HomeMy WebLinkAboutTitle InsuranceCOMMONWEALTH LAND TITLE INSURANCE COMPANY
OWNER'S POLICY
SCHEDULE A
Policy No. 107-862382
Company File No. VB65851
Agent File No. GDC/CITY OF SEB
Effective Date: March 30, 1992 at 4:22 PM
Amount of Insurance: $1,600,000.00
1. Name of Insured:
CITY OF SEBASTIAN, A MUNICIPAL CORPORATION
2. The Estate or interest in the land described herein and which is covered by
this policy is a fee simple, and is at the effective date hereof vested in the
named insured as shown by instrument recorded in Official Records Book 928,
page 2018, of the Public Records of Indian liver County, Florida.
3. The land referred to in this policy is described as followse
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
FRESE, FALLACE, NASH & TORPY
930 S. HARBOR CITY BLVD.
SUITE 505
MELBOURNE „ FL 32901 /1
: Countersi ned
g %
A81
er or Agent
1
% EXHIBIT "A"
PARCEL 1: Lot 2, Block 12 and Tract C. adjacent to Block 41; Tract D,
adjacent to Block 21; Tract E. adjacent to Block 17; Tract F, adjacent to
Block 14; Tracts H and I, adjacent to Block 12, SEBASTIAN HIGHLANDS,
according to the plat thereof as recorded in Plat Book S. pages 14 and
15, of the Public Records of Indian River County, Florida.
PARCEL 2: Tract 0, adjacent to Block 65, SEBASTIAN HIGHLANDS, UNIT 2,
according to the plat thereof as recorded in Plat Book 5, page 34, of the
Public Records of Indian River County, Florida.
PARCEL 3: Tract Y, adjacent to Block 121. SEBASTIAN HIGHLANDS, UNIT 4,
according to the plat thereof as recorded in Plat Book 5, page 100, of
the Public Records of Indian River County, Florida.
PARCEL 4: All of Block 193 and Tract C, Block 223, SEBASTIAN HIGHLANDS,
UNIT 8, according to the plat thereof as recorded in Plat Book 6, page 9,
of the Public Records of Indian River County, Florida.
PARCEL 5: All of Blocks 268 and 300 and Tract A, Block 211; Tract B.
Block 267 and Tract C, Block 264, SEBASTIAN HIGHLANDS, UNIT 10, according
to the plat thereof as recorded in Plat Book 6, page 37, of the Public
Records of Indian River County, Florida.
PARCEL 6: Lot 19, Block 364; Lot 12, Block 365; Tracts A and B, adjacent
to Block 282; Tract C. adjacent to Block 372; Tract D; and Tract E, Block
347, SEBASTIAN HIGHLANDS, UNIT 11, according to the plat thereof as
recorded in Plat Book 7. page 56. of the Public Records of Indian River
County, Florida.
PARCEL 7s Tracts A and B, SEBASTIAN HIGHLANDS, UNIT 13, according to the
plat thereof as recorded in Plat Book 7, page 82, of the Public Records
of Indian River County, Florida.
PARCEL 8: Tract D. SEBASTIAN HIGHLANDS, UNIT 13, according to the plat
thereof as recorded in Plat Book 7. page 82, of the Public Records of
Indian River County. Florida; LESS AND EXCEPT those portions conveyed in
Official Record Book 524, page 416; Official Record Book 530, paee 465
and Official Record Book 539, page 525, Public Records of Indian River
County, Florida.
PARCEL 9: Tract B, adjacent to Block 507, SEBASTIAN HIGHLANDS, UNIT 14,
according to the plat thereof as recorded in Plat Book 8, page 43, of the
Public Records of Indian River County, Florida.
PARCEL 10: Tract G, adjacent to Block 488, SEBASTIAN HIGHLANDS, UNIT 15,
according to the plat thereof as recorded in Plat Book 8, pag 44, of the
Public Records of Indian River County, Florida.
PARCEL 11: Tract P, adjacent to Block-560; Tracts R, S and T, adjacent
to Block 559, SEBASTIAN HIGHLANDS,'UNIT 16, according to the plat thereof
as recorded in Plat Book 8, page 45. of the Public Records of Indian
River County, Florida.
PARCEL 121 Lots 1 to 11, inclusive, Block 449; Lots 1, 2. 3 and 4, Block
451; Lots li and 12, Block 462; Lots 4, 6, 7, 8, 11, 12, 13, 14, 15, 16,
17 and 18. Block 570; Lots 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14,
15, 16, 19 and 20, Block 578; Lots 12, 13, 14, 19, 20 and 21, Block 579,
Lots 1. 2. and 3. Block 580; and Lots 4 and 5, Block 589; SEBASTIAN
HIGHLANDS, UNIT 17, according to the plat thereof as recorded in -Plat
Book 8, page 46, of the Public Records of Indian River County. Florida.
PARCEL 13: Tract A, Block 441; Tract B. adjacent to Block 445; Tracts H
and I. Block 574; Tract K, adjacent to Block 588; Tract M. adjacent to
Block 599; Tract O. adjacent to Block 593; The Westerly 115 feet of Tract
P. adjacent to Block 602% Tract Q. adjacent to Block 604; Tract R,
adjacent to Block 613; Tract S, adjacent to Block 616; Tract T, Block
606; Tract U. Block 598; Tract V, Block 599; Tract W, Block 595; Tract X.
Block 462 and Tract Y. Block 580, SEBASTIAN HIGHLANDS, UNIT 17, according
to the plat thereof as recorded in Plat Book 8. page 46, of the Public
Records of Indian River County. Florida.
PARCEL 14: A portion of Section 18, Township 31 South, Range 39 East,
Indian River County, Florida, being bounded as follows:
On the West and North by the southerly and a portion of the easterly
lines of the lands described in a Warranty Deed recorded in Official
Records Book 818, at Page 341 of the Public Records of Indian River
County, Florida. and also On the South and West by the easterly boundary
line of the plat of SEBASTIAN HIGHLANDS, UNIT-16, as recorded in Plat
Book 8. page 45, Public Records of Indian River County, Florida; On the
East by the westerly boundary line of the plat of REPLAT OF PORTIONS OF
SEBASTIAN HIGHLANDS -UNIT 9, as recorded in Plat Book 7, at Page 2 of the
Public Records of Indian River County, Florida, and the westerly line
(labeled westerly face of existing bulkhead) of Exhibit "B" of a Quit
Claim Deed as recorded in Official Record Book 346, at page 499 of the
Public Records of Indian River County. Florida. and the westerly limit of
BAILEY DRIVE as shown on the plat of SEBASTIAN HIGHLANDS -UNIT 9, as
recorded in Plat Book 6. at Page 36, of the Public Records of Indian
River County, Florida and a portion of the easterly line of said Official
Records Book 818, at Page 341, all as recorded in the Public Records of
Indian River County. Florida.
PARCEL 15: Lake Hardee, as shown on the plats of SEBASTIAN HIGHLANDS -
UNIT 2, as recorded in Plat Book 5, page 34, and SEBASTIAN HIGHLANDS -UNIT
4, as recorded in Plat Book 5, page 100, both of the Public Records of
Indian River County. Florida. being further described as follows:
Those portions of Sections 11 and 12, Township 31 South, Range 38.East,
bounded on the southerly side by LAKE DRIVE; on the Easterly side by the
westerly line of Lots 1 to 9, inclusive, of said UNIT 2 and Lots 10, 11
and 12 of said UNIT 4, both of Block 73 as shown on both said plats; on
the westerly side by "HARDEE PARK" conveyed in Official Record Book 724,
page 1020, of the Public Records of Indian River County, Florida; and on
the northerly side by the northeasterly and southeasterly block line of
Block 120 (being the northeasterly and southeasterly lot lines of Lots 1.
2 and 3, of said Block 120) of said UNIT 4 and the southeasterly Right of
Way line of that certain Drainage Right of Way lying Northwesterly of
said Blocks 73 and 120, both of said UNIT 4. All lying and being in the
City of Sebastian, Indian River County, Florida.
Policy No. 107-862382
Company File No. VB65851
Agent File No. GDC/CITY OF SEB
SCHEDULE B
This policy does not insure against loss or damage by reason of the following
exceptions:
1. Taxes for the year 1992 and taxes or assessments which are not shown as
existing liens by the public records or which may be levied or assessed
subsequent to the date hereof.
2. Rights or claims of parties in possession not shown by the public
records.
3. Encroachments, overlaps, boundary line disputes, and any other matters
which would be disclosed by an accurate survey or inspection of the
premises.
4. Easements or claims of easements not shown by the public records.
5. Any lien, or right to a lien, for services, labor, or material heretofore
or hereafter furnished, imposed by law and not shown by the public
records.
6. Any claim that any part of said land is owned by the State of Florida by
right of sovereignty, and riparian rights, if any.
7. This policy does not insure against county and/or municipal improvement
liens which are not recorded in the Official Records of Indian River
County, Florida.
8. Any lien provided by Chapter 159, Florida Statutes, in favor of any city,
town, village or port authority for unpaid service charges for service by
any water, sewer or gas system supplying the insured land.
9. Easements as shown on the individual plats of the units of SEBASTIAN
HIGHLANDS, recorded in Plat Book 5, page 14; Plat Book 5, page 34, UNIT
2; Plat Book 5, page 100. UNIT 4; Plat Book 6, page 9, UNIT 8; Plat Book
6, page 37, UNIT 10; Plat Book 7, page 56, UNIT 11; Plat Book 7, page 82.
UNIT 13; Plat Book 8, page 43. UNIT 14; Plat Book S. page 44, UNIT 15;
Plat Book 8, page 45, UNIT 16 and Plat Book 8, page 46, UNIT 17, all of
the Public Records of Indian River County, Florida.
10. Restrictions, covenants and conditions as contained in the Declaration of
Restrictions recorded in Official Records Book 26, page 434 (Sebastian
Highlands Unit One), of the Public Records of Indian River County,
Florida.
11. Easement Declaration as to Sebastian Highlands, as recorded in Plat Book
5, page 14, as contained in that certain instrument recorded in Official
Record Book 359, page 186, of the Public Records of Indian River County,
Florida.
2
Policy No. 107-862382
Company File No. VB65851
Agent File No. GDC/CITY OF SEB
12. Restrictions, covenants and conditions as contained in the Declaration of
Restrictions recorded in Official Records Book 33, page 309 and amended
in Official Record Book 69, page 232 (Sebastian Highlands, Unit Two,
pages One, Two and Four), of the Public Records of Indian River County,
Florida.
13. Restrictions, covenants and conditions as contained in the Declaration of
Restrictions recorded in Official Records Book 100, page 205 (Sebastian
Highlands, Unit 4), of the Public Records of Indian River County,
Florida.
14. Restrictions, covenants and conditions as contained in the Declaration of
Restrictions recorded in Official Records Book 99. page 366 (Sebastian
Highlands, Unit 10), of the Public Records of Indian River County,
Florida.
15. Restrictions, covenants and conditions as contained in the Declaration of
Restrictions recorded in Official Records Book 222, page 1 (Sebastian
Highlands, Unit 11), of the Public Records of Indian River County,
Florida.
16. Restrictions, covenants and conditions as contained in the Declaration of
Restrictions recorded in Official Records Book 272. page 265, except as
that portion as released in Official Record Book 525, page 862, lying
Southerly and Westerly of the Sebastian River Drainage District Easement
(Sebastian Highlands. Unit 13), of the Public Records of Indian River
County, Florida.
17. Restrictions, covenants and conditions as contained in the Declaration of
Restrictions recorded in Official Records Book 389, page 145 and
Amendment recorded in Official Record Book 393. page 521 (Sebastian
Highlands, Unit 14), of the Public Records of Indian River County,
Florida.
18. Restrictions, covenants and conditions as contained in the Declaration of
Restrictions recorded in Official Records Book 389. page 154 and
Amendment recorded in Official Record Book 393, page 523 (Sebatian
Highlands, Unit 15), of the Public Records of Indian River County,
Florida.
19. Restrictions, covenants and conditions as contained in the Declaration of
Restrictions recorded in Official Records Book 389, page 160 (Sebastian
Highlands, Unit 16), of the Public Records of Indian River County,
Florida.
M
Policy No. 107-862382
Company File No. VB65851
Agent File No. GDC/CITY OF SEB
20. Restrictions, covenants and conditions as contained in the Declaration of
Restrictions recorded in Official Records Book 389, page 164 and
Amendment recorded in Official Record Book 393, page 522 (Sebastian
Highlands, Unit 17), of the Public Records of Indian River County,
Florida.
21. Drainage Easement to the Sebastian River Drainage District as contained
in that certain instrument recorded in Official Record Book 112, page
655, Public Records of Indian River County, Florida, as pertains to Tract
D, Sebastian Highlands, Unit 13.
THE FOLLOWING AS TO TRACT D. ADJACENT TO BLOCK 333, SEBASTIAN HIGHLANDS,
UNIT 13, ONLY:
22. Reservations in favor of Trustees of the Internal Improvement Fund, as
contained in Deed No. 382, dated April 19, 1944 and recorded May 13, 1944
in Deed Book 35, page 315, of the Public Records of Indian River County,
Florida, which provide as follows:
a) "AS TO LANDS IN TRACTS OR COMPOSITE TRACTS AGGREGATING TEN (10)
ACRES OR MORE: RESERVING unto the State of Florida the title to an
undivided one-half of all petroleum and petroleum products and title
to an undivided three -fourths of all other minerals which may be
found on or under the said land, together with the right to explore
for and to mine and develop the same."
b) "RESERVING unto the State of Florida easement for state road right
of way two hundred (200) feet wide lying equally on each side of the
center line of any state road existing on the date of this deed
through so much of any parcel herein described as is within one
hundred (100) feet of said center line."
23. TRACTS C, D. E AND F, OF SEBASTIAN HIGHLANDS, according to the plat
thereof as recorded in Plat Book 5, pages 14 and 15, of the Public
Records of Indian River County, Florida, are reserved for utility
easements.
24. TRACT I. ADJACENT TO BLOCK 12, SEBASTIAN HIGHLANDS, according to the plat
thereof as recorded in Plat Book 5, pages 14 and 15, Public Records of
Indian River County, Florida, is reserved as a drainage right of way.
25. Any rights of the Public and the owners of lands in Sebastian Highlands,
Units 2 and 4, to use Lake Hardee as shown on Parcel 15 on Exhibit A, and
to insist that Parcel 15 be kept open as a lake or other public area.
26. Subject to taxes for prior years which maybe imposed pursuant to Section
193.092 Florida Statutes. (as to Tract I, adjacent to Block 12, Sebastian
Highlands, Unit 1)
f
Policy No. 107-862382
Company File No. VB65851
Agent File No. GDC/CITY OF SEB
END OF SCHEDULE B
CONDITIONS AND STIPULATIONS
(Continued)
7. LIMITATION OF LIABILITY
No claim shall arise or be maintainable under this policy (a) if the
Company, after having received notice of an alleged defect, lien or
encumbrance insured against hereunder, by litigation or otherwise, removes
such defect, lien or encumbrance or establishes the title, as insured, within
a reasonable time after receipt of such notice; (b) in the event of litigation
until there has been a final determination by a court of competent
jurisdiction, and disposition of all appeals therefrom, adverse to the title, as
insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily
assumed by an insured in settling any claim or suit without prior written
consent of the Company.
8. REDUCTION OF LIABILITY
All payments under this policy, except payments made for costs,
allorneys' fees and expenses, shall reduce the amount of the insurance pro
Canto. No payment shall be made without producing this policy for
endorsement of such payment unless the policy be lost or destroyed, in
which case proof of such loss or destruction shall be furnished to the
satisfaction of the Company.
9. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this
policy shall be reduced by any amount the Company may pay under any
policy insuring either (a) a mortgage shown or referred to in Schedule B
hereof which is a lien on the estate or interest covered by this policy, or (b)
a mortgage hereafter executed by an insured which is a charge or lien on
the estate or interest described or referred to in Schedule A, and the
amount so paid shall be deemed a payment under this policy. The
Company shall have the option to apply to the payment of any such
mortgages any amount that otherwise would be payable hereunder to the
insured owner of the estate or interest covered by this policy and the
amount so paid shall be deemed a payment under this policy to said
insured owner.
10. APPORTIONMENT
If the land described in Schedule A consists of two or more parcels
which are not used as a single site, and a loss is established affecting one or
more of said parcels but not all, the loss shall be computed and settled on
a pro rota basis as if the amount of insurance under this policy was divided
pro rata as to the value on Date of Policy of each separate parcel to the
whole, exclusive of any improvements made subsequent to Date of Policy,
unless a liability or value has otherwise been agreed upon as to each such
parcel by the Company and the insured at the time of the issuance of this
policy and shown by an express statement herein or by an endorsement
attached hereto.
11. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled a claim under this policy,
all right of subrogation shall vest in the Company unaffected by any act of
the insured claimant. The Company shall be subrogated to and be entitled
to all rights and remedies which such insured claimant would have had
against any person or property in respect to such claim had this policy not
been issued, and if requested by the Company, such insured claimant shall
transfer to the Company all rights and remedies against any person or
property necessary in order to perfect such right of subrogation and shall
permit the Company to use the name of such insured claimant in any
transaction or litigation involving such rights or remedies. If the payment
does not cover the loss of such insured claimant, the Company shall be
subrogated to such rights and remedies in the proportion which said
payment bears to the amount of said loss. If loss should result from any
act of such insured claimant, such act shall not void this policy, but the
Company, in that event, shall be required to pay only that part of any
losses insured against hereunder which shall exceed the amount, if any, lost
to the Company by reason of the impairment of the right of subrogation.
12. LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorsements and other
instruments, if any, attached hereto by the Company is the entire policy
and contract between the insured and the Company.
Any claim of loss or damage, whether or not based on negligence,
and which arises out of the status of the title to the estate or interest
covered hereby or any action asserting such claim, shall be restricted to the
provisions and conditions and stipulations of this policy..
No amendemenl of or endorsement to this policy can be made
except by writing endorsed hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
13. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in
writing required to be furnished the Company shall be addressed to
Commonwealth Land Title Insurance Company, Fight Penn Center,
Philadelphia, Pennsylvania 19103.
American Land Title Association Owner's Policy - 1970 - Form B (Rev. 10-17-70 and 10-17-84)
Cover Page
Form 1005-8 Valid Only If Schedules A and B Are Attached
"`i
American Land Title Association
Owner's Policy — Form B — 1970
(Rev. 10-17-70 and 10-17-84)
POLICY
OF
TITLE
INSURANCE
��
Issued by
Commonwealth®
Land Title Insurance Company
7rtle Insurance Since 1876
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i
HOME OFFICE
EIGHT PENN CENTER
PHILADELPHIA, PA 19103-2198
B-1005-8
r
DATE: April 18, 1994
TO: Bruce Cooper, Community Development Director
FROM: Richard B. Votapka, Utilities Director -fe&vl
SUBJECT: City Water and Sewage Treatment Plant Surveys and Deeds
As you requested on April 15, the Utilities Department is
furnishing you with the following information:
1. Boundary Survey Dated 12/17/93 as prepared by Allen
Engineering for the old Manly Avenue water treatment plant
(not in service) and the Bailey Drive wastewater treatment
plant in Unit 9 north of Schumann Drive.
2. Boundary Survey Dated 12/17/93 as prepared by Allen
Engineering for the Filbert Street water treatment plant on
Tract "D", Sebastian Highlands, Unit 17.
3. Warranty Deeds for the property listed below
A. Old water treatment plant in Unit 9 on Manly Avenue (OR
Book 116, Page 457, OR Book 148, Page 116, and OR Book
249, Page 40)
B. Wastewater treatment plant in Unit 9 on Bailey Drive (OR
Book 0818, Pages 341 - 343)
C. Water treatment plant in Unit 17 on Filbert Street (OR
Book 720, Page 1194)
M E M 0 R A V D V M
DATE: April 18, 1994
TO: Bruce Cooper, Community Development Director
FROM: Richard B. Votapka, Utilities Director 7z&
SUBJECT: City Water and Sewage Treatment Plant Surveys and Deeds
As you requested on April 15, the Utilities Department is
furnishing you with the following information:
1. Boundary Survey Dated 12/17/93 as prepared by Allen
Engineering for the old Manly Avenue water treatment plant
(not in service) and the Bailey Drive wastewater treatment
plant in Unit 9 north of Schumann Drive.
2. Boundary Survey Dated 12/17/93 as prepared by Allen
Engineering for the Filbert Street water treatment plant on
Tract "D", Sebastian Highlands, Unit 17.
3. Warranty Deeds for the property listed below
A. Old water treatment plant in Unit 9 on Manly Avenue (OR
Book 116, Page 457, OR Book 148, Page 116, and OR Book
249, Page 40)
B. Wastewater treatment plant in Unit 9 on Bailey Drive (OR
Book 0818, Pages 341 - 343)
C. Water treatment plant in Unit 17 on Filbert Street (OR
Book 720, Page 1194)
9UG-26-'93,.THJ 16: 4? ID:CCMM LPND TITLE GP TF1 1.10:407 562 2437 4047 P02
19,EL� lil*Trract:P, t�diaaent to Block;550; Tracts R. $and T, adjacent
, laok359, L3I(I ACIDS '•UkTri6, according to the plat thereof
as recorded in Iat Hook e, page 45. aE the Public Records o>; Indian
River County, Florida.
PARCEL 12s Lots 1 to 11. inclusive, Block 449; Lots 1, 2. 3 and 4, Block
4511 Lots 11 and 12. Block 462; Lots 4, 6, 7, S. 11, 12, 13. 14. 15, I6.
17 and 16, Block 5701 Lots 1. 2, 3, 4, S. 6, 7. 9, 10, 11. 12. 13, 14,
15. 16, 19 and 20. Block 578; Lots 12. 13. 14, 19. 20 and 21. Block 579.
Lots 1, 2, and 3, Block 580; and Lots 4 and 5, Block 5891 SEBASTIAN
HIGHUUM, UNIT 17. according to the plat thereof as recorded in Plat
Bock S, page 46, of the Public Records of Indian River County. Florida.
( Tract A. Block 441. Tract B, adjacent to Block 445; Tracts H
and I, Block 574; �C �ucedt` Block`5$e; Tract H. adjacent to
A:K�.� :...s .
Block 5991 Tract d�aCent to Block 593; The Westerly 115 feet of Tract
P, adjacent to Block 6021 Tract Q. adjacent to Block 604; 04 R;;::
j .ym{ya Slgak�l3; Tract S. adjacent to Block 626; Tract T. 6i.ock
60b;11TAc �1. Block 598; Tract V. Block_ 599; Tract W, Block 595; tract %,
Block 462 and Tract T, Block 580. GHLA1� S,rUNIT 17. according
to the plat thereof as recorded in at Book S.'V ge 46;"fit tb4 Public
Records of Indian River County, Florida.
PARCEL 14s A portion of section 18, Township 31 South, Range 39 East.
Indian River County. Florida, being bounded as follower
On the Nest and North by the southerly and a portion of the easterly
lines of the lands described in a Warranty Deed recorded in Official
Records Book Big, at Page 341 of the Public Records of Indian River
County, Florida, end also on the South and West by the easterly boundary
line of the plat of SEBASTIM HIMMARDS, UNIT-16, as recorded in Plat
Book 8. page 45. Public Records of Indian River County, Florida; On the
Rest by the westerly boundary, line of the plat of RBPLAT or PoRTIOmB of
SEBASTIAN MIGHLANDS-UNIT 9, as recorded in Plat Book 7, at Page 2 of the
Public Records of. Indian River County, Florida, and the westerly line
(labeled westerly face of existing bulkhead) of Suhibit -B" of a Quit
Claim Geed as recorded in Official Record Book 346. at page 4" of the
Public Records of Indian River County. Florida, and the westerly limit of
PA= DRIVE as shown on the plat of SEBASTIAN HIGHLANDS -UNIT 9. as
recorded in Plat Book 6. at Page 36. of the Public Records of Indian
River County, Florida and a portion of the easterly line of said Official
Records Book 818'. at Page 341. all as recorded in the Public Records of
tndian River County. Florida.
PARCEL 15* Lake Hardee, as shown on the plats of SEBASTIA){ HIGHLANDS -
MIT 2, as recorded in Plat gook 5. page 34, and P.S9WTIAN HIGHLANDS -UM
4, on recorded in Plat Book 5, pAge 100, both of the Public Records of
Indian River County, Florida, being further -described as follows,
Those portions of Sections .11 and 12. Township 31 South, hangs 38 East.
bounded on the southerly side by LAKE DRIVE; on the Easterly side by the
westerly line of Lots 1 to 9, inclusive, of said UNIT 2 and Lots 10, 11
and 12 of said LIMIT 4, both of Block 73 as shown on both said plats; on
the westerly side by "HARDEE PARK' conveyed in Official Record.Aook 72a,
page 1020, of the Public Records_ of Indian River County, Florida, and on
the northerly side by the northeasterly and southeasterly block line of
Block 120 (being the northeasterly and southeasterly lot lines of Lots 1,
2 and 3. of said Block 120) of said UNIT 4 and the southeasterly Right of
Way lina of that certain Drainage Right of Way lying Northwesterly of
maid Blocks 73 and 120. both of said UNIT 4. All lying and being in the
City of Sebastian, Indian River County, Florida.
DATE: April 18, 1994
TO: Bruce Cooper, Community Development Director
FROM: Richard B. Votapka, Utilities Director 7z6
SUBJECT: City Water and Sewage Treatment Plant Surveys and Deeds
As you requested on April 15, the Utilities Department is
furnishing you with the following information:
1. Boundary Survey Dated 12/17/93 as prepared by Allen
Engineering for the old Manly Avenue water treatment plant
(not in service) and the Bailey Drive wastewater treatment
plant in Unit 9 north of Schumann Drive.
2. Boundary Survey Dated 12/17/93 as prepared by Allen
Engineering for the Filbert Street water treatment plant on
Tract "D", Sebastian Highlands, Unit 17.
3. Warranty Deeds for the property listed below
A. Old water treatment plant in Unit 9 on Manly Avenue (OR
Book 116, Page 457, OR Book 148, Page 116, and OR Book
249, Page 40)
B. Wastewater treatment plant in Unit 9 on Bailey Drive (OR
Book 0818, Pages 341 - 343)
C. Water treatment plant in Unit 17 on Filbert Street (OR
Book 720, Page 1194)
INCommonwealth.
Land Title Insurance Company
OWNER'S POLICY OF TITLE INSURANCE
POLICY NUMBER
10�--H2 382 i
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE
PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, 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, and cost, attorneys' fees and expenses
which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land; or
4. Unmarketability of such title.
IN WITNESS WHEREOF, the Commonwealth Land Title Insurance Company has caused its corporate name and seal to be
;j 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: � / frZ
8y
(� (N !vv/ScPresident
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. (a) Governmental police power.
(b) Any law, ordinance or governmental regulation relating to environmental protection.
(c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances)
restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character,
dimensions or location of any improvement now or hereafter erected on the land, or prohibiting 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.
(d) The effect of any violation of the matters excluded under (a), (b) or (c) above, unless notice of a defect, lien or
encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state
statutes deeds, mortgages, [is pendens, liens or other title encumbrances must be recorded in order to impart constructive
notice to purchasers of the land for value and without knowledge; provided, however, that without limitation, such
records shall not be construed to include records in any of the offices of federal, state or local environmental protection,
zoning, building, health or public safety authorities.
2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy.
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 and not shown by the public records but known to the insured claimant either
at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in
writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;
(c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; (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.
-� . . .. C—V-A-��Z�
NM 1
American Land Title Association Owner's Policy -1970-Form B (Rev. 10-17-70 and 10-17-84)
FORM 1005-22 Face Page Valid Only If Schedules A, B and Cover Are Attached
(lgl(SIAI A I
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject
to any rights or defenses the Company may have had against the
named insured, those who succeed to the interest of such insured by
operation of law as distinguished from purchase including, but not
limited to, heirs, distributees, devisees, survivors, personal represen-
tatives, next of kin, or corporate or fi•fuciary successors.
(b) "insured claimant": an insured claiming loss or damage
hereunder,
(c) "knowledge': actual knowledge, not constructive knowledge
or notice which may be imputed to an insured by reason of any
public records.
(d) "land": the land described, specifically or by reference in
Schedule A, and improvements affixed thereto which by law constitute
real property; provided, however, the term "land" does not include
any property beyond the lines of the area specifically described or
referred to in Schedule A, nor any right, title, interest, estate or
easement in abutting streets, roads, avenues, alleys, lanes, ways or
waterways, but nothing herein shall modify or limit the extent to
which a right of access to and from the land is insured by this policy.
(e) "mortgage': mortgage, deed of trust, trust deed, or other
security instrument.
(f) "public records": those records which by law impart con-
structive notice of matters relating to said land.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE
OF TITLE
The coverage of this policy shall continue in force as of Date
of Policy in favor of an insured so long as such insured retains an
estate or interest in the land, or holds an indebtedness secured by a
purchase money mortgage given by a purchaser from such insured,
or so long as such insured shall have liability by reason of covenants
of warranty made by such insured in any transfer or conveyance
of such estate or interest; provided, however, this policy shall not
continue in force in favor of any purchaser from such insured of
either said estate or interest or the indebtedness secured by a pur-
chase money mortgage given to such insured.
3. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF
CLAIM TO BE GIVEN BY AN INSURED CLAIMANT
(a) The Company, at its own cost and without undue delay, shall
provide for the defense of an insured in all litigation consisting of
actions or proceedings commenced against such insured, or a defense
interposed against an insured in an action to enforce a contract for
a sale of the estate or interest in said land, to the extent that such
litigation is founded upon an alleged defect, lien, encumbrance, or
other matter insured against by this policy.
(b) The insured shall notify the Company promptly in writing
(i) in case any action or proceeding is begun or defense is inter-
posed as set forth in (a) above, (ii) in case knowledge shall come
to an insured hereunder of any claim of title or interest which is ad-
verse to the title to the estate or interest, as insured, and which might
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 unmarketable. If such prompt notice shall
not be given to the Company, then as to such insured all liability of
the Company shall cease and terminate in regard to the matter or
matters for which such prompt notice is required; provided, however,
that failure to notify shall in no case prejudice the rights of any such
insured under this policy unless the Company shall be prejudiced
by such failure and then only to the extent of such prejudice.
(c) The Company shall have the right at its own cost to institute
and without undue delay prosecute any action or proceeding or to do
any other act which in its opinion may be necessary or desirable to
establish the title to the estate or interest as insured, and the Company
may take any appropriate action under the terms of this policy,
whether or not it shall be liable thereunder, and shall not thereby
concede liability or waive any provision of this policy.
(d) Whenever the Company shaU have brought any action or
interposed a defense as required or permitted by the provisions of this
policy, the Company may pursue any such litigation to final deter-
mination by a court of competent jurisdiction and expressly reserves
the right, in its sole discretion, to appeal from any adverse judg-
ment or order.
(e) in all cases where this policy permits or requires the Com-
pany to prosecute or provide for the defense of any action or pro-
ceeding, the insured hereunder shall secure to the Company the right
to so prosecute or provide defense in sueh action or proceeding, and
all appeals (herein, and permit the Company to use, at its option, the
name of such insured for such purpose. Whenever requested by
the Company, such insured shall give the Company all reasonable
aid in any such action or proceeding, in effecting settlement, securing
evidence, obtaining witnesses, or prosecuting or defending such action
or proceeding, and the Company shall reimburse such insured for any
expense so incurred.
4. NOTICE OF LOSS —LIMITATION OF ACTION
In addition to the notices required under paragraph 3(b) of these
Conditions and Stipulations, a statement in writing of any loss or
damage for which it is claimed the Company is liable under this
policy shall be furnished to the Company within 90 days after such
loss or damage shall have been determined and no right of action
shall accrue to an insured claimant until 30 days after such statement
shall have been furnished. Failure to furnish such statement of loss
or damage shall terminate any liability of the Company under this
policy as to such loss or damage.
5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS
The Company shall have the option to pay or otherwise settle
for or in the name of an insured claimant any claim insured against
or to terminate all liability and obligations of the Company hereunder
by paying or tendering payment of the amount of insurance tinder
this policy together with any costs, attorneys' fees and expenses in-
curred up to the time of such payment or tender of payment, by the
insured claimant and authorized by the Company.
6. DETERMINATION AND PAYMENT OF LOSS
(a) The liability of the Company under this policy shall in no
case exceed the least of:
( i) the actual loss of the insured claimant; or
( ii) the amount of insurance stated in Schedule A.
(b) The Company will pay, in addition to any loss insured
against by this policy, all costs imposed upon an insured in litigation
carried on by the Company for such insured, and all costs, attorneys'
fees and expenses in litigation carried on by such insured with the
written authorization of the Company.
(c) When liability has been definitely fixed in accordance with
the conditions of this policy, the loss or damage shall be payable
within 30 days thereafter.
Conditions and Stipulations Continued Inside Cover