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HomeMy WebLinkAbout2022-043Purchased from Cherry Lane Estates, Inc. of Vero Beach Public Purpose: 58th Ave - 33rd St. Intersection ROW Improvements Tax Parcel Portion of # 32393200001009000001.0 RESOLUTION NO. 2022- 043 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 RESOLUTION NO. 2022-043 to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by Indian River County from CHERRY LANE ESTATES, INC. OF VERO BEACH, a Florida profit corporation, for 58th Ave - 33rd St. Intersection Right -of -Way Improvements, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Warranty Deed — Corporate Grantor describing lands, recorded in O.R. Book 3551, Page 1947 of the Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner Flescher, and the motion was seconded by Commissioner Earman , and, upon being put to a vote, the vote was as follows: Commissioner Peter D. O'Bryan AYE Commissioner Joseph H. Earman AYE Commissioner Susan Adams AYE Commissioner Joseph E. Flescher AYE Commissioner Laura Moss AYE The Chairman thereupon declared the resolution duly passed and adopted this 12th day of July, 2022. K RESOLUTION NO. 2022-043 BOARD OF COUNTY COMMISSIONERS INDIA IVER COUNTY, FLORIDA : ;ti+��h�M!Ss%• By 4)A > : *= Peter D. O Bryan, ChairrriAn ATTEST: Jeffrey R. Smith, Clerk ```>�9y. .•oe; of Court and Comptroller By: �ldv ...... Deputy Clerk Tax Certificates Outstanding _ X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney Wl Prepared by: Atlantic Coastal Land Title Company, LLC Record and Return to: Atlantic Coastal Land Title Company, LLC 855 21 st Street Suite C Vero Beach, FL 32960 File No.: 2022-6486 Parcel ID- 32-39-32-00001-0090-00001.0 Property: 5825 33rd Street, Vero Beach, FL 32966 3120220040594 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMfTH, CLERK OF COURT INDIAN RIVER COUNTY FL BK3551 PG' 1947 Page 1 of 4 612712022 12101 PM D DOCTAX PO $182,00 WARRANTY DEED - CORPORATE GRANTOR 4J-1 This Warranty Deed made this day of June, 2022, by and between Cherry Lane Estates, Inc., a Florida corporation, hereinafter called the Grantor-, and Indian River County, a political subdivision of the State of Florida, hereinafter called the Grantee, whose mailing address is 1801 27th Street, Vero Beach, FL 32960, WITNESSETH, that the Grantor, for and in consideration of the sum of $10,00 (Tell and 00/100 Dollars) and other valuable consideration, the receipt whereof is hereby acknowledged, hereby grants, bargains, and sells unto the Grantee, and Grantee's successors, heirs, and assigns forever, all that parcel of land in the County of Indian River, State of Florida, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF TOGETHER with all of the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey this land, that the Grantor hereby fully warrants the title to the land and will defend the same against the lawful claims of all persons whomsoever; and that the land is free of all encumbrances, except taxes accruing subsequent to December 31, 2022, and restrictions, covenants, and casements of record. File No.: 2022-6486 Warranty Deed — Corporate Grantor Page I �q 3 IN WTI -NESS WHEREOF, the Grantor has caused these presents to be executed in its name and its corporate sea] to be hereunto of by its proper officers thereunto duty authorized, the day and year first above written. W1 I N PRItW NT NAME-j('&ai6T)T' STATE OF FLORIDA COUNTY OF INDIAN RIVER Cherry Lane Estates, Inc., a Florida M3 Treasurer as President as [CORPORATE SEA[ ] The foregoing instrument was acknowledged before me by means of ()*sical presence or ( ) online notarization this,2,day of June, 2022 by Gary D. Stanford as President or Cherry Lane Estates, Inc., a FL Corporation, on behalf of the Corporation. Sij�of Notary Public Pri' ., Type/Stamp Name of Notary Personally known: OR Produced Identification: - Type of Identification Produced: Warran�y Deed — Corporate Grantor He No.: 2022-0486 Pop 2 o0 A. BEA gJASON Commission # HH �� I 4rida C,12 13 MY COMM Expires Oct 11, 202, '202, sorL I --.h Nat, led t�roug COal Notar" Assn Warran�y Deed — Corporate Grantor He No.: 2022-0486 Pop 2 o0 EXHIBIT "A" Right of way Acquisition Being a Parcel of land lying in the Southeast One Quarter of Section 32, Township 32 South, Range 39 East; said Parcel also being a portion of those lands described in Official Record Book 578, Page 1291, as recorded in the Public Records of Indian River County, Florida; being more particularly described as follows: Commence at the East One Quarter corner of said Section 32, thence South 00 degrees 13 minutes 40 seconds West, along the East line of said Southeast One Quarter, a distance of 30.08 feet; thence departing said East line, North 89 degrees 46 minutes 20 seconds West, a distance of 25.00 feet to the Point of Intersection with the West right of way line of 58th Avenue and the South right of way line of the Indian River Farms Water Control District Sub -Lateral A-4 Canal, per Plat Book 2, Page 25 of the Public Records of Saint Lucie County (now Indian River County) Florida, said point also being the Point of Beginning of the following described Parcel: thence South 00 degrees 13 minutes 40 seconds West, along said West right of way line, a distance of 635.37 feet to the South line of those lands as described in said Official Record Book 578, Page 1291; thence departing said West line, and along said South line, North 89 degrees 57 minutes 00 seconds West, a distance of 15.00 feet; thence North 00 degrees 13 minutes 40 seconds East (along a line that is 40.00 feet West of, as measured at right angles to, the East line of the Southeast One Quarter of said Section 32) a distance of 610.37 feet; thence North 44 degrees 51 minutes 58 seconds West, a distance of 35.30 feet to a point in the South right of way line of said Indian River Farms Water Control District's Sub -Lateral A-4 Canal; thence South 89 degrees 57 minutes 36 seconds East, along said line (said line being 30 feet South of, as measured at right angles to, the South line of Northeast One Quarter of said Section 32) a distance of 40.00 feet to the Point of Beginning. Warranty Deed — Corporate Grantor File No.: 2022-6486 Page 3 of 3 Sketch andLegalDescripA017 fOr.,' INDIAN RIVER COUNTY RIGHT OF WAY UNE RIGHT OF WAY LINE.: . RIGHT 6 ( WAY UNE RIGHT OF WAY LINE _ ----- ..I 33rd Street All SOUTH UNE OF NORTHEAST 1/4 _ SOUTH LINE OF NORTHWEST 1/4 SECTION 32-32-=39 _ f ;S -in Point of Commencetnei a EAST 1/4 CORNER SECTION 32. 1 TOWNSHIP '32 SOUTH, :RANGE• 39. EAST iUTH RIGHT OF WAY `UNE 589.57'36"E -41C N44'51'58"W-3% Point of .Begins INTERSECTION WEST RIGHT 4 UNE OF 58tH AVENUE, AND. RIGHT OF WAY UNE '33rd co (NOT TO SCALE) SOUTH, PROPERTY UNE N89_57'00"W_ 1 Legend end Abbrevlatlons INC.,m INCORPORATED I.R.F.W4,I). - INDIAN RIVER FARMS WATER CONTROL DISTRICT L ­ LENGTH OF ARC O.MB = OFFICIAL RECORD BOOK ,(P) - PLAT P,B = PLAT BOOK PG = PAGE PBS = PLAT BOOKKST. LUCIE SOL FT. - SQUARE FEET R a RADIUS RMI RIGHT -0F -WAY - 1NDIAN RIVER COUNTY. FL UBUC'WORKS DEPT./ENGINEERING DRAWN .BY: R: INGI£TT 5 2021 N/A APPROVED� SCHRYMR OB NO: 1355 Or Z W 2V SECTION 33--32-39. .R.F.W:C.1) 00'13'4O'W SUB—LATERAL. 30.08' A--4 CANAL 25.00' 26' -__-. w z 33' This is not a 9oundery.survey PROVtOED tN im CrMRETY CONSISTING OF 2 SHEETS WRH SHEET 2 BEINO THE SKETCH OF OESCRIPTION Sketch 84aLeg8/Descript1017 for., INDIANRIVER COUNTY (33rd Stl0_-V 0 WESTCOR POLICY NO. LAND TITLE INSURANCE COMPANY OP-25-FL1394-14154835 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 toss 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 Iocated 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 'a$ of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signa- toryof the Company. WESTCOR LAND TITLE INSURANCE COMPANY Issued By: PL1394 * 2022--6486 Atlantic Coastal Land Title Company, LLC By: /� Q tp 855 21st Street, Suite C Vero Beach, PI, 32960 ?�+'�1iti�= side It ;:�� * ��;,•`'� Attest: Secret OP -25 ALTA Owners Policy of Tide Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) " rage 4. No right of access to and from the Land. S. 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; (e) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforce- ment action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10..Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or at- tached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company.will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following inatters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulat- ing, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improve- ment erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by. the Insured Claimant; (b) not Known to the Company, not recorded in the Public Re- cords at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy;.or (e) resulting in loss or damage that would not have been sus- tained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state . . insolvency, or similar creditors'rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vets Title as shown in Schedule A. Page 2 OP-25'ALTA Owners Policy ofTitle Insurance 6-17-06 (with FLORIDA Modifications) (WLT1C Edition 12/1/17) CONDITIONS 1. DEFINITION OF TERMS The following terns when used in this policy moan: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these.Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, con- solidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without paymentof actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated En- tity of the named Insured, provided the affiliated Entity and the named Insured are both wholly- owned by the same person or Entity, or (4), if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not construc- tive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in ScheduleA, 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 ofwar- 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 Scotian 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 ofTitte Insurance 6-17-06 (with FLORIDA Modifications) (WLTTC Edition 12/1/17) Page 3 other act that in its opinion may be necessary 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. CONDITIONS - CONTINUED or desirable to t d (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, shal l 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 mot 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 en er payment ofthe Amount of Insurance under this policy. together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Compaq 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 OtlrerThan the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name . of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claim- ant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any li- ability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Con- ditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Com- pany will also pay those costs, attorneys' fees, and expenses in- curred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes, the alleged defect, lien, or encumbrance, or cures the lack of a right.of ac- cess to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WL.T1C Edition 1211/17) 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, attomeys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE TheAmount 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 Wheri 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 CIaimant in any transaction or litigation involving these rights and remedies. If apayment on account of a claim does not fully cover the loss of the Insured CIaimant, 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 terns 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 attomeys'.fees only if the laws of the state in which the Land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration, under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY, POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim whether or not based on negligence shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provi- sions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined thepremium charged therefor in reliance upon the law affecting interests in real property and applicable to the -interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity . of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy trust 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) (WL= Edition 1211/17) Page S 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 .I 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: 5825 33rd Street, Vero Beach, FL 32966 File Number: Policy Number: Date of Policy: Premium: Amount of Insurance: June 27, 2022 at $149.50 $26,000.00 2022-6486 OP-25-FL1394- 12:18 PM or recording 14154835 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 5-17-06 Owner's Policy Schedule A and 3 (With Florida Modifications) (WLTtC Edition 6124115) WESTCOR LAND TITLE INSURANCE COMPANY ALTA 6-17-06 OWNER'S POLICY With Florida Modifications File #: 2022-6486 Policy #: OP-25-FL1394-14154835 This policy does not insure against loss or damage, and the Company will not pay costs, attomeys' fees, or expenses that arise by reason of: Exceptions: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments on the Land of existing improvements located on the adjoined land. 3. Easements or clalms of easements not shown by the Public Records. 4. Taxes or special assessments which are not shown as existing liens by the public records. 5. Taxes and assessments for the year 2022 and subsequent years, which are not yet due and payable. 6. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid .,service charges for service by any water, sewer or gas system supplying the insured land. 7. Restrictions, dedications, reservations, setbacks and easements, if any, as indicated and/or shown on that certain plat recorded in Plat Boole 2, at Page(s) 25, of the Public Records of Saint Lucie County, Florida, said lands now lying and being in Indian River County, Florida. 8. Actual acreage is neither insured nor guaranteed. OP -25S t ALTA 6-17-06 Owner's Policy Schedule A and B (With Florida Modifications) (WLTIC Edition 6124/15) WESTCOR LAND TITLE INSURANCE COMPANY ALTA 6-17-06 OWNER'S POLICY With Florida Modifications EXHIBIT A File No.: 2422-6486 Agent No.: FL1394 Policy No.: OP-25-FL1394-14154835 Right of way Acquisition Being a Parcel of land lying in the Southeast One Quarter of Section 32, Township 32 South, Range 39 East; said Parcel also being a portion of those lands described in Official Record Book 578, Page 1291, as recorded in the Public Records of Indian River County, Florida; being more particularly described as follows: Commence at the East One Quarter comer of said Section 32, thence South 00 degrees 13 minutes 40 seconds West, along the East line of said Southeast One Quarter, a distance of 30.08 feet; thence departing said East line, North 89 degrees 46 minutes 20 seconds West, a distance of 25.00 feet to the Point of Intersection with the West right of way line of 58th Avenue and the South right of way line of the Indian River Farms Water Control District Sub -Lateral A-4 Canal, per Plat Book 2, Page 25 of the Public Records of Saint Lucie County (now Indian River County) Florida, said point also being the Point of Beginning of the following described Parcel: thence South 00 degrees 13 minutes 40 seconds West, along said West right of way line, a distance of 635.37 feet to the South line of those lands as described in said Official Record Book 578,.Page 1291; thence departing said West line, and along said South line, North 89 degrees 57 minutes 00 seconds West, a distance of 15.00 feet; thence North 00 degrees 13 minutes 40 seconds East (along a line that is 40.00 feet West of, as measured at tight angles to, the East line of the Southeast One Quarter of said Section 32) a distance of 610.37 feet; thence North 44 degrees 51 minutes 58 seconds West, a distance of 35.30 feet to a point in the South right of way line of said Indian River Farms Water Control District's Sub -Lateral A-4 Canal; thence South 89 degrees 57 minutes. 36 seconds East, along said line (said line being 30 feet South of, as measured at right angles to, the South line of Northeast One Quarter of said Section 32) a distance of 40.00 feet to the Point of Beginning. A..(AICAN t.�n 11 itf OP -6S / ALTA -6-17-06 Owners Policy Exhibit A (WLTIC Edition 413114) u