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HomeMy WebLinkAbout1989 Holley, James1",C. „ti Mo: (enclose self - addressea siarnped envelope) I RETURN TO ame: a �S v INDIAN RIVER TITLE OF SEBASTIAN, INC. Address: 920 U.S. HWY. 1, SUITE F SEBASTIAN, FL 329513 THIS INSTRUMENT PREPARED BY: This InstrumenfM"r 9bCANADY, VICE PRESIDENT INDIAN RIVER TITLE OF SEBASTIAN, INC. Address: 920 U.S. HWY. 1, SUITE F SEE ASTIAN, FL 32955 INCIDENT TO A TITLE Property Appraise %WRA. 0E0Tg1AlNWT4oN 24- 31 -38- 00001 - 2080 - 00006/0 Grantee(s) S.S. #(s): 266 -40 -1983 and 129 -28 -6811 SPACE AWE THIS UNE FOR PROCESSING DATA WARRANTY DEED Psc RAMCO FORM 01 INDIVID. TO INDIVID SB -714 a t_Ir` —n 1=— t-5 I'D 4 00 r'r't 586446 SPACE ABOVE THIS LINE FOR REWRM DATA 'This warranty Deed made the day of February A. D. 19 89 by JAMES C. HOLLEY and ANITA C. HOLLEY, his wife hereinafter called the grantor, to CITY OF SEBASTIAN, FLORIDA, a Florida Municipal Corporation whose postof f ice address is P. 0. BOX 780127 — Sebastian, Florida 32978 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) lw'"itnesseth: 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: Lot 6, Block 208, 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. DOC, ST. m AMT. 0 ^� 7� Jy, WTOK MTV, 09 MEd Court Indian River County - byL/,,�,d e, Together with all the tenements, hereditaments and appurtenances thereto belonging or in any- wise appertaining. To Have and to Hold, the same in fee simple forever. RRd 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 88. SUBJBCT TO: 1. Restrictions, reservations, limitations and easements of record, if any; this reference to said restrictions shall not operate to reimpose the same. 2. Zonin ordinances affecting said property. ht 'witness thereof, the said grantor has signed and sealed these presents the day and year first above written. Si d, sealed and delivere in our presence: ......................... s C Hol e wi ....� .. --------- - - - - -- ��.................. ......... wit less Anima C. fiolle '4t '$TAT$,'OF, FLORIDA y pp ��; •N ` -', I HEREBY CERTIFY that on this day, before me, an y `*icer duly authorised in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared ca JA C. HOLLEY and ANITA C. HOLLEY, his wife to'rje'=knowK `o be the person S described in and who executed the foregoing instrument and they acknowledged '7befblte_' Tfi°g , that theyexecuted the same. N co WITNESS my hand and official seal in the County and State last aforesaid this day of February A. D. 19 89. %A" Pow 8ft.of )Ay Cal tmision E • My commission expires: eat ded iAru ItrY Fein'- kip.... �^ (Seal) ..... .... ...:..SIX.vaj ..(.J...J..`..- ./......... r CD N ary Public If � 936 U.S. 1, SUITE B February 22, 1989 Mr. Robert McClary City of Sebastian, Florida P. 0. Box 780127 Sebastian, FL 32978 RECEIVED FEB 2 7 1989 Title C®RP®RATKN 407 - 589 -6400 Re: SB -714 Lot 6, Block 208, SEBASTIAN HIGHLANDS, UNIT 10 Dear SEBASTIAN, FLORIDA 32958 In connection with the above mentioned property, enclosed you will find the following: (X) Title Insurance Policy # 10 0889 04 001471 in the amount of $ 4,500.00. (X) Warranty Deed dated February 6. 1989 , and recorded in Official Records Book 0822 , Page 1814 , Public Records of Indian River County, Florida. ( ) Note and Mortgage dated and recorded in Official Records Book Page , Public Records of ( ) r ' Other: Thank you for the privilege of handling this transaction for you. be of any further assistance, please contact this office. Sincerely, INDIAN RIVER TITLE CORPORATION Pamela S. Canady Vice President If we can Copyright 1969 American Land Title Association AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 (Rev. 10 -17 -70 and 10- 17 -84) 10 0889 04 001471 - CHICAGO TITLE INSURANCE COMPANY - SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, CHICAGO TITLE INSURANCE COMPANY, a Missouri 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 costs, 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, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned - = by an authorized signatory. CHICAGO TITLE INSURANCE COMPANY Issued by: I DIA VER TLE ORPORATION By' - 50 Beac and Blv ., Suit 6 - P.O Box 6 16 Ver Beach Florida 3 961- 16 - (407)231-3 3 Presi t. K INDIAN RIVER TITLE OF SEBASTIAN, INN �G ATTEST' _ _= 936 U.S. HWY. 1, SUITE B SEBASTIAN, FLORIDA 32958 / = 407 - 589 - 6400 - Secretary. " IMPORTANT —_ This policy necessarily relates solely to the title as of the date of the policy. In order that a purchaser of the real estate described herein may be insured against defects, liens or encumbrances, this policy should be reis$ued in the name of such purchaser. Copyright 1969 American Land Title Association T O W O v co CONDITIONS AND STIPULATIONS (Continued) 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 pay- ment of any such mortgages any amount that otherwise would be pay- able 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 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 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 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 Com- pany, 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 instru- ments, 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 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 be addressed to its principal office at 111 West Washington Street, Chicago, Illinois 60602, or at any branch office of the Company. I7� 1 N x r- �'. 0 7d y O r �Q _ b�C) '� '—' _ z0 9C� o r �o p y z Z 9 0 �y C� o_ _ - o z n C) O M .•O y� ''- e1''.i: „' =.. .-'Gt �: fit} `- w.�61-". ZO p $Sir ' ^rlT ��' �'C_S`� . -r.+:. 1. Name of Insured: CITY OF SEBASTIAN, FLORIDA, a Florida Municipal Corporation, by Warranty Deed dated February 6, 1989 and recorded February 14, 1989 in Official Records Book 0822, Page 1814, of the Public Records of Indian River County, Florida. 2. The estate or interest in the land described herein and which is covered by this policy is: Fee simple 3. The estate or interest referred to herein is at Date of Policy vested in the insured. 4. The land herein described is encumbered by the following mortgage or trust deed, and assignments: None. and the mortgages or trust deeds, if any, shown in Schedule B hereof. 5. The land referred to in this policy is described as follows: Lot 6, Block 208, 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. Thic nnliry valid nniv if Schedule R is attached SCHEDULE 8 Policy Number 10 0889 04 001471 This policy does not insure against loss or damage by reason of the following exceptions: General Exceptions: (2) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. (3) Easements or claims of easements not shown by the public records. xx>�F1k�tl�x� #�i�1��S (5) Taxes or special assessments which are not shown as existing liens by the public records. Special Exceptions: The mortgage, if any, referred to in Item 4 of Schedule A., if this schedule is attached to an Owner's Policy. (6) Taxes and assessments for the year 1989 and subsequent years. Which are not yet due and payable. (7) All charges for utilities furnished by a municipality which may become a lien on subject property in accordance with Section 159.17, Florida Statutes. (8) This policy does not insure against county and /or municipal improvement liens which are not recorded in the Official Records Books of Indian River County, Florida. (9) Restrictions as set forth in Official Records Book 99 Page 366 , of the Public Records of Indian River County, Florida. (10) Easements for Public Utilities and Drainage over and across caption property, per plat thereof. Note: If this schedule is attached to a Loan Policy, junior and subordinate matters, if any, are not reflected herein. Note: This Policy consists of insert pages labeled Schedules A and B. This Policy is of no force and effect unless both pages are included along with any added pages incorporated by F.1896 R -5 -81 reference. 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 here- under. (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 prop- erty; 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. Z. 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 purchase 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 litiga- tion 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 Com- pany, 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 shall have brought any action or inter- posed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final determi- nation 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 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, obtaining witnesses, or prosecuting or defending such action or pro- ceeding, 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 dam- age 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 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 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 arty 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 there- from, 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, attorneys' fees and expenses, shall reduce the amount of the insurance 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 CONDITIONS AND STIPULATIONS (Continued on Reverse Side) 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, 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 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; or (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.