HomeMy WebLinkAbout2020-188AGREEMENT TO PURCHASE AND SELL REAL ESTATE
BETWEEN INDIAN RIVER COUNTY
AND
WAYNE C. MCCLAIN AND NANCY A. MCCLAIN
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is
made and entered into as of the 15 day of September , 2020, by and between Indian
River County, a political subdivision of the State of Florida ("the County"), Wayne C.
McClain and Nancy A. McClain ("the Seller) who agree as follows:
WHEREAS, Seller owns property located at 3745 58th Avenue, Vero Beach, Florida
32966. A legal description of the property is attached to this agreement as Exhibit "A" and
incorporated by reference herein; and
WHEREAS, the County is scheduled to do road improvements at the 58th Avenue
and 37th Street intersection in the future and the road expansion will impact the Seller's
property; and
WHEREAS, in order to proceed with the road expansion plans, the County needs to
purchase property to be used as right-of-way from landowners adjacent to the 58th
Avenue/37th Street intersection; and
WHEREAS, the County has contacted the Seller and has offered to purchase right-
of-way of approximately 1,855 square feet or 0.042 acres of property as depicted on
Exhibit "A"; and
WHEREAS, the Parties agree this is an arm's length transaction between the Seller
and the County, without the threat of eminent domain.
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants and premises hereinafter recited, the COUNTY and SELLER agree as follows:
1. Recitals. The above recitals are affirmed as being true and correct and are
incorporated herein.
2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County,
and the County hereby agrees to purchase from Seller, upon the terms and conditions set
forth in this Agreement that certain parcel of real property located at 3745 58th Avenue,
Vero Beach, Florida 32966 and more specifically described in the legal description
attached as Exhibit "A", fee simple, containing approximately 0.042 acres, all
improvements thereon, together with all easements, rights and uses now or hereafter
belonging thereto (collectively, the "Property").
2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the
Property shall be $6,500.00 (Six Thousand Five Hundred and 00/100 Dollars). The
Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement
shall be the date upon which the County shall have approved the execution of this
Agreement, either by approval by the Indian River County Board of County Commissioners
at a formal meeting of such Board or by the County Administrator pursuant to his delegated
authority.
2.2 During construction of the improvements to 58th Avenue/37th Street the County will
perform the following:
(a) Drainage. The County will reestablish the swale drainage system to ensure that the
offsite drainage, drainage from the property and the backside of the roadway will
drain south and not affect the property owner.
(b) Sprinkler System. As part of the Purchase Agreement the County will move the
sprinklers to the new right-of-way line in the location requested by the property
owner.
(c) Sod. As part of the Purchase Agreement the County will replace the current sod
with Saint Augustine sod based on the property owner's request.
(d) Culvert. The culvert will be replaced and a new driveway apron will be installed
from the edge of the pavement orsidewalk to the new right-of-way line.
3. Title. Seller shall convey marketable title to the Property by warranty deed free of
claims, liens, easements and encumbrances of record or known to Seller; but subject to
property taxes for the year of Closing and covenants, restrictions and public utility
easements of record provided (a) there exists at Closing no violation of any of the
foregoing; and (b) none of the foregoing prevents County's intended use and development
of the Property ("Permitted Exceptions").
3.1 County may order an Ownership and Encumbrance Report or Title Insurance
Commitment with respect to the Property. County shall within thirty (30) days following the
Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall
be deemed acceptable to County if (a) County fails to deliver notice of defects within the
time specified, or (b) County delivers notice and Seller cures the defects within thirty (30)
days from receipt of notice from County of title defects ("Curative Period"). Seller shall use
best efforts to cure the defects within the Curative Period and if the title defects are not
cured within the Curative Period, County shall have thirty (30) days from the end of the
Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement,
whereupon this agreement shall be of no further force and effect, or (ii) extend the Curative
Period for up to an additional 90 days; or (iii) accept title subject to existing defects and
proceed to closing.
4. Representations of the Seller.
4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the
sole owner of and has good right, title, and authority to convey and transfer the Property
which is the subject matter of this Agreement, free and clear of all liens and
encumbrances.
4.2 From and after the Effective Date of this Agreement, Seller shall take no action
which would impair or otherwise affect title to any portion of the Property, and shall record
1)
no documents in the Public Records which would affect title to the Property, without the
prior written consent of the County.
4.3.1 Seller represents that there are no existing or pending special assessments
affecting the Property, which are or may be assessed by any governmental authority, water
or sewer authority, school district, drainage district or any other special taxing district.
5. Default.
5.1 In the event the County shall fail to perform any of its obligations hereunder, the
Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice
delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor
any other person or party shall have any claim for specific performance, damages, or
otherwise against the County; or (ii) waive the County's default and proceed to Closing.
5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the
County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice
delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor
any other person or party shall have any claim for specific performance, damages or
otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions
hereof; or (iii) waive the Seller's default and proceed to Closing:
6. Closing.
6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date")
shall take place within 45 days following the execution of the contract by the Chairman of
the Board of County Commissioners. The parties agree that the Closing shall be as
follows:
(a) The Seller shall execute and deliver to the County a warranty deed conveying
marketable title to the Property, free and clear of all liens and encumbrances and in the
condition required by paragraph 3.
(b) The Seller shall have removed all of their personal property and equipment from the
Property and shall deliver possession of the Property to County in the same or better
condition that existed at the Effective Date; hereof.
(c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails
to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances.
(d) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County
an affidavit, in a form acceptable to the County, certifying that the Seller and any interest
holders are not subject to tax under the Foreign Investment and Real Property Tax Act of
1980.
(e) The Seller and the County shall each deliver to the other such other documents or
instruments as may reasonably be required to close this transaction.
6.2 Taxes.
(a) All ad valorem taxes which are a lien on the property or on prior to the closing date
Shall be paid by Seller.
(b) All non -valorem taxes, whether not yet assessed not due and payable shall be paid
for by the Seller. The non -ad valorem taxes shall not be prorated, rather they shall be paid
in full by the seller.
7. Closing Costs; Expenses. County shall be responsible for preparation of all Closing
documents.
7.1 County shall pay all expenses at Closing:
7. 1.1 The cost of recording the warranty deed and any release or satisfaction obtained by
Seller pursuant to this Agreement.
7.1.2 Documentary Stamps required to be affixed to the warranty deed.
7.1.3 All costs and premiums for the owner's marketability title insurance commitment and
policy, if any.
7.2. All costs necessary to cure title defect(s) or encumbrances, other than the Seller
Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or
encumbrances upon the Property.
7.3 The estimated closing costs for this purchase transaction is $600.00.
8. Miscellaneous.
8.1 Controlling Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Florida. Venue shall be in Indian River County for all state
court matters, and in the Southern District of Florida for all federal court matters.
8.2 Condemnation. In the event that all or any part of the Property shall be acquired or
condemned for any public or quasi -public use or purpose, or if any acquisition or
condemnation proceedings shall be threatened or begun prior to the Closing of this
transaction, County shall have the option to either terminate this Agreement, and the
obligations of all parties hereunder shall cease, or to proceed, subject to all other terms,
covenants, conditions, representations and warranties of this Agreement, to the Closing of
the transaction contemplated hereby and receive title to the Property; as well as receiving,
however, any and all damages, awards or other compensation arising from or attributable
to such acquisition or condemnation proceedings. County shall have the right to participate
in any such proceedings.
8.3 Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to this transaction and supersedes all prior agreements, written or
oral, between the Seller and the County relating to the subject matter hereof. Any
modification or amendment to this Agreement shall be effective only if in writing and
11
executed by each of the parties.
8.4 Assignment and Binding Effect. Neither County nor Seller may assign its rights and
obligations under this Agreement without the prior written consent of the other party. The
terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and
their successors and assigns.
8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by
certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile
transmission, as follows:
If to Seller: Wayne C. McClain & Nancy A. McClain
374558 th Avenue
Vero Beach, FL 32966
If to County: Indian River County
1801 27th Street
Vero Beach, FL. 32960
Attn: Land Acquisition/Monique Filipiak
Fax Number: (772) 778-9391
Either party may change the information above by giving written notice of such change as
provided in this paragraph.
8.6 Survival and Benefit. Except as otherwise expressly provided herein, each
agreement, representation or warranty made in this Agreement by or on behalf of either
party, or in any instruments delivered pursuant hereto or in connection herewith, shall
survive the Closing Date and the consummation of the transaction provided for herein.
The covenants, agreements and undertakings of each of the parties hereto are made
solely for the benefit of, and may be relied on only by the other party hereto, its successors
and assigns, and are not made for the benefit of, nor may they be relied upon, by any other
person whatsoever.
8.7 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to
this Agreement, each party shall bear its own attorney's fees, costs, and expenses.
8.8. Counterparts. This Agreement may be executed in two or more counterparts, each
one of which shall constitute an original.
8.9. County Approval Required: This Agreement is subject to approval by the Indian
River County Board of County Commissioner or County Administrator as set forth in
paragraph 2.
8.10 Beneficial Interest Disclosure: In the event Seller is a partnership, limited
partnership, corporation, trust, or any form of representative capacity whatsoever for
others, Seller shall provide a fully completed, executed, and sworn beneficial interest
disclosure statement in the form attached to this Agreement as an exhibit that complies
with all of the provisions of Florida Statutes Section 286.23 prior to approval of this
Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a),
5
the beneficial interest in any entity registered with the Federal Securities and Exchange
Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for
sale to the general public, is exempt from disclosure; and where the Seller is a non-public
entity, that Seller is not required to disclose persons or entities holding less than five (5%)
percent of the beneficial interest in Seller.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the
date first set forth above.
. G .......... YDAI,y��s ,t
INDIAN RIVER COUNTY,
BOARD OF COUN COM NSI :"V
cv,
usa Adams, Chair °�F f PWayne C. WcClain Date
ITY,
ate Approved by BCC 09-15-2020
Nancy A. McClai Date
C ,/
ATTEST:
Jeffre . Smith, lerk of Court and Comptroller
B
Deputy Clerk
Me
Jason El Bropn, County-ATministrator
Approved as to Form and Legal Sufficiency:
:County Attorney
0
Sketch and L egga/ Description fora
/ND/AN RIVER COUNTY
Legal Description (Right of Way Acquisition)
BEING THE EAST 15.0 FEET OF THE FOLLOWING DESCRIBED PARCEL TO WIT:
LOT 9, PALM VILLA ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 58,
OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
CONTAINING 1,855 SQUARE FEET, MORE OR LESS
EXHIBIT "A"
Surveyor's Notes
1). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A TOPOGRAPHIC SURVEY PREPARED BY
INDIAN RIVER COUNTY ENGINEERING DEPARTMENT, JOB NO. 1356, DATED JULY 24, 2015.
2). THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS:
(A) PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS, WITH SHEET 2 SHOWING THE
SKETCH OF THE DESCRIPTION.
(B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH
AN EMBOSSED SURVEYOR'S SEAL.
4), THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. THEREFORE,
THERE MAY EXIST EASEMENTS, RESERVATIONS, RESTRICTIONS OR OTHER ENCUMBRANCES NOT SHOWN HEREON,
BUT CAN BE FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
This is not a Boundary Survey
PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS Wayne and Nancy McClain - 3745 58th Avenue
WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION y y _
AGENCY: IND/AN RIVER COUNTY, FL
Pupuc WORKS DEPT./ENG/NEER/NG D/1! Sketch and L egal Description
I DATE: 2119119 I DRAWN BY: R. /NGLETT I
I SCALE: N/A I APPROVED BY: D.SIL ON I
SHEET: > OF 2 I JOB NO:
I -or.-
/ND/AN RIVER COUNTY
(374558th A venue)
Certification
(NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER)
I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY
Legend and Abbreviations
SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID
I.R.F.W.C.D. = INDIAN RIVER FARMS
SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
WATER CONTROL DISTRICT
BELIEF.
L = LENGTH OF ARC
O.R.B.= OFFICIAL RECORD BOOK
I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF
(P) = PLAT
PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF
P.B.= PLAT BOOK
SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE,
PG = PAGE
PBS = PLAT BOOK ST. LUCIE
PURSUANT TO SECTION 472.027 FLORIDA STATE ST ES.
L �
���
A=DELTA ANGLE
SQ. FT. = SQUARE FEET
DATE OF SIGNATURE DAVID M. SIL ON
R = RADIUS
PROFESSIONAL SURVEYOR AND MAPPER
RNV = RIGHT-OF-WAY
FLORIDA CERTIFICATE NO. 6139
This is not a Boundary Survey
PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS Wayne and Nancy McClain - 3745 58th Avenue
WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION y y _
AGENCY: IND/AN RIVER COUNTY, FL
Pupuc WORKS DEPT./ENG/NEER/NG D/1! Sketch and L egal Description
I DATE: 2119119 I DRAWN BY: R. /NGLETT I
I SCALE: N/A I APPROVED BY: D.SIL ON I
SHEET: > OF 2 I JOB NO:
I -or.-
/ND/AN RIVER COUNTY
(374558th A venue)
Sleetcfi 8/7d Legal Descriptlon fora /ND/ANR- 1VER COUNTY
EN
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(NOT TO SCALE)
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Ld Z Z N I JOSIANNE FANFAN ALLEN
SITE ADDRESS: 5775 38th STREET s
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Legend and Abbreviations
I.R.F.W.C.D. = INDIAN RIVER FARMS
WATER CONTROL DISTRICT
L = LENGTH OF ARC
O.R.B.= OFFICIAL RECORD BOOK
(P) = PLAT
P.B.= PLAT BOOK
PG = PAGE
PBS = PLAT BOOK ST. LUCIE
O=DELTA ANGLE
SQ. FT. = SQUARE FEET
R = RADIUS
RNJ = RIGHT-OF-WAY
4GENCY: SND1AN RIMER COUNTY, FL
PL18L/C WOWS DEPT./ENG/NEER/NG 0/1!
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SATE: DRAWN BY:
2/19/19 R. /NGL£TT
�c;ALt: N/A APPROVED BY:
A SIL ON
2 OF 2 POB NO:
This is not a Boundary Survey
PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS
WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION
S/retch ar?d L egal Descrlptlop
fora
INDIAN RIVER COUNTY
(374558th Aventue)
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Ld Z Z N I JOSIANNE FANFAN ALLEN
SITE ADDRESS: 5775 38th STREET s
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PG 2793 c=� `OL -
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SITE ADDRESS: 5776 37th STREET I o
O.R.B. 2501, PG 207 1
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Legend and Abbreviations
I.R.F.W.C.D. = INDIAN RIVER FARMS
WATER CONTROL DISTRICT
L = LENGTH OF ARC
O.R.B.= OFFICIAL RECORD BOOK
(P) = PLAT
P.B.= PLAT BOOK
PG = PAGE
PBS = PLAT BOOK ST. LUCIE
O=DELTA ANGLE
SQ. FT. = SQUARE FEET
R = RADIUS
RNJ = RIGHT-OF-WAY
4GENCY: SND1AN RIMER COUNTY, FL
PL18L/C WOWS DEPT./ENG/NEER/NG 0/1!
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Wayne and Nancy McClain - 3745 58th Avenue
SATE: DRAWN BY:
2/19/19 R. /NGL£TT
�c;ALt: N/A APPROVED BY:
A SIL ON
2 OF 2 POB NO:
This is not a Boundary Survey
PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS
WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION
S/retch ar?d L egal Descrlptlop
fora
INDIAN RIVER COUNTY
(374558th Aventue)
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 2020-5442
Parcel Identification No 32-39-29-00005-0000-00009.0
3120200064814
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3351 PG: 1676 Page 1 of 4 10/28/2020 9:55 AM
D DOCTAX PD $45.50
rSpace Above This Line For Recording
WARRANTY DEED
(STATUTORY FORM — SECTION 689.02, F.S.)
This indenture -made the 21st day of October, 2020 between_Wayne C. McClain And Nancy A. McClain, husband, andL _ --
Wife, whose post office address is 3745 58th Avenue, Vero Beach, FL 32966, of the County of Indian River, State of Florida,
Grantors, to Indian River County, a political subdivision of the State of Florida, whose post office address is 1801 27th Street,
Vero Beach, FL 32960, of the County of Indian River, State of Florida, Grantee:
Witnesseth, that said Grantors, for and in consideration of the sum of TEN DOLLARS (U.S.$10.00) and other good and
valuable considerations to said Grantors in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted,
bargained, and sold to the said Grantee, and Grantee's successors and assigns forever, the following described land, situate, lying and
being in Indian River, Florida, to -wit:
The East 15.0 Feet of the Following Described Parcel:Lot 9, Palm Villa Estates, according to map or plat thereof as recorded
in Plat Book 1, Page 58, of the Public Records of Indian River County, Florida.Also known asLot 9, Block 1, Palm Villa
Estates, according to map or plat thereof as recorded in Plat Book 1, Page 58, of the Public Records of 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 Grantors hereby covenant with the Grantee that the Grantors are lawfully seized of said land in fee simple, that Grantors
have good right and lawful authority to sell and convey said land and that the Grantors hereby fully warrant the title to said land and
will defend the same against the lawful claims, of all persons whomsoever. ---
Warranty Deed
File No.: 2020-5442 Page 1 of 2
In Witness Whereof, Grantors have hereunto set Grantors' hand and seal the day and year first above written.
Signed, sealed and delivered in our presence:
.. ��
ALJ C ` --�"
W C. McClain
Nancy A. McClc
AW -
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me by means of (6),fhysical presence or () online notarization this 21 st day of
October, 2020, by Wayne C McClain and Nancy A McClain.
Sign tie ofNotary Public
Print, Type/Stamp Name of Notary
Personally Known: OR Produced Identification:
Type of Identification
Prniinrari
RM
ASON A. BEALblic - State of Floridaission U HH 012213
. Expires Oct 11, 2024 National Notary Assn,
Warranty Deed
File No.: 2020-5442 Page 2 of 2
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Legend :a)7.d AbbiIYviatibris
T-*RK%W.t). :-' INDIAN RIVER :INPANRIVER*FARms
1VJf TER NTRO, DISTRICT,
ARC
-R 080
P-
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F148 = PLAT bb6k,',ST:Lu
A=DELT
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:SQ, FT. SQUARE f:..E8,T
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(NOT VAUOWJ*QlJ7 THE S NATURE Na. OR] - INA
RAISED SEAL
ALICENSED *SUR VfY,0?AND'
!MAP.PER)
`G1 -IE: SFAhIi7ARI�S:OF
NI[F3�tABV1 T.RATWE CODE*
DATE OF
Lot 1� 0.
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OUROVAND BEUJN*DAW8eY,
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,Palm' Villa Esteatep
.p :, PAGE
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WESTCOR POLICY NO.
LAND TITLE INSURANCE COMPANY OP-25-FL1394-10323316
OWNER'S POLICY OF TITLE INSURANCE
(with Florida Modifications)
ISSUED BY
WESTCOR LAND TITLE INSURANCE COMPANY
Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy
must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE .EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B, AND THE CONDITIONS, Westeor Land Title Insurance Company, a South Carolina corporation (the
"Company") insures, as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or
incurred by the Insured by reason of:
I. 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 perforin 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
improvernents 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 Comnanv.
Issued By: FL1394 * 2020-5442
Atlantic Coastal Land Title Company, LLC
855 21st Street, Suite C
Vero Beach, FL 32960
WESTCOR LAND TITLE INSURANCE COMPANY
uvS� o,� BY
o: ••aPoat;,
--'SEAM' ✓ eside t
as o t993 in,
CA\
,OJ �7,• OO
,t*',..�.�,•� Attest:
Secret y
OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 1.2/1/17) 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 constitutes a preferential transfer under federal bankruptcy,
state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or at-
tached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other
instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but
only to the extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage (a) created, suffered, assumed, or agreed to by the Insured
of this policy, and the Company will not pay loss or damage, costs, Claimant;
attorneys' fees, or expenses that arise by reason of: (b) not Known to the Company, not recorded in the Public Re -
1. (a) Any law, ordinance, permit, or governmental regulation cords at Date of Policy, but Known to the Insured Claimant
(including those relating to building and zoning) restricting, regulat- and not disclosed in writing to the Company by the Insured
ing, prohibiting, or relating to Claimant prior to the date the Insured Claimant became an
Insured under this policy;
(i) the occupancy, use, or enjoyment of the Land; (c) resulting in no loss or damage to the Insured Claimant;
(ii) the character, dimensions, or location of any improve- (d) attaching or created subsequent to Date of Policy; or
ment erected on the Land;
nun the subdivision of land; or (e) resulting in loss or'damage that would not have been sus-
tained if the Insured Claimant had paid value for the Title.
(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.
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 police power. This Exclusion 1(b) does not
(b) a preferential transfer for any reason not stated in Covered
modify or limit the coverage provided under Covered Risk 6.
Risk 9 of this policy.
2. Rights of eminent domain. This Exclusion does not modify or
5. Any lien on the Title for real estate taxes or assessments imposed
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 of Title Insurance 6-17-06 (with FLORIDA Modifications) (WI TIC Edition 12/1/17) Page 2
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance": The amount stated in Schedule A, as
may be increased or decreased by endorsement to this policy,
increased by Section 8(b), or decreased by Sections 10 and 11
of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in
Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability
company, or other similar legal entity.
(d) "Insured": The Insured named in Schedule A.
(i) The 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 plaiming
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 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) (NVLTIC 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 tenns 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 tenns 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 firll 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 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 ofTitle 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: 3745 58th Avenue, Vero Beach, FL 32966
File Number: Policy Number: Date of Policy: Premium: Amount of Insurance:
October 28, 2020 at
2020-5442 OP -25 -FI -1394- 9:55 AM or recording $100.00 $6,500.00
10323316 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 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 #: 2020-5442
Policy #: OP-25-FL1394-10323316
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:
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 Public Records.
4. Taxes or special assessments, if any, 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. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date but prior to the date the proposed Insured acquires for value
of record the estate or interest or mortgage thereon covered by this Commitment.
Restrictions, dedications, reservations, setbacks and easements, if any, as indicated and/or shown on that certain
Plat recorded in Plat Book 1, at Page(s) 58, of the Public Records of Indian River County, Florida.
*The following items, as listed above, are hereby deleted: NONE
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.: 2020-5442
Agent No.: FL1394
Policy No.: OP-25-FL1394-10323316
The East 15.0 Feet of the Following Described Parcel:Lot 9, Palm Villa Estates, according to map or plat thereof as
recorded in Plat Book 1, Page 58, of the Public Records of Indian River County, Florida.Also known asLot 9, Block 1,
Palm Villa Estates, according to map or plat thereof as recorded in Plat Book 1, Page 58, of the Public Records of Indian
River County, Florida.
OP -6S / ALTA 6-17-06 Owner's Policy Exhibit A
!AND TIM
IMTtf
(WLTIC Edition 4/3/14) A�
CLOSING AGREEMENT
Seller(s): Wayne C. McClain and Nancy A. McClain
Buyer(s): Indian River County, a political subdivision of the State of Florida
Closing Agent: Atlantic Coastal Land Title Company, LLC
Property Location: 3745 58th Avenue, Vero Beach, FL 32966
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.
Wayne C. McClain- Seller
Nancy A. McClain
Date:
I an er C ty
4n�
William K. Dear ,Deputy County Attorney -Buyer
Date:
SELLER(S) ADDRESS AND PHONE NUMBER(S) AFTER CLOSING
Address: Phone Number(s)
Home:
Work:
E -Mail Address: Other:
Page 2 of 2
File No.: 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 #: 2020-5442 Property
3745 58th Avenue Settlement Date 10/21/2020
Prepared: 10/14/2020
Vero Beach, FL 32966 Disbursement Date 10/21/2020
Escrow Officer: Jason Beal Buyer
Indian River County, a
political subdivision of the
State of Florida
Seller
Wayne C. McClain and
Nancy A. McClain
Lender
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Primary Charges & Credits
$6,500.00 Sales Price of Property 6,500.00
Government Recording and Transfer Charges
Government recording charges $35.50
Transfer taxes $45.50
Title Charges
Owner's title insurance to Westcor Land Title Insurance Company $100.00
Title Search Fee to Old Republic/Westcor $85.00
Digital Archive/File Scanning Fee to Forensis Technologies $35.00
Closing Fee to Atlantic Coastal Land Title Company, LLC $325.00
02Q
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$0.00 $6,500x00 Subtotals $7,126.00 $0.00
Due from Buyer $7,126.00
$6,500.00 1 1 Due to Seller
$6,500.001 $6,500.00 Totals $7,126.00 1 $7,126.00
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 rause the funds to be disbursed in accordance with this statement.
Indian lover County, a political subdivisi State orida
By:wx'� 20 _ ZO Wayne C McClain Date
William K. DeBraal, Deputy CountyAttomey Date
Nancy A. McClain Date
Settlement Agent Date
Produced by Atlantic Coastal Land Title Company, LLC Page i of 1 2020-5442
Using Qualla arinrP,i nn 1 nil ann7n
CONSENT
INDIAN RIVER COUNTY, FLOR
MEMORANDUM 'X-.Pe , --w F. P.
TO: Jason E. Brown, County Administrator
THROUGH: Richard B. Szpyrka, P.E., Public Works Director
FROM: Monique Filipiak, Land Acquisition Specialist
SUBJECT: Right -of -Way Purchase — 58th Avenue/37th Street Intersection
3745 58th Avenue, Vero Beach, FL 32966
Owners: Wayne C. McClain and Nancy A. McClain
DATE: September 1, 2020
.DESCRIPTION AND CONDITIONS
Wayne C. McClain and Nancy A. McClain own a 0.93 acre improved parcel located at 3745 58th Avenue,
Vero Beach, FL 32966. Staff approached Mr. and Mrs. McClain in reference to purchasing portion of the
parcel. The County needs 0.042 acre of the parcel for right-of-way for road improvements. The subject
property consists of an improved parcel having frontage on 58th Avenue. The property is zoned RS -3
single-family residential district (up to 3 units).
The County obtained an appraisal of the property indicating a value of $4,200.00. The County offered
$4,200.00 to purchase the property. After a few weeks of negotiations all parties agreed on $6,500.00
purchase price, and the County paying all closing costs estimated at $600.00.
FUNDING
Funding is budgeted and available for this expenditure in the amount of $7,100.00 in the Optional
Sales Tax/ROW/58th Ave -37th Street turn lane account. Account # 31521441-066120-15006.
Account Name
Account Number
Amount
Optional Sales Tax/ROW/58th Ave -37th Street Turn
Lane
31521441-066120-15006
$7,100.00
RECOMMENDATION
Staff recommends the Board approve the Purchase Agreement in the amount of $6,500.00, with an
estimated $600 in closing costs to be paid bythe Countyforthe purchase of 0.042 acre property located
at 3745 58th Avenue, Vero Beach, FL 32966, and authorize the Chairman to execute the purchase
agreement on behalf of the Board.
ATTACHMENTS
Purchase Agreement
APPROVED AGENDA ITEM FOR: September 15, 2020