mley>>)Horn z�zvTB 58th AVENUE DRAW BY _- ©2018 gYIET-HORN AND ASSOCIATES, NC PROJECT NO. RIGHT O F WAY DEDICATION 2 of 2 DFD 4 5 24TH STREET, SITE 300, VEAD BEACK n 33960 CNEExED BT .RDNc 772-"'-"DD'Ax "3-�9<-•Tb oa�e97ozs INDIAN RIVER COUNTY FLORIDA ECO WWO.NWIET-HORN.Co4