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HomeMy WebLinkAbout2022-1923120220064270 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL 3 BK. 580 PG: 866 Page 1 of 2 10/28/2022 1 A2 PM PREPARED BY AND RETURN TO: Susan J. Prado, Esq. Indian River County Attorney's Office 1801 271 Street, Building A Vero Beach, FL 32960-3365 INDIAN RIVER COUNTY, FLORIDA RELEASE OF RIGHT OF ENTRY AND RESERVATION OF MINERAL RIGHTS KNOW ALL MEN BY THESE PRESENTS: that INDIAN RIVER COUNTY, FLORIDA, a Florida political subdivision, does hereby release any right, reservation, title or interest it may have to any phosphate, metal, mineral, and petroleum interests pursuant to §270.11, Florida Statutes, insofar as said reservation affects the following described lands lying and being in Indian River County, Florida: SEE EXHIBIT "A" ATTACHED HERETO. Which Deed is recorded at O.R. Book 849, Page 2257 of the Public Records of Indian River County, Florida. IN WITNESS WHEREOF, the parties have executed this Release as of the date indicated below. ATTEST: Jeffrey R. Smith, Clerk of Courts And Comptroller By: aNaaAlpo 'bkott--, Deputy Clerk (SEAL) Approve as to f an egal sufficiency: p Susan J. Prado, Asshrmt County Attorney INDIAN RIVER COUNTY, BOARD OF COUNTY COD 0 Peter D. O'Bryan, Chairman COAtM1Ss/o R COUNT �' Approved by BCC: October 4, 2022 Approved as to Jason E. to County Policy: EXHIBIT "A" The West 30 feet of the East 80 feet of Tracts 9 and 16, Section 36, Township 33 South, Range 38 East, according to the last general plat of land of INDIAN RIVER FARMS COMPANY, filed in the office, of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25, said lands now lying and being in Indian River County, Florida. r— AMERICANLAND TITLE ASSOCIATION COMMITMENT FOR TITLE INSURANCE ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY NOTICE IMPORTANT -READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Florida Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I -Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. This page is only a pari of a 2016 ALTyl Commitment for Title Insurance. This Commitment is not valid without (lie !Notice; the Commitment to Issue Policy; the Commitment Conditions; Schednrle A; Schedule B, Part I -Requirements; and Schedule B, 1`01•1 II -Exceptions. Issued through the Office of OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stud ConWay Zuthr GROUP, INC. - 26273 400SecaodAwnueSouth, MimmPolis, Minnesota .5501 inorca Avenue fsl2i3n-t 111 uite One bles, FL 134 N. 7i Hy `,/ ( President * �_1 ignatory N * � � Attest Q�-�t�-�-y� : ; �Q� Scuotary FORM CF6R (8!1!16) (With Florida Modifications) Page 1 of 3 File Number: 588.010 Double7lrne, 9.2 Old Republic National Title Insurance Company AMERICAN LAND TITLE ASSOCIATION COMMITMENT Schedule A Transaction Identification Data for reference only: Commitment Number: Revision Number: 1291759 None Property Address: Loan 1D Number: 74th Ave SW, Vero Beach, . None FL 32966 Commitment Date: June 27, 2022 @ 11:00 PM 2. Policy to be issued: Issuing Office File Number: 588.010 ALTA Universal ID: 1169841 Issuing Office: 26273 Issuing Agent: TOMA TITLE GROUP, INC. Proposed Policy Amount: OWNER'S: ALTA Owner's Policy (6/17/06) (With Florida Modifications) $850,000.00 Proposed Insured: US REAL ESTATE ENTERPRISES OF FLORIDA, LLC, a Florida limited liability company MORTGAGEE: ALTA Loan Policy (6/17/06) (With Florida Modifications) $ Proposed Insured: 3. The estate or interest in the Land described or referred to in this Commitment is FEE SIMPLE. (Identify estate covered, i.e., fee, leasehold, etc.) 4. Title to the estate or utterest in the Land is at the Commitment Date vested in: OCEAN SPRAY CRANBERRIES, INC., a Delaware corporation 5. The Land is described as follows: The West 30 feet of the East 80 feet of Tracts 9 and 16, Section 36, Township 33 South, Range 38 East, according to the last general plat of land of INDIAN RIVER FARMS COMPANY, filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25, said lands now lying and being in Indian River County, Florida. OLD REPUBLIC NATIONAL TITLE INSURANCE COMTANY 400 Second a nth,,llinueoOoltg A nneso►n 55to1, (612} 371-1111 AUTH ZED SIGNATORY This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commibnent is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements, and Schedule B, Part fl— Exceptions. Page I of 4 FORM CF6R SCH. A (VI/16)(With Florida Modifications) DoubleTimeO 9.2 Old Republic National Title Insurance Company AMERICAN LAND TITLE ASSOCIATION COMMITMENT Schedule B -I Issuing Office File Number: 588.010 Requirements All of the following requirements must be met: I. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, nuist be properly authorized, executed, delivered, and recorded in the Public Records. A. Warranty Deed from OCEAN SPRAY CRANBERRIES, INC., a Delaware corporation to the proposed insured purchaser(s). 5. Same Name Affidavit attesting that OCEAN SPRAY CRANBERRIES, INC., a Delaware corporation is one and the same as OCEAN SPRAY CRANBERRIES, INC., a Massachusetts corporation grantee in Warranty Deed recorded in O.R. Book 855, Page 250, recorded in, Public Records of Indian River County, Florida. 6. Satisfactory evidence must be furnished establishing that OCEAN SPRAY CRANBERRIES, INC., a Delaware corporation is duly organized, validly existing, and in good standing under the laws of the jurisdiction of formation from the date of acquisition through the date of transfer. 7. In addition to the requirements set forth for Florida entities, compliance with any requirements necessitated by the laws of the foreign jurisdiction with regard to the specific entity involved in the transaction to be insured must be confirmed. 8. For Florida corporations and foreign corporations authorized to do business in Florida, satisfactory evidence must be provided establishing that the subject property is being sold in the usual and regular course of business and in compliance with the articles of incorporation; if not, satisfactory evidence must be provided complying with Sec. 607.1202, F.S. In addition, for foreign corporations authorized to do business in Florida, satisfactory evidence of compliance with the laws of its state or country must also be provided. For foreign corporations not authorized to do business in Florida satisfactory evidence of compliance with applicable foreign laws must be provided. 9. If the instrument to be insured is to be executed by any person other than the President, Vice President, or Chief Executive Officer, a resolution authorizing said person to execute the instrument on behalf of the corporation must be furnished. 10. Satisfactory evidence must be furnished establishing that US REAL ESTATE ENTERPRISES OF FLORIDA, LLC, a Florida limited liability company is duly organized, validly existing, and in good standing under the laws of the jurisdiction of formation from the date of acquisition through the date of transfer. 11. An update of the title search must be completed just prior to the closing and the commitment must be endorsed to require clearance of, or take exception for, any additional title defects or adverse matters found. 12. FOR INFORMATIONAL PURPOSES ONLY, a 20 -year name search was performed on US REAL ESTATE ENTERPRISES OF FLORIDA, LLC, a Florida limited liability company for unsatisfied judgments and tax liens (state and federal and other liens for the recovery of money) and personal names were checked for unrestored incompetency and for guardianship proceedings, all of which resulted in the following, if any: None This page is only a part of a 2016 ALTA Coimnibnent for Title Insurance. This Commitment is not tialid without the Notice; the ConhmlNnent to Issue Policy; the CohnmUnrent Conditiatt;Schedule A; Schedule B, Part I — Requirements; and Schedule B, Part II— Exceptions. Page 2 of 4 FORM CF6R SCH. B -I (8/1/16XWith Florida Modifications) DoubleTimeO 9.2 Old Republic National Title Insurance Compaiiy AMERICAN LAND TITLE ASSOCIATION COMMITMENT Schedule B -I (Continued) Issuing Office File Number: 588.010 13. Release from Lilian River County, Florida as to automatic phosphate, metals, minerals and petroleum reservations by virtue of Sec. 270.11 (1), F.S., under deed recorded in O.R. Book 849, Page 2257, Public Records of Indian River County, Florida to be recorded. ADDED 14. A determination must be made that there are no unrecorded special assessment liens or unrecorded liens, unpaid waste fees payable to the county or municipality, or unpaid service charges under Ch. 159, F.S., or local ordinance or unrecorded regulatory agreements. This page is only apart of a 2016 ALTA Commitment for Title Laurance. This Commlmient is not r alld irlihoul the Notice; the Commitment to Issue Policy; the Conusitmeni Conditions; Schedtde A; Schedule B, Part I —Requirements; and Schedide B, Part II — Exceptions. Page 3 of 4 FORM CF6R SCK B-1(Continued) (811/16)(Wilh Florida Modifications) DoubleTime® 9.2 Old Republic National Title Insurance Company AMERICAN LAND TITLE ASSOCIATION COMMITMENT Schedule B -II Issuing Office File Number: 588.010 Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the Commitment Date hereof but prior to the date the Proposed Insured acquires for value of record the estate or interest or Mortgage thereon covered by this Commitment. Z. a. General or special taxes and assessments required to be paid in the year 2022 and subsequent years. b. Rights or claims of parties in possession not recorded in the Public Records. C. Any encroachment, encumbrance, violation, variation or adverse circumstance that would be disclosed by an inspection or an accurate and complete land survey of the Land and inspection of the Land. d. Easements or claims of easements not recorded in the Public Records. e. Any lien, or right to a lien, for services, labor or material furnished, imposed by law and not recorded in the Public Records. 3. Any Owner's Policy issued pursuant hereto will contain under Schedule B the following exception: Any adverse ownership claim by the Stale of Florida by right of sovereignly to any portion of the Land insured hereunder, including submerged, filled and artificially exposed lands, and lauds accreted to such lands. 4. Rights of the lessees under unrecorded leases. 5. All canals, ditches, and rights-of-way, if any, over captioned property as reserved on the last general plat of lands of the Indian River Farms Company Subdivision, as set forth in Plat Book 2, Page 25, Public Records of St. Lucie County, Florida; said lands now lying and being in Indian River County, Florida. 6. Easement to Florida Power and Light Company recorded in O.R. Book 373, Page 464, Public Records of Indian River County, Florida. 7. Subject to automatic phosphate, metals, minerals and petroleum reservations by virtue of Sec. 270.11(1), F.S., under deed recorded in O.R. Book 849, Page 2257, Public Records of Indian River County, Florida. Note: This exception may be deleted upon compliance with obtaining release as referenced in in Schedule BI hereof. REVISED This page is only a part of a 2016 ALTA Cmnmitment for Title Insurance. 71ils Commihnent is not valid without the Notice; the Commillment to Issue Policy; the Commihnent Conditions; Schedule A; Schedule B, Part I — Requirements; and Schedule B, Part 11— Exceptions Page 4 of 4 FORM CF611 SCli. B-I1(8/l/l6)(With Florida Modifications) DoubleTlme4l) 9.2 Commitment Conditions DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The teen "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 to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed insured": Each person identified in Schedule A as (lie Proposed Insured of each Policy to be issued pursuant to this Commit►nent. (f) "Proposed Policy Amount": Each dollar anhouut specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under stale statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I -Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. 3. The Compan)'s liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I -Requirements; (f} Schedule 13, Part II -Exceptions; and (g) a counter -signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, Iien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: (i) comply with the Schedule B, Part I -Requirements; (ii) eliminate, with the Companys written consent, any Schedule B, Part II -Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. This page is only a part of a 2016ALT4 Conmritment for Title hrsu rance. This Commitment is not valid without the Notice, the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I — Requirements; and Schedule B, Part 11— Lsceptions. FORM CF6R (8/1/16) (With Florida Modifications) Page 2 of 3 DoubleTimeO 9.2 (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability tinder Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to tine Proposed Insured. (d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (c) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I -Requirements have been met to the satisfaction of the Company. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COl11PANY MUST BE BASED ON THIS COiNIMITIIIENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part Il -Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be tinder the Policy. IF THIS COMMITNIENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO-FORNIA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a conunitment to insure. This page is only a part ofa 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule A Part 1— Requirements; and Schedule B. Part 11— Frceptions. FORM CF6R (8/1116) (With Florida Modifications) Pale 3 of 3 DoubleTime) 9.2