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HomeMy WebLinkAbout1988 Boone, Helen & Cobb, Sandra Fayeto aoi 04 w m a) o Ix A e VyARRANTY DEED 543970 RAMCO FORM FORM 01 3NDIVID. TO INDIVID This barranty Heed Made Ike f $ day f MARCH A. D. 19 88 by HELEN B. BOONE, an unmarried woman; and SANDRA FAYE COBB, a married woman hereinafter called the grantor, to CITY OF SEBASTIAN, a municipal subdivision of the State of Florida whose postoffice address is P. 0. Box 780127, Sebastian, Florida 32978 -0127 hereinafter called the grantee: (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) Witnesseth: 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 21, 22, 23, and 24, Block 1, HARDEE SUBDIVISION NO. B, according to the plat thereof as recorded in Plat Book 4, Page 74, Public Records of St. Lucie County, Florida; said land now lying and being in Indian River County, Florida. LESS AND EXCEPT the South 1 foot of Lot 24; TOGETHER with all of that part of Lot 7, Block 1, Hardee Subdivision No. B, lying Easterly of new U. S. Highway No. 1; TOGETHER with the Easterly 5 feet of the vacated alley lying immediately Westerly of Lots 21 and 22 as above described, which said alley runs in a Northwesterly - Southeasterly direction through Blocks 1 and 2 of said Subdivision and vacated by Chapter No. 157 -A of the City of Sebastian, a certified copy of which was recorded on January 20, 1958 in Official Record Book 30, Page 413, Public Records of Indian River County; said alleyway being part of Block 1, Hardee Subdivision No. B; LESS AND EXCEPT right of way for U.S. Highway No. 1 as it now exists. The grantor, Sandra Faye Cobb,hereby states that subject.property is not her homes nor is it adjacent to her homestead property and further, that she resides at: 'ZtplS lacl S:RC ��oScL1�t►��� g�o2tAl�. together with all the tenements, hereditaments and appurtenances thereto belonging or in any- wise appertaining. 'fD Haut and to 1401d, the same in fee simple forever. 41nd 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 87 SUBJECT TO: 1. Restrictions, reservations, limitations and easements of record, if any; this reference to said restrictions shall not operate to reimpose the same. 2. Zoning ordinances affecting said property. In bitness thereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: 9 ------------------------------- 1 �SyS t0• bCI�LO f... �_ ... - -- '-- •'- vVitriess to 'both - STATE OF Florida COUNTY OF Indian River - I— I•I-F,REBY CF..RTIFY that o"is da.g„_bdolre._me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared HELEN B. BOONE and SANDRA FAYE COBB I SPACE BELOW FOR RECORDERS USE I DOC. ST. - AMT. $ t5 A S .'o FREDA WRIGHT, Clerk of Circuit Copt Man River Couity - by — e.e cz to IDe kn0�yn to be the person S described in and who executed the f6iegoing 'instrument and they acknowledged before me that they cgeputed ihe, same. { "WITNESS my hand and official se,zI in the County and e a `State last aforesaid this Ii5 day of MARCH A. D. 19 88. v 6 i I V . i�,! .... ............... ... ................... II NOTARY PUBLIC, STATE OF FLORIDA. 1 Thts Inst'uitrenl prepared by: p MY COMMISSION EXPIRES: NOV. 1, 1991. S. Car enito evi­L... 'rHRU NOTARY PUBLIC UNDERWRITERS. Address COMMERCIAL TITLE SERVICES, INC. 65 Royal Palm Blvd., Vero Beach, FL 32960 Incident to the issuance of title insurance. .2r r V r r r� 'Aw ca ot. C" • NON - FOREIGN CERTIFICATION BY INDIVIDUAL TRANSFEROR 1. Section 1445 of the Internal Revenue Code provides that a transferee of a United States real property interest must withhold tax if the transferor is a foreign person. 2. In order to inform the transferee that withholding of, tax is not required upon the disposition by the undersigned owners of the United States real property described as follows: Lots 21, 22, 23 and 24, Block 1, Hardee S/D No. 8 the undersigned transferor certifies and declares by means of this certifica- tion, the following a. I (we) is (are) not non - resident alien(s) for purposes of United States income taxation and, b. My United States taxpayer identifying number(s) (Social Security Number) is /are NAME SOCIAL SECURITY NUMBER HELEN B. BOONE,�� SANDRA FAYE COBB (Attach additional page if necessary) C. My home address is7615 129th St., Roseland, Florida (Attach additional page if necessary) d. There are no other persons who have an ownership interest in the above - described property other than those persons set forth above in subpara- graph b. 3. The undersigned hereby further certifies and declares a. I (we) understand that the purchaser of the above described property in- tends to rely on the foregoing representations in connection with the United States Foreign Investment in Real Property Tax Act. (94 Stat 2682 as amended) b. I (we) understand this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained in this certification may be punished by fine, imprisonment or both. Under penalties of perjury I (we) declare I (we) have examined carefully this certification and it -is true, correct and complete. Date 3/18/88 at Indian River County, Owners: (This document must be retained until the end of the fifth taxable year following the taxable year in which the transfer takes place) CONSULT YOUR ATTORNEY AND /OR TAX ADVISOR - NO REPRESENTATION OR RECOMMENDATION IS MADE BY ANY TITLE INSURANCE COMPANY CONCERNING THE LEGAL SUFFICIENCY AND /OR TAX CONSEQUENCES OF THIS DOCUMENT. YOU MAY BE REQUIRED TO FILE A COPY OF THIS DOCU- MENT WITH THE INTERNAL REVENUE SERVICE. THESE ARE QUESTIONS FOR YOUR ATTORNEY OR TAX .ADVISOR. FATIC -500 (3 -85) Policy No. FA-Z- . 160278 Commercial Title Services, Inc. 65 Royal Palm Blvd. Vero Beach, FL 32960 OWNER'S POLICY 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 HERE- OF, 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 ex- penses 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. 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 40t $$ By President S;IPTE IBER e4, Attest: C. Secretary A.L.T.A. OWNER'S POLICY — FORM B — 1970 (AMENDED 10 -17 -70 and 10- 17-84) Conditions and Stipulations (Continued and Concluded from Reverse Side of Policy Face) 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 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 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 I 3 M n 0 m h. c� iv m D ti] Z 4 (b D D .� 2 y D � o as � Z s � 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 re- quired 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. Any claim or loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or in- � y c1' CC/) ti � n a r� terest 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 and 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 furnish- ed the Company shall include the number of this policy, with a statement that such policy is a Marketability Owners Policy and shall be addressed to it, Attention: Claims Department, 114 East Fifth Street, Santa Ana, California 92701. C%1 n 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 prohitibing 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 of 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 Effective Date of Policy in those records in which under state statutes deeds, mortgages, lis 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 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 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 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. FATIC - 501 (REV 10 -83) First American Title Insurance Company SCHEDULE A Agent's Policy No. FA -Z- 160278 File No.: CT -1413 Issued Pursuant to Commitment No. FA -C- 842187 Date Issued: M. Date Effective: March 21, 1988 14:35 A. M. Amount of Insurance: $ 154, 444.00 1. Name of Insured: City of Sebastian, a Municipal subdivision of the State of Florida 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: and the mortgages, if any, shown in Schedule B hereof. 5. The land referred to in this Policy is in the State of Florida County of Indian River and is described as follows: Lots 21, 22, 23, and 24, Block 1, HARDEE SUBDIVISION NO. B, according to the plat thereof as recorded in Flat Book 4, Page 74, public Records of St. Lucie County, Florida, said land now lying and being in Indian River County, Florida. LESS AND EXCEPT the South 1 foot of Lot 24; TOGETHER with all of that part of Lot 7, Block 1, Hardee Subdivision No. B, lying Easterly of new U. S. Highway No. iq TOGETHER with the Easterly 5 feet of the vacated alley lying immediately Westerly of Lots 21 and 22 as above described, which said alley runs in a Northwesterly- Southeasterly direction through Blocks 1 and 2 of said Subdivision and vacated by Chapter No. 157-A of the City of Sebastian, a certified copy of which was recorded on January 20, 1958 in Official Record Book 30, Page 413, Public Records of Indian River County; said alleyway being part of Block 1, Hardee Subdivision No. B; LESS AND EXCEPT right of way for U.S. Highway No. 1 as it now exists. COMMERCIAL TITLE SERVICES, INC. 65 Royal palm Blvd. FATIC - 502 (REV 10 -83) . - First American Title Insurance Company SCHEDULE B Agent's File No.: CT -1013 Policy No. FA -Z- 160278 This policy does not insure against loss or damage by reason of the following exceptions: General Exceptions: 1. . (deleted) 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. (deleted) 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 19B_., and subsequent years, 9. Taxes, levies and assessments levied or assessed subsequent to December 31, 1987, including ad valorem taxes for 1988, which became a lien on January 1, 1988, but are not due and payable until November 1, 1988. 10. Easement as set forth in Official Record Book 603, Page 2920, Public Records of Indian River County, Floridan 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 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 Effective Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an in- debtedness secured by a purchase money mort- gage 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 pur- chaser 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 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 Iand, 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, and 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 litigation 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 pro- vide for the defense of any action or proceeding, the insured hereunder shall secure to the Com- pany the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Com- pany, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, ob- taining 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 Stipu- lations, 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 termi- nate 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 deter- mination 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 with- out 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 insur- ance 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 satisfac- tion 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 rata basis as if the amount of insurance under this policy was divided pro rata as to the value on the Effective Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Effective 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. (Conditions and Stipulations Continued and Concluded on Last Page of This Policy)