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HomeMy WebLinkAbout2003-022 ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE Commonwealth POLICY NUMBER A LANDAMERICA COMPANY A 02- 006b �28, SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,COMMONWEALTH LAND TITLE INSURANCE COMPANY,a Pennsylvania corporation,herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: I. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs,attorneys' fees and expenses incurred in defense of the title,as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers,the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Attest: / / ��^•✓'/ Secretary President i EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys' fees or expenses which arise by reason of: 1. (a)Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improve- ment now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the affect of any violation of these laws,ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 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 records 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 which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b)the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. A ALTA Owner's Policy(10/17/92) Face Page with Florida Modifications Valid only if Schedules A and B and Cover are attached Form 1190-21 A CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. �c)Whenever the Company shall have brought an action or interposed a de ense as required or permitted by the provisions of this policy, the The following tetras when used in this policy mean: Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right,in its sole discretion, (a) "insured": the insured named in Schedule A, and, subject to any to appeal from any adverse judgment or order. rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law (d) In all cases where this policy permits or requires the Company to as distinguished from purchase including, but not limited to, heirs, prosecute or provide for the defense of any action or proceeding, the distributees, devisees, survivors, personal representatives, next of kin, or insured shall secure to the Company the right to so prosecute or provide corporate or fiduciary successors. defense in the action or proceeding,and all appeals therein,and permit the (b) "insured claimant": an insured claiming loss or damage. Company to use, at its option, the name of the insured for this purpose. c) "knowledge" or "known": actual knowledge, not constructive Whenever requested by the Company, the insured, at the Company's ( g " g expense, shall give the Company all reasonable aid (i) in any action or knowledge or notice which may be imputed to an insured by reason of the proceeding, securing evidence, obtaining witnesses, prosecuting or public records as defined in this policy or any other records which impart defending the action or proceeding, or effecting settlement, and (ii) in any constructive notice of matters affecting the land. other lawful act which in the opinion of the Company may be necessary or (d) "land": the land described or referred to in Schedule A, and desirable to establish the title to the estate or interest as insured. If the improvements affixed thereto which by law constitute real property. The Company is prejudiced by the failure of the insured to furnish the required tern "land" does not include any property beyond the lines of the area cooperation, the Company's obligations to the insured under the policy described or referred to in Schedule A, nor any right , title, interest, estate shall terminate,including any liability or obligation to defend,prosecute,or or easement in abutting streets, roads, avenues, alleys, lanes, ways or continue any litigation, with regard to the matter or matters requiring such waterways, but nothing herein shall modify or limit the extent to which a cooperation. right of access to and from the land is insured by this policy. S. PROOF OF LOSS OR DAMAGE. (e) "mortgage": mortgage, deed of trust, trust deed, or other security In addition to and after the notices required under Section 3 of these instrument. Conditions and Stipulations have been provided the Company, a proof of (f) "public records": records established under state statutes at Date of loss or damage signed and sworn to by the insured claimant shall be Policy for the purpose of imparting constructive notice of matters relating furnished to the Company within 90 days after the insured claimant shall to real property to purchasers for value and without knowledge. With ascertain the facts giving rise to the loss or damage. The proof of loss or respect to Section 1(a) (iv) of the Exclusions From Coverage, "public damage shall describe the defect in, or lien or encumbrance on the title, or records" shall also include environmental protection liens filed in the other matter insured against by this policy which constitutes the basis of records of the clerk of the United States district court for the district in loss or damage and shall state, to the extent possible, the basis of which the land is located. calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss (g)"unmarketability of the title": an alleged or apparent matter affecting or damage,the Company's obligations to the insured under the policy shall the title to the land, not excluded or excepted from coverage, which would terminate, including any liability or obligation to defend, prosecute, or entitle a purchaser of the estate or interest described in Schedule A to be continue any litigation, with regard to the matter or matters requiring such released from the obligation to purchase by virtue of a contractual proof of loss or damage. condition requiring the delivery of marketable title. In addition, the insured claimant may reasonably be required to submit 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE to examination under oath by any authorized representative of the OF TITLE. Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized The coverage of this policy shall continue in force as of Date of Policy in representative of the Company, all records, books, ledgers, checks, favor of an insured only so long as the insured retains an estate or interest correspondence and memoranda, whether bearing a date before or after in the land, or holds an indebtedness secured by a purchase money Date of Policy, which reasonably pertain to the loss or damage. Further, if mortgage given by a purchaser from the insured, or only so long as the requested by any authorized representative of the Company , the insured insured shall have liability by reason of covenants of warranty made by the claimant shall grant its permission, in writing, for any authorized insured in any transfer or conveyance of the estate or interest. This policy representative of the Company to examine , inspect and copy all records, shall not continue in force in favor of any purchaser from the insured of books, ledgers, checks, correspondence and memoranda in the custody or either(i)an estate or interest in the land, or(ii)an indebtedness secured by control of a third party, which reasonably pertain to the loss or damage. a purchase money mortgage given to the insured. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. unless, in the reasonable judgement of the Company, it is necessary in the The insured shall notify the Company promptly in writing i in case of administration of the claim. Failure of the insured claimant to submit for y p y p p y . g O examination under oath, produce other reasonably requested information any litigation as set forth in Section 4(a)below, (ii)in case knowledge shall or grant permission to secure reasonably necessary information from third come to an insured hereunder of any claim of title or interest which is parties as required in this paragraph shall terminate any liability of the adverse to the title to the estate or interest, as insured, and which might Company under this policy as to that claim. cause loss or damage for which the Company may be liable by virtue of this policy, or(iii) if title to the estate or interest, as insured, is rejected as 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; unmarketable. If prompt notice shall not be given to the Company, then as TERMINATION OF LIABILITY. to the insured all liability of the Company shall terminate with regard to In case of a claim under this policy,the Company shall have the following the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the additional options: rights of any insured under this policy unless the Company shall be (a)To Pay or Tender Payment of the Amount of Insurance. prejudiced by the failure and then only to the extent of the prejudice. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF the insured claimant, which were authorized by the Company, up to the INSURED CLAIMANT TO COOPERATE. time of payment or tender of payment and which the Company is obligated to pay. (a) Upon written request by the insured and subject to the options Upon the exercise by the Company of this option, all liability and contained in Section 6 of these Conditions and Stipulations, the Company, obligations to the insured under this policy, other than to make the at its own cost and without unreasonable delay, shall provide for the payment required, shall terminate, including any liability or obligation to defense of an insured in litigation in which any third party asserts a claim defend, prosecute, or continue any litigation, and the policy shall be adverse to the title or interest as insured,but only as to those stated causes surrendered to the Company for cancellation. of action alleging a defect, lien or encumbrance or other matter insured (b)To Pay or Otherwise Settle With Parties Other than the Insured or against by this policy. The Company shall have the right to select counsel With the Insured Claimant. of its choice (subject to the right of the insured to object for reasonable (i) to pay or otherwise settle with other parties for or in the name cause) to represent the insured as to those stated causes of action and shall of an insured claimant any claim insured against under this policy, together not be liable for and will not pay the fees of any other counsel. The with any costs, attorneys' fees and expenses incurred by the insured Company will not pay any fees, costs or expenses incurred by the insured claimant which were authorized by the Company up to time of payment in the defense of those causes of action which allege matters not insured and which the Company is obligated to pay; or against by this policy. (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' (b) The Company shall have the right, at its own cost, to institute and fees and expenses incurred by the insured claimant which were authorized prosecute any action or proceeding or to do any other act which in its by the Company up to the time of payment and which the Company is opinion may be necessary or desirable to establish the title to the estate or obligated to pay. interest, as insured, or to prevent or reduce loss or damage to the insured. Upon the exercise by the Company of either of the options provided for The Company may take any appropriate action under the terms of this in paragraphs(b)(i) or(ii), the Company's obligations to the insured under policy, whether or not it shall be liable hereunder, and shall not thereby this policy for the claimed loss or damage, other than the payments concede liability or waive any provision of this policy. If the Company required to be made,shall terminate,including any liability or obligation to shall exercise its rights under this paragraph,it shall do so diligently. defend, prosecute or continue any litigation. Conditions and Stipulations Continued Inside Cover B 1190-21A 690854.5 POST-CLOSING AGREEMENT HIS POST-CLO �ent") is made and entered into this SING AGREEMENT ("AgreemST TREE VILLAGE CORPORATION, a day of , 2003, by and among LO Florida corporation, ith a principal address at 3399 PGA Boulevard, Suite 260, Palm Beach Gardens, Florida 33410 (the "Seller") and the CITY OF VERO BEACH, a municipality within Indian River County, Florida ("Citv"), whose address is c/o Planning Department, 1053 20th Place, Vero Beach, Florida 32960, the TOWN OF INDIAN RIVER SHORES, a municipality within Indian River County, Florida ("Town"), whose address is c/o Town Offices, 6001 North A1A, Vero Beach, Florida 32963, and INDIAN RIVER COUNTY, a political subdivision in the State of Florida ("Count ), whose address is c/o Planning Department, 1840 25th Street, Vero Beach, Florida 32960 (City, Town and County shall be collectively referred to as "Purchaser"). WHEREAS, Seller and Purchaser entered into that certain Contract for Bargain Sale of Real Estate dated December 17, 2002 ("Contract'), wherein Seller agreed to sell and Purchaser agreed to purchase certain real property located and being in Indian River County, Florida, more particularly described on Exhibit "A" attached hereto (the "Pro ert "); and WHEREAS, certain rights, obligations, covenants, representations, and warranties of the Seller and Purchaser as set forth in the Contract survive the closing of the transaction; and WHEREAS, the Seller and Purchaser wish to outline the surviving rights, obligations, covenants, representations, and warranties of the parties and provide for enforcement rights and remedies upon any breach or nonperformance thereof. NOW, THEREFORE, in consideration of the mutual covenants set forth herein and in the Contract, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows: 1. RECITALS. The above recitations are true and correct and are incorporated herein and made a part hereof. 2. POST-CLOSING OBLIGATIONS. The parties hereto acknowledge and agree that the following represent the rights, obligations, covenants, representations, and warranties of the parties hereto that survive the closing of the transaction pursuant to the Contract (collectively, "Post Closing Obligations"): a. Seller's Representations Warranties and Disclaimers. That all of the representations, warranties, and disclaimers made by the Seller as more fully set forth in Sections 8.1, 8.2, 8.4, 8.5, 8.6, 8.7, 16.2, and 17.1 of the Contract remain true and correct in all material respects on and as of the date hereof, with the same force and effect as though such representations, warranties, and disclaimers had been made on and as of the date hereof. b. Seller's Indemnities. That the indemnities provided by Seller in Sections 9 and 17.1 of the Contract remain in full force and effect as of the date hereof. C. Purchaser's Representations Warranties and Acknowledgments. That all of the representations, .warranties, and acknowledgments made by the Purchaser as more fully set forth in Sections 16.1, 16.2, and 17.1 of the Contract remain true and correct in all 1 material respects on and as of the date hereof, with the same force and effect as though such representations, warranties, and acknowledgments had been made on and as of the date hereof. d. Purchaser's Indemnities. That the indemnities provided by Purchaser in Sections 5.2 and 17.1 of the Contract remain in full force and effect as of the date hereof. e. RIM Plan on McCuller's Point. Seller shall have the right to implement the mitigation and RIM plan on McCuller's Point as required by St. Johns River Water Management District Permit No. 4-061-18848-2 and contained in Permit Application No. 200206732 to the United States Army Corps of Engineers, or as may be required by those agencies. f. Restriction of Property to Conservation and Passive Recreation Uses. The City, Town and County shall (i) each amend their comprehensive plans in the immediately next available comprehensive plan amendment cycle to restrict the use of the Property to conservation and passive recreation uses only, (ii) provide Seller with copies of such proposed amendments during the appropriate phases of approval as well as copies of the final approved amendments and determinations of compliance, and (iii) within twelve (12) months' of the Closing Date, provide Seller with a copy of the fully executed Florida Communities Trust Grant Award Agreement evidencing the restriction of the Property to conservation and passive recreation uses only. Purchaser hereby acknowledges that Seller has a non-exclusive perpetual private right to enforce such conservation restrictions through injunction or other legal proceedings. g. Triangular Piece of McCuller's Point to be Conveyed by Quit-Claim Deed. Purchaser hereby agrees to accept a Quit-Claim Deed from Seller for any right, title, interest, claim and demand which Seller has in and to the following described parcel: That portion of McCuller's Point lying landward of the Mean High Water Line surrounding McCuller's Point contained in the following described tract: From the Southwest corner of Section 19, Township 32 South, Range 40 East, Indian River County, Florida, run North on the West boundary of Section 19, A distance of 2,830 feet to a point of beginning; from said point of beginning continue North on said Section line a distance of 766.91 feet to a point; thence run South 70 degrees, 30 minutes East a distance of 1,031.23 feet to a point; thence run South 66 degrees, 30 minutes West a distance of 1,060 feet to said point of beginning. h. Jeanne D. Andlinger, et al. v. Lost Tree Village Corporation, Indian River County Circuit Court Case No. 20010420 CA 09 ("Andlinger lawsuit"). With regard to the Andlinger lawsuit, pursuant to the terms of the Contract, Purchaser will either (i) provide the required releases, dismissals and/or waivers of any claims against Seller (hereinafter collectively referred to as "Release") on or before Closing, or(ii) close on the Property subject to said lawsuit and fully release Seller from any and all potential liability with regard thereto. In the event Purchaser does not provide Seller the Release required herein on or before Closing, Purchaser hereby agrees to fully release and indemnify (to the extent permitted by Florida law), defend (if requested by Seller) and hold Seller harmless from and against any and all damages, losses, claims, liabilities, deficiencies and obligations of every kind, nature and description 2 (including any and all attorneys' fees and costs), contingent or otherwise, arising out of or related to the Andlinger lawsuit. 3. RIGHTS AND REMEDIES. In the event of a breach or default by one of the parties of any of the foregoing Post-Closing Obligations, the nondefaulting party shall have any and all rights and remedies available in equity or at law, including, but not limited to, injunction proceedings and specific performance, and the right to recover any and all costs expended by the nondefaulting party for enforcement of the breached Post-Closing Obligation. 4. NOTICES. All notices required or permitted hereunder shall be given by hand delivery, or sent by telecopier, or sent by Federal Express or other courier for delivery at the soonest possible time offered by such courier, directed as follows: If to Seller: Lost Tree Village Corporation Attn: Charles M. Bayer, Jr., President 3399 PGA Boulevard, Suite 260 Palm Beach Gardens, Florida 33410 Phone: (561) 626-9711 / Fax: (561) 626-9641 With Copy to: Gunster, Yoakley& Stewart, P.A. Attn.: Ernest A. Cox, Esq. 777 South Flagler Drive, Suite 500 E West Palm Beach, Florida 33401 Phone: (561) 650-0593 /Fax: (561) 655-5677 If to Purchaser: City of Vero Beach c/o Legal Department 1053201h Place Vero Beach, Florida 32960 Phone: / Fax: Town of Indian River Shores c/o Town Offices 6001 North A1A Vero Beach, Florida 32963 Phone: / Fax: Indian River County c/o County Attorney 184025 th Street Vero Beach, Florida 32960 Phone: 772-567-8000 ext. 1425/ Fax: 772-569-4317 Any such notice shall be considered delivered (a) on the date of hand delivery, (b) on the first day after the date of deposit with an overnight courier, (c) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as nondeliverable, as the case may be, if mailed by certified mail, or (d) upon receipt if delivered by facsimile telecommunication before 5:00 p.m. eastern time of any business day with written confirmed transmission received the sender. By giving proper notice as required herein, either 3 party may change its address hereunder. 5. ATTORNEYS' FEES AND COSTS. '-rrr he event of any li igatinn aric_inn .wf Y- rocee Ings as y p any an a expense Te es 6. GOVERNING LAW, VENU AND JURISDIC N. This Agreement and alt transactions contemplated by this Agreement shall be governed by and construed and enforced in accordance with the internal laws of the State of Florida without regard to principles of conflicts of laws. Each of the parties irrevocably and unconditionally (a) agrees that any suit, action or other legal proceeding arising out of or relating to this Agreement may be brought in the courts of record of the State Florida in Indian River County; (b) consents to the jurisdiction of such court in any such suit, action or proceeding; (c) waives any objection which it may have to the laying of venue of any such suit, action or proceeding in such court; and (d) agrees that service of any court paper may be effected on such party by mail as provided in this Agreement, or in such other manner as may be provided under applicable laws or court rules in said State. 7. CAPTIONS. The descriptive captions contained herein are for convenience only and shall not control or affect the meaning or construction of any provision hereof. 8. INTEGRATION. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes any and all other written or oral agreements, representations, documents, memoranda, and understandings between the parties relating to such subject matter. All other terms and provisions of the Contract not specifically mentioned herein shall merge with the transfer of title and shall not survive beyond the closing of the transaction contemplated by the Contract. 9. AMENDMENTS. The provisions of this Agreement may not be amended, supplemented, waived or changed orally, but only by a writing, making specific reference to this Agreement, signed by the party against whom enforcement of any such amendment, supplement, waiver or modification is sought. 10. BINDING EFFECT. This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective legal representatives, successors and assigns. 11. SEVERABILITY. If any part of this Agreement or any other Agreement entered into pursuant hereto is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. Provided, however, that any provision which would be held invalid shall be first construed so as to render the clause valid and enforceable, and in accordance with the intentions of the parties as expressed by this Agreement. 12. THIRD PARTIES. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties hereto and their respective legal representatives, successors and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision give any third persons any right of subrogation or action over or against any party to this Agreement. 4 13. WAIVERS. The failure or delay of any party at any time to require performance by another party of any provision of this Agreement, even if known, shall not affect the right of such party to require performance of that provision or to exercise any right, power or remedy hereunder, and any waiver by any party of any breach of any provision of this Agreement should not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. No notice to or demand on any party in any case shall, of itself, entitle such party to any other or further notice or demand in similar or other circumstances. 14. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [SIGNATURE PAGES FOLLOW] 5 1 } IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates below written. "SELLER" LOST TREE VILLAGE CORPORATION, a Florida corporation By: '"<. Date: CHARLES M. BA R, sident STATE OF ) Ss: COUNTY OF ) On this _'� day of , 2003, before me, the undersigned, a Notary Public in and for the jurisdiction afores , personally appeared CHARLES M. BAYER, JR., as President of LOST TREE VILLAGE CORPORATION known to me to be the person who executed the foregoing instrument for and on behalf of LOST TREE VILLAGE CORPORATION, who is _ personally known to me or_who produced , as identification. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public My Commission Expires: [SEAL] NEREIDAPEREZ-AWAREZ 'v COMMISSION#CC 999106 4 EXPIRES:February 26 2005 Bonded Thru Notary Po61k Underwriters 6 "PURCHASER" CITY OF VERO BEACH, a municipality within Indian River County, Florida � By: _. i1.-.. Date:a? Print name: Title: hr, STATE OF FLOIRIDA ) SS: COUNTY OF INDIAN RIVER ) On this �day of E , 2003, before me, the undersigned, a Notary Public in and for the urisdiction aforesaid, personally appeared . L>2 1 G f-1 eJc.heP- as M ck L4D P-- of the CITY OF VERO BEACH, a municipality within Indian River Countyjlorida, known to me to be the person prsonally ecuted the foregoing instrument for and on behalf of the CITY OF VERO BEACH, who is known to me or _ who produced as identification. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Z) Notary Public My Commission pires [SEAL] TAMMY K POCK MY COMMISSION#CC 900228 EXPIRES:May 6,2004 Ef Bor w ThN Nowy Pu*Wndmflft s 7 "PURCHASER" TOWN OF INDIAN RIVER SHORES, a municipality within Indian River County, Florida By: l Date: In Print name: Title: /22 4u- STATE OF FLORIDA ) SS: COUNTY OF INDIAN RIVER ) On this day of 2003, before me, the undersigned, a -Notary Public in and for the jurisdiction aforesaid, personally appeared �Mo�.S%3•e—"".M." , as C of the TOWN OF INDIAN RIVER SHORES, a municipality within Indian Ri er County, Florida, known to me to be the person who executed the foregoing instrument for and on behalf of the TOWN OF INDIAN RIVER SHORES, who is _ personally known to me or who produced , as identification. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public My Commission Expire : [SEAL] " NEREIN PEREZ-ALVggQ i += MY COMMISSION#CC 999106 . EXPIRES:February 26,2005 .„, Bonded Thru Notary Public Unde,w,hef3 "PURCHASER" INDIAN RIVER COUNTY, a political subdivision in the State of Florida By: Date: S O� Print nam Title: STATE OF FLORIDA ) SS: COUNTY OF INDIAN RIVER ) On this 2gtday of Feb roar u , 2003, before me, the undersigned, a N ry P}� lic in and for the jurisdic 'on aforesaid, personally appeared en n e i rnQ(,h , as C f 0,i o m(A n of INDIAN RIVER COUNTY, a political subdivision in the State of Florida, known to me to be the person who executed the foregoing instrument for and on behalf of INDIAN RIVER COUNTY, who is personally known to me or ✓ who produced as identification. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Publi My Commission Expires: [SEAL] •yb z_ MY COMMISSIeON#CC�85543 assung EXPIRES )uly 15,2003 BONDED THRU TROY FAIN INSURANCE,INC 9 EXHIBIT "A" Legal Descriptions of the Property TO BE CONVEYED BY SPECIAL WARRANTY DEED: Those portions of the following described island parcels of land lying landward of the Mean High Water Line of such islands: TRACT NO. 15 Beginning at a point 320 feet West of the Southeast corner of Section 24, Township 32 South, Range 39 East, being Point A, run North 90 degrees 0 minutes East, 320 feet to Point K. Run North 0 degrees 0 minutes East, 673 feet to Point J, run North 51 degrees 30 minutes West, 810 feet to Point L. Run South 36 degrees 0 minutes West, 260 feet to point W, Run South 26 degrees 07 minutes East, 1,070 feet to Point A, the point of beginning. TRACT NO. 16 Begin at a point 660 feet North of and 282 feet East of the Southwest corner of Section 19, Township 32 South, Range 40 East; thence North 45 degrees 00 minutes East, 100 feet; thence South 45 degrees 00 minutes East, 900 feet; thence South 45 degrees 00 minutes West, 100 feet; thence North 45 degrees 00 minutes West 900 feet, more or less to the point of beginning, lying and being in Section 19, Township 32 South, Range 40 East. TRACT NO. 17 Begin at a point 316 feet West of the Northeast corner of Section 25, Township 32 South, Range 39 East; thence South 26 degrees 07 minutes East, 720 feet; thence South 1,835 feet thence South 28 degrees 15 minutes East, 2,547.40 feet; thence North 57 degrees 00 minutes East, 1,380.00 feet; thence North 19 degrees 00 minutes East, 1,200 feet; thence North 08 degrees 00 minutes East, 768 feet; thence North 49 degrees 00 minutes West, 1,205 feet; thence North 41 degrees 00 minutes West, 1,686 feet; thence North 51 degrees 30 minutes West, 1,116 feet; thence South 673.00 feet; thence West 316 feet, more or less, to the point of beginning, lying and being in Section 25, Township 32 South, Range 39 East, and Section 30, Township 32 South, Range 40 East. TRACT NO. 18 Begin at a point 1,017 feet North of and 2,381 feet West of the Southeast corner of Section 30, Township 32 South, Range 40 East; thence North 79 degrees, 00 minutes West, 238 feet; thence North 11 degrees 00 minutes East, 1,612 feet; thence North 725 feet; thence East 257.5 feet; thence South 725 feet; thence South 11 degrees, 00 10 minutes West, 1,662.4 feet, more or less, to the point of beginning, lying and being in Section 30, Township 32 South, Range 40 East. TRACT NO. 20 Begin at a point 350 feet North of and 2,182 feet West of the Southeast corner of Section 30, Township 32 South, Range 40 East; thence North 250 feet; thence West 110 feet; thence South 250 feet; thence East 110 feet, more or less to the point of beginning, lying and being in Section 30, Township 32 South, Range 40 East. TRACT NO. 25 In Section 19 and 30 of Township 32 South, Range 40 East: Commence at the Southwest corner of Section 19: thence North along the West boundary of Section 19, 700 feet: thence East 683 feet to the point of beginning: thence from the point of beginning North 79 degrees East, 3,130 feet; thence South 830 feet; thence South 69 degrees 45 minutes East, 410 feet; thence South 38 degrees, 30 minutes East, 945 feet; thence South 45 degrees 00 minutes West, 118 feet; thence West 320 feet; thence South 220 feet; thence East 160 feet; thence South 30 degrees East 1,247 feet; thence West 1,915 feet; thence North 44 degrees, 51 minutes West 3,515 feet, to the point of beginning first above described. LESS AND EXCEPT Beginning 700.00 feet North and 683.00 feet East of the Southwest corner of Section 19, Township 32 South, Range 40 East: run South 44 degrees 51 minutes 00 seconds East a distance of 2,755.00 feet for the point of beginning: thence run South 44 degrees 51 minutes 00 seconds East a distance of 760.00 feet; thence run East 1,915 feet; thence run North 60 degrees, 00 minutes, 00 seconds West 745.00 feet; thence run West 500.00 feet; thence South 81 degrees 41 minutes 56 seconds West a distance of 1,316.47 feet to the point of beginning. And also less and except any portion of said tract lying within Lots 34 through 38, Pebble Bay Estates, according to the Plat thereof as recorded in Plat Book 8, Page 17, of the Public Records of Indian River County, Florida; Lots 1, 14, 15, 28 through 32 and 49, Silver Shores Unit 2, according to the Plat thereof, as recorded in Plat Book 4, Page 69, of the Public Records of Indian River County, Florida; and Lots 5 and 6, Bethel Isle, Unit 1, according to the Plat thereof, as recorded in Plat Book 4, Page 35, of the Public Records of Indian River County, Florida. MSA IR 6-A A parcel of land lying in Sections 19 and 30, Township 32 South, Range 40 East, and Section .25, Township 32 South, Range 39 East, Indian River County, Florida, more particularly described as follows: 11 From the Southwest corner of Section 19, Township 32 South, Range 40 East, run due North along Section line a distance of 673 feet to point "J"; thence run South 51 degrees 30 minutes East a distance of 1,116 feet to a point "I" being on the South boundary of Section 19, Township 32 South, Range 40 East; thence run Southwesterly to a point "B", being on the Section line between Sections 25 and 30, Township 32 South, Range 40 East and lying 630 feet South of the Southwest corner of Section 19, Township 32 South, Range 40 East; thence run North 26 degrees 07 minutes West 720 feet to a point "A"; thence run due East 316 feet to the point of beginning. MSA IR 6-B A parcel of land lying in Tract 17 of Indian River Lands in Section 30, Township 32 South, Range 40 East, Indian River County, Florida, as shown on Carter and Damorow map dated May 5, 1930 of Indian River and adjacent lands, and more particularly described as follows: From the Southwest corner of the Northwest quarter of Section 30, Township 32 South, Range 40 East, run North along the Section line to Point "C" in the boundary of Tract 17, said point being the point of beginning; from said point of beginning run North 200 feet; thence run East 1,050 feet; thence run South 600 feet; thence run West to a point in the Southwest boundary of Tract 17; thence run North 28 degrees 15 minutes West in this boundary to the point of beginning. PORTION OF "MCCULLER'S POINT" TO BE CONVEYED BY SPECIAL WARRANTY DEED: That portion of McCuller's Point consisting of lands lying landward of the Mean High Water Line of the following described tract: TRACT NO. 24— McCuller's Point In Section 19, of Township 32 South, Range 40 East: commence at the Southwest corner of Section 19, thence North along the West boundary of Section 19, 1,120 feet; thence East 370 feet to the point of beginning; thence from said point of beginning East 2,270 feet; thence North 37 degrees East 1,290 feet; thence North 62 degrees 45 minutes West 1,646 feet; thence North 70 degrees 30 minutes West 1,038 feet; thence South 66 degrees 30 minutes West 1,060 feet to the West boundary of Section 19; thence South along the West boundary of Section 19, 1,260 feet; thence East 370 feet; thence South 450 feet to the point of beginning first above described. Containing 122.22 acres, more or less. (Last course calculated closure should be: bearing: South 0 degrees 2 minutes West: Distance 507.72 feet; to the point of beginning.) 12 TO BE CONVEYED BY QUIT-CLAIM DEED: Those portions of the following described parcels of submerged land lying below the Mean High Water Line surrounding the islands contained in the following described tracts: TRACT NO. 15 Beginning at a point 320 feet West of the Southeast corner of Section 24, Township 32 South, Range 39 East, being Point A, run North 90 degrees 0 minutes East, 320 feet to Point K. Run North 0 degrees 0 minutes East, 673 feet to Point J, run North 51 degrees 30 minutes West, 810 feet to Point L. Run South 36 degrees 0 minutes West, 260 feet to point W, Run South 26 degrees 07 minutes East, 1,070 feet to Point A, the point of beginning. TRACT NO. 16 Begin at a point 660 feet North of and 282 feet East of the Southwest corner of Section 19, Township 32 South, Range 40 East; thence North 45 degrees 00 minutes East, 100 feet; thence South 45 degrees 00 minutes East, 900 feet; thence South 45 degrees 00 minutes West, 100 feet; thence North 45 degrees 00 minutes West 900 feet, more or less to the point of beginning, lying and being in Section 19, Township 32 South, Range 40 East. TRACT NO. 17 Begin at a point 316 feet West of the Northeast corner of Section 25, Township 32 South, Range 39 East; thence South 26 degrees 07 minutes East, 720 feet; thence South 1,835 feet thence South 28 degrees 15 minutes East, 2,547.40 feet; thence North 57 degrees 00 minutes East, 1,380.00 feet; thence North 19 degrees 00 minutes East, 1,200 feet; thence North 08 degrees 00 minutes East, 768 feet; thence North 49 degrees 00 minutes West, 1,205 feet; thence North 41 degrees 00 minutes West, 1,686 feet; thence North 51 degrees 30 minutes West, 1,116 feet; thence South 673.00 feet; thence West 316 feet, more or less, to the point of beginning, lying and being in Section 25, Township 32 South, Range 39 East, and Section 30, Township 32 South, Range 40 East. TRACT NO. 18 Begin at a point 1,017 feet North of and 2,381 feet West of the Southeast corner of Section 30, Township 32 South, Range 40 East; thence North 79 degrees, 00 minutes West, 238 feet; thence North 11 degrees 00 minutes East, 1,612 feet; thence North 725 feet; thence East 257.5 feet; thence South 725 feet; thence South 11 degrees, 00 minutes West, 1,662.4 feet, more or less, to the point of beginning, lying and being in Section 30, Township 32 South, Range 40 East. 13 1` t TRACT NO. 20 Begin at a point 350 feet North of and 2,182 feet West of the Southeast corner of Section 30, Township 32 South, Range 40 East; thence North 250 feet; thence West 110 feet; thence South 250 feet; thence East 110 feet, more or less to the point of beginning, lying and being in Section 30, Township 32 South, Range 40 East. TRACT NO. 25 In Section 19 and 30 of Township 32 South, Range 40 East: Commence at the Southwest corner of Section 19: thence North along the West boundary of Section 19, 700 feet: thence East 683 feet to the point of beginning: thence from the point of beginning North 79 degrees East, 3,130 feet; thence South 830 feet; thence South 69 degrees 45 minutes East, 410 feet; thence South 38 degrees, 30 minutes East, 945 feet; thence South 45 degrees 00 minutes West, 118 feet; thence West 320 feet; thence South 220 feet; thence East 160 feet; thence South 30 degrees East 1,247 feet; thence West 1,915 feet; thence North 44 degrees, 51 minutes West 3,515 feet, to the point of beginning first above described. LESS AND EXCEPT Beginning 700.00 feet North and 683.00 feet East of the Southwest corner of Section 19, Township 32 South, Range 40 East: run South 44 degrees 51 minutes 00 seconds East a distance of 2,755.00 feet for the point of beginning: thence run South 44 degrees 51 minutes 00 seconds East a distance of 760.00 feet; thence run East 1,915 feet; thence run North 60 degrees, 00 minutes, 00 seconds West 745.00 feet; thence run West 500.00 feet; thence South 81 degrees 41 minutes 56 seconds West a distance of 1,316.47 feet to the point of beginning. And also less and except any portion of said tract lying within Lots 34 through 38, Pebble Bay Estates, according to the Plat thereof as recorded in Plat Book 8, Page 17, of the Public Records of Indian River County, Florida; Lots 1, 14, 15, 28 through 32 and 49, Silver Shores Unit 2, according to the Plat thereof, as recorded in Plat Book 4, Page 69, of the Public Records of Indian River County, Florida; and Lots 5 and 6, Bethel Isle, Unit 1, according to the Plat thereof, as recorded in Plat Book 4, Page 35, of the Public Records of Indian River County, Florida. MSA IR 6-A A parcel of land lying in Sections 19 and 30, Township 32 South, Range 40 East, and Section 25, Township 32 South, .Range 39 East, Indian River County, Florida, more particularly described as follows: From the Southwest corner of Section 19, Township 32 South, Range 40 East, run due North along Section line a distance of 673 feet to point "J."; thence run South 51 degrees 14 . e 30 minutes East a distance of 1,116 feet to a point "I" being on the South boundary of Section 19, Township 32 South, Range 40 East; thence run Southwesterly to a point "B", being on the Section line between Sections 25 and 30, Township 32 South, Range 40 East and lying 630 feet South of the Southwest corner of Section 19, Township 32 South, Range 40 East; thence run North 26 degrees 07 minutes West 720 feet to a point "A"; thence run due East 316 feet to the point of beginning. MSA IR 6-B A parcel of land lying in Tract 17 of Indian River Lands in Section 30, Township 32 South, Range 40 East, Indian River County, Florida, as shown on Carter and Damorow map dated May 5, 1930 of Indian River and adjacent lands, and more particularly described as follows: From the Southwest corner of the Northwest quarter of Section 30, Township 32 South, Range 40 East, run North along the Section line to Point "C" in the boundary of Tract 17, said point being the point of beginning; from said point of beginning run North 200 feet; thence run East 1,050 feet; thence run South 600 feet; thence run West to a point in the Southwest boundary of Tract 17; thence run North 28 degrees 15 minutes West in this boundary to the point of beginning. PORTION OF "MCCULLER'S POINT" TO BE CONVEYED BY QUIT-CLAIM DEED: That portion of the following described parcel of submerged land lying below the Mean High Water Line surrounding McCuller's Point contained in the following described tract: TRACT NO. 24— McCuller's Point In Section 19, of Township 32 South, Range 40 East: commence at the Southwest corner of Section 19, thence North along the West boundary of Section 19, 1,120 feet; thence East 370 feet to the point of beginning; thence from said point of beginning East 2,270 feet; thence North 37 degrees East 1,290 feet; thence North 62 degrees 45 minutes West 1,646 feet; thence North 70 degrees 30 minutes West 1,038 feet; thence South 66 degrees 30 minutes West 1,060 feet to the West boundary of Section 19; thence South along the West boundary of Section 19, 1,260 feet; thence East 370 feet; thence South 450 feet to the point of beginning first above described. Containing 122.22 acres, more or less. (Last course calculated closure should be: bearing: South 0 degrees 2 minutes West: Distance 507.72 feet; to the point of beginning.) And That portion of McCuller's Point (i) lying landward of the Mean High Water Line surrounding McCuller's Point and (ii) submerged lying below the Mean High Water Line surrounding McCuller's Point contained in the following described tract: 15 From the Southwest corner of Section 19, Township 32 South, Range 40 East, Indian River County, Florida, run North on the West boundary of Section 19, A distance of 2,830 feet to a point of beginning; from said point of beginning continue North on said Section line a distance of 766.91 feet to a point; thence run South 70 degrees, 30 minutes East a distance of 1,031.23 feet to a point; thence run South 66 degrees, 30 minutes West a distance of 1,060 feet to said point of beginning. 16 DOR FLORIDA DEPARTMENT OF REVENUE Via— F10240300 RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY DR-21911 .J (PLEASE READ INSTRUCTIONS BEFORE COMPLETING) =i R.07/98 U;;black ink. Enter numbers as shown below. If typing,enter numbers as shown below. I 1. Parcel Identffication Number P fl,:2] 23 (if Parcel ID not available -------; -------- r's Office) please call County Property Appraise 1111[1 Ij Ll I]i 0 Ll 11111 ------"L I]L L 111111 D Transaction is a split Property was improved 2. Mark(x)all Multi-parcel or cutout from with building(s)at time F7 that apply transaction? --, another parcel? of sale/transfer? 3. Grantor(Seller): LOST TREE VILLAGE CORPORATION Last First MI Corporate Name(if applicable) 3399 PGA BLVD. #260 PALM BCH GDNS FL 33410 ( Mailing Address city State Zip Code Phone No. 4. Grantee(Buyer): INDIAN RIVER COUNTY, ET AL. Last First MI Corporate Name(if applicable) 1840 25TH STREET VERO BEACH FL 32960 ( Mailing Address city State Zip Code Phone No. 5. Date of Sale/Transfer Saleffransfer Price [r-----, ------I .. ...... Property lIndian River In Located .03 110 1 L;Lq"L--- L .rrdj Month Day Year (RD to the nearest dollar.) 6. Type of Document ContracVAgreement Other 7. Are any mortgages an the property? If"Yes", YES for Deed outstanding mortgage balance: / NO Warranty Deed Quit Claim (Round to the nearest dollar.) D 11[11—][1 [17[11 Deed 8. To the best of your knowledge,were there unusual circumstances or conditions to the sale/transfer -- such as:Forced sale by court order?Foreclosure pending?Distress Sale?Title defects?Corrective Deed?Mineral rights? L Dill Sale of a partial or undivided interest?Related to seller by blood or marriage. YES NO 9. Was the sale/transfer financed? YES P / 01 NO If'Yes',please indicate type or types of financing: Ll Agreement or Conventional Ll Seller Provided Contract forOther Ij Institutional/ 10. Property Type: Residential Commercial Industrial Agricultural Miscellaneous Government Vacant Acreage Timeshare Mark(x)all F-771 Ix that apply Cents 11. To the best of your knowledge,was personal property YES !NO included in the sale/transfer?If'Yes",please state the R- E�]LE111-----�E-,F1 E ■ 1" J amount attributable to the personal property.(Round to the nearest dollar.) $ r........ i------I--I 12. Amount of Documentary Stamp Tax L41 D[I 13. If no tax is due in number 12,is deed exempt from Documentary Stamp Tax under s.201.02(6),Florida Statutes? YES : :NO NO Under penalties of pequry,I declare that I have read the foregoing return and that the facts stated in it are true.If prepared by someone other Lthan the taxpayer,his/her declaration is based on all information of which he/her has any knowledge. Signature of Grantor or Grantee or Agent I Date WARNING:FAILURE TO FILE THIS RETURN ORALTERNATFVE FORM APPROVED BY THE DEPARTMENT OF REVENUE SHALL RESILT INA PENALTY OF$25-00 INADDrrioN TO ANY OTHER PENALTY IMPOSED BY THE REVENUE LAW OF FLORIDA. To be completed by the Clerk of the Circuit Court's Office Clerks Date Stamp This copy to Property Appraiser : ; : ; ............ ....I ..... O. R. Book j and "l---IF] Page Number Lj ------- and 0 - -[I F1 F 1 -1 1-1 ------i File Number F-EIE][1 111E.... Date Recorded F—j El / 1-11-1 / 1]1-11:111 Month Day Year This copy to Property Appraiser s 4 FDOR10240300 FLORIDA DEPARTMENT OF REVENUEVOFI DR-219 RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY i R.07/98 (PLEASE READ INSTRUCTIONS BEFORE COMPLETING) MET Enter numbers as shown below. If typing,enter numbers as shown below. 1. Parcel Identification Number 0 1 2 3 4 5 6 1 $ 9 0123456789 (If Parcel ID not available please call County Property Appraiser's Office) --* Transaction is a split Property was improved 2. Mark(x)all Multi-parcel or cutout from with building(s)at time that apply transaction? –4 another parcel? of sale/transfer? —► 3. Grantor(Seller): LOST TREE VILLAGE CORPORATION Last First MI Corporate Name(if applicable) 3399 PGA BLVD. #260 PALM BCH GDNS FL 33410 C ) Mailing Address City State Zip Code Phone No. INDIAN RIVER COUNTY, ET AL. 4. Grantee(Buyer): Last First MI Corporate Name('rf applicable) 1840 25TH STREET VERO BEACH FL 32960 ( ) Mailing Address City State Zip Code Phone No. S. Date of Sale/Transfer Sale/Transfer Price 2 5 2003 $ $100 0 Property 41 County Code ■ Located In Month Day Year (Round to the nearest dollar.) 6. Type of Document Contract/Agreement Other T. Are any mortgages on the property? If"Yes", YES X NO for Deed outstanding mortgage balance: Warranty Quit Claim $ Deed X (Round to the nearest dollar.} 00 Deed 8. To the best of your knowledge,were there unusual circumstances or conditions to the sale/transfer such as:Forced sale by court order?Foreclosure pending?Distress Sale?Title defects?Corrective Deed?Mineral rights? Sale of a partial or undivided interest?Related to seller by blood or marriage. YES NO 9. Was the sale/transfer financed? YES NO If"Yes",please indicate type or types of financing: Agreement or Conventional Seller Provided Contract for Deed Other Institutional/ 10. Property Type: Residential Commercial Industrial Agricultural Miscellaneous Government Vacant Acreage Timeshare Mark(x)all X that apply Cents 11. To the best of your knowledge,was personal property YES x NO $ C included in the sale/transfer?If"Yes",please state the • 00 amount attributable to the personal property.(Round to the nearest dollar.) $ 0.00 12. Amount of Documentary Stamp Tax —� 13. if no tax is due in number 12,is deed exempt from Documentary Stamp Tax under s.201.02(6),Florida Statutes? YES NO Under penalties of perjury,I declare that I have read the foregoing return and that the facts stated in it are true.If prepared by someone other Lthan the taxpayer,his/her declaration is based on all information of which he/her has any knowledge. Signature of Grantor or Grantee or Agent Date WARNING:FAILURE TO FILE THIS RETURN OR ALTERNATIVE FORM APPROVED BY THE DEPARTMENT OF REVENUE SHALL RESULT IN A PENALTY OF$25.00 IN ADDITION TO ANY OTHER PENALTY IMPOSED BY THE REVENUE LAW OF FLORIDA_ To be completed by the Clerk of the Circuit Court's Office Clerks Date Stamp This copy to Department of Revenue O. R. Book 1]W 1:1111 and Page Number � and File Number [ O❑000, T1 I!� Date Recorded Ll u / IJ LJ / L__1 I_!`:_ L Month Day Year This copy to Department of Revenue 691554.2 Prepared by and Return to: Karen D. Geller, Esq. Gunster,Yoakley& Stewart, P.A. 800 SE Monterey Commons Blvd.,Ste.200 Stuart, Florida 34996 (772)288-1980 Parcel Identification No.: Grantor's Taxpayer ID No.: 59-0947833 QUIT-CLAIM DEED THIS QUIT-CLAIM DEED made this3�4 day of 2003, by LOST TREE VILLAGE CORPORATION, a Florida corporation ("Grantor"), whose office address is: 3399 PGA Boulevard, Suite 260, Palm Beach Gardens, Florida 33410 to CITY OF VERO BEACH, a municipality within Indian River County, Florida ("City") as to an undivided one-tenth interest, whose address is: c/o Planning Department, 1053 20th Place, Vero Beach, Florida 32960; the TOWN OF INDIAN RIVER SHORES, a municipality within Indian River County, Florida ("Town") as to an undivided one-tenth interest, whose address is: c/o Town Offices, 6001 North A1A, Vero Beach, Florida 32963; and INDIAN RIVER COUNTY, a political subdivision in the State of Florida ("County") as to an undivided eight-tenths interest, whose address is c/o Planning Department, 1840 25th Street, Vero Beach, Florida 32960 (City, Town and County shall be collectively referred to as "Grantee"). [Wherever used herein, the terms "Grantor" and "Grantee" are used for singular or plural, as context requires, and include, bind and inure to the benefit of all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of trustees, corporations,and/or partnerships.] WITNESSETH: That Grantor, for and in consideration of the sum of TEN ($10.00) DOLLARS in hand paid by Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release and quit-claim unto Grantee, forever, all the right, title, interest, claim and demand which Grantor has in and to the following described property, situate, lying and being in Indian River County, Florida, legally described on Exhibit "A" attached hereto and made a part hereof (the "Property"). The Property shall be restricted to conservation and passive recreation uses only. TO HAVE AND TO HOLD, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of Grantor, either in law or equity, to the only proper use, benefit and behoof of Grantee forever. IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: LOST TREE VILLAGE CORPORATION, a Florida corpor ion �►� By: /�f [P ed Witnes me] TN&rL. CHARLES M. BAY R, J , Pre ent [15rinted Witness Name] STATE OF t4k 5 ) COUNTY OF The foregoing Quit-Claim Deed was acknowledged before me this 31sfi day of 7:sp�u'aC ' 2003, by CHARLES M. BAYER, JR., as President of LOST TREE VILLAGE CORPORATION, a Florida corporation, on behalf of the corporation. He is �(] personally known to me or [ ] has produced as identification. Cook, Notary Public - State of am MM �(y1Q p��qy�.�BLICy�MA q ,kq (NOTARY SEAL) 9�N l�Aid890itl117�1A-1EV7-E;bdA"IRES A 25,2M5 ACMING IN WAYNF MUM Y,MI ' a EXHIBIT "A" Legal Description Those portions of the following described parcels of submerged land lying below the Mean High Water Line surrounding the islands contained in the following described tracts: TRACT NO. 15 Beginning at a point 320 feet West of the Southeast corner of Section 24, Township 32 South, Range 39 East, being Point A, run North 90 degrees 0 minutes East, 320 feet to Point K. Run North 0 degrees 0 minutes East, 673 feet to Point J, run North 51 degrees 30 minutes West, 810 feet to Point L. Run South 36 degrees 0 minutes West, 260 feet to point W, Run South 26 degrees 07 minutes East, 1,070 feet to Point A, the point of beginning. TRACT NO. 16 Begin at a point 660 feet North of and 282 feet East of the Southwest corner of Section 19, Township 32 South, Range 40 East; thence North 45 degrees 00 minutes East, 100 feet; thence South 45 degrees 00 minutes East, 900 feet; thence South 45 degrees 00 minutes West, 100 feet; thence North 45 degrees 00 minutes West 900 feet, more or less to the point of beginning, lying and being in Section 19, Township 32 South, Range 40 East. TRACT NO. 17 Begin at a point 316 feet West of the Northeast corner of Section 25, Township 32 South, Range 39 East; thence South 26 degrees 07 minutes East, 720 feet; thence South 1,835 feet thence South 28 degrees 15 minutes East, 2,547.40 feet; thence North 57 degrees 00 minutes East, 1,380.00 feet;thence North 19 degrees 00 minutes East, 1,200 feet; thence North 08 degrees 00 minutes East, 768 feet; thence North 49 degrees 00 minutes West, 1,205 feet; thence North 41 degrees 00 minutes West, 1,686 feet; thence North 51 degrees 30 minutes West, 1,116 feet; thence South 673.00 feet; thence West 316 feet, more or less, to the point of beginning, lying and being in Section 25, Township 32 South, Range 39 East, and Section 30, Township 32 South, Range 40 East. TRACT NO. 18 Begin at a point 1,017 feet North of and 2,381 feet West of the Southeast corner of Section 30, Township 32 South, Range 40 East; thence North 79 degrees, 00 minutes West, 238 feet; thence North 11 degrees 00 minutes East, 1 ,612 feet; thence North 725 feet; thence East 257.5 feet; thence South 725 feet; thence South 11 degrees, 00 minutes West, 1,662.4 feet, more or less, to the point of beginning, lying and being in Section 30, Township 32 South, Range 40 East. TRACT NO. 20 Begin at a point 350 feet North of and 2,182 feet West of the Southeast corner of Section 30, Township 32 South, Range 40 East; thence North 250 feet; thence West 110 feet; thence South 250 feet; thence East 110 feet, more or less to the point of beginning, lying and being in Section 30, Township 32 South, Range 40 East. TRACT NO. 25 In Section 19 and 30 of Township 32 South, Range 40 East: Commence at the Southwest corner of Section 19: thence North along the West boundary of Section 19, 700 feet: thence East 683 feet to the point of beginning: thence from the point of beginning North 79 degrees East, 3,130 feet; thence South 830 feet; thence South 69 degrees 45 minutes East, 410 feet; thence South 38 degrees, 30 minutes East, 945 feet; thence South 45 degrees 00 minutes West, 118 feet; thence West 320 feet; thence South 220 feet; thence East 160 feet; thence South 30 degrees East 1,247 feet; thence West 1,915 feet; thence North 44 degrees, 51 minutes West 3,515 feet, to the point of beginning first above described. LESS AND EXCEPT Beginning 700.00 feet North and 683.00 feet East of the Southwest corner of Section 19, Township 32 South, Range 40 East: run South 44 degrees 51 minutes 00 seconds East a distance of 2,755.00 feet for the point of beginning: thence run South 44 degrees 51 minutes 00 seconds East a distance of 760.00 feet; thence run East 1,915 feet; thence run North 60 degrees, 00 minutes, 00 seconds West 745.00 feet; thence run West 500.00 feet; thence South 81 degrees 41 minutes 56 seconds West a distance of 1,316.47 feet to the point of beginning. And also less and except any portion of said tract lying within Lots 34 through 38, Pebble Bay Estates, according to the Plat thereof as recorded in Plat Book 8, Page 17, of the Public Records of Indian River County, Florida; Lots 1, 14, 15, 28 through 32 and 49, Silver Shores Unit 2, according to the Plat thereof, as recorded in Plat Book 4, Page 69, of the Public Records of Indian River County, Florida; and Lots 5 and 6, Bethel Isle, Unit 1, according to the Plat thereof, as recorded in Plat Book 4, Page 35, of the Public Records of Indian River County, Florida. MSA IR 6-A A parcel of land lying in Sections 19 and 30, Township 32 South, Range 40 East, and Section 25, Township 32 South, Range 39 East, Indian River County, Florida, more particularly described as follows: e From the Southwest corner of Section 19, Township 32 South, Range 40 East, run due North along Section line a distance of 673 feet to point "J"; thence run South 51 degrees 30 minutes East a distance of 1,116 feet to a point "I" being on the South boundary of Section 19, Township 32 South, Range 40 East; thence run Southwesterly to a point "B", being on the Section line between Sections 25 and 30, Township 32 South, Range 40 East and lying 630 feet South of the Southwest corner of Section 19, Township 32 South, Range 40 East; thence run North 26 degrees 07 minutes West 720 feet to a point "A"; thence run due East 316 feet to the point of beginning. MSA IR 6-B A parcel of land lying in Tract 17 of Indian River Lands in Section 30, Township 32 South, Range 40 East, Indian River County, Florida, as shown on Carter and Damorow map dated May 5, 1930 of Indian River and adjacent lands, and more particularly described as follows: From the Southwest corner of the Northwest quarter of Section 30, Township 32 South, Range 40 East, run North along the Section line to Point "C" in the boundary of Tract 17, said point being the point of beginning; from said point of beginning run North 200 feet; thence run East 1,050 feet; thence run South 600 feet; thence run West to a point in the Southwest boundary of Tract 17; thence run North 28 degrees 15 minutes West in this boundary to the point of beginning. That portion of the following described parcel of submerged land lying below the Mean High Water Line surrounding McCuller's Point contained in the following described tract: TRACT NO. 24 — McCuller's Point In Section 19, of Township 32 South, Range 40 East: commence at the Southwest corner of Section 19, thence North along the West boundary of Section 19, 1,120 feet; thence East 370 feet to the point of beginning; thence from said point of beginning East 2,270 feet; thence North 37 degrees East 1,290 feet; thence North 62 degrees 45 minutes West 1,646 feet; thence North 70 degrees 30 minutes West 1,038 feet; thence South 66 degrees 30 minutes West 1,060 feet to the West boundary of Section 19; thence South along the West boundary of Section 19, 1,260 feet; thence East 370 feet; thence South 450 feet to the point of beginning first above described. Containing 122.22 acres, more or less. (Last course calculated closure should be: bearing: South 0 degrees 2 minutes West: Distance 507.72 feet; to the point of beginning.) And e That portion of McCuller's Point (i) lying landward of the Mean High Water Line surrounding McCuller's Point and (ii) submerged lying below the Mean High Water Line surrounding McCuller's Point contained in the following described tract: From the Southwest corner of Section 19, Township 32 South, Range 40 East, Indian River County, Florida, run North on the West boundary of Section 19, A distance of 2,830 feet to a point of beginning; from said point of beginning continue North on said Section line a distance of 766.91 feet to a point; thence run South 70 degrees, 30 minutes East a distance of 1,031.23 feet to a point; thence run South 66 degrees, 30 minutes West a distance of 1,060 feet to said point of beginning. CLOSING STATEMENT 692564.2 PURCHASER: CITY OF VERO BEACH,a municipality within Indian River County, Florida,as to an undivided one-tenth interest TOWN OF INDIAN RIVER SHORES,a municipality within Indian River County, Florida, as to an undivided one-tenth interest INDIAN RIVER COUNTY,a political subdivision in the State of Florida,as to an undivided eight-tenths interest SELLER: LOST TREE VILLAGE CORPORATION,a Florida corporation PURCHASE PRICE: $15,105,000.00 PROPERTY: Lost Tree Islands, Indian River County, FL CLOSING DATE: February 5,2003 SETTLEMENT AGENT: Robert D.Schwartz, P.A. PURCHASER'S CLOSING STATEMENT PURCHASE PRICE: $ 15,105,000.00 PLUS CLOSING COSTS: 1. Recording Fees(Indian River County): $ 117.50 Special Warranty Deed(6 pgs.)=$28.50 Quit-Claim Deed(7 pgs.)=$33.00 Quit-Claim Deed 5 deeds @ 2 pgs.each=$52.50 Quit-Claim Deed-Doc. Stamps=$3.50 2. Owner's Title Insurance Premium&Title Search Fee $ 36,935.00 Owner's Title Insurance Premium$15,105,000=$36,535.00 Title Search=$400.00 TOTAL CLOSING COSTS: $ 37,052.50 LESS CREDITS: 1. Proration of Real Estate Taxes: $ 6,631.92 a. ParcellD#01-32-39-00001-0160-00001/0 $ 4,608.36 $46,722.98/365 days=$128.01 per diem 1/1/03-2/05/03=36 days/36'128.01 =$4,608.36 b. Parcel ID#01-32-39-00001-0250-00001/0 $ 1,847.16 $18,729.61/365 days=$51.31 per diem 1/1/03-2/05/03=36 days/36"51.31=$1,847.16 c. Parcel ID#30-32-40-00000-3000-00001/0 $ 61.92 $629.21/365 days=$1.72 per diem 1/1/03-2/05/03=36 days/36*1.72=$61.92 d. Parcel ID#24-32-39-00001-0150-00001/0 $ 53.64 $542.44/365 days=$1.49 per diem 111103-2/05/03=36 days/36.1.49=$53.64 Continuation of Closino Statement-Page Two e. Parcel ID#25-32-39-00000-1000-00001/0 $ 60.84 $616.45/365 days=$1.69 per diem 1/1/03-2/05/03=36 days/36*1.69=$60.84 TOTAL CREDITS: { $ 6,631.92 ) CASH DUE FROM PURCHASER: $ 15,135,420.58 Continuation of Closing Statement-Page Three SELLER'S STATEMENT PURCHASE PRICE $ 15,105,000.00 Plus Credits: 1. Interest on$500,000.00 Deposit $ 711.00 TOTAL CREDITS: $ 711.00 TOTAL GROSS PROCEEDS DUE SELLER: S 15.105.711.00 LESS CLOSING COSTS: 1. Recording Fees $ 105,735.70 Documentary Stamp Taxes($.70 per$100)-SWD$105,735.00 Documentary Stamp Taxes($.70 per$100)-QCD$-70 2. Proration of Real Estate Taxes: $ 6,631.92 a. Parcel ID#01-32-39-00001-0160-00001/0 $ 4,608.36 $46,722.98/365 days=$128.01 per diem 1/1/03-2/05/03=36 days/36*128.01 =$4,608.36 b. Parcel ID#01-32-39-00001-0250-00001/0 $ 1,847.16 $18,729.61/365 days=$51.31 per diem 1/1/03-2/05/03=36 days/36*51.31=$1,847.16 c. Parcel ID#30-32-40-00000-3000-00001/0 $ 61.92 $629.21/365 days=$1.72 per diem 1/1/03-2/05/03=36 days/36*1.72=$61.92 d. Parcel ID#24-32-39-00001-0150-00001/0 $ 53.64 $542.44/365 days=$1.49 per diem 1/1/03-2/05/03=36 days/36*1.49=$53.64 e. Parcel ID#25-32-39-00000-1000-00001/0 $ 60.84 $616.45/365 days=$1.69 per diem 1/1/03-2/05/03=36 days/36*1.69=$60.84 TOTAL CLOSING COSTS: ( $ 112,367.62 ) CASH DUE TO SELLER AT CLOSING: $ 14,993,343.38 Continuation of Closing Statement-Page Four RECEIPTS RECEIPTS: Deposit held by Robert D.Schwartz, P.A. $ 500,000.00 Interest Due from Robert D. Schwartz, P.A. $ 711.00 Additional Funds Due from Purchaser $ 14,635,420.58 TOTAL RECEIPTS: S 15.136.131.58 DISBURSEMENTS: 1. Indian River County Clerk of the Circuit Court: $ 105,853.20 Recording Fees and Doc Stamps 2. Robert D. Schwartz, P.A.: $ 36,935.00 Title Premium for Owner Policy&Title Search 3. Lost Tree Village Corporation: $ 14,993,343.38 Net Sales Proceeds TOTAL DISBURSEMENTS: $ 15,136,131.58 DISBURSEMENT INSTRUCTIONS 1. Item Nos. 1 and 2 shall be paid by out of the$500,000.00 deposit held by Settlement Agent. 2. Item No.3 shall be wired to Seller by Settlement Agent and Purchaser to Seller in accordance with the following wire instructions: Funds to be wired by Purchaser: $ 14,635,420.58 Funds to be wired by Settlement Agent: $ 357,922.80 $ 14,993,343.38 WIRE TO: Bank The Northern Trust Company ABA# ABA#071-000-152 For Credit to Lost Tree Village Corporation 3399 PGA Blvd.,Suite 260 Palm Beach Gardens,FL 33410 Account No. 907-123-6746 Continuation of Closing Statement-Page Five NOTES 1. All amounts collected for Recording Fees are estimates. Refunds, if any,will be made to Seller or Purchaser,as appropriate, by Settlement Agent after the Closing Date. Seller and Purchaser agree to promptly provide Settlement Agent with additional funds for recording fees, if necessary. 2. Any errors in the amounts reflected on this Closing Statement shall be corrected not later than 30 days after the Closing Date. 3. Each of the undersigned acknowledges that in preparing this Closing Statement, Gunster,Yoakley&Stewart, P.A. has necessarily relied upon information provided by others and therefore cannot warrant the accuracy of such information. 4. This Closing Statement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Dated as of February 5,2003. SELLER: LOST TRE ILLAGE CORPORATION,a Florida orporation By: Al , Print name: CHARLES M. BAYER,JR. Title: President PURCHASER: CITY OF VERO BEACH,a municipality within Indian River County,Florida,as to an undivided o -tent interest By: Print name: ' Title: TOWN OF INDI N RIVER SHORES,a municipality within Indian River County,Florida,as to an undivided o e- nth interest By: By: �. !�L/ Print name: Title: INDIAN RIVER COUNTY,a political subdivision in the State of Florida,as to an undivided eight- tenth . erest By: Print name: E Title: FLORIDA DEPARTMENT OF REVENUE RX" D0240300 R-219 RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY R..07/98 (PLEASE READ INSTRUCTIONS BEFORE COMPLETING) r Use black ink. Enter numbersas shown below. If typin enter be as shown below. ~ 1. Parcel Identification Number M [2]J;41i L?5 (If Parcel ID not available APP se call County Property i +�+ ?__i i._._.f 11 0 LJ�11 L]LJ' '. i 11• f � ! Appraiser's Office -► _f 1-1 Transaction is a split Property was improved 2. Mark(x)all Multi-parcel or cutout from n with building(s)at time that apply transaction? i_•_.; another parcel? t__.,` of sale/transfe(T —► i i LOST TREE VILLAGE CORPORATION 3. Grantor(Seller): Last First MI Corporate Name(if applicable) 3399 PGA BLVD. #260 PALM BCH GDNS FL 33410 ( ) Mailing Address City State Zip Code Phone No. 4. Grantee(Buyer): INDIAN RIVER COUNTY, ET AL. Last First MI Corporate Name(if applicable) 1840 25TH STREET VERO BEACH FL 32960 ( ) Mailing Address City State Zip Code Phone No. 5. Date of Sale/Transfer Salefrransfer Price 0 0 3 ! $ $ 5 0 0 0�0 `�i a In Indian River -••�-- - -- . t_�.- - Month Day Year (Round to the nearest dollar.) 6. Type of Document 1 Contract/Agreement (��Other 7. Are any mortgages on the property? If"Yes", YES `� / L NO `J for Deed (1 outstanding mortgage balance: _-W Warranty Quit Claim x i Deed (Round to the nearest dollar.) 3i i_ j0 V Deed --' 8. To the best of your knowledge,were there unusual circumstances or conditions to the sale/transfer such as:Forced sale by court order?Foreclosure pending?Distress Sale?Title defects?Corrective Deed?Mineral rights? Sale of a partial or undivided interest?Related to seller by blood or marriage. YES - / �NO 9. Was the sale/transfer financed? YES / i NO If"Yes',please indicate type or types of financing: g A regiment or Conventional Seller Provided Contract for Deed Other U Institutional/ 10. Property Type: Residential Commercial Industrial Agricultural Miscellaneous Government Vacant Acreage Timeshare Mark all that apply LJ 0 F1 D n � 11. To the best of •_._ n 1_____ '_____1 your knowledge,was personal property YES / ix NO ` io nt0 included in the sale/transfer?If"Yes",please state the i_____.l _____i _____ F1 ■ ... amount attributable to the personal property.(Round to the nearest dollar.) $ I Ir ! I 12. Amount of Documentary Stamp Tax 13. If no is due in number 12,is deed exempt from Documentary Stamp Tax under s.201-02(6),Florida Statutes? YES !�' / NO f---. Under penalties of perjury,I declare that I have read the foregoing return and that the facts stated in it are true.If prepared by someone other than the taxpayer,his/her declaration is based on all information of which he/her has any knowledge. Signature of Grantor or Grantee or Agent Date WARNING:FAILURE TO FILE THIS RETURN ORALTERNATIVE FORM APPROVED BY THE DEPARTMENT OF REVENUE SHALL RESULT INA PENALTY OF$25.00 IN ADDITION MANY OTHER PENALTY IMPOSED BY THE REVENUE LAW OF FLORIDA. To be completed by the Clerk of the Circuit Court's Office Clerks Date Stamp This copy to Property Appraiser O. R. Book and ............. Page Number and File Number L__I Date Recorded El El / I-___!L-__1 -11 1 11 Month Day Year This copy to Property Appraiser FDOR1024M FLORIDA DEPARTMENT OF REVENUE DR-219 RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY 1N R.07/98 (PLEASE READ INSTRUCTIONS BEFORE COMPLETING) XT Enter numbers as shown below. If typing,enter numbers as shown below. 1. Parcel Identification Number 0 1 2 3 4 5 6 7 8 9 0123456789 (If Parcel ID not available please call County Property Appraiser's Office) --* Transaction is a split Property was improved 2. Mark(x)all Multi-parcel or cutout from with building(s)at time that apply transaction? —► another parcel? ► of sale/transfer? --► 3. Grantor(Seller): LOST TREE VILLAGE CORPORATION Last First MI Corporate Name(if applicable) 3399 PGA BLVD. #260 PALM BCH GDNS FL 33410 ( ) Mailing Address City State Zip Code Phone No. INDIAN RIVER COUNTY, ET AL. 4. Grantee(Buyer): Last First MI Corporate Name(if applicable) 1840 25TH STREET VERO BEACH FL 32960 ( ) Mailing Address City State Zip Code Phone No. 5. Date of Salefrransfer Salefrransfer Price 2 5 2003 $ $15105000 0 0 LProocam' 41 County Code ■ Located In Month Day Year (Round to the nearest dollar.) 6. Type of Document Contract/Agreement Other 7. Are any mortgages on the property? If"Yes", YES x NO for Deed outstanding mortgage balance: x Warranty OUR Claim Deed (Round to the nearest dollar.} 105735 00 Deed 8. To the best of your knowledge,were there unusual circumstances or conditions to the sale/transfer such as:Forced sale by court order?Foreclosure pending?Distress Sale?Title defects?Corrective Deed?Mineral rights? YES NO Sale of a partial or undivided interest?Related to seller by blood or marriage. 9. Was the sale/transfer financed?YES NO If"Yes",please indicate type or types of financing: Agreement or Conventional Seller Provided Contract for Deed Other Institutional/ 10. Property Type: Residential Commercial Industrial Agricultural Miscellaneous Government Vacant Acreage Timeshare Mark(x)all x that apply Cents 11. To the best of your knowledge,was personal property YES X NO $ O s included in the sale/transfer?If"Yes",please state the amount attributable to the personal property.(Round to the nearest dollar.) $ 0.00 12. Amount of Documentary Stamp Tax — - 13. If no tax is due in number 12,is deed exempt from Documentary Stamp Tax under s.201.02(6),Florida Statutes? YES NO Under penalties of perjury,I declare that I have read the foregoing return and that the facts stated in it are true.If prepared by someone other than the taxpayer,his/her declaration is based on all information of which he/her has any knowledge. Signature of Grantor or Grantee or Agent 11Date WARNING:FAILURE TO FILE THIS RETURN OR ALTERNATIVE FORM APPROVED BY THE DEPARTMENT OF REVENUE SHALL RESULT IN A PENALTY OF$25.00 IN ADDITION TO ANY OTHER PENALTY IMPOSED BY THE REVENUE LAW OF FLORIDA_ To be completed by the Clerk of the Circuit Court's Office Clerks Date Stamp This copy to Department of Revenue O. R. Book ^0-111-1 ands;❑ Page Number !_ and _ _,L_t L� 1 j t_J F �r 11111111 File Number L I.J. Date Recorded !�I-1 LJ I�1 !_I I_! I Month Day Year This copy to Department of Revenue f 691071.2 Prepared by and Return to: Karen D.Geller,Esq. Gunster,Yoakley&Stewart,P.A. 800 SE Monterey Commons Blvd.,Ste.200 Stuart,Florida 34996 (772)288-1980 Parcel Identification No.: Grantor's Taxpayer ID No.: 59-0947833 SPECIAL WARRANTY DEED T THIS SPECIAL WARRANTY DEED made this-3l5 day of c,+,,,nv�.11ri. , 2003, by LOST TREE VILLAGE CORPORATION, a Florida corporation ("Grantor'),Vhose office address is: 3399 PGA Boulevard, Suite 260, Palm Beach Gardens, Florida 33410 to CITY OF VERO BEACH, a municipality within Indian River County, Florida ("City") as to an undivided one-tenth interest, whose address is: c/o Planning Department, 1053 20th Place, Vero Beach, Florida 32960; the TOWN OF INDIAN RIVER SHORES, a municipality within Indian River County, Florida ("Town") as to an undivided one-tenth interest, whose address is: c/o Town Offices, 6001 North A1A, Vero Beach, Florida 32963; and INDIAN RIVER COUNTY, a political subdivision in the State of Florida ("County") as to an undivided eight-tenths interest, whose address is c/o Planning Department, 1840 25th Street, Vero Beach, Florida 32960 (City, Town and County shall be collectively referred to as "Grantee"). [Wherever used herein, the terms "Grantor" and "Grantee" are used for singular or plural, as context requires, and include, bind and inure to the benefit of all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of trustees, corporations,and/or partnerships.] WITNESSETH: That Grantor for and in consideration of the sum of TEN AND NO/100 U.S. DOLLARS (U.S. $10.00) paid to Grantor and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, by these presents does hereby GRANT, BARGAIN, SELL, ALIEN, REMISE, RELEASE, CONVEY, and CONFIRM unto Grantee, in fee simple, that certain land located in Indian River County, Florida, legally described on Exhibit "A" attached hereto and made a part hereof(the "Property"). This conveyance is made subject to those certain matters set forth in Exhibit "B", attached hereto and incorporated herein by reference (the "Permitted Exceptions"). The Property shall be restricted to conservation and passive recreation uses only. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances pertaining thereto, unto Grantee and Grantee's successors and assigns forever. And Grantor hereby covenants with Grantee that at the time of the delivery of this Special Warranty Deed, the Property is free from all encumbrances other than the Permitted Exceptions and that Grantor will warrant and defend the same against the lawful claims and demands of all persons claiming by, through or under Grantor, but against none other. IN WITNESS WHEREOF, Grantor has caused these presents to be executed by its duly authorized officer the day and year first above written. Signed, sealed and delivered in the presence of: LOST TREE VILLAGE CORPORATION, a Florida corpor ion 4 By: 0l• [Pripted Witness ej CHARLES M. BAY , J Pre ent &ook. [Printed Witness Name] STATE OF 1 ) COUNTY OF ti ) The foregoing Special Warranty Deed was acknowledged before me this 31-5 - day of _, 2003, by CHARLES M. BAYER, JR., as President of LOST TREE VILLAGE CORPORATION, a Florida corporation, on behalf of the corporation. He is 0 personally known to me or [ ] has produced as identification. D&Ivl— 000y, Notary Public - State of MWA 00M (NOTARY SEAL) , �IIYI ISS"FRIP`VF 00MR1,M EXHIBIT "A" Legal Description Those portions of the following described island parcels of land lying landward of the Mean High Water Line of such islands: TRACT NO. 15 Beginning at a point 320 feet West of the Southeast corner of Section 24, Township 32 South, Range 39 East, being Point A, run North 90 degrees 0 minutes East, 320 feet to Point K. Run North 0 degrees 0 minutes East, 673 feet to Point J, run North 51 degrees 30 minutes West, 810 feet to Point L. Run South 36 degrees 0 minutes West, 260 feet to point W, Run South 26 degrees 07 minutes East, 1,070 feet to Point A, the point of beginning. TRACT NO. 16 Begin at a point 660 feet North of and 282 feet East of the Southwest corner of Section 19, Township 32 South, Range 40 East; thence North 45 degrees 00 minutes East, 100 feet; thence South 45 degrees 00 minutes East, 900 feet; thence South 45 degrees 00 minutes West, 100 feet; thence North 45 degrees 00 minutes West 900 feet, more or less to the point of beginning, lying and being in Section 19, Township 32 South, Range 40 East. TRACT NO. 17 Begin at a point 316 feet West of the Northeast corner of Section 25, Township 32 South, Range 39 East; thence South 26 degrees 07 minutes East, 720 feet; thence South 1,835 feet thence South 28 degrees 15 minutes East, 2,547.40 feet; thence North 57 degrees 00 minutes East, 1,380.00 feet; thence North 19 degrees 00 minutes East, 1,200 feet; thence North 08 degrees 00 minutes East, 768 feet; thence North 49 degrees 00 minutes West, 1,205 feet; thence North 41 degrees 00 minutes West, 1,686 feet; thence North 51 degrees 30 minutes West, 1,116 feet; thence South 673.00 feet; thence West 316 feet, more or less, to the point of beginning, lying and being in Section 25, Township 32 South, Range 39 East, and Section 30, Township 32 South, Range 40 East. TRACT NO. 18 Begin at a point 1,017 feet North of and 2,381 feet West of the Southeast corner of Section 30, Township 32 South, Range 40 East; thence North 79 degrees, 00 minutes West, 238 feet; thence North 11 degrees 00 minutes East, 1,612 feet; thence North 725 feet; thence East 257.5 feet; thence South 725 feet; thence South 11 degrees, 00 minutes West, 1,662.4 feet, more or less, to the point of beginning, lying and being in Section 30, Township 32 South, Range 40 East. TRACT NO. 20 Begin at a point 350 feet North of and 2,182 feet West of the Southeast corner of Section 30, Township 32 South, Range 40 East; thence North 250 feet; thence West 110 feet; thence South 250 feet; thence East 110 feet, more or less to the point of beginning, lying and being in Section 30, Township 32 South, Range 40 East. TRACT NO. 25 In Section 19 and 30 of Township 32 South, Range 40 East: Commence at the Southwest corner of Section 19: thence North along the West boundary of Section 19, 700 feet: thence East 683 feet to the point of beginning: thence from the point of beginning North 79 degrees East, 3,130 feet; thence South 830 feet; thence South 69 degrees 45 minutes East, 410 feet; thence South 38 degrees, 30 minutes East, 945 feet; thence South 45 degrees 00 minutes West, 118 feet; thence West 320 feet; thence South 220 feet; thence East 160 feet; thence South 30 degrees East 1,247 feet; thence West 1,915 feet; thence North 44 degrees, 51 minutes West 3,515 feet, to the point of beginning first above described. LESS AND EXCEPT Beginning 700.00 feet North and 683.00 feet East of the Southwest corner of Section 19, Township 32 South, Range 40 East: run South 44 degrees 51 minutes 00 seconds East a distance of 2,755.00 feet for the point of beginning: thence run South 44 degrees 51 minutes 00 seconds East a distance of 760.00 feet; thence run East 1,915 feet; thence run North 60 degrees, 00 minutes, 00 seconds West 745.00 feet; thence run West 500.00 feet; thence South 81 degrees 41 minutes 56 seconds West a distance of 1,316.47 feet to the point of beginning. And also less and except any portion of said tract lying within Lots 34 through 38, Pebble Bay Estates, according to the Plat thereof as recorded in Plat Book 8, Page 17, of the Public Records of Indian River County, Florida; Lots 1, 14, 15, 28 through 32 and 49, Silver Shores Unit 2, according to the Plat thereof, as recorded in Plat Book 4, Page 69, of the Public Records of Indian River County, Florida; and Lots 5 and 6, Bethel Isle, Unit 1, according to the Plat thereof, as recorded in Plat Book 4, Page 35, of the Public Records of Indian River County, Florida. MSA IR 6-A A parcel of land lying in Sections 19 and 30, Township 32 South, Range 40 East, and Section 25, Township 32 South, Range 39 East, Indian River County, Florida, more particularly described as follows: From the Southwest corner of Section 19, Township 32 South, Range 40 East, run due North along Section line a distance of 673 feet to point "J"; thence run South 51 degrees 30 minutes East a distance of 1,116 feet to a point "I" being on the South boundary of Section 19, Township 32 South, Range 40 East; thence run Southwesterly to a point "B", being on the Section line between Sections 25 and 30, Township 32 South, Range 40 East and lying 630 feet South of the Southwest corner of Section 19, Township 32 South, Range 40 East; thence run North 26 degrees 07 minutes West 720 feet to a point "A"; thence run due East 316 feet to the point of beginning. MSA IR 6-B A parcel of land lying in Tract 17 of Indian River Lands in Section 30, Township 32 South, Range 40 East, Indian River County, Florida, as shown on Carter and Damorow map dated May 5, 1930 of Indian River and adjacent lands, and more particularly described as follows: From the Southwest corner of the Northwest quarter of Section 30, Township 32 South, Range 40 East, run North along the Section line to Point "C" in the boundary of Tract 17, said point being the point of beginning; from said point of beginning run North 200 feet; thence run East 1,050 feet, thence run South 600 feet; thence run West to a point in the Southwest boundary of Tract 17; thence run North 28 degrees 15 minutes West in this boundary to the point of beginning. That portion of McCuller's Point consisting of lands lying landward of the Mean High Water Line of the following described tract: TRACT NO. 24— McCuller's Point In Section 19, of Township 32 South, Range 40 East: commence at the Southwest corner of Section 19, thence North along the West boundary of Section 19, 1,120 feet; thence East 370 feet to the point of beginning; thence from said point of beginning East 2,270 feet; thence North 37 degrees East 1,290 feet; thence North 62 degrees 45 minutes West 1,646 feet; thence North 70 degrees 30 minutes West 1,038 feet; thence South 66 degrees 30 minutes West 1,060 feet to the West boundary of Section 19; thence South along the West boundary of Section 19, 1,260 feet; thence East 370 feet; thence South 450 feet to the point of beginning first above described. Containing 122.22 acres, more or less. (Last course calculated closure should be: bearing: South 0 degrees 2 minutes West: Distance 507.72 feet; to the point of beginning.) EXHIBIT "B" Permitted Exceptions 1. Phosphate, Minerals, Metals ad Petroleum Reservations and rights in favor of the State of Florida, as set forth in the deed from the Trustees of the Internal Improvement Fund, recorded in Deed Book 63, Page 309 and Supplemental Deed recorded in Deed Book 109, Page 89 (as to Tracts 16, 17, 18, 20, 24 & 25). 2. Phosphate, Minerals, Metals ad Petroleum Reservations and rights in favor of the State of Florida, as set forth in the deed from the Trustees of the Internal Improvement Fund, recorded in Deed Book 23, Page 76 (as to Tracts 16,17, 18 & 20). 3. Phosphate, Minerals, Metals ad Petroleum Reservations and rights in favor of the State of Florida, as set forth in the deed from the Trustees of the Internal Improvement Fund, recorded in Deed Book 23, Page 80 (as to Tracts 24 & 25). 4. Grants of Easements for Jacksonville-Miami Intercoastal Waterway, in favor of the United States of America as recorded in Deed Book 28, Page 442 and in Deed Book 32, Page 584. 5. Grant of Easement in favor of the United States of America for Intracoastal Waterway from Jacksonville, Florida to Miami, Florida as recorded in Official Records Book 30, Page 183. 6. Resolutions fixing Bulkheads as recorded in Plat Book 5, Page 27, and in Plat Book 5, Page 43, Public Records of Indian River County, Florida. 691293.1 Prepared by and Return to: Karen D. Geller, Esq. Gunster, Yoakley& Stewart, P.A. 800 SE Monterey Commons Blvd., Ste. 200 Stuart, Florida 34996 (772)288-1980 ASSIGNMENT AND ASSUMPTION OF RIGHTS AND OBLIGATIONS REGARDING JOE EARMAN PARK THIS ASSIGNMENT OF RIGHTS AND OBLIGATIONS REGARDING JOE EARMAN PARK ("Assignment") is effective as of this 31 sr day of 2003 ("Transfer Date") between LOST TREE VILLAGE CORPORATION, a Florida corporation ("Assignor"), whose office address is: 3399 PGA Boulevard, Suite 260, Palm Beach Gardens, Florida 33410 to CITY OF VERO BEACH, a municipality within Indian River County, Florida ("City"), whose address is: c/o Planning Department, 1053 20th Place, Vero Beach, Florida 32960; the TOWN OF INDIAN RIVER SHORES, a municipality within Indian River County, Florida ("Town"), whose address is: c/o Town Offices, 6001 North A1A, Vero Beach, Florida 32963; and INDIAN RIVER COUNTY, a political subdivision in the State of Florida ("County") whose address is c/o Planning Department, 1840 25th Street, Vero Beach, Florida 32960 (City, Town and County shall be collectively referred to as "Assignee") RECITALS WHEREAS, Assignor and Assignee have entered into that certain Contract for Bargain Sale of Real Estate dated December 17, 2002 ("Contract"), wherein Seller agreed to sell and Purchaser agreed to purchase certain real property located and being in Indian River County, Florida, more particularly described in the Contract and closing documents executed in connection therewith (the "Property"); and WHEREAS, pursuant to the terms of the Contract, Assignee agreed to assume Assignor's obligations to the FLORIDA INLAND NAVIAGATION DISTRICT, an independent special district authorized and existing by virtue of the laws of the State of Florida ("FIND") with regard to the relocation of the Joe Earman Park ("Park"); and WHEREAS, Assignor desires to assign to Assignee all of Assignor's rights, duties, and obligations to FIND with regard to the relocation of the Park, and Assignee has agreed to accept and assume all such rights, duties, and obligations. NOW, THEREFORE, for and in consideration of the sum of TEN AND 00/100 ($10.00) DOLLARS and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Assignor hereby grants, transfers, conveys, and assigns to Assignee, Assignor's rights, duties and obligations to FIND with regard to the relocation of the Park as further described below. 1. The above Recitals are true and correct and incorporated herein by reference. 1 2. ASSIGNMENT. As of the date hereof, Assignor hereby grants, transfers, conveys and assigns all of Assignor's rights, duties, and obligations ("Rights and Obligations") in connection with the relocation of the Park as more particularly described below: If requested by FIND, Assignee shall relocate the Park to a location designated by FIND, which relocation shall not require the Park to be closed for more than thirty (30) days, shall be substantially similar to the existing Park, shall be constructed by Assignee at Assignee's sole cost and expense, and for which Assignee shall have the right to use all of the existing improvements in the Park. 3. ACCEPTANCE OF ASSIGNMENT. Assignee hereby accepts the foregoing assignment of the Rights and Obligations and assumes all of Assignor's Rights and Obligations as described above as of the Transfer Date. To the extent permitted under Florida law, Assignee will indemnify, defend and hold harmless Assignor, its successors and assigns and their representatives, agents, employees, directors and officers from and against any and all acts arising out of or in any way related to the assigned Rights and Obligations on and after the Transfer Date. 4. ATTORNEYS' FEES AND COSTS. In the event of any litigation arising out of this Assignment, including any appellate proceedings as a result thereof, the prevailing party shall be entitled to recover any and all expenses and costs incurred, including reasonable attorneys' fees and legal assistants' fees. 5. BINDING EFFECT. This Assignment shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective legal representatives, successors and assigns. 6. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [SIGNATURE PAGES FOLLOW] 2 IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment effective as of the Transfer Date first above written. "ASSIGNOR" LOST TREE VILLAGE CORPORATION, a Florida corporation By: Date: / e 31 Zoo ? Print name: S 2C Sr. Title: 4c es STATE OF l L t 9&t,� ) Ss: COUNTY OF W ) On this J' \S�- day of Jf �ud� 2003, before me, the undersigned, a Notary Public in and for the jurisdiction aforesaid, personally appeared CHARLES M. BAYER, JR., as President of LOST TREE VILLAGE CORPORATION known to me to be the person who executed the foregoing instrument for and on behalf of LOST TREE VILLAGE CORPORATION, who is �— personally known to me or_who produced , as identification. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public My Commission Expires: c [SEAL] 00WISSON,t ypffiES Aug 2t,200 A nNG IN WAY c 3 "ASSIGNEE" CITY OF VERO BEACH, a municipality within Indian River County, Florida BY: Date: � OS C 5 Print na e: Title: STATE OF FLORI A ) SS: COUNTY OF INDIAN RIVER ) On this 5*"-day of 2003, before me, the undersigned, a Notary Public in and for the urisdiction aforesaid, personally appeared A L T Ql� as of the CITY OF VERO BEACH, a municipality within Indian River County, lorida, known to me to be the person who executed the foregoing instrument for and on behalf of the CITY OF VERO BEACH, who is ✓ personally known to me or _ who produced as identification. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public My Commission Expires: [SEAL] ;;:ye•, Kimberly E.Massung MY COMMISSION#CC855436 EXPIRES ;�•, Q )ufy 15,2003 BONDED THRU TROY FAIN INSURANCE INC 4 "ASSIGNEE" TOWN OF INDIAN RIVER SHORES, a municipality within Indian River County, Florida By: Date: 3 Print na e: Title: STATE OF FLORIDA ) SS: COUNTY OF INDIAN RIVER ) On this day of , 2003, before me, the undersigned, a Notary Public in and for the juri diction aforesaid, personally appeared 7TV, mac. Lo .C�,c1,c�a r, , as bY' of the TOWN OF INDIAN RIVER SHORES, a municipality within Indian fRiver County, Florida, known to me to be the person who executed the foregoing instrument for and on behalf of the TOWN OF INDIAN RIVER SHORES, who is _ personally known to me or _ who produced {ort �1.(4dar'•s L-1t evAsp.) , as identification. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public My Commission Expires: [SEAL] SwC NEREIDA PEREZ-AivAREZ MY COMMISSION#r CC 999106 a' EXPIRES:February 26,2005 Bonded Thru Notary Public Underwriters 5 "ASSIGNEE" INDIAN RIVER COUNTY, a political subdivision in the State of Florida By: ` Date: l Prin ame: Title: A G 422 AA-1 STATE OF FLORIDA ) SS: COUNTY OF INDIAN RIVER ) On this 5 day of , 2003, before me, the undersigned, a totary Public in and for th jurisdiction aforesaid, personally appeared nne4k P . mack.muck. , as 0-,Aai rm an of INDIAN RIVER COUNTY, a political subdivision in the State of Florida, known to me to be the person who executed the foregoing instrument for and on behalf of INDIAN RIVER COUNTY, who is _ personally known to me or _ who produced /%r.'dti bl?l 'sL i cases as identification. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. o ary Public My Commission Expires: [SEAL] NEREIDA PEREZ-ALVAREZ ; .... :.. . MY COMMISSION#CC 999106 •. a EXPIRES:February 26,2005 Bonded Thru Notary Public Underwdiers 6 F.,. 8283 Noncash Charitable Contributions (Rev.October 1998) OMB No. 1545-0908 ► Attach to your tax return if you claimed a total deduction Department of the Treasury of over$500 for all Contributed property. Attachment Internal Revenue service - ► See separate instructions. Sequence No.55 Name(s)shown on your income tax return Identifying number LOST TREE VILLAGE CORPORATION 59-0947833 Note: Figure the amount of your contribution deduction before completing this form See your tax return instructions Section A—List In this section only Items (or groups of similar items) for which you claimed a deduction of$5,000 or less. Also, list certain publicly traded securities even if the deduction is over $5,000 (see instructions). Information on Donated Property—If you need mores ace, attach a statement. 1 (a)Name and address of the donee organization (b)Description of donated property A CITY OF VERO BEACH c/o Planning Department ISLAND PROPERTY -- - 1053 20th Place. Beach FL 32960 SEE ATTACHED LEGAL DESCRIPTION B TOWN OF INDIAN RIVER SHORES c/o Town Offices 6001 North AlA, Vero Beach, FL 32963 " C INDIAN RIVER COUNTY c/o Planning Department 184025th Street Vero Beach FL 32960 " D E Note: If the amount you claimed as a deduction for an item is$500 or less,you do not have to corn Tete columns(d), (e), and(0. (c)Date of the (d)Date acquired (e)How acquired q (f)Donor's cost (g)Fair market value (h)Method used to determine the fair contribution by donor(mo.,yr.) by donor or adjusted basis market value A B C D E Other Information—Complete line 2 if you gave less than an entire interest in property listed in Part I. Complete line 3 if conditions were attached to a contribution listed in Part 1 2 If, during the year, you contributed less than the entire interest in the property, complete lines a-e. a Enter the letter from Part I that identifies the property ► . If Part II applies to more than one property, attach a separate statement. b Total amount claimed as a deduction for the property listed in Part I: (1) For this tax year ► (2) For any prior tax years 11,- c Name and address of each organization to which any such contribution was made in a prior year(complete only if different from the donee organization above): Name of charitable organization(donee) Address(number, street,and room or suite no.) City or town,state,and ZIP code d For tangible property, enter the place where the property is located or kept No- * e Name of any person, other than the donee organization, having actual possession of the property ► 3 If conditions were attached to any contribution listed in Part I, answer questions a - c and attach the required statement(see instructions). a Is there a restriction, either temporary or permanent, on the donee's right to use or dispose of the donated Yes No property?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . , b Did you give to anyone(other than the donee organization or another organization participating with the donee organization in cooperative fundraising)the right to the income from the donated property or to the possession of the property, including the right to vote donated securities, to acquire the property by purchase or otherwise, or to designate the person having such income, possession, or right to acquire? . . , . , , _ r c Is there a restriction limiting the donated property fora particular use? . For Paperwork Reduction Act Notice,see page 4 of separate instructions. Cat.No.62299) Form 8283 (Rev. 10-98) i 4 Form 8283(Rev.10-98) Pae 2 Name(s)shown on your income tax return identifying number LOST TREE VILLAGE CORPORATION 59-0947833 Section B—Appraisal Summary—List in this section only items (or groups of similar items) for which you claimed a deduction of more than $5,000 per item or group. Exception. Report contributions of certain publicly traded securities only in Section A. If you donated art, you may have to attach the complete appraisal. See the Note in Part I below. Information on Donated Property—To be completed by the taxpayer and/or appraiser. 4 Check type of property: ❑ Art` (contribution of$20,000 or more) ® Real Estate ❑ Gems/Jewelry ❑ Stamp Collections ❑ Art` (contribution of less than $20,000) ❑ Coin Collections ❑ Books ❑ Other 'Art includes paintings, sculptures, watercolors, prints, drawings, ceramics, antique furniture, decorative arts, textiles, carpets, silver, rare manuscripts,historical memorabilia, and other similar objects. Note: /f your total art contribution deduction was$20,000 or more,you must attach a complete copy of the signed appraisal. See instructions. 5 (a)Description of donated property(if you need (b)If tangible property was donated,give a brief summary of the overall (c)Appraised fair more space,attach a separate statement) physical condition at the time of the gift market value A ISLAND PROPERTY SEE ATTACHED B LEGAL DESCRIPTION C D (d)Date acquired (e)How acquired (f)Donor's cost or (g)For bargain sales,enter See instructions by donor(mo.,yr.) by donor adjusted basis amount received (h)Amount claimed as a (i)Average trading price deduction of securities A B C D 12. Taxpayer (Donor) Statement—List each item included in Part I above that the appraisal identifies as having a value of $500 or less. See instructions. I declare that the following item(s)included in Part I above has to the best of my knowledge and belief an appraised value of not more than$500 (per item). Enter identifying letter from Part I and describe the specific item. See instructions. ► Signature of taxpayer(donor) ► Date ► Declaration of Appraiser 1 declare that I am not the donor, the donee, a party to the transaction in which the donor acquired the property, employed by, or related to any of the foregoing persons,or married to any person who is related to any of the foregoing persons. And, if regularly used by the donor, donee, or party to the transaction,I performed the majority of my appraisals during my tax year for other persons. Also, I declare that I hold myself out to the public as an appraiser or perform appraisals on a regular basis; and that because of my qualifications as described in the appraisal,I am qualified to make appraisals of the type of property being valued. I certify that the appraisal fees were not based on a percentage of the appraised property value. Furthermore, I understand that a false or fraudulent overstatement of the property value as described in the qualified appraisal or this appraisal summary may subject me to the penalty under section 6701(a) (aiding and abetting the understatement of tax liability). I affirm that I have not been barred from presenting evidence or testimony by the.Director of Practice. Sign Here I Signature ► Title 0. Date of appraisal ► Business address(including room or suite no.) Identifying number City or town,state,and ZIP code MM Donee Acknowledgment—To be completed by the charitable organization. This charitable organization acknowledges that it is a qualified organization under section 170(c) and that it received the donated property as described in Section B, Part I, above on ► (Date) Furthermore,this organization affirms that in the event it sells,exchanges,or otherwise disposes of the property described in Section B, Part I (or any portion thereof) within 2 years after the date of receipt, it will file Form 8282, Donee Information Return, with the IRS and give the donor a copy of that form.This acknowledgment does not represent agreement with the claimed fair market value. Does the organization intend to use the property for an unrelated use? . . ► ❑ Yes ® No Name of charitable organization(donee) Employer identification number TOWN OF INDIAN RIVER SHORES 5-' _ 6 O 7 O Address(number,street,and room or suite no.) City or town,state,and ZIP code c/o Town Offices, 6001 North AM Vero Beach, FL 32963 A re Title Date a -S 0 3 EXHIBIT "A" Legal Description Those portions of the following described island parcels of land lying landward of the Mean High Water Line of such islands: TRACT NO. 15 Beginning at a point 320 feet West of the Southeast corner of Section 24, Township 32 South, Range 39 East, being Point A, run North 90 degrees 0 minutes East, 320 feet to Point K. Run North 0 degrees 0 minutes East, 673 feet to Point J, run North 51 degrees 30 minutes West, 810 feet to Point L. Run South 36 degrees 0 minutes West, 260 feet to point W, Run South 26 degrees 07 minutes East, 1,070 feet to Point A, the point of beginning. TRACT NO. 16 Begin at a point 660 feet North of and 282 feet East of the Southwest corner of Section 19, Township 32 South, Range 40 East; thence North 45 degrees 00 minutes East, 100 feet; thence South 45 degrees 00 minutes East, 900 feet; thence South 45 degrees 00 minutes West, 100 feet; thence North 45 degrees 00 minutes West 900 feet, more or less to the point of beginning, lying and being in Section 19, Township 32 South, Range 40 East. TRACT NO. 17 Begin at a point 316 feet West of the Northeast corner of Section 25, Township 32 South, Range 39 East; thence South 26 degrees 07 minutes East, 720 feet; thence South 1,835 feet thence South 28 degrees 15 minutes East, 2,547.40 feet; thence North 57 degrees 00 minutes East, 1,380.00 feet; thence North 19 degrees 00 minutes East, 1,200 feet; thence North 08 degrees 00 minutes East, 768 feet; thence North 49 degrees 00 minutes West, 1,205 feet; thence North 41 degrees 00 minutes West, 1,686 feet; thence North 51 degrees 30 minutes West, 1,116 feet; thence South 673.00 feet; thence West 316 feet, more or less, to the point of beginning, lying and being in Section 25, Township 32 South, Range 39 East, and Section 30, Township 32 South, Range 40 East. TRACT NO. 18 Begin at a point 1 ,017 feet North of and 2,381 feet West of the Southeast corner of Section 30, Township 32 South, Range 40 East; thence North 79 degrees, 00 minutes West, 238 feet; thence North 11 degrees 00 minutes East, 1,612 feet; thence North 725 feet; thence East 257.5 feet; thence South 725 feet; thence South 11 degrees, 00 minutes West, 1,662.4 feet, more or less, to the point of beginning, lying and being in Section 30, Township 32 South, Range 40 East. TRACT NO. 20 Begin at a point 350 feet North of and 2,182 feet West of the Southeast corner of Section 30, Township 32 South, Range 40 East; thence North 250 feet; thence West 110 feet; thence South 250 feet; thence East 110 feet, more or less to the point of beginning, lying and being in Section 30, Township 32 South, Range 40 East. TRACT NO. 25 In Section 19 and 30 of Township 32 South, Range 40 East: Commence at the Southwest corner of Section 19: thence North along the West boundary of Section 19, 700 feet: thence East 683 feet to the point of beginning: thence from the point of beginning North 79 degrees East, 3,130 feet; thence South 830 feet; thence South 69 degrees 45 minutes East, 410 feet; thence South 38 degrees, 30 minutes East, 945 feet; thence South 45 degrees 00 minutes West, 118 feet; thence West 320 feet; thence South 220 feet; thence East 160 feet; thence South 30 degrees East 1,247 feet; thence West 1,915 feet; thence North 44 degrees, 51 minutes West 3,515 feet, to the point of beginning first above described. LESS AND EXCEPT Beginning 700.00 feet North and 683.00 feet East of the Southwest corner of Section 19, Township 32 South, Range 40 East: run South 44 degrees 51 minutes 00 seconds East a distance of 2,755.00 feet for the point of beginning: thence run South 44 degrees 51 minutes 00 seconds East a distance of 760.00 feet; thence run East 1,915 feet; thence run North 60 degrees, 00 minutes, 00 seconds West 745.00 feet; thence run West 500.00 feet; thence South 81 degrees 41 minutes 56 seconds West a distance of 1,316.47 feet to the point of beginning. And also less and except any portion of said tract lying within Lots 34 through 38, Pebble Bay Estates, according to the Plat thereof as recorded in Plat Book 8, Page 17, of the Public Records of Indian River County, Florida; Lots 1, 14, 15, 28 through 32 and 49, Silver Shores Unit 2, according to the Plat thereof, as recorded in Plat Book 4, Page 69, of the Public Records of Indian River County, Florida; and Lots 5 and 6, Bethel Isle, Unit 1, according to the Plat thereof, as recorded in Plat Book 4, Page 35, of the Public Records of Indian River County, Florida. MSA IR 6-A L A parcel of land lying in Sections 19 and 30, Township 32 South, Range 40 East, and Section 25, Township 32 South, Range 39 East, Indian River County, Florida, more particularly described as follows: From the Southwest corner of Section 19, Township 32 South, Range 40 East, run due North along Section line a distance of 673 feet to point "J"; thence run South 51 degrees 30 minutes East a distance of 1,116 feet to a point "I" being on the South boundary of Section 19, Township 32 South, Range 40 East; thence run Southwesterly to a point "B", being on the Section line between Sections 25 and 30, Township 32 South, Range 40 East and lying 630 feet South of the Southwest corner of Section 19, Township 32 South, Range 40 East; thence run North 26 degrees 07 minutes West 720 feet to a point "A"; thence run due East 316 feet to the point of beginning. MSA IR 6-B A parcel of land lying in Tract 17 of Indian River Lands in Section 30, Township 32 South, Range 40 East, Indian River County, Florida, as shown on Carter and Damorow map dated May 5, 1930 of Indian River and adjacent lands, and more particularly described as follows: From the Southwest corner of the Northwest quarter of Section 30, Township 32 South, Range 40 East, run North along the Section line to Point "C" in the boundary of Tract 17, said point being the point of beginning; from said point of beginning run North 200 feet; thence run East 1,050 feet; thence run South 600 feet; thence run West to a point in the Southwest boundary of Tract 17; thence run North 28 degrees 15 minutes West in this boundary to the point of beginning. That portion of McCuller's Point consisting of lands lying landward of the Mean High Water Line of the following described tract: TRACT NO. 24 — McCuller's Point In Section 19, of Township 32 South, Range 40 East: commence at the Southwest corner of Section 19, thence North along the West boundary of Section 19, 1,120 feet; thence East 370 feet to the point of beginning; thence from said point of beginning East 2,270 feet; thence North 37 degrees East 1,290 feet; thence North 62 degrees 45 minutes West 1,646 feet; thence North 70 degrees 30 minutes West 1,038 feet; thence South 66 degrees 30 minutes West 1,060 feet to the West boundary of Section 19; thence South along the West boundary of Section 19, 1,260 feet; thence East 370 feet; thence South 450 feet to the point of beginning first above described. Containing 122.22 acres, more or less. (Last course calculated closure should be: bearing: South 0 degrees 2 minutes West: Distance 507.72 feet; to the point of beginning.) t_ F. 8 283 Noncash Charitable Contributions (Rev.October 1998) OMB No. 1545-0908 lo. Attach to your tax return if you claimed a total deduction Department of the Treasury of over$500 for all contributed property. Attachment Internal Revenue service ► See separate instructions. Sequence No.55 Name(s)shown on your income tax return Identifying number LOST TREE VILLAGE CORPORATION 59-0947833 Note: Figure the amount of your contribution deduction before completingthis form See our tax return instructions Section A—List in this section only items (or groups of similar items)for which you claimed a deduction of$5,000 or less. Also, list certain-publicly traded securities even if the deduction is over $5,000 (see instructions). Information on Donated Pro ert —if ou need mores ace, attach a statement. 1 (a)Name and address of the donee organization (b)Description of donated property A CITY OF VERO BEACH c/o Planning Department ISLAND PROPERTY -- - 1053 20th Place. Vero Beach FL 32960 SEE ATTACHED LEGAL DESCRIPTION B TOWN OF INDIAN RIVER SHORES c/o Town Offices 6001 North AIA, Vero Beach, FL 32963 C INDIAN RIVER COUNTY c/o Planning Department 184025th Street Vero Beach FL 32960 D E Note: If the amount you claimed as a deduction for an item is$500 or less, ou do not have to com Tete columns(d), (e), and(t). ' (c)Date of the (d)Date acquired (e)How acquired (f)Donor's cost (h)Method used to determine the fair contribution by donor(mo.,yr.) by donor or adjusted basis (g)Fair market value market value A B C D E Other Information—Complete line 2 if you gave less than an entire interest in property listed in Part I. Complete line 3 if conditions were attached to a contribution listed in Part I 2 If, during the year, you contributed less than the entire interest in the property,complete lines a-e. a Enter the letter from Part I that identifies the property ► . If Part II applies to more than one property, attach a separate statement. b Total amount claimed as a deduction for the property listed in Part I: (1) For this tax year ► (2) For any prior tax years 10- c Name and address of each organization to which any such contribution was made in a prior year(complete only if different from the donee organization above): Name of charitable organization(donee) Address(number,street,and room or suite no.) City or town,state,and ZIP code d For tangible property, enter the place where the property is located or kept Po- e e Name of any person, other than the donee organization, having actual possession of the property Ili- 3 3 If conditions were attached to any contribution listed in Part I, answer questions a - c and attach the required statement(see instructions). a Is there a restriction, either temporary or permanent, on the donee's right to use or dispose of the donated Yes No property?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . b Did you give to anyone (other than the donee organization or another organization participating with the donee a organization in cooperative fundraising) the right to the income from the donated property or to the possession ,. of the property, including the right to vote donated securities,to acquire the property by purchase or otherwise, or to designate the person having such income, possession, or right to acquire? , . . _ c Is there a restriction limiting the donated property for a particular use? . . . For Paperwork Reduction Act Notice,see page 4 of separate instructions. Cat.No.62299) Form 8283 (Rev. 10-98) Form 8283(Rev.10-98) Pae 2 Name(s)shown on your income tax return Identifying number LOST TREE VILLAGE CORPORATION 59-0947833 Section B—Appraisal Summary—List in this section only items (or groups of similar items) for which you claimed a deduction of more than $5,000 per item or group. Exception. Report contributions of certain publicly traded securities only in Section A. If you donated art, you may have to attach the complete appraisal. See the Note in Part I below. Information on Donated Property—To be completed by the taxpayer and/or appraiser. 4 Check type of property: ❑ Art' (contribution of$20,000 or more) ® Real Estate ❑ Gems/Jewelry ❑ Stamp Collections ❑ Art" (contribution of less than $20,000) ❑ Coin Collections ❑ Books ❑ Other 'Art includes paintings, sculptures, watercolors, prints, drawings, ceramics, antique furniture, decorative arts, textiles, carpets, silver, rare manuscripts,historical memorabilia, and other similar objects. Note:If your total art contribution deduction was$20,000 or more,you must attach a complete copy of the signed appraisal. See instructions. 5 (a)Description of donated property(if you need (b)If tangible property was donated,give a brief summary of the overall (c)Appraised fair more space,attach a separate statement) physical condition at the time of the gift market value A ISLAND PROPERTY SEE ATTACHED B LEGAL DESCRIPTION C D (d)Date acquired (e)How acquired (f)Donor's cost or (g)For bargain sales,enter See instructions by donor(mo.,yr.) by donor adjusted basis amount received (h)Amount claimed as a ()Aveducton of secudieg price A B C D M 113 Taxpayer (Donor) Statement—List each item included in Part I above that the appraisal identifies as having a value of $500 or less. See instructions. I declare that the following item(s)included in Part I above has to the best of my knowledge and belief an appraised value of not more than$500 (per item). Enter identifying letter from Part I and describe the specific item. See instructions. ► Signature of taxpayer(donor) ► Date ► lonall Declaration of Appraiser I declare that Inam not the donor,the donee, a party to the transaction in which the donor acquired the property, employed by, or related to any of the foregoing persons, or married to any person who is related to any of the foregoing persons. And, if regularly used by the donor, donee, or party to the transaction, I performed the majority of my appraisals during my tax year for other persons. Also, I declare that I hold myself out to the public as an appraiser or perform appraisals on a regular basis; and that because of my qualifications as described in the appraisal,I am qualified to make appraisals of the type of property being valued.I certify that the appraisal fees were not based on a percentage of the appraised property value. Furthermore, I understand that a false or fraudulent overstatement of the property value as described in the qualified appraisal or this appraisal summary may subject me to the penalty under section 6701(a) (aiding and abetting the understatement of tax liability). I affirm that I have not been barred from presenting evidence or testimony by the.Director of Practice. Sign Here I Signature Title ► Date of appraisal ► Business address(including room or suite no.) Identifying number City or town,state,and ZIP code Donee Acknowledgment—To be completed by the charitable organization. This charitable organization acknowledges that it is a qualified organization under section 170(c) and that it received the donated property as described in Section B, Part I, above on ► (Date) Furthermore,this organization affirms that in the event it sells,exchanges,or otherwise disposes of the property described in Section B, Part I (or any portion thereof) within 2 years after the date of receipt, it will file Form 8282, Donee Information Return, with the IRS and give the donor a copy of that form.This acknowledgment does not represent agreement with the claimed fair market value. Does the organization intend to use the property for an unrelated use? . . ► ❑ Yes ® No Name of charitable organization(donee) Employer identification number CITY OF VERO BEACH - C)` ` - I D� �-- 5 LIC Address(number,street,and room or suite no.) City or town,state,and ZIP code c/o Planning epartment, l 2 � P1pe Vero Beach, FL 32960 Authorized signatur Title Date y N EXHIBIT "A" Legal Description Those portions of the following described island parcels of land lying landward of the Mean High Water Line of such islands: TRACT NO. 15 Beginning at a point 320 feet West of the Southeast corner of Section 24, Township 32 South, Range 39 East, being Point A, run North 90 degrees 0 minutes East, 320 feet to Point K. Run North 0 degrees 0 minutes East, 673 feet to Point J, run North 51 degrees 30 minutes West, 810 feet to Point L. Run South 36 degrees 0 minutes West, 260 feet to point W, Run South 26 degrees 07 minutes East, 1,070 feet to Point A, the point of beginning. TRACT NO. 16 Begin at a point 660 feet North of and 282 feet East of the Southwest corner of Section 19, Township 32 South, Range 40 East; thence North 45 degrees 00 minutes East, 100 feet; thence South 45 degrees 00 minutes East, 900 feet; thence South 45 degrees 00 minutes West, 100 feet; thence North 45 degrees 00 minutes West 900 feet, more or less to the point of beginning, lying and being in Section 19, Township 32 South, Range 40,East. TRACT NO. 17 Begin at a point 316 feet West of the Northeast corner of Section 25, Township 32 South, Range 39 East; thence South 26 degrees 07 minutes East, 720 feet; thence South 1,835 feet thence South 28 degrees 15 minutes East, 2,547.40 feet; thence North 57 degrees 00 minutes East, 1,380.00 feet; thence North 19 degrees 00 minutes East, 1,200 feet; thence North 08 degrees 00 minutes East, 768 feet; thence North 49 degrees 00 minutes West, 1,205 feet; thence North 41 degrees 00 minutes West, 1,686 feet; thence North 51 degrees 30 minutes West, 1,116 feet; thence South 673.00 feet; thence West 316 feet, more or less, to the point of beginning, lying and being in Section 25, Township 32 South, Range 39 East, and Section 30, Township 32 South, Range 40 East. TRACT NO. 18 Begin at a point 1,017 feet North of and 2,381 feet West of the Southeast corner of Section 30, Township 32 South, Range 40 East; thence North 79 degrees, 00 minutes West, 238 feet; thence North 11 degrees 00 minutes East, 1,612 feet; thence North 725 feet; thence East 257.5 feet; thence South 725 feet; thence South 11 degrees, 00 minutes West, 1,662.4 feet, more or less, to the point of beginning, lying and being in Section 30, Township 32 South, Range 40 East. TRACT NO. 20 Begin at a point 350 feet North of and 2,182 feet West of the Southeast corner of Section 30, Township 32 South, Range 40 East; thence North 250 feet; thence West 110 feet; thence South 250 feet; thence East 110 feet, more or less to the point of beginning, lying and being in Section 30, Township 32 South, Range 40 East. TRACT NO. 25 In Section 19 and 30 of Township 32 South, Range 40 East: Commence at the Southwest corner of Section 19: thence North along the West boundary of Section 19, 700 feet: thence East 683 feet to the point of beginning: thence from the point of beginning North 79 degrees East, 3,130 feet; thence South 830 feet; thence South 69 degrees 45 minutes East, 410 feet; thence South 38 degrees, 30 minutes East, 945 feet; thence South 45 degrees 00 minutes West, 118 feet; thence West 320,feet; thence South 220 feet; thence East 160 feet; thence South 30 degrees East 1,247 feet; thence West 1,915 feet; thence North 44 degrees, 51 minutes West 3,515 feet, to the point of beginning first above described. LESS AND EXCEPT Beginning 700.00 feet North and 683.00 feet East of the Southwest corner of Section 19, Township 32 South, Range 40 East: run South 44 degrees 51 minutes 00 seconds East a distance of 2,755.00 feet for the point of beginning: thence run South 44 degrees 51 minutes 00 seconds East a distance of 760.00 feet; thence run East 1,915 feet; thence run North 60 degrees, 00 minutes, 00 seconds West 745.00 feet; thence run West 500.00 feet; thence South 81 degrees 41 minutes 56 seconds West a distance of 1,316.47 feet to the point of beginning. And also less and except any portion of said tract lying within Lots 34 through 38, Pebble Bay Estates, according to the Plat thereof as recorded in Plat Book 8, Page 17, of the Public Records of Indian River County, Florida; Lots 1, 14, 15, 28 through 32 and 49, Silver Shores Unit 2, according to the Plat thereof, as recorded in Plat Book 4, Page 69, of the Public Records of Indian River County, Florida; and Lots 5 and 6, Bethel Isle, Unit 1, according to the Plat thereof, as recorded in Plat Book 4, Page 35, of the Public Records of Indian River County, Florida. MSA IR 6-A r� A parcel of land lying in Sections 19 and 30, Township 32 South, Range 40 East, and Section 25, Township 32 South, Range 39 East, Indian River County, Florida, more particularly described as follows: From the Southwest corner of Section 19, Township 32 South, Range 40 East, run due North along Section line a distance of 673 feet to point "J"; thence run South 51 degrees 30 minutes East a distance of 1,116 feet to a point "I" being on the South boundary of Section 19, Township 32 South, Range 40 East; thence run Southwesterly to a point "B", being on the Section line between Sections 25 and 30, Township 32 South, Range 40 East and lying 630 feet South of the Southwest corner of Section 19, Township 32 South, Range 40 East; thence run North 26 degrees 07 minutes West 720 feet to a point "A"; thence run due East 316 feet to the point of beginning. MSA IR 6-B A parcel of land lying in Tract 17 of Indian River Lands in Section 30, Township 32 South, Range 40 East, Indian River County, Florida, as shown on Carter and Damorow map dated May 5, 1930 of Indian River and adjacent lands, and more particularly described as follows: From the Southwest corner of the Northwest quarter of Section 30, Township 32 South, Range 40 East, run North along the Section line to Point "C" in the boundary of Tract 17, said point being the point of beginning; from said point of beginning run North 200 feet; thence run East 1,050 feet; thence run South 600 feet; thence run West to a point in the Southwest boundary of Tract 17; thence run North 28 degrees 15 minutes West in this boundary to the point of beginning. That portion of McCuller's Point consisting of lands lying landward of the Mean High Water Line of the following described tract: TRACT NO. 24 — McCuller's Point In Section 19, of Township 32 South, Range 40 East: commence at the Southwest corner of Section 19, thence North along the West boundary of Section 19, 1,120 feet; thence East 370 feet to the point of beginning; thence from said point of beginning East 2,270 feet; thence North 37 degrees East 1,290 feet; thence North 62 degrees 45 minutes West 1,646 feet; thence North 70 degrees 30 minutes West 1,038 feet; thence South 66 degrees 30 minutes West 1,060 feet to the West boundary of Section 19; thence South along the West boundary of Section 19, 1,260 feet; thence East 370 feet; thence South 450 feet to the point of beginning first above described. Containing 122.22 acres, more or less. (Last course calculated closure should be: bearing: South 0 degrees 2 minutes West: Distance 507.72 feet; to the point of beginning.) Form 8283 Noncash Charitable Contributions OMB No. 1545-0908 (Rev.October 1998) ► Attach to your tax return if you claimed a total deduction Department of the Treasury of over$500 for all contributed property. Attachment internal Revenue service ► See separate instructions. Sequence No.55 Name(s)shown on your income tax return Identifying number LOST TREEVILLAGE CORPORATION 59-0947833 Note: Figure the amount of your contribution deduction before completing this form. See your tax return instructions. Section A—List in this section only items (or groups of similar items) for which you claimed a deduction of$5,000 or less. Also, list certain publicly traded securities even if the deduction is over $5,000 (see instructions). • Information on Donated Property—If you need mores ace, attach a statement. (a)Name and address of the 1 (b)Description of donated property donee organization A CITY OF VERO BEACH c/o Planning Department ISLAND PROPERTY Be1053 20th Place. Vero ach, FL 32960 SEE ATTACHED LEGAL DESCRIPTION B TOWN OF INDIAN RIVER SHORES c/o Town Offices it 6001 North AlA, Vero Beach, FL 32963 C INDIAN. RIVER COUNTY c/o Planning Department 1840 25th Street Vero Beach FL 32960 " D E Note: If the amount you claimed as a deduction for an item is$500 or less, you do not have to corn tete columns(d), (e), and(1). (c)Date of the (d)Date acquired (e)How acquired (f)Donor's cost (h)Method used to determine the fair contribution by donor(mo.,yr.) by donor or adjusted basis (g)Fair market value market value A B C D E Other Information—Complete line 2 if you gave less than an entire interest in property listed in Part I. Complete line 3 if conditions were attached to a contribution listed in Part I. 2 If, during the year, you contributed less than the entire interest in the property, complete lines a-e. a Enter the letter from Part I that identifies the property ► . If Part II applies to more than one property, attach a separate statement. b Total amount claimed as a deduction for the property listed in Part I: (1) For this tax year ► (2) For any prior tax years Do- c c Name and address of each organization to which any such contribution was made in a prior year(complete only if different from the donee organization above): Name of charitable organization(donee) Address(number,street,and room or suite no.) City or town,state,and ZIP code d For tangible property, enter the place where the property is located or kept IN, e Name of any person, other than the donee organization, having actual possession of the property lo- 3 3 If conditions were attached to any contribution listed in Part I, answer questions a - c and attach the required statement(see instructions). a Is there a restriction, either temporary or permanent, on the donee's right to use or dispose of the donated Yes No property?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b Did you give to anyone(other than the donee organization or another organization participating with the donee organization in cooperative fundraising) the right to the income from the donated property or to.the possession of the property, including the right to vote donated securities,to acquire the property by purchase or otherwise, or to designate the person having such income, possession, or right to acquire? . . . . . . . c Is there a restriction limiting the donated property for a particular use? For Paperwork Reduction Act Notice,see page 4 of separate instructions. Cat. No.62299) Form 8283 (Rev. 10-98) r Form 8283(Rev.10-98) Pae 2 Name(s)shown on your income tax return Identifying number LOST TREE VILLAGE CORPORATION 59-0947833 Section B—Appraisal Summary—List in this section only items (or groups of similar items) for which you claimed a deduction of more than $5,000 per item or group. Exception. Report contributions of certain publicly traded securities only in Section A. If you donated art, you may have to attach the complete appraisal. See the Note in Part I below. Information on Donated Property—To be completed by the taxpayer and/or appraiser. 4 Check type of property: ❑ Art` (contribution of$20,000 or more) ® Real Estate ❑ Gems/Jewelry ❑ Stamp Collections ❑ Art' (contribution of less than $20,000) ❑ Coin Collections ❑ Books ❑ Other `Art includes paintings, sculptures, watercolors, prints, drawings, ceramics, antique furniture, decorative arts, textiles, carpets, silver, rare manuscripts, historical memorabilia, and other similar objects. Note:if your total art contribution deduction was$20,000 or more,you must attach a complete copy of the signed appraisal. See instructions. 5 (a)Description of donated property(if you need (b)If tangible property was donated,give a brief summary of the overall (c)Appraised fair more space,attach a separate statement) physical condition at the time of the gift market value A ISLAND PROPERTY SEE ATTACHED B LEGAL DESCRIPTION C D (d)Date acquired (e)How acquired (f)Donor's cost or (g)For bargain sales,enter See instructions by donor(mo.,yr.) by donor adjusted basis amount received (h)Amount claimed as a (i)Average trading price deduction of securities A B C D MM Taxpayer (Donor) Statement—List each item included in Part I above that the appraisal identifies as having a value of $500 or less. See instructions. I declare that the following item(s)included in Part I above has to the best of my knowledge and belief an appraised value of not more than$500 (per item). Enter identifying letter from Part I and describe the specific item. See instructions. 11N- Si Si nature of taxpayer(donor) ► Date ► 1:M- 5111111 Declaration of Appraiser I declare that I am not the donor, the donee,a party to the transaction in which the donor acquired the property, employed by, or related to any of the foregoing persons, or married to any person who is related to any of the foregoing persons. And, if regularly used by the donor, donee, or party to the transaction, I performed the majority of my appraisals during my tax year.for other persons. Also, I declare that I hold myself out to the public as an appraiser or perform appraisals on a regular basis; and that because of my qualifications as described in the appraisal,1 am qualified to make appraisals of the type of property being valued.1 certify that the appraisal fees were not based on a percentage of the appraised property value. Furthermore, I understand that a false or fraudulent overstatement of the property value as described in the qualified appraisal or this appraisal summary may subject me to the penalty under section 6701(a) (aiding and abetting the understatement of tax liability). I affirm that 1 have not been barred from presenting evidence or testimony by the Director of Practice. Sign Here Signature ► Title ► Date of appraisal it. Business address(including room or suite no.) Identifying number City or town,state,and ZIP code Donee Acknowledgment—To be completed by the charitable organization. This charitable organization acknowledges that it is a qualified organization under section 170(c) and that it received the donated property as described in Section B, Part 1, above on ► (Date) Furthermore,this organization affirms that in the event it sells, exchanges,or otherwise disposes of the property described in Section B, Part I (or any portion thereof) within 2 years after the date of receipt, it will file Form 8282, Donee Information Return,with the IRS and give the donor a copy of that form.This acknowledgment does not represent agreement with the claimed fair market value. Does the organization intend to use the property for an unrelated use? . . ► ❑ Yes ® No Name of charitable organization(donee) Employer identification nuer INDIAN RIVER COUNTY ` Address(number.street,and room or suite no.) City or town,state,and ZIP code c/o,Planning Pepartment, 1840 25 h Street Vero Beach, FL 32960 Aut ed signature Ti Date `_ EXHIBIT "A" Legal Description Those portions of the following described island parcels of land lying landward of the Mean High Water Line of such islands: TRACT NO. 15 Beginning at a point 320 feet West of the Southeast corner of Section 24, Township 32 South, Range 39 East, being Point A, run North 90 degrees 0 minutes East, 320 feet to Point K. Run North 0 degrees 0 minutes East, 673 feet to Point J, run North 51 degrees 30 minutes West, 810 feet to Point L. Run South 36 degrees 0 minutes West, 260 feet to point W, Run South 26 degrees 07 minutes East, 1,070 feet to Point A, the point of beginning. TRACT NO. 16 Begin at a point 660 feet North of and 282 feet East of the Southwest corner of Section 19, Township 32 South, Range 40 East; thence North 45 degrees 00 minutes East, 100 feet; thence South 45 degrees 00 minutes East, 900 feet; thence South 45 degrees 00 minutes West, 100 feet; thence North 45 degrees 00 minutes West 900 feet, more or less to the point of beginning, lying and being in Section 19, Township 32 South, Range 40 East. TRACT NO. 17 Begin at a point 316 feet West of the Northeast corner of Section 25, Township 32 South, Range 39 East; thence South 26 degrees 07 minutes East, 720 feet; thence South 1,835 feet thence South 28 degrees 15 minutes East, 2,547.40 feet; thence North 57 degrees 00 minutes East, 1,380.00 feet; thence North 19 degrees 00 minutes East, 1,200 feet; thence North 08 degrees 00 minutes East, 768 feet; thence North 49 degrees 00 minutes West, 1,205 feet; thence North 41 degrees 00 minutes West, 1,686 feet; thence North 51 degrees 30 minutes West, 1,116 feet; thence South 673.00 feet; thence West 316 feet, more or less, to the point of beginning, lying and being in Section 25, Township 32 South, Range 39 East, and Section 30, Township 32 South, Range 40 East. TRACT NO. 18 Begin at a point 1,017 feet North of and 2,381 feet West of the Southeast corner of Section 30, Township 32 South, Range 40 East; thence North 79 degrees, 00 minutes West, 238 feet; thence North 11 degrees 00 minutes East, 1,612 feet; thence North 725 feet; thence East 257.5 feet; thence South 725 feet; thence South 11 degrees, 00 minutes West, 1,662.4 feet, more or less, to the point of beginning, lying and being in Section 30, Township 32 South, Range 40 East. TRACT NO. 20 Begin at a point 350 feet North of and 2,182 feet West of the Southeast corner of Section 30, Township 32 South, Range 40 East; thence North 250 feet; thence West 110 feet; thence South 250 feet; thence East 110 feet, more or less to the point of beginning, lying and being in Section 30, Township 32 South, Range 40 East. TRACT NO. 25 In Section 19 and 30 of Township 32 South, Range 40 East: Commence at the Southwest corner of Section 19: thence North along the West boundary of Section 19, 700 feet: thence East 683 feet to the point of beginning: thence from the point of beginning North 79 degrees East, 3,130 feet; thence South 830 feet; thence South 69 degrees 45 minutes East, 410 feet; thence South 38 degrees, 30 minutes East, 945 feet; thence South 45 degrees 00 minutes West, 118 feet; thence West 320 feet; thence South 220 feet; thence East 160 feet; thence South 30 degrees East 1,247 feet; thence West 1,915 feet; thence North 44 degrees, 51 minutes West 3,515 feet, to the point of beginning first above described. LESS AND EXCEPT Beginning 700.00 feet North and 683.00 feet East of the Southwest corner of Section 19, Township 32 South, Range 40 East: run South 44 degrees 51 minutes 00 seconds East a distance of 2,755.00 feet for the point of beginning: thence run South 44 degrees 51 minutes 00 seconds East a distance of 760.00 feet; thence run East 1,915 feet; thence run North 60 degrees, 00 minutes, 00 seconds West 745.00 feet; thence run West 500.00 feet; thence South 81 degrees 41 minutes 56 seconds West a distance of 1,316.47 feet to the point of beginning. And also less and except any portion of said tract lying within Lots 34 through 38, Pebble Bay Estates, according to the Plat thereof as recorded in Plat Book 8, Page 17, of the Public Records of Indian River County, Florida; Lots 1, 14, 15, 28 through 32 and 49, Silver Shores Unit 2, according to the Plat thereof, as recorded in Plat Book 4, Page 69, of the Public Records of Indian River County, Florida; and Lots 5 and 6, Bethel Isle, Unit 1, according to the Plat thereof, as recorded in Plat Book 4, Page 35, of the Public Records of Indian River County, Florida. MSA IR 6-A A parcel of land lying in Sections 19 and 30, Township 32 South, Range 40 East, and Section 25, Township 32 South, Range 39 East, Indian River County, Florida, more particularly described as follows: From the Southwest corner of Section 19, Township 32 South, Range 40 East, run due North along Section line a distance of 673 feet to point "J"; thence run South 51 degrees 30 minutes East a distance of 1,116 feet to a point "I" being on the South boundary of Section 19, Township 32 South, Range 40 East; thence run Southwesterly to a point "B", being on the Section line between Sections 25 and 30, Township 32 South, Range 40 East and lying 630 feet South of the Southwest corner of Section 19, Township 32 South, Range 40 East; thence run North 26 degrees 07 minutes West 720 feet to a point "A"; thence run due East 316 feet to the point of beginning. MSA IR 6-B A parcel of land lying in Tract 17 of Indian River Lands in Section 30, Township 32 South, Range 40 East, Indian River County, Florida, as shown on Carter and Damorow map dated May 5, 1930 of Indian River and adjacent lands, and more particularly described as follows: From the Southwest corner of the Northwest quarter of Section 30, Township 32 South, Range 40 East, run North along the Section line to Point "C" in the boundary of Tract 17, said point being the point of beginning; from said point of beginning run North 200 feet; thence run East 1,050 feet; thence run South 600 feet; thence run West to a point in the Southwest boundary of Tract 17; thence run North 28 degrees 15 minutes West in this boundary to the point of beginning. That portion of McCuller's Point consisting of lands lying landward of the Mean High Water Line of the following described tract: TRACT NO. 24 — McCuller's Point In Section 19, of Township 32 South, Range 40 East: commence at the Southwest corner of Section 19, thence North along the West boundary of Section 19, 1,120 feet; thence East 370 feet to the point of beginning; thence from said point of beginning East 2,270 feet; thence North 37 degrees East 1,290 feet; thence North 62 degrees 45 minutes West 1,646 feet; thence North 70 degrees 30 minutes West 1,038 feet; thence South 66 degrees 30 minutes West 1,060 feet to the West boundary of Section 19; thence South along the West boundary of Section 19, 1,260 feet; thence East 370 feet; thence South 450 feet to the point of beginning first above described. Containing 122.22 acres, more or less. (Last course calculated closure should be: bearing: South 0 degrees 2 minutes West: Distance 507.72 feet; to the point of beginning.) loS',`t35 , o0 691071.2 Prepared by and Return to: Karen D.Geller,Esq. Gunster,Yoakley&Stewart,P.A. "- 800 SE Monterey Commons Blvd.,Ste.200 Stuart,Florida 34996 DOCUKKARY$TAWS (772)288-1980 DEED$ (d$, '1173 S , 0 O Parcel Identification No.: £ ', Grantor's Taxpayer ID No.: 59-0947833 NOTE$ a --- p y JEFFREY K.BARTON,CLERK IN THE RECORDS OF �— JEFFREY K. BAR'FON INDIAN RIVER COUNTY CLERK CIRCUIT COURT INDIAN RIVER CO.,FLA. SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made this3S day of Zagt , 2003, by LOST TREE VILLAGE CORPORATION, a Florida corporation ("Grantor"), hose office address is: 3399 PGA Boulevard, Suite 260, Palm Beach Gardens, Florida 33410 to CITY OF c VERO BEACH, a municipality within Indian River County, Florida ("City") as to an undivided one-tenth interest, whose address is: c/o Planning Department, 1053 20th Place, Vero Beach, W Florida 32960; the TOWN OF INDIAN RIVER SHORES, a municipality within Indian River I County, Florida ("Town") as to an undivided one-tenth interest, whose address is: c/o Town Offices, 6001 North A1A, Vero Beach, Florida 32963; and INDIAN RIVER COUNTY, a political -n subdivision in the State of Florida ("County") as to an undivided eight-tenths interest, whose address is c/o Planning Department, 1840 25th Street, Vero Beach, Florida 32960 (City, Town ^' and County shall be collectively referred to as "Grantee"). [Wherever used herein, the terms "Grantor" and "Grantee" are used for singular or plural, as context requires, and include, bind and inure to the benefit of all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of trustees, corporations,and/or partnerships.] WITNESSETH: That Grantor for and in consideration of the sum of TEN AND NO/100 U.S. DOLLARS (U.S. $10.00) paid to Grantor and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, by these presents does hereby GRANT, BARGAIN, SELL, ALIEN, REMISE, RELEASE, CONVEY, and CONFIRM unto Grantee, in fee simple, that certain land located in Indian River County, Florida, legally described on Exhibit "A" attached hereto and made a part hereof(the "Property"). This conveyance is made subject to those certain matters set forth in Exhibit "B", attached hereto and incorporated herein by reference (the "Permitted Exceptions"). The Property shall be restricted to conservation and passive recreation uses only. �D CA TO HAVE AND TO HOLD the Property, together with all and singular the rights and q1 appurtenances pertaining thereto, unto Grantee and Grantee's successors and assigns forever. And Grantor hereby covenants with Grantee that at the time of the delivery of this Special Warranty Deed, the Property is free from all encumbrances other than the Permitted Exceptions Q and that Grantor will warrant and defend the same against the lawful claims and demands of all CID persons claiming by, through or under Grantor, but against none other. C71 » Return to: Robert D. Schwartz J 4700 N.W. Boca Raton Blvd, #B201 Boca Raton, FL 33431 IN WITNESS WHEREOF, Grantor has caused these presents to be executed by its duly authorized officer the day and year first above written. Signed, sealed and delivered in the presence of: LOST TREE VILLAGE CORPORATION, a Florida corpor ion By: 60 , • • [Pr ed witness eJ 9!VCHARLES M. BAY , J Pre ent Cook. [Printed Witness Name] DerIA V.. STATE OF ) COUNTY OF The foregoing Special Warranty Deed was acknowledged before me this J��Sa' day of , 2003, by CHARLES M. BAYER, JR., as President of LOST TREE VILLAGE CORPORATION, a Florida corporation, on behalf of the corporation. He is 0 personally known to me or [ ] has produced as identification. Notary Public- State of " A t (NOTAfEAt) NOTARY PUBLIC MACM C04, w commisslow EXPIRES Aug A M05" ACTING IN WAYNE MUNTY,M � fl. V� CM r 0 CIOW • EXHIBIT "A" Legal Description Those portions of the following described island parcels of land lying landward of the Mean High Water Line of such islands: TRACT NO. 15 Beginning at a point 320 feet West of the Southeast corner of Section 24, Township 32 South, Range 39 East, being Point A, run North 90 degrees 0 minutes East, 320 feet to Point K. Run North 0 degrees 0 minutes East, 673 feet to Point J, run North 51 degrees 30 minutes West, 810 feet to Point L. Run South 36 degrees 0 minutes West, 260 feet to point W, Run South 26 degrees 07 minutes East, 1,070 feet to Point A, the point of beginning. TRACT NO. 16 Begin at a point 660 feet North of and 282 feet East of the Southwest corner of Section 19, Township 32 South, Range 40 East; thence North 45 degrees 00 minutes East, 100 feet; thence South 45 degrees 00 minutes East, 900 feet; thence South 45 degrees 00 minutes West, 100 feet; thence North 45 degrees 00 minutes West 900 feet, more or less to the point of beginning, lying and being in Section 19, Township 32 South, Range 40 East. TRACT NO. 17 Begin at a point 316 feet West of the Northeast corner of Section 25, Township 32 South, Range 39 East; thence South 26 degrees 07 minutes East, 720 feet; thence South 1,835 feet thence South 28 degrees 15 minutes East, 2,547.40 feet; thence North 57 degrees 00 minutes East, 1,380.00 feet; thence North 19 degrees 00 minutes East, 1,200 feet; thence North 08 degrees 00 minutes East, 768 feet; thence North 49 degrees 00 minutes West, 1,205 feet; thence North 41 degrees 00 minutes West, 1,686 feet; thence North 51 degrees 30 minutes West, 1,116 feet; thence South 673.00 feet; thence West 316 feet, more or less, to the point of beginning, lying and being in Section 25, Township 32 South, Range 39 East, and Section 30, Township 32 South, Range 40 East. CJ3 Cr''+ TRACT NO. 18 .... -ra Begin at a point 1,017 feet North of and 2,381 feet West of the Southeast corner of p Section 30, Township 32 South, Range 40 East; thence North 79 degrees, 00 minutes co West, 238 feet; thence North 11 degrees 00 minutes East, 1,612 feet; thence North 725 . feet; thence East 257.5 feet; thence South 725 feet; thence South 11 degrees, 00 minutes West, 1,662.4 feet, more or less, to the point of beginning, lying and being in Section 30, Township 32 South, Range 40 East. TRACT NO. 20 Begin at a point 350 feet North of and 2,182 feet West of the Southeast corner of Section 30, Township 32 South, Range 40 East; thence North 250 feet; thence West 110 feet; thence South 250 feet; thence East 110 feet, more or less to the point of beginning, lying and being in Section 30, Township 32 South, Range 40 East. TRACT NO. 25 In Section 19 and 30 of Township 32 South, Range 40 East: Commence at the Southwest corner of Section 19: thence North along the West boundary of Section 19, 700 feet: thence East 683 feet to the point of beginning: thence from the point of beginning North 79 degrees East, 3,130 feet; thence South 830 feet; thence South 69 degrees 45 minutes East, 410 feet; thence South 38 degrees, 30 minutes East, 945 feet; thence South 45 degrees 00 minutes West, 118 feet; thence West 320 feet; thence South 220 feet; thence East 160 feet; thence South 30 degrees East 1,247 feet; thence West 1,915 feet; thence North 44 degrees, 51 minutes West 3,515 feet, to the point of beginning first above described. LESS AND EXCEPT Beginning 700.00 feet North and 683.00 feet East of the Southwest corner of Section 19, Township 32 South, Range 40 East: run South 44 degrees 51 minutes 00 seconds East a distance of 2,755.00 feet for the point of beginning: thence run South 44 degrees 51 minutes 00 seconds East a distance of 760.00 feet; thence run East 1,915 feet; thence run North 60 degrees, 00 minutes, 00 seconds West 745.00 feet; thence run West 500.00 feet; thence South 81 degrees 41 minutes 56 seconds West a distance of 1,316.47 feet to the point of beginning. And also less and except any portion of said tract lying within Lots 34 through 38, Pebble Bay Estates, according to the Plat thereof as recorded in Plat Book 8, Page 17, of the Public Records of Indian River County, Florida; Lots 1, 14, 15, 28 through 32 and 49, Silver Shores Unit 2, according to the Plat thereof, as recorded in Plat Book 4, Page 69, of the Public Records of Indian River County, Florida; and Lots 5 and 6, Bethel Isle, Unit 1, according to the Plat thereof, as recorded in Plat Book 4, Page 35, of the Public Records of Indian River County, Florida. t.17 MSA IR 6-A -a A parcel of land lying in Sections 19 and 30, Township 32 South, Range 40 East, and Section 25, Township 32 South, Range 39 East, Indian River County, Florida, more 0 co particularly described as follows: ON N1 From the Southwest corner of Section 19, Township 32 South, Range 40 East, run due North along Section line a distance of 673 feet to point "J"; thence run South 51 degrees 30 minutes East a distance of 1,116 feet to a point "I" being on the South boundary of Section 19, Township 32 South, Range 40 East; thence run Southwesterly to a point "B", being on the Section line between Sections 25 and 30, Township 32 South, Range 40 East and lying 630 feet South of the Southwest corner of Section 19, Township 32 South, Range 40 East; thence run North 26 degrees 07 minutes West 720 feet to a point "A"; thence run due East 316 feet to the point of beginning. MSA IR 6-B A parcel of land lying in Tract 17 of Indian River Lands in Section 30, Township 32 South, Range 40 East, Indian River County, Florida, as shown on Carter and Damorow map dated May 5, 1930 of Indian River and adjacent lands, and more particularly described as follows: From the Southwest corner of the Northwest quarter of Section 30, Township 32 South, Range 40 East, run North along the Section line to Point "C" in the boundary of Tract 17, said point being the point of beginning; from said point of beginning run North 200 feet; thence run East 1,050 feet; thence run South 600 feet; thence run West to a point in the Southwest boundary of Tract 17; thence run North 28 degrees 15 minutes West in this boundary to the point of beginning. That portion of McCuller's Point consisting of lands lying landward of the Mean High Water Line of the following described tract: TRACT NO. 24— McCuller's Point In Section 19, of Township 32 South, Range 40 East: commence at the Southwest corner of Section 19, thence North along the West boundary of Section 19, 1,120 feet; thence East 370 feet to the point of beginning; thence from said point of beginning East 2,270 feet; thence North 37 degrees East 1,290 feet; thence North 62 degrees 45 minutes West 1,646 feet; thence North 70 degrees 30 minutes West 1,038 feet; thence South 66 degrees 30 minutes West 1,060 feet to the West boundary of Section 19; thence South along the West boundary of Section 19, 1,260 feet; thence East 370 feet; thence South 450 feet to the point of beginning first above described. Containing 122.22 acres, more or less. (Last course calculated closure should be: bearing: South 0 degrees 2 minutes West: Distance 507.72 feet; to the point of beginning.) �v to CT O co Cn Cn iI EXHIBIT "B" Permitted Exceptions 1. Phosphate, Minerals, Metals ad Petroleum Reservations and rights in favor of the State of Florida, as set forth in the deed from the Trustees of the Internal Improvement Fund, recorded in Deed Book 63, Page 309 and Supplemental Deed recorded in Deed Book 109, Page 89 (as to Tracts 16, 17, 18, 20, 24 & 25). 2. Phosphate, Minerals, Metals ad Petroleum Reservations and rights in favor of the State of Florida, as set forth in the deed from the Trustees of the Internal Improvement Fund, recorded in Deed Book 23, Page 76 (as to Tracts 16,17, 18 & 20). 3. Phosphate, Minerals, Metals ad Petroleum Reservations and rights in favor of the State of Florida, as set forth in the deed from the Trustees of the Internal Improvement Fund, recorded in Deed Book 23, Page 80 (as to Tracts 24 & 25). 4. Grants of Easements for Jacksonville-Miami Intercoastal Waterway, in favor of the United States of America as recorded in Deed Book 28, Page 442 and in Deed Book 32, Page 584. 5. Grant of Easement in favor of the United States of America for Intracoastal Waterway from Jacksonville, Florida to Miami, Florida as recorded in Official Records Book 30, Page 183. 6. Resolutions fixing Bulkheads as recorded in Plat Book 5, Page 27, and in Plat Book 5, Page 43, Public Records of Indian River County, Florida. CA CT GD -.1 70 691554.2 Prepared by and Return to: Karen D. Geller, Esq. Gunster,Yoakley&Stewart, P.A. -� 800 SE Monterey Commons Blvd., Ste.200 Stuart, Florida 34996 DQCt1 WARY9TAI" c-n (772)288-1980 CD Parcel Identification No.: DEED; .-7 C) Grantor's Taxpayer ID No.: 59-0947833 NOTE t!� JEFFREY K.BARM CLERK IN THE RECORDS OF INDIAN RNER COM JEFFREY K.BARTON CLERK CIRCUIT COURT INDIAN RIVER CO.,FLA. QUIT-CLAIM DEED THIS QUIT-CLAIM DEED made this3�4 day of AyVL-fc2003, by LOST TREE VILLAGE CORPORATION, a Florida corporation ("Grantor"), whose office address is: 3399 �o PGA Boulevard, Suite 260, Palm Beach Gardens, Florida 33410 to CITY OF VERO BEACH, a municipality within Indian River County, Florida ("City") as to an undivided one-tenth interest, whose address is: c/o Planning Department, 1053 20th Place, Vero Beach, Florida 32960; the s TOWN OF INDIAN RIVER SHORES, a municipality within Indian River County, Florida ("Town") as to an undivided one-tenth interest, whose address is: c/o Town Offices, 6001 North A1A, 'o Vero Beach, Florida 32963; and INDIAN RIVER COUNTY, a political subdivision in the State of :3: ry Florida ("County") as to an undivided eight-tenths interest, whose address is C/o Planning Department, 1840 25th Street, Vero Beach, Florida 32960 (City, Town and County shall be Na collectively referred to as "Grantee"). [Wherever used herein, the terms "Grantor" and "Grantee" are used for singular or plural, as context requires, and include, bind and inure to the benefit of all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of trustees, corporations,and/or partnerships.] WITNESSETH: That Grantor, for and in consideration of the sum of TEN ($10.00) DOLLARS in hand paid by Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release and quit-claim unto Grantee, forever, all the right, title, interest, claim and demand which Grantor has in and to the following described property, situate, lying and being in Indian River County, Florida, legally described on Exhibit "A" attached hereto and made a part hereof (the "Property"). The Property shall be restricted to conservation and passive recreation uses only. CA TO HAVE AND TO HOLD, the same together with all and singular the CIS appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, v title, interest, lien, equity and claim whatsoever of Grantor, either in law or equity, to the C-) only proper use, benefit and behoof of Grantee forever. CD co Cn CD Return to: Robert D. Schwartz _ 4700 N.W. Boca Raton Blvd, #13201 Boca Raton, FL 33431 IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: LOST TREE VILLAGE CORPORATION, a Florida corpor By: - [P ed witnes me] L: CHARLES M. BAY R, J , Pre ent 06hlo, 000i�j [Printed Witness Name] STATE OF 1 ch,9A� ) COUNTY OF W ) The foregoing Quit-Claim Deed was acknowledged before me this 31-M- day of Sprncta'r- , 2003, by CHARLES M. BAYER, JR., as President of LOST TREE VILLAGE COIRPORATION, a Florida corporation, on behalf of the corporation. He is N personally known to me or [ ] has produced as identification. Cook, Notary Public- State of DM IXIM (NOTARY 5 NOTARYPUSUC MACM 00.,IN r IN OOMMNSSION EXPIRES Aug 25,2008 ; ACTINO IN WAYNE COUNTY,MI r r .rte �7 EXHIBIT "A" Legal Description Those portions of the following described parcels of submerged land lying below the Mean High Water Line surrounding the islands contained in the following described tracts: TRACT NO. 15 Beginning at a point 320 feet West of the Southeast corner of Section 24, Township 32 South, Range 39 East, being Point A, run North 90 degrees 0 minutes East, 320 feet to Point K. Run North 0 degrees 0 minutes East, 673 feet to Point J, run North 51 degrees 30 minutes West, 810 feet to Point L. Run South 36 degrees 0 minutes West, 260 feet to point W, Run South 26 degrees 07 minutes East, 1,070 feet to Point A, the point of beginning. TRACT NO. 16 Begin at a point 660 feet North of and 282 feet East of the Southwest corner of Section 19, Township 32 South, Range 40 East; thence North 45 degrees 00 minutes East, 100 feet; thence South 45 degrees 00 minutes East, 900 feet; thence South 45 degrees 00 minutes West, 100 feet; thence North 45 degrees 00 minutes West 900 feet, more or less to the point of beginning, lying and being in Section 19, Township 32 South, Range 40 East. TRACT NO. 17 Begin at a point 316 feet West of the Northeast corner of Section 25, Township 32 South, Range 39 East; thence South 26 degrees 07 minutes East, 720 feet; thence South 1,835 feet thence South 28 degrees 15 minutes East, 2,547.40 feet; thence North 57 degrees 00 minutes East, 1,380.00 feet; thence North 19 degrees 00 minutes East, 1,200 feet; thence North 08 degrees 00 minutes East, 768 feet; thence North 49 degrees 00 minutes West, 1,205 feet; thence North 41 degrees 00 minutes West, 1,686 feet; thence North 51 degrees 30 minutes West, 1,116 feet; thence South 673.00 feet; thence West 316 feet, more or less, to the point of beginning, lying and being in Section 25, Township 32 South, Range 39 East, and Section 30, Township 32 South, Range 40 East. TRACT NO. 18 U1 Cn Begin at a point 1,017 feet North of and 2,381 feet West of the Southeast corner of -- Section 30, Township 32 South, Range 40 East; thence North 79 degrees, 00 minutes West, 238 feet; thence North 11 degrees 00 minutes East, 1,612 feet; thence North 725 C2 feet; thence East 257.5 feet; thence South 725 feet; thence South 11 degrees, 00 co minutes West, 1,662.4 feet, more or less, to the point of beginning, lying and being in `j O Section 30, Township 32 South, Range 40 East. TRACT NO. 20 Begin at a point 350 feet North of and 2,182 feet West of the Southeast corner of Section 30, Township 32 South, Range 40 East; thence North 250 feet; thence West 110 feet; thence South 250 feet; thence East 110 feet, more or less to the point of beginning, lying and being in Section 30, Township 32 South, Range 40 East. TRACT NO. 25 In Section 19 and 30 of Township 32 South, Range 40 East: Commence at the Southwest corner of Section 19: thence North along the West boundary of Section 19, 700 feet: thence East 683 feet to the point of beginning: thence from the point of beginning North 79 degrees East, 3,130 feet; thence South 830 feet; thence South 69 degrees 45 minutes East, 410 feet; thence South 38 degrees, 30 minutes East, 945 feet; thence South 45 degrees 00 minutes West, 118 feet; thence West 320 feet; thence South 220 feet; thence East 160 feet; thence South 30 degrees East 1,247 feet; thence West 1,915 feet; thence North 44 degrees, 51 minutes West 3,515 feet, to the point of beginning first above described. LESS AND EXCEPT Beginning 700.00 feet North and 683.00 feet East of the Southwest corner of Section 19, Township 32 South, Range 40 East: run South 44 degrees 51 minutes 00 seconds East a distance of 2,755.00 feet for the point of beginning: thence run South 44 degrees 51 minutes 00 seconds East a distance of 760.00 feet; thence run East 1,915 feet; thence run North 60 degrees, 00 minutes, 00 seconds West 745.00 feet; thence run West 500.00 feet; thence South 81 degrees 41 minutes 56 seconds West a distance of 1,316.47 feet to the point of beginning. And also less and except any portion of said tract lying within Lots 34 through 38, Pebble Bay Estates, according to the Plat thereof as recorded in Plat Book 8, Page 17, of the Public Records of Indian River County, Florida; Lots 1, 14, 15, 28 through 32 and 49, Silver Shores Unit 2, according to the Plat thereof, as recorded in Plat Book 4, Page 69, of the Public Records of Indian River County, Florida; and Lots 5 and 6, Bethel Isle, Unit 1, according to the Plat thereof, as recorded in Plat Book 4, Page 35, of the Public Records of Indian River County, Florida. MSA IR 6-A A parcel of land lying in Sections 19 and 30, Township 32 South, Range 40 East, and Cn Section 25, Township 32 South, Range 39 East, Indian River County, Florida, more particularly described as follows: C3 CD From the Southwest corner of Section 19, Township 32 South, Range 40 East, run due North along Section line a distance of 673 feet to point "J"; thence run South 51 degrees 30 minutes East a distance of 1,116 feet to a point "I" being on the South boundary of Section 19, Township 32 South, Range 40 East; thence run Southwesterly to a point "B", being on the Section line between Sections 25 and 30, Township 32 South, Range 40 East and lying 630 feet South of the Southwest corner of Section 19, Township 32 South, Range 40 East; thence run North 26 degrees 07 minutes West 720 feet to a point "A"; thence run due East 316 feet to the point of beginning. MSA IR 6-B A parcel of land lying in Tract 17 of Indian River Lands in Section 30, Township 32 South, Range 40 East, Indian River County, Florida, as shown on Carter and Damorow map dated May 5, 1930 of Indian River and adjacent lands, and more particularly described as follows: From the Southwest corner of the Northwest quarter of Section 30, Township 32 South, Range 40 East, run North along the Section line to Point "C" in the boundary of Tract 17, said point being the point of beginning; from said point of beginning run North 200 feet; thence run East 1,050 feet; thence run South 600 feet; thence run West to a point in the Southwest boundary of Tract 17; thence run North 28 degrees 15 minutes West in this boundary to the point of beginning. That portion of the following described parcel of submerged land lying below the Mean High Water Line surrounding McCuller's Point contained in the following described tract: TRACT NO. 24 — McCuller's Point In Section 19, of Township 32 South, Range 40 East: commence at the Southwest corner of Section 19, thence North along the West boundary of Section 19, 1,120 feet; thence East 370 feet to the point of beginning; thence from said point of beginning East 2,270 feet; thence North 37 degrees East 1,290 feet; thence North 62 degrees 45 minutes West 1,646 feet; thence North 70 degrees 30 minutes West 1,038 feet; thence South 66 degrees 30 minutes West 1,060 feet to the West boundary of Section 19; thence South along the West boundary of Section 19, 1,260 feet; thence East 370 feet; thence South 450 feet to the point of beginning first above described. Containing 122.22 acres, more or less. (Last course calculated closure should be: bearing: South 0 degrees 2 minutes West: Distance 507.72 feet; to the point of beginning.) And CA tT -a t� w PwJ That portion of McCuller's Point (i) lying landward of the Mean High Water Line surrounding McCuller's Point and (ii) submerged lying below the Mean High Water Line surrounding McCuller's Point contained in the following described tract: From the Southwest corner of Section 19, Township 32 South, Range 40 East, Indian River County, Florida, run North on the West boundary of Section 19, A distance of 2,830 feet to a point of beginning; from said point of beginning continue North on said Section line a distance of 766.91 feet to a point; thence run South 70 degrees, 30 minutes East a distance of 1,031.23 feet to a point; thence run South 66 degrees, 30 minutes West a distance of 1,060 feet to said point of beginning. CA M -c+ C1 ED -j w Page 1 of 7 Policy of Title Insurance Commonwealth Land Title Insurance Company Schedule A Order Number: 51131952CA Policy Number: A02-0066728 Reference Number: Lost Tree/Town of Indian River Amount of Insurance: $15,105,000.00 Date of Policy: The date shown below or the date of recording of the instruments referred to in Item 3, whichever is the later. February 5, 2003 at 2:02 P.M. 1. Name of Insured TOWN OF INDIAN RIVER SHORES, a Florida municipality within Indian River County, INDIAN RIVER COUNTY, a political subdivision of the State of Florida and the CITY OF VERO BEACH, a municipality within Indian River County, Florida, as their interests may appear 2. The estate or interest in the land described herein and which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: TOWN OF INDIAN RIVER SHORES, a Florida municipality, INDIAN RIVER COUNTY, a political subdivision of the State of Florida and the CITY OF VERO BEACH, a municipality within Indian River County, Florida, as their interests may appear 4. The Land referred to in this policy is described as follows: (See attached Exhibit A for legal description) Robert D c rtz, PA. 4%0 N.W. Boca RatqAgvd. Suite B-201 Boca Raton, FL 33431 This policy is invalid unless a cover sheet and Schedule B are attached. http://sflorida.titlewave.net/PolicyPreview.asp?DocNum=13 5009&FolderNum=13 5009&Inde... 3/17/03 Page 6 of 7 T Schedule B Policy Number: A02-0066728 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)which arise by reason of- 1. f:1. Taxes and assessments for the year 2003 and subsequent years. 2. Phosphate, Minerals, Metals and Petroleum Reservations and rights in favor of the State of Florida, as set forth in the deed from the Trustees of the Internal Improvement Fund, recorded in Deed Book 63, Page 309 and Supplemental Deed recorded in Deed Book 109, page 89 (as to Tracts 16, 17, 18, 20, 24 & 25). 3. Phosphate, Minerals, Metals and Petroleum Reservations and rights in favor of the State of Florida, as set forth in the deed from the Trustees of the Internal Improvement Fund, recorded in Deed Book 23, Page 76 (as to Tracts 16, 17, 18, & 20). 4. Phosphate, Minerals, Metals and Petroleum Reservations and rights in favor of the State of Florida, as set forth in the deed from the Trustees of the Internal Improvement Fund, recorded in Deed Book 23, Page 80 (as to Tracts 24 & 25). 5. Grants of Easements for Jacksonville-Miami Intercoastal Waterway, in favor of the United States of America as recorded in Deed Book 28, page 442 and in Deed Book 32, page 584. 6. Grant of Easement in favor of the United States of America for Intracoastal Waterway From Jacksonville, Florida to Miami, Florida as recorded in Official Records Book 30, page 183. 7. Resolutions fixing Bulkheads as recorded in Plat Book 5,page 27 and in Plat Book 5,page 43, Public Records of Indian River County, Florida. 8. Notwithstanding the legal description in Schedule A, this policy does not insure against rights of the State of Florida based on the doctrine of the state's sovereign ownership of lands lying below the mean high water line of any navigable or tidally influenced waters. 9. Any land described in Schedule A which is artificially filled land in what was formerly navigable waters, is subject to the rights of the United States government, arising by said government's control over navigable waters involving navigation and commerce. 10. Rights, if any, of the public to use as a public beach or recreation area any part of the land lying between the body of water abutting the subject property and the natural line of vegetation, bluff, extreme high water line, or other apparent boundary line separating the publicly used area from the upland private area. 11. The nature, extent or existence of riparian rights are not insured. NOTE: All recording references in this commitment/policy shall refer to the Public Records of Indian River County, Florida, unless otherwise noted. http://sflorida.titlewave.net/PolicyPreview.asp?DocNum=13 5009&FolderNum=13 5009&Inde... 3/17/03 Page 7 of 7 NOTE: In accordance with Florida Statutes section 627.413 1, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting the Commonwealth Land Title Insurance Company Regional Office, 201 South Orange Avenue, Suite 1350, Orlando, FL 32801 Telephone 407-481-8181. http://sflorida.titlewave.net/PolicyPreview.asp?DocNum=13 5009&FolderNum=13 5009&Inde... 3/17/03 Page 2 of 7 Exhibit A Policy Number: A02-0066728 Those portions of the following described island parcels of land lying landward of the Mean High Water Line of such islands: TRACT NO. 15 Beginning at a point 320 feet West of the Southeast corner of Section 24, Township 32 South, Range 39 East, being Point A, run North 90 degrees 0 minutes East, 320 feet to Point K; run North 0 degrees 0 minutes East, 673 feet to Point J; run North 51 degrees 30 minutes West, 810 feet to Point L; run South 36 degrees 0 minutes West, 260 feet to Point W; run South 26 degrees 07 minutes East, 1070 feet to Point A, the Point of Beginning. TRACT NO. 16 Begin at a point 660 feet North of and 282 feet East of the Southwest corner of Section 19, Township 32 South, Range 40 East; thence North 45 degrees 00 minutes East 100 feet; thence South 45 degrees 00 minutes East, 900 feet; thence South 45 degrees 00 minutes West 100 feet; thence North 45 degrees 00 minutes West 900 feet, more or less to the Point of Beginning, lying and being in Section 19, Township 32 South, Range 40 East. TRACT NO. 17 Begin at a point 316 feet West of the Northeast corner of Section 25, Township 32 South, Range 39 East; thence South 26 degrees 07 minutes East, 720 feet; thence South 1835 feet; thence South 28 degrees 15 minutes East 2547.40 feet; thence North 57 degrees 00 minutes East, 1380 feet; thence North 19 degrees 00 minutes East 1200 feet; thence North 08 degrees 00 minutes East, 768 feet; thence North 49 degrees 00 minutes West, 1205 feet; thence North 41 degrees 00 minutes West 1686 feet; thence North 51 degrees 30 minutes West, 1116 feet; thence South 673 feet; thence West 316 feet, more or less, to the point of beginning, lying and being in Section 25, Township 32 South, Range 39 East, and in Section 30, Township 32 South, Range 40 East. (said legal includes portions also known as MSA IR 6- A and MSA IR 6-B) TRACT NO. 18 Begin at a point 1017 feet North of and 2,381 feet West of the Southeast corner of Section 30, Township 32 South, Range 40 East; thence North 79 degrees 00 minutes West, 238 feet; thence North 11 degrees 00 minutes East, 1612 feet; thence North 725 feet; thence East 257.5 feet; thence South 725 feet; thence South 11 degrees 00 minutes West, 1662.4 feet, more or less,to the point of beginning, lying and being in Section 30, Township 32 South, Range 40 East. TRACT NO. 20 Begin at a point 350 feet North of and 2182 feet West of the Southeast corner of Section 30, Township 32 South, Range 40 East; thence North 250 feet; thence West 110 feet; thence South 250 feet; thence West 110 feet; thence South 250 feet; thence East 110 feet, more or less,to the point of beginning, lying and being in Section 30, Township 32 South, Range 40 East. TRACT NO. 25 In Sections 19 and 30 of Township 32 South, Range 40 East; Commence at the Southwest corner of Section 19;thence North along the West boundary of Section 19, 700 feet; thence East 683 feet to the point of beginning; thence from the point of beginning North 79 degrees East, 3130 feet; thence South 830 feet; thence South 69 degrees 45 minutes East, 410 feet; thence South 38 degrees 30 minutes East, 945 feet; thence South 45 degrees 00 minutes West, 118 feet; thence West 320 feet; thence South 220 http://sflorida.titlewave.net/PolicyPreview.asp?DocNum=13 5009&FolderNum=13 5009&Inde... 3/17/03 Page 3 of 7 feet; thence East 160 feet; thence South 30 degrees East, 1247 feet; thence West 1915 feet; thence North 44 degrees 51 minutes West, 3515 feet, to the point of beginning first above described. LESS AND EXCEPT: Beginning 700.00 feet North and 683.00 feet East of the Southwest corner of Section 19, Township 32 South, Range 40 East; run South 44 degrees 51 minutes 00 seconds East a distance of 2755.00 feet for the point of beginning; thence run South 44 degrees 51 minutes 00 seconds East a distance of 760.00 feet; thence run East 1915 feet; thence run North 60 degrees 00 minutes 00 seconds West 745.00 feet; thence run West 500.00 feet; thence South 81 degrees 41 minutes 56 seconds West a distance of 1316.47 feet to the point of beginning. And also less and except any portion of said tract lying within Lots 34 through 38, Pebble Bay Estates, according to the Plat thereof, as recorded in Plat Book 8, page 17, of the Public records of Indian River County, Florida; Lots 1, 14, 15, 28 through 32 and 49; Silver Shores Unite 2, according to the Plat thereof, as recorded in Plat Book 4, page 69, of the Public records of Indian River County, Florida; and Lots 5 and 6, Bethel Isle, Unit 1, according to the Plat thereof, as recorded in Plat Book 4, page 35, of the Public records of Indian River County, Florida. TRACT 24 Those portions of McCuller's Point consisting of lands lying landward of the Mean High Water Line of the following described tract: In Section 19, of Township 32 South, Range 40 East; Commence at the Southwest corner of Section 19; thence North along the West boundary of Section 19, 1120 feet; thence East 370 feet to the point of beginning; thence from said point of beginning East 2270 feet; thence North 37 degrees East 1290 feet; thence North 62 degrees 45 minutes West 1646 feet; thence North 70 degrees 30 minutes West 1038 feet; thence South 66 degrees 30 minutes West 1060 feet to the West boundary of Section 19; thence South along the West boundary of Section 19, 1260 feet; thence East 370 feet; thence South 450 feet to the point of beginning first above described. (Last Course calculated closure should be: bearing: South 0 degrees 2 minutes West distance of 507.72 feet, to the point of beginning.) EXHIBIT "B" Those portions of the following described parcels of submerged land lying below the Mean High Water Line surrounding the islands contained in the following described tracts: TRACT NO. 15 Beginning at a point 320 feet West of the Southeast corner of Section 24, Township 32 South, Range 39 East, being Point A, run North 90 degrees 0 minutes East, 320 feet to Point K; run North 0 degrees 0 minutes East, 673 feet to Point J; run North 51 degrees 30 minutes West, 810 feet to Point L; run South 36 degrees 0 minutes West, 260 feet to Point W; run South 26 degrees 07 minutes East, 1070 feet to Point A,the Point of Beginning. TRACT NO. 16 Begin at a point 660 feet North of and 282 feet East of the Southwest corner of Section 19, Township 32 South, Range 40 East; thence North 45 degrees 00 minutes East 100 feet; thence South 45 degrees 00 minutes East, 900 feet; thence South 45 degrees 00 minutes West 100 feet; thence North 45 degrees 00 http://sflorida.titlewave.net/PolicyPreview.asp?DocNum=l 35009&FolderNum=135009&Inde... 3/17/03 Page 4 of 7 minutes West 900 feet, more or less to the Point of Beginning, lying and being in Section 19, Township 32 South, Range 40 East. TRACT NO. 17 Begin at a point 316 feet West of the Northeast corner of Section 25, Township 32 South, Range 39 East; thence South 26 degrees 07 minutes East, 720 feet; thence South 1835 feet; thence South 28 degrees 15 minutes East 2547.40 feet; thence North 57 degrees 00 minutes East, 1380 feet; thence North 19 degrees 00 minutes East 1200 feet; thence North 08 degrees 00 minutes East, 768 feet; thence North 49 degrees 00 minutes West, 1205 feet; thence North 41 degrees 00 minutes West 1686 feet; thence North 51 degrees 30 minutes West, 1116 feet; thence South 673 feet; thence West 316 feet, more or less, to the point of beginning, lying and being in Section 25, Township 32 South, Range 39 East, and in Section 30, Township 32 South, Range 40 East. (said legal includes portions also known as MSA IR 6- A and MSA IR 6-13) TRACT NO. 18 Begin at a point 1017 feet North of and 2,381 feet West of the Southeast corner of Section 30, Township 32 South, Range 40 East; thence North 79 degrees 00 minutes West, 238 feet; thence North 11 degrees 00 minutes East, 1612 feet; thence North 725 feet; thence East 257.5 feet; thence South 725 feet; thence South 11 degrees 00 minutes West, 1662.4 feet, more or less,to the point of beginning, lying and being in Section 30, Township 32 South, Range 40 East. TRACT NO. 20 Begin at a point 350 feet North of and 2182 feet West of the Southeast corner of Section 30, Township 32 South, Range 40 East; thence North 250 feet; thence West 110 feet; thence South 250 feet;thence West 110 feet; thence South 250 feet; thence East 110 feet, more or less, to the point of beginning, lying and being in Section 30, Township 32 South, Range 40 East. TRACT NO. 25 In Sections 19 and 30 of Township 32 South, Range 40 East; Commence at the Southwest corner of Section 19; thence North along the West boundary of Section 19, 700 feet; thence East 683 feet to the point of beginning;thence from the point of beginning North 79 degrees East, 3130 feet; thence South 830 feet; thence South 69 degrees 45 minutes East, 410 feet; thence South 38 degrees 30 minutes East, 945 feet; thence South 45 degrees 00 minutes West, 118 feet; thence West 320 feet; thence South 220 feet; thence East 160 feet; thence South 30 degrees East, 1247 feet; thence West 1915 feet; thence North 44 degrees 51 minutes West, 3515 feet, to the point of beginning first above described. LESS AND EXCEPT: Beginning 700.00 feet North and 683.00 feet East of the Southwest corner of Section 19, Township 32 South, Range 40 East; run South 44 degrees 51 minutes 00 seconds East a distance of 2755.00 feet for the point of beginning; thence run South 44 degrees 51 minutes 00 seconds East a distance of 760.00 feet; thence run East 1915 feet; thence run North 60 degrees 00 minutes 00 seconds West 745.00 feet; thence run West 500.00 feet; thence South 81 degrees 41 minutes 56 seconds West a distance of 1316.47 feet to the point of beginning. And also less and except any portion of said tract lying within Lots 34 through 38, Pebble Bay Estates, according to the Plat thereof as recorded in Plat Book 8, page 17, of the Public Records of Indian River County, Florida; Lots 1, 14, 15, 28 through 32 and 49, Silver Shores Unit 2, according to the Plat thereof, as recorded in Plat Book 4, page 69, of the Public Records of Indian River County, Florida; and Lots 5 and 6, Bethel Isle, Unit 1, according to the Plat thereof, as recorded in Plat Book 4, page 35, of the Public Records of Indian River County, Florida. http://sflorida.titlewave.net/PolicyPreview.asp?DocNum=13 5009&FolderNum=135009&Inde... 3/17/03 Page 5 of 7 TRACT 24 Those portions of McCuller's Point consisting of lands lying landward of the Mean High Water Line of the following described tract: In Section 19, of Township 32 South, Range 40 East; Commence at the Southwest corner of Section 19; thence North along the West boundary of Section 19, 1120 feet; thence East 370 feet to the point of beginning;thence from said point of beginning East 2270 feet; thence North 37 degrees East 1290 feet; thence North 62 degrees 45 minutes West 1646 feet; thence North 70 degrees 30 minutes West 1038 feet; thence South 66 degrees 30 minutes West 1060 feet to the West boundary of Section 19; thence South along the West boundary of Section 19, 1260 feet; thence East 370 feet; thence South 450 feet to the point of beginning first above described. (Last Course calculated closure should be: bearing: South 0 degrees 2 minutes West distance of 507.72 feet,to the point of beginning.) http://sflorida.titlewave.net/PolicyPreview.asp?DocNum=13 5 009&FolderNum=13 5 009&Inde... 3/17/03 } CONDITIONS AND STIPULATIONS (Continued) �7. DETERMINATION AND EXTENT OF LIABILITY. The Company shall be subrogated to and be entitled to all rights and This policy is a contract of indemnity against actual monetary loss or remedies which the insured claimant would have had against any person damage sustained or incurred by the insured claimant who has suffered or property in respect to the claim had this policy not been issued. If loss or damage by reason of matters insured against by this policy and requested by the Company, the insured claimant shall transfer to the only to the extent herein described. Company all rights and remedies against any person or property neces- (a) The liability of the Company under this policy shall not exceed the sary in order to perfect this right of subrogation. The insured claimant least of: shall permit the Company to sue,compromise or settle in the name of the (i) the Amount of Insurance stated in Schedule A; or, insured claimant and to use the name of the insured claimant in any (ii) the difference between the value of the insured estate or transaction or litigation involving these rights or remedies. interest as insured and the value of the insured estate or interest subject If a payment on account of a claim does not fully cover the loss of the to the defect,lien or encumbrance insured against by this policy. insured claimant,the Company shall be subrogated to these rights and (b)The Company will pay only those costs, attorneys' fees and remedies in the proportion which the Company's payment bears to the expenses incurred in accordance with Section 4 of these Conditions and Whole amount of the loss. Stipulations. If loss should result from any act of the insured claimant, as stated above,that act shall not void this policy,but the Company,in that event, 8. APPORTIONMENT. shall be required to pay only that part of any losses insured against by this If the land described in Schedule A consists of two or more parcels policy which shall exceed the amount, if any, lost to the Company by which are not used as a single site,and a loss is established affecting one reason of the impairment by the insured claimant of the Company's right or more of the parcels but not all,the loss shall be computed and settled of subrogation. on a pro rata basis as if the amount of insurance under this policy was (b) The Company's Rights Against Non-insured Obligors. divided pro rata as to the value on Date of Policy of each separate parcel The Company's right of subrogation against non-insured obligors to the whole,exclusive of any improvements made subsequent to Date of shall exist and shall include,without limitation,the rights of the insured Policy,unless a liability or value has otherwise been agreed upon as to to indemnities,guaranties,other policies of insurance or bonds,notwith- each parcel by the Company and the insured at the time of the issuance standing any terms or conditions contained in those instruments which of this policy and shown by an express statement or by an endorsement attached to this policy. provide for subrogation rights by reason of this policy. 9. LIMITATION OF LIABILITY. 14. ARBITRATION. (a) If the Company establishes the title,or removes the alleged defect, Unless prohibited by applicable law,arbitration pursuant to the Title lien or encumbrance,or cures the lack of a right of access to or from the Insurance Arbitration Rules of the American Arbitration Association land, or cures the claim of unmarketability of title, all as insured, in a may be demanded if agreed to by both the Company and the insured. reasonably diligent manner by any method,including litigation and the Arbitrable matters may include,but are not limited to,any controversy completion of any appeals therefrom, it shall have fully performed its or claim between the Company and the insured arising out of or relating obligations with respect to that matter and shall not be liable for any loss to this policy,any service of the Company in connection with its issuance or damage caused thereby. or the breach of a policy provision or other obligation. Arbitration (b) In the event of any litigation,including litigation by the Company pursuant to this policy and under the Rules in effect on the date the or with the Company's consent,the Company shall have no liability for demand for arbitration is made or,at the option of the insured,the Rules loss or damage until there has been a final determination by a court of in effect at Date of Policy shall be binding upon the parties.The award competent jurisdiction,and disposition of all appeals therefrom,adverse may include attorneys'fees only if the laws of the state in which the land to the title as insured. is located permit a court to award attorneys' fees to a prevailing party. (c) The Company shall not be liable for loss or damage to any insured Judgment upon the award rendered by the Arbitrator(s)may be entered in any court having jurisdiction thereof. for liability voluntarily assumed by the insured in settling any claim or The law of the situs of the land shall apply to an arbitration under the suit without the prior written consent of the Company. pp y Title Insurance Arbitration Rules. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION A copy of the Rules may be obtained from the Company upon request. OF LIABILITY. All payments under this policy, except payments made for costs, 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE attorneys' fees and expenses,shall reduce the amount of the insurance CONTRACT. pro tanto. (a) This policy together with all endorsements,if any,attached hereto 11. LIABILITY NONCUMULATIVE. by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy It is expressly understood that the amount of insurance under this shall be construed as a whole. policy shall be reduced by any amount the Company may pay under any (b) Any claim of loss or damage,whether or not based on negligence, policy insuring a mortgage to which exception is taken in Schedule B or and which arises out of the status of the title to the estate or interest to which the insured has agreed,assumed,or taken subject,or which is covered hereby or by any action asserting such claim,shall be restricted hereafter executed by an insured and which is a charge or lien on the to this policy. estate or interest described or referred to in Schedule A,and the amount so paid shall be deemed a payment under this policy to the insured owner. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either 12. PAYMENT OF LOSS. the President,a Vice President,the Secretary,an Assistant Secretary,or (a) No payment shall be made without producing this policy for validating officer or authorized signatory of the Company. endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the 16. SEVERABILITY. satisfaction of the Company. In the event any provision of the policy is held invalid or unenforceable (b) When liability and the extent of loss or damage has been definitely under applicable law, the policy shall be deemed not to include that fixed in accordance with these Conditions and Stipulations,the loss or provision and all other provisions shall remain in full force and effect. damage shall be payable within 30 days thereafter. 17. NOTICES WHERE SENT. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. All notices required to be given the Company and any statement in (a) The Company's Right of Subrogation writing required to be furnished the Company shall include the number Whenever the Company shall have settled and paid a claim under this of this policy and shall be addressed to: Consumer Affairs Department, policy,all right of subrogation shall vest in the Company unaffected by P.O.Box 27567,Richmond,Virginia 23261-7567. any act of the insured claimant. Inquires regarding policy coverage and assistance in resolving complaints, should be directed to the Company at (407) 481-8181. Claims must be reported in accordance with Conditions and ALTA Owner's Policy(10-17-92)Cover Page Stipulations. with Florida Modifications Valid only if Face Page and Schedules A and B are attached Form 1190-22 ORIGINAL BOARD OF COUNTY COMMISSIONERS OFFICE OF COUNTYATTORNEY William G.Collins H,County Attorney 4 Marian E.Fell,Assistant County Attorney �C # �ORI�p' March 25, 2003 Chester Clem, Esq. Town Attorney Town of Indian River Shores c/o 3333 20th Street Vero Beach, FL 32960-2469 Charles P. Vitunac, Esq. City Attorney City of Vero Beach 1053 20th Place Vero Beach, FL 32960 Re: Lost Tree Village Property Dear Chester and Charlie: Enclosed for your respective Town and City files please find a recorded copy of the Special Warranty Deed and the Quit Claim Deed, along with a copy of the Title Insurance Policy for the Lost Tree Village property. Yours truly, William G. Collins II County Attorney nhm RECEIVED enclosures cc: Roland DeBlois— Chief, Environmental Planning MAR 2 5 2003 Raeanne Cone— Fixed Assets CLERK TO THE BOARD Clerk to Board of County Commissioners (w/originals) 1840 25th Street,Vero Beach,Florida 32960-(772) 567-8000,Ext. 1424-Fax(772) 569-4317 ircattome3,(—@ircgov.com 1494674 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 1663 PG: 112, 11/22/2003 11:48 AM DOC STAMPS D $0.70 COUNTY DEED INDIAN RIVER COUNTY, FLORIDA THIS DEED, made this 51-1 day of February, 2003, by INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, party of the first part, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, and PATRICIA H. HOLM and BARRY W. N. HOLM, as CO- TRUSTEES OF THE PATRICIA H. HOLM REVOCABLE TRUST-1984, a Florida Trust, party of the second part, whose mailing address Is 713 Shore Drive,Vero Beach,Florida 32963. WITNESSETH that the said party of the first part, for and in consideration of the sum of Ten Dollars($10.00)to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the party of the second part, its heirs and assigns forever, the following described land lying and being in Indian River County,Florida: Lot 29 of SILVER SHORES, UNIT NO. 2, according to the Plat thereof recorded in Plat Book 4,Page 69 of the Public Records of Indian River County,Florida. AND A parcel of land lying between Lot 29 of SILVER SHORES, UNIT NO. 2, and the face of the existing seawall lying Westerly of said Lot 29,said Lot 29 being shown on said Plat of SILVER SHORES, UNIT NO. 2, as recorded in Plat Book 4, Page 69 of the Public Records of Indian River County,Florida,said parcel being described as follows: Begin at the Southwest comer of said Lot 29, thence South 63035140"West along the Westerly prolongation of the Southerly line of said Lot 29,a distance of 1.30 feet to the existing face of the concrete seawall; thence North 26055108" West along said face, a distance of 30.40 feet; thence North 32012'32" West still along said face, a REEIED JAN 2 1 7004 CLERK TO THE BOARD BK: 1663 PG: 113 distance of 90.11 feet more or less to a point on the Westerly prolongation of the North line of said Lot 29; thence North 80023100" East along said prolongation, a distance of 14.46 feet more or less to the Northwest comer of said Lot 29;thence Southerly along the rear line of said Lot 29 to the Point of Beginning. TOGETHER WITH all riparian rights, the bulkhead easement area adjoining or abutting the Lot, and described on the aforementioned Plat as"Bulkhead Limit 10'" (the "bulkhead Easement Area"), and all rights appertaining thereto, and together with an easement over the submerged lands of the Indian River and navigable access through the waterways of the Indian River for access to and egress from the Lot and Bulkhead Easement Area and all bulkheads,seawalls, docks,davits and other improvements benefiting the Lot and Bulkhead Easement Area. TOGETHER WITH all the tenements, hereditaments, appurtenances and Improvements thereto belonging or In anyway appertaining. IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year aforesaid. INDIAN RIVER COUNTY,FLORIDA au�'s By its Board of County Commissioners Attest: . r.. gy; ' uty. ... `. ' enneth R. acht,Chairman Pl�fl{III� OQELY BCC approved: February 4. 2003 This document was prepared by: (Official Seal) Indian River County Attorney's Office APPROVED TO FORM Vero Be 1840 Beth Streetach,FL 32960 AND LEGAL SUFIENCY (772)5878000,Ext.1423 BY & " �.k WILLIAM 0. COLLINS II DEPUTY COUNTY ATTORNEY' 2 t 1494678 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 1663 PG: 122, 11/22/2003 11:48 AM DOC STAMPS D $0,70 Prepared by and return to: Lhester Clem,Esq. Clem,Polackwich,Vocalic&Berg,L.L.P. 3333 206 Strad Vero Bcach.FL 32960-2469 QUIT-CLAIM DEED THIS DEED,made the RS�'day of x$19 2003,by the TOWN OF INDIAN RIVER SHORES,a municipality within Indian River County,Florida,party of the first part, whose mailing address is 6001 North A IA,Indian River Shores,Florida 32963,and PATRICIA H. HOLM and BARRY W. N.HOLM,as CO-TRUSTEES OF THE PATRICIA H.HOLM REVOCABLE TRUST-1984,a Florida Trust,party of the second part,whose mailing address is 713 Shore Drive,Vero Beach,Florida 32963. WITNESSETH that the said party of the first pari,for and in consideration of the sum of Ten Dollars ($10.00)to it in hand paid by the party of the second part,receipt whereof is hereby acknowledged,has granted,bargained and sold to the party of the second part,its heirs and assigns lbrever,the following described land lying and being in Indian River County,Florida: Lot 29 of SILVER SHORES,UNIT NO.2,according to the Plat thereof recorded in Plat Book 4,Page 69 of the Public Records of Indian River County,Florida. AND A parcel of land lying between Lot 29 of SILVER SHORES, UNIT NO.2,and the face of the existing seawall lying Westerly of said Lot 29,said Lot 29 being shown on said Plat of SILVER SHORES,UNIT NO.2,as recorded in Plat Book 4,Page 69 of the Public Records of Indian River County, Florida, said parcel being described as follows: Begin at the Southwest corner of said Lot 29, thence South 63°35'40"West along the Westerly prolongation of the Southerly line of said Lot 29,a distance of 1.30 feet to the existing face of -1- VIECEIVED JAN 2 1 9004 CLERK To THE BOARD BK: 1663 PG: 123 the concrete seawall; thence North 26055'08" West along said face,a distance of 30.40 feet;thence North 32012'32"West still along said face,a distance of 90.11 feet more or less to a point on the Westerly prolongation of the North line of said Lot 29;thence North 80°23100"East along said prolongation,a distance of 14.46 feet more or less to the Northwest corner of said Lot 29;thence Southerly along the rear line of said Lot 29 to the Point of Beginning. TOGETHER WITH all riparian rights,the bulkhead easement area adjoining or abutting the Lot, and described on the aforementioned Plat as"Bulkhead Limit 101" (the"Bulkhead Easement Area"), and all rights appertaining thereto, and together with an easement over the submerged lands of the Indian River and navigable access through the waterways of the Indian River for access to and egress from the Lot and Bulkhead Easement Area and all bulkheads,seawalls,docks,davits and other improvements benefitting the Lot and Bulkhead Easement Area. TOGETHER WITH all the tenements, hereditaments, appurtenances and improvements thereto belongingorin anyway appertaining. IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by the Town Council,acting by the Mayor of said Council,the day and year aforesaid. Signed,sealed and delivered TOWN OF INDIAN RIVER SHORES in the presence of: ��-W By: Print Name. Thomas W.Cadden,Mayor Witness Z ATTEST: Print Name—► E t Witness By: Town Clerk -2- -Y BK: 1663 PG: 124 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this f�Xt . S by Thomas W. Cadden,Mayor,Town of Indian River Shores,who is personally known to me OF Wh@ has.PredWAd Notary Public-State of Florida Of Barb=A ba" Print,type or stamp commission name of Wim! mils:»WW�t,2002 Notary Pu blic:/YlKejgm Wag,04y, 10 m"U"N"M10AW"M Commission No. b0/75'S79 07377 5.214)3;6.03-03 -3- 1482294 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 1645 PG: 1332, 10/10/2003 10:09 AM DOC STAMPS D $0.70 l�y�v i Prepared by and return to: Chester Clem,N. Clem,Poiockwich.Vocalic&Berg,LL.P. 3333 20 Strew V Vero Beach,FL 32960-2469 v QUIT-CLAIM DEED J V THIS DEED,made the Z day of 00 QIgh n_,2003,by the CITY OF VERO BEACH,a municipality within Indian River County;Florida,patty of the first part,whose v mailing address is ,Vero Beach, Florida 32961,and PATRICIA H. HOLM and BARRY W.N.HOLM,as CO-TRUSTEES OF THE PATRICIA H.HOLM REVOCABLE TRUST-1984,a Florida Trust,party of the second part,whose mailing address is 713 Shore Drive,Vero Beach,Florida 32963. WITNESSETH that the said party of the first part,for and in consideration of the stun of Ten Dollars ($10.00)to it in hand paid by the party of the second part,receipt whereof is hereby acknowledged,has granted,bargained and sold to the party of the second part,its heirs and assigns forever,the following described land lying and being in Indian River County,Florida: Lot 29 of SILVER SHORES,UNIT NO.2,according to the Plat thereof recorded in Plat Book 4,Page 69 of the Public Records of Indian River County,Florida. AND A parcel of land lying between Lot 29 of SILVER SHORES, UNIT NO.2,and the face of the existing seawall lying Westerly of said Lot 29,said Lot 29 being shown on said Plat of SILVER SHORES,UNIT NO.2,as recorded in Plat Book 4,Page 69 of the Public Records of Indian River County, Florida, said parcel being described as follows: Begin at the Southwest corner of said Lot 29, thence South 63°35'40"West along the Westerly prolongation of the Southerly line of said Lot 29,a distance of 1.30 feet to the existing face of RECEIVED JAN 2 1 2004 CLERK TO THE BOARD r BIC: 1645 PG: 1333 the concrete seawall;thence North 26055'08"West along said face,a distance of 30.40 feet;thence North 32012132"West still along said face,a distance of 90.11 feet more or less to a point on the Westerly prolongation of the North line of said Lot 29;thence North 80023100"Eastalongsaid prolongation,a distance of 14.46 feet more or less to the Northwest corner of said Lot 29;thence Southerly along the rear line of said Lot 29 to the Point of Beginning. TOGETHER WITH all riparian rights,the bulkhead easement area adjoining or abutting the Lot, and described on the aforementioned Plat as"Bulkhead Limit 101"(the"Bulkhead Easement Area"), and all rights appertaining thereto, and together with an easement over the submerged lands of the Indian River and navigable access through the waterways of the Indian River for access to and egress from the Lot and Bulkhead Easement Area and all bulkheads,seawalls,docks,davits and other improvements benefitting the Lot and Bulkhead Easement Area. TOGETHER WITH all the tenements, hereditaments, appurtenances and improvements thereto belonging or in anyway appertaining. IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by the City Council,acting by the Mayor of said Council,the day and year aforesaid. Signed,sealed and delivered CITY OF VERO BEACH in the presence of nn , Annt Name—+ de andra L.Bowden,Mayor '!itness 121=4 za tm ATTEST: nt Name—► Witness By: A City Clerk -2- BK: 1645 PG: 1334 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instnunent was acknowledged before mc� r 2 ac Ojt6 z�3 by Sandra L. Bowden, Mayor, City of Vero Beach, who is personally known to me or who has produced as identification. Notary Public-State of Florida at Large. tlsbpn�le-sld�dnoitla Print,type or stamp commission name of wc"'"'s11°'�oi0i LIDNotaryPublic: Commission No.: c173%2 5-21-03.6-"3 -3- t� 692480.1 Prepared by.- Karen y:Karen D.Geller.Esq. Gunster.Yoakley&Stewart,PA �- 800 SE Monterey Commons Blvd.,Ste.200 OOOENfARYSTAI S ..— Stuart,Florida 34996 DM_ ,"I cs til (772)288-1980 11M$ IN THE RECORDS OF C' Parcel Identification No.: JEFFREY K BARTON Grantor's Taxpayer ID No.: 59.0947833 MMC= CLERK ACurrCDIAVNBR IREFLA QUIT-CLAIM DEEDr THIS QUIT-CLAIM DEED made this 315k day of v , 2003, by LOST TREE VILLAGE CORPORATION, a Florida corporation (92-011 W), whode office address is: 3399 PGA Boulevard, Suite 260, Palm Beach Gardens, Florida 33410 to BARRY W.N. HOLM and PATRICIA H. HOLM, as Co-Trustees of the Patricia H. Holm Revocable Trust- 1984, a Trust("Grantee"),whose address is: 71?7 e,1,0 � D W VE. Ve" S"ca , ca - Florida FtOWOX 324 `� m m I (Wherever used herein. the terms "Grantor" and "Grantee" are used for singular or plural, as context rst reWlres,and include,bind and Inure to the benefit of all the parties to this Instrument and the heirs,legal 3 representatives and assigns of Individuals,and the successors and assigns of trustees,corporations,and/or partnerships.) tV o WITNESSETH: That Grantor.for and in consideration of the sum of TEN ($10.00) DOLLARS in hand paid by Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release and quit-claim unto Grantee, forever, all the right, title, interest, claim and demand which Grantor has in and to the following described property, situate, lying and being in Indian River County, Florida, legally described as follows: LOT NO. 29, SILVER SHORES, UNIT NO. 2, according to the plat thereof as recorded in Plat Book 4, Page 69 of the Public Records of Indian River County,Florida. And A parcel of land lying between.Lot 29, UNIT No.2, SILVER SHORES, and the face of the existing seawall lying Westerly of said Lot 29; $ said Lot 29 being shown on said Plat of Unit Number 2, SILVER SHORES, as recorded in Plat Book 4, Page 69, Public Records of CA Indian River County,Florida,said parcel being described as follows: 0% Begin at the Southwest comer of said Lot 29,thence South 63OW40" C West along the westerly prolongation of the Southerly line of said ca Lot 29, a distance of 1.30 feet to the existing face of the concrete ao a+ Return to: O Rultrt I).tichwart� 4700 N.W.M a Raton Im d.=Nz111 IuKa Raton.111. 33 JAN 2 1 2004 CLERK TO THE BOARD seawall; thence North 26166'08" West along said face a distance of 30.40 feet; thence North 32012'32" West still along said face, a distance of 90.11 feet more or less, to a point on the Westerly prolongation of the North line of said Lot 29; thence North 80°23'00" East along said prolongation, a distance of 14.46 feet, more or less, to the Northwest Comer of said Lot 29; thence Southerly along the rear line of said Lot 29 to the point of beginning. TO HAVE AND TO HOLD, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of Grantor, either in law or equity,to the only proper use,benefit and behoof of Grantee forever. IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. Signed,sealed and delivered in the presence of: LOST TREE VILLAGE CORPORATIO Florida corporation 8y K./.0M1*7 need Witness 6 e} CHARLES M.BA R, resident 06'0'� Loll-" IPrinted Witness Name} STATE OF ) COUNTY OF ( AU ) The foregoing Quit-Claim Deed was acknowledged before me this 315-'r- day of 2003. by CHARLES M. SAYER. JR., as President of LOST TREE VILLAGE CORPORATION, a Florida corporation, on behalf of the corporation. He is personally known to me or[ j has produced as identification. otary public-State of (NOTARY SEAL) 0 am am en M M E01�ffi lMloc Q, ; A 1494676 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 1663 PG: 116, 11/22/2003 11:48 AM DOC STAMPS D $0.70 COUNTY DEED INDIAN RIVER COUNTY, FLORIDA THIS DEED, made this , day of February, 2003, by INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, party of the first part, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, and JAMES A. WOODRUFF, III, a single man, party of the second part, whose mailing address is 3131 East Alameda, #2006, Denver, Colorado 80209. WITNESSETH that the said party of the first part, for and in consideration of the sum of Ten Dollars($10.00)to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the party of the second part,its heirs and assigns forever, the following described land lying and being in Indian River County,Florida: Lot 30 of SILVER SHORES, UNIT NO. 2, according to the Plat thereof recorded In Plat Book 4,Page 69 of the Public Records of Indian River County,Florida. TOGETHER WITH all riparian rights, the bulkhead easement area adjoining or abutting the Lot, and described on the aforementioned Plat as "Bulkhead Limit 10'" (the "bulkhead Easement Area"), and all rights appertaining thereto, and together with an easement over the submerged lands of the Indian River and navigable access through the waterways of the Indian River for access to and egress from the Lot and Bulkhead Easement Area and all bulkheads,seawalls,docks,davits and other improvements benefiting the Lot and Bulkhead Easement Area. TOGETHER WITH all the tenements, hereditaments, appurtenances and Improvements thereto belonging or in anyway appertaining. E! JAN 2 1 2004 CLERK TO THE BOARD 4 , BK: 1663 PG: 117 IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in Its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year aforesaid. INDIAN RIVER COUNTY,FLORIDA By its Board of County Commissioners Attest: Je � Rojf,. bfotii{ �.; . Y "Deputy:¢'erk: .•_ enneth ach, hairrnan eol i ttk i l�u'ti�uq r BCC approved: February 4. 2003 This document was prepared by: (Official Seal) Indian River County Attorneys Office 1840 25th Street APPROVED AS TO FORM Vero Beach,FL 32960 AND LEGAL SUFFICIENCY (772)5874000,Ext.1425 l` BY r WILLIAM G. COLLINS II DEPUTY COUNTY ATTORNEY 2 Y , 1494680 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 1663 PG: 127, 11/22/2003 11:48 AM DOC STAMPS D $0.70 Preparcd by and retum to: Chester Clem Csq. Clem,Polackwich,Vocelle&Borg,L.L.P. 3333 20°Street Veru Beach,FL 32%0-2469 QUIT-CLAIM DEED THIS DEED,made the i day of E/r ,S c,r-2003,by the TOWN OF INDIAN RIVER SHORES,a municipality within Indian River County,Florida,party of the first part, whose mailing address is 6001 North AIA,Indian River Shores,Florida 32963,and JAMES A. WOODRUFF,III,a single man,party of the second part,whose mailing address is 3131 East Alameda,#2006,Denver,Colorado 80209. WITNESSETH that the said party of the first part,for and in consideration of the stun of Ten Dollars($10.00) to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged,has granted,bargained and sold to the party of the second part,its heirs and assigns forever,the following described land lying and being in Indian River County,Florida: Lot 30 of SILVER SHORES,UNIT NO.2,according to the Plat thereof recorded to Plat Book 4,Page 69 of the Public Records of Indian River County,Florida. TOGETHER WITH all riparian rights,the bulkhead easement area adjoining or abutting the Lot, and described on the aforementioned Plat as "Bulkhead Limit 10'"(the"Bulkhead Easement Area"), and all rights appertaining thereto, and together with an easement over the submerged lands of the Indian River and navigable access through the waterways of the Indian River for access to and egress from the Lot and Bulkhead Easement Area and all bulkheads,seawalls,docks,davits and other improvements benefitting the Lot and Bulkhead Easement Area. TOGETHER WITH all the tenements, hereditaments, appurtenances and improvements thereto belonging or in anyway appertaining. -1- JAN 2 1 2004 CLERK TO THE BOARD c BIC: 1663 PG: 128 IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by the Town Council,acting by the Mayor of said Council,the day and year aforesaid. Signed,sealed and delivered TOWN OF INDIAN RIVER SHORES in the presence of: By: Print Name- 4homas W.Cadden,Mayor Witness ATTEST: Print Name-► a 6s Witness By; Town Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this q R .too 3 by Thomas W.Cadden,Mayor,Town of Indian River Shores,who is personally known to me epwA*4we 'PdidenEieatien. A'��Q.&a. Barb"A barley Notary Public-State of Florida at Carge. W°° 0 DDIMM DM Print,type or stamp commissiona of 10�°1110P/AN""'"V14"6 Notary Public:16 y A.�ad y 07378 Commission No.; bb l 1.559 9 5.21-03;64-03 -2- - 1482295 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 1645 PG: 1335, 10/10/2003 10:09 AM DOC STAMPS D $0.70 io,'10 _ ._....—........ _ _ ,1 a q>> Lz Prepared by and return to: 3� (.'heucr Clem,Esq, Q Clem,Polackwich,VoCcIle&na&L.L.P. 3333 20*Strcet \`3l, Vero Beach,tT, 32960-2469 V Z. 14 QUIT-CLAIM DEED THIS DEED,made the Z day of DOD e n .2003,by the CITY OF VERO BEACH,a municipality within Indian River County,Florida,party of the first part,whose mailing address is iog,3 Ole pjnct Vero Beach, Florida 32961, and JAMES A. WOODRUFF,III,a single man,party of the second pari,whose mailing address is 3131 East Alameda,#2006,Denver,Colorado 80209. WITNESSETH that the said party of the first part,for and inconsideration of the sum of Ten Dollars ($10.00)to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged,has granted,bargained and sold to the party of the second pari,its heirs and assigns forever,the following described land lying and being in Indian River County,Florida: Lot 30 of SILVER SHORES,UNIT NO.2,according to the Plat thereof recorded in Plat Book 4,Page 69 of the Public Records of Indian River County,Florida TOGETHER WITFI all riparian rights,the bulkhead easement area adjoining or abutting the Lot, and described on the aforementioned Plat as "Bulkhead Limit 10'"(the"Bulkhead Easement Area"), and all rights appertaining thereto, and together with an easement over the submerged lands of the Indian River and navigable access through the waterways of the Indian River for access to and egress from the Lot and Bulkhead Easement Area and all bulkheads,seawalls,docks,davits and other improvements benefitting the Lot and Bulkhead Easement Area. TOGETHER WITH all the tenements, hereditaments, appurtenances and improvements thereto belonging or in anyway appertaining. -1- JAN 2 1 2004 CLERK TO THE BOARD T/ BK: 1645 PG: 1336 IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by the City Council,acting by the Mayor of said Council,the day and year aforesaid. Signed,sealed and delivered CITY OF VERO BEACH in the presence of. int Name--► andra L.Bowden,Mayor Witness Ame- ATTEST: ntName-► hay/ Witness ByCity Cle . 44 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this pe Aabe,- ! _by Sandra L.Bowden,Mayor,City of Vero Beach,who is_nersonally jmg2m to me or who has produced as identification. (,- , Notary Public-State of Florida at Large. 1Meea Print,type or stamp commission name of urcmMmma"09"M Notary Public: Commission No.: c17390 3.21.03;64-03 '2- c to . 50 '7o 692489.1 Prepared by: Karen D.Geller,Esq. _.. Gunster,Yoakley&Stewart,P.A. ,G- 800 SE Monterey Commons Blvd.,Ste.200 -- Stuart,Florida 34996 CA (772)288-1980 O Parcel Identification No.: MCUMERAUSTAM Grantors Taxpayer ID No.: 59.0947833 DEED; '7 C.) N MDTE= IN THE RECORDS OF 1EfFREY K BARTON,CIFRK JEFFREY K EARTON URT WWAM RNER COUMIY INDIAN RILERK VER CO.,CUIT FLJ1. QUIT-CLAIM DEED THIS QUITCLAIM DEED made thisl5k day of , 2003, by LOST TREE VILLAGE CORPORATION, a Florida corporation ("Grantor"), wh a office address is: 3399 w PGA Boulevard,Suite 260,Palm Beach Gardens, Florida 33410 to JAMES A.WOODRUFF,III rn (`Grantee"),whose address is:_711 I&" pP_lYr_, YCt2o eg6C4 Ftottim 3246 3 m t ro (wherever used_herein, the terms 'Grantor' and "Grantee" are used for singular or plural, as context ro requires,and Include,bind and Inure to the benefit of all the parties to this instrument and the heirs,legal representatives and assigns of Individuals,and the successors and assigns of trustees,corporations,andlor N partnerships.) WITNESSETH: That Grantor, for and in consideration of the sum of TEN ($10.00) DOLLARS in hand paid by Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release and quit-claim unto Grantee, forever, all the right, title, interest, claim and demand which Grantor has in and to the following described property, situate, lying and being in Indian River County, Florida, legally described as follows: LOT NO. 30, SILVER SHORES, UNIT NO. 2, according to the plat thereof as recorded in Plat Book 4, Page 69 of the Public Records of Indian River County,Florida. TO HAVE AND TO HOLD, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining,and all the estate. right, title, interest, lien,equity and claim whatsoever of Grantor, either in law or equity,to the only proper use, benefit and behoof of Grantee forever. ro C3 CD Return Ip. JAN 2 1 2004 m R(ht-rt 1).ti�hw:rrti 47(ml�.R'. &%:a Rawn I;l%d.=11201 CLERK TO THE BOARD • Rtx:a Ralnn.11 1. '343.1 4 IN WITNESS WHEREOF,Grantor has signed and sealed these presents the day and year first above written. Signed,sealed and delivered in the presence of. LOST TREE VILLAGE CORPORATION,a Florida corporation By: • n a Wines el 710A CHARLES M. BAY ,JR. r ent o&v.&, CQ2 K IPrintedWtness Name STATE OF COUNTY OFAn� 1Jlbi� ✓1Q�_ j The foregoing Quit-C!aim Deed was acknowledged before me this day of 2003, by CHARLES M. SAYER, JR., as President of LOST TREE VILLAGE CORPORATION, a Florida corporation, on behalf of the corporation. He is K personally known to me or[ ]has produced as identification. D&�' 0,�� Notary Public-State of (NOTARY SEAL) am MIN MXRW PU9UC MA00M ODS M ��MB901i�PItaE$Aq 25.2006 '. . .ti ab 0 '�A V• 1494675 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 1663 PG: 114, 11/22/2003 11:48 AM DOC STAMPS D $0.70 COUNTY DEED INDIAN RIVER COUNTY, FLORIDA THIS DEED, made this 5 day of February, 2003, by INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, party of the first part,whose mailing address is 11340 25th Street,Vero Beach, Florida 32960, and JEANNE D. ANDLINGER, a married woman (formerly known as Jeanne M.Dailey), party of the second part,whose mailing address Is c/o Andlinger&Company,Inc., 303 S. Broadway, Suite 229, Tarrytown, New York 10591. WITNESSETH that the said party of the first part, for and in consideration of the sum of Ten Dollars($10.00)to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the party of the second part,its heirs and assigns forever, the following described land lying and being in Indian River County,Florida: Lot 49 of SILVER SHORES, UNIT NO. 2, according to the Plat thereof recorded in Plat Book 4,Page 69 of the Public Records of Indian River County,Florida. TOGETHER WITH all riparian rights, the bulkhead easement area adjoining or abutting the Lot, and described on the aforementioned Plat as 'Bulkhead Limit 1011' (the "bulkhead Easement Area"), and all rights appertaining thereto,and together with an easement over the submerged lands of the Indian River and navigable access through the waterways of the Indian River for access to and egress from the Lot and Bulkhead Easement Area and all bulkheads,seawalls,docks,davits and other Improvements benefiting the Lot and Bulkhead Easement Area. TOGETHER WITH all the tenements, hereditaments, appurtenances and improvements thereto belonging or in anyway appertaining. 11 E G i_ v3 NUS JAN 2 1 2004 CLERK TO THE BOARD BK: 1663 PG: 115 IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in Its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year afonesald. INDIAN RIVER COUNTY,FLORIDA 1+#..... By its Board of County Commissioners Attest_ Of++, w, K Ba ` ' bf Ola .. peCor By. C putyo r enneth R.Macht,Chairman �ArI '1411�JfiELY r: BCC approved February 4, 2003 (Official Seal) This document was prepared by: Indian River County Attorney's Office 1840 25th Street Vero Beach,FL 32960 APPROVED AS TO FORM (772)5674000,EzL 1425 AND,LEGAL SUFFICIENCY BY WILLIAM G. COLLINS 11 DEPUTY COUNTY ATTORNEY 2 1494679 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 1663 PG: 125, 11/22/2003 11:48 AM DOC STAMPS D $0.70 Prepared by and remm to: Chester Clem,Esq. Clan,Polack v b,Vocetle&Berg,L.L.P. 3333 200 Street Vero Beach,FL 32960.2469 QUIT-CLAIM DEED THIS DEED,made the-e�r day of SEPT Mil f. 2003,by the TOWN OF INDIAN RIVER SHORES,a municipality within Indian River County,Florida,party of the first part, whose mailing address is 6001 North Al A,Indian River Shores,Florida 32963,and JEANNE D. ANDLINGER,a married woman(formerly known as Jeanne M.Dailey),parry of the second part, whose mailing address is c/o Andlinger& Company,Inc., 303 S. Broadway, Suite 229, Tarrytown,New York 10591. WITNESSETH that the said party of the first part,for and in consideration of the sum of Ten Dollars($10.00)to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged,has granted,bargained and sold to the party of the second part,its heirs and assigns forever,the following described land lying and being in Indian River County,Florida: Lot 49 of SILVER SHORES,UNIT NO.2,according to the Plat thereof recorded In Plat Book 4,Page 69 of the Public Records of Indian River County,Florida. TOGETHER WITH all riparian rights,the bulkhead easement area adjoining or abutting the Lot, and described on the aforementioned Plat as "Bulkhead Limit 10'"(the"Bulkhead Easement Areal, and all rights appertaining thereto, and together with an easement over the submerged lands of the Indian River and navigable access through the waterways of the Indian Wryer for access to and egress from the Lot and Bulkhead Easement Area and all bulkheads,seawalls,docks,davits and other improvements benefitting the Lot and Bulkhead Easement Area. -1- RECEIVED JAN 2 1 2004 CLERK TO THE BOARD BK: 1663 PG: 126 TOGETHER WITH all the tenements, hereditaments, appurtenances and improvements thereto belonging or in anyway appertaining. IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by the Town Council,acting by the Mayor of said Council,the day and year aforesaid. Signed,sealed and delivered TOWN OF INDIAN RIVER SHORES in the prescncc of By: PrintName-+ 6—z Tliomas-W.Cadden,Mayor Witness ATTEST: Print Name-►ff*A9seT T K tAyt/ y Witness B Town Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 9�Rt,Zeo 3 by Thomas W. Cadden,Mayor,Town of Indian River Shores,who is personally known tome erMkehas predaoad ambaaA haft Notary Public-Stats of Florida di Large. X00 sath k°�° Print,type or stamp commission name of 10N0eTM"1A0'"'""" N6 Notary Public: 164 A. AiaAO✓ CommissionNo.: atll7ss79 d1379 5.21-03:64-03 -2- 1482296 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 1645 PG: 1337, 10/10/2003 10:09 AM DOC STAMPS D $0.70 �u Prepared by and return to: Chester Clem,Esq. Clem,Polackwich,Vocclle&Berg,L.L.P. 3333 20°Street Vero Beach,FL 32960-2469 0 QUIT-CLAIM DEED 'PHIS DEED,made the Z day of DP.lo barn 2003,by the CITY OF VERO BEACH,a municipality within Indian River County,Florida,party of the first part,whose mailing address is 105-A C10PI Plact, Vero Beach, Florida 32961,and JEANNE D. ANDLINGER,a married woman(formerly known as Jeanne M.Dailey),party of the second part,whose mailing address is oto Andlinger&Company, Inc., 303 S. Broadway, Suite 229, Tarrytown,New York 10591. WITNESSETH that the said party of the first part,for and in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged,has granted,bargained and sold to the party of the second part,its heirs and assigns forever,the following described land lying and being in Indian River County,Florida: Lot 49 of SILVER SHORES,UNIT NO.2,according to the Plat thereof recorded in Plat Book 4,Page 69 of the Public Records of Indian River County,Florida. TOGETHER WITH all riparian rights,the bulkhead easement area adjoining or abutting the Lot, and described on the aforementioned Plat as"Bulkhead Limit 10'"(the"Bulkhead Easement Area"), and all rights appertaining thereto, and together with an easement over the submerged lands of the Indian River and navigable access through the waterways of the Indian River for access to and egress from the Lot and Bulkhead Easement Area and all bulkheads,seawalls,docks,davits and other improvements beaefktting the Lot and Bulkhead Easement Area. 4- JAN 2 t 2004 CLERK TO THE BOARD r; BK: 1645 PG: 1338 TOGETHER W1TH all the tenements, hereditaments, appurtenances and improvements thereto belonging or in anyway appertaining. IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by the City Council,acting by the Mayor of said Council,the day and year aforesaid. Signed,sealed and delivered CITY OF VERO BEACH in the presence of By: ii• �J -/ 9Witnes Name-► C P Sandra L.Bowden,Mayor s eCATTEST: R tN - 2U�AjBy. 11 0 • City Cl k r 1, STATE OF FLORIDA ,firs COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me 4is Q&&kr 7 unJ by Sandra L. Bowden, Mayor, City of Vero Beach, who-is oersonally knzgy� to me or who has produced as identification. dam, Notary Public-State of Florida at Large. 9 „�rsoses�o+ Print,type or stamp commission name of IN �"t� Notary Public: Commission No: 017361 5-21-03;64-07 .2- . '10 692480.1 Prepared by. Karen D.Geller,Esq. Gunter,Yoakley&Stewart,PA. _ 800 SE Monterey Commons Blvd.,Ste.200 Cil Stuart.Florida 34996 (772)288.1980 Parcel Identification No.: DEED_ O -- Grantor's Taxpayer ID No.: 59-0947833 NOM IN THE RECORDS OF JEFFREY .BARTON JEFFREYRB MI111,10W CLERK CRKJIITCOJRT INDIAN RNERCOtll+lil( INDIAN RIVcH CO.,FLA QUIT-CLAIM DEED is THIS QUIT-CLAIM DEED made thijfday 1003, by LOST TREE VILLAGE CORPORATION, a Florida corporation ('Grantor"), whosWoffice address is: 3399 -n PGA Boulevard, Suite 260, Palm Beach Gardens, Florida 33410 to JEANNE D. ANDLINGER v F/K/A Jeanne M.Dailey(" r ee"),whose address is: 763 DAF1[AMAKt- ?OLD, ' Y"o y5e c&(- t=LOti r3 A 52-91(0,-) a [Wherever used heroin, the terms "Grantor" and "Grantee" are used for singular or plural, as context N requires,and Include,bind and inure to the benefit of all the parties to this instrument and the heirs,legal representatives and assigns of individuals,and the successors and assigns of trustees,corporations,and/or partnerships.) WITNESSETH: That Grantor, for and in consideration of the sum of TEN ($10.00) DOLLARS in hand paid by Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release and quit-claim unto Grantee, forever, all the right, title, interest, claim and demand which Grantor has in and to the following described property, situate, lying and being in Indian River County, Florida, legally described as follows: Lot 49, Silver Shores, Unit No. 2,according to the plat thereof on file In the office of the Clerk of the Circuit Court in and for Indian River County, Florida recorded in Plat Book 4, Page 69; said lands situate, lying and being in Indian River County, Florida. TO HAVE AND TO HOLD, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, —� title,interest, lien,equity and claim whatsoever of Grantor, either in law or equity,to the only proper use,benefit and behoof of Grantee forever. O co Return it,: Ral+et•t D.Schwani JAN 2 1 2004 �- - 4700%.111'.FIKka Raton lil%d.=11201 Nva Ratan.1:1. :?4?1 CLERK TO THE BOARD ••r IN WITNESS WHEREOF,Grantor has signed and sealed these presents the day and year first above written. Signed,sealed and delivered in the presence of: LOST TREE VILLAGE CORPORATION,a Florida corporation By. [ ted Wlmm mel L �_ CHARLES M.11AVOT,President O&AIA '� .00 rIf — IPdrrtedWimesaNameJ, rip e STATE OF K1 f Ara ) COUNTY OF.irl ) The foregoing Quit-Claim Deed was acknowledged before me this_- 3\ day of . 2003, by CHARLES M. SAYER. JR., as President of LOST TREE VILLAGE MIRPORATION, a FbWa corporation, on behalf of the corporation. He is ] personally known to me or[ )has produced as identification. got2?-StatLeS (NOTARY SEAL) NO WaK 02"S"EPPRES AV 2k 20 • �'`'rte,-'_:.' CR crta 0 cc