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HomeMy WebLinkAbout1985 Bryant, D. A. - Community Ctr. Alley WayWARRANTY DEED �'� FROM INDIVIDUAL TO CORPORATION N rk 85 -764 RAMCO FORM 34 This warranty Deed Made the 122�L day of D. A. Bryant and Gladys E. Bryant, his wife hereinafter called the grantor, to City of Sebastian, a Municipal Corporation a corporation existing under the laws of the State of Florida address at P.O. Box 127, Sebastian, FL 32958 hereinafter called the grantee: A. D. 19 8S by with its permanent postof f ice (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) 110itnes5eth: That the grantor, for and in consideration of the sum of $ 10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, re- mises, releases, conveys and confirms unto the grantee, all that certain land situate in Indian River County, Florida, viz: Lots 9 and 10, of Block 2, OF OCEAN BREEZE HEIGHTS, a subdivision in the City of Sebastian. Said subdivision being a part of Govt. Lot 1, Section 31, Township 30 South, Range 39 East, according to plat filed thereof, in the office of the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book 1, Page ,44•. and amended in Plat Book 2, Page 7. COC. ST. -ANT. FRUA WI1CHT, Clerk of C' t Indian River County - by� c >K Or CIRCI IT COUP INDIAN RivER CO.. FLA. Grantor,, hereby cent .M that the above land is vacant and not subject to homestead. — Grantor's residence is property other than that being conveyed. together with all the tenements, hereditaments and appurtenances thereto belonging or in any- wise appertaining. To 11laue and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 19 84 SUBJECT TO: 1. Restrictions, reservations, limitations, and easements of record if any; this reference to said restrictions shall not affect to reimpose same. 2. Zoning ordinances affecting said property. In witness thereof, the said grantor has hereunto set theirhand and seal the day and year first above written. Signed, se led and delivered to our presence: j/1Tlt -------- • •• - -• ----- - - - - -- -------- •• -• -• ----- - - - - -- ..... •------------ - -• - -- ------------- itnes -- COUNTY OF2w�� )} ........ ..... - -- : - -A:- ......ant . Gladys E. Bry t .... r=......... ------------ -• - - -- I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared D. A., Bryant and Gladys E. Bryant to me known to be the person S described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this �" day of A. D. 19 `....9 ........... ............................... Notary OFFICIAL SEAL This' Irrstrunrettt prep NOTARY PUBLIC commission expires: ye STATE OF WEST VIRGINIA Address ELOISE SMITH ' • • P. o, Box 5 � Dut!Itw' West Virginia 25064 ..My Commission Expires Sept. n, 1"4 ' LO I"" CV C.1 C= P-" Cam( . C, 6m EXECUTIVE March 14, 1985 City of Sebastian P.O. Box 127 Sebastian, FL 32958 TITLE OF SEBASTIAN, INC. Suite 1 U.S. 1 Washington Plaza P.O. Box 960 Sebastian, Florida 32958 Phone (305) 589 -0034 -9i 198e RE: Lots 9 & 10, Block 2, OCEAN BREEZE HEIGHTS Attention: Tom Palmer and Jim Gallagher Enclosed please find your First American Title Insurance Policy # 105052 insuring you as to the aforedescribed property in the amount of $9,000.00. Also enclosed is your Warranty- Deed as recorded in Official Record Book 0703, Page 2275 of the Public Records of Indian River County, Florida. Thank you for allowing us to handle this transaction for you and if we can be of any further assistance to you now or in the future please contact our office. If you decide to increase the value of your property by building or selling bring this policy in and we will be happy to give you a discount on your future transactions. Sincerely, Sharla L. Strnad :sls enclosures i FA-1 IC -300 (9 -76) Policy No. FA-0- 105052 OWNER'S POLICE' OF TITLE INSURANCE ISSUED BY First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Effective Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 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. This Policy shall not be valid or binding until Schedule A has been countersigned by either a duly authorized agent or representative of the Company and Schedule B has been attached hereto. IN WITNESS WHEREOF, First American Title Insurance Company has caused its corporate seal to be hereunto affixed and these presents to be signed in facsimile under authority of its by-laws. First American Title Insurance Company By President M WIENER 24, � n a 00 ffi4 Attest: �(/,� �r, Secretary A.L.T.A. OWNER'S POLICY — FORM A — 1970 (AMENDED 5- 10 -74) FATIC -301 (Rev. 9 -78) First American Title Insurance Company Agent's File No.: 85 -764 Date Issued: March 14, 1985 Date Effective: March 4, 1985 1. Name of Insured: SCHEDULE A Policy No. FA-0- Issued Pursuant to Commitment No. FA -C- M. 1 I : l l -LM. M. Amount of Insurance: $ City of Sebastian, a Municipal Corporation 105052 x+05532 9,000.00 2. The estate or interest in the land described herein and which is covered by this policy is an estate or interest designated as follows: Fee Simple 3. Title to the estate or interest referred to herein is at the Effective Date of this Policy vested in the insured. 4. The land herein described is encumbered by the following mortgage and assignments, if any: None and the mortgages, if any, shown in Schedule B hereof. 5. The land referred to in this Policy is in the Srare of Florida and is described as follows: County of Indian River Lots 9 and 10, of Block 2, of OCEAN BREEZE HEIGHTS, a subdivision in the City of Sebastian. Said subdivision being a part of Govt. Lot 1, Section 31, Township 30 South, Range 39 East, according to plat filed thereof, in the office of the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book 1, Page 44; and amended in Plat Book 2, Page 7. Executiitle of Sebastian, Inc. (I s rttaa m v /t e ae Age By: Authorized Signatory Earl D. Witherby FATIC -302 (Rev. 9 -78) 4 First American Title Insurance Company SCHEDULE B Agent's File No.: 85 -764 Policy No. FA -O- 105052 This policy does not insure against loss or damage by reason of the following exceptions: General Exceptions: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or in- spection of the premises. 4. 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. 5. Any adverse claim to any portion of said land which has been created by artificial means or has accreted to any such portion so created and riparian rights, if any. 6. Taxes or special assessments which are not shown as existing liens by the public records. Special Exceptions: 7. The mortgage, if any, referred to in Item 4 of Schedule A. 8. The lien of all taxes for the year 19 85 . 9. Easement for Public Utilities and Drainage over and across the rear 5 feet, per plat, recorded in Plat Book 1, Page 44, and amended in Plat Book 2, Page 7, Public Records of Indian River County, Florida. Conditions and Stipulations (continued from reverse side of this page) 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 rata 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 in- sured 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 subroga- tion 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 claim- ant would have had against any person or 2 oil O r.. 3 M Cb M N Z y a Z ct o Z 5 property in respect to such claim had this policy not been issued, and if requested by the Com- pany, 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 involv- ing 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 endorse- ments and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. fi V" i coo z 3 a 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 amendment 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 include the number of this policy and shall be addressed to it at its office, Attention: Claims Department, 114 East Fifth Street, Santa Ana, California 92701. - • 05 C con O n IV CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured ": the insured named in Sched- ule 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 representatives, next of kin, or corporate or fiduciary 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 improve- ments 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 constructive 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 con- veyance 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 purchase money mortgage given to such insured. 3. DEFENSE AND PROSECUTION OF AC- TIONS — NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and with- out 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 interposed 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 adverse 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 Com- pany may take any appropriate action under the terms of this policy, whether or not it shall be liable thereunder, Ind - shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any such liti- gation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (e) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals there- in, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such in- sured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining wit- nesses, 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 Stipula- tions, 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 state- ment 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 under this policy together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment by the in- sured 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. 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 in- sured 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, attorneys' fees and expenses, shall reduce the amount of the in- surance pro tanto. 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 Com- pany 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. (Conditions and Stipulations continued and concluded on back page of this Policy) gym✓' EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: - 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 reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Effective 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 Effective Date of Policy or at the date such claimaint 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 Effective 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. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A.