HomeMy WebLinkAbout1992 Pappas, AnnaReturn lo: ;enclose self- addressed stamped envelope)
r Nam,•:`Professional' Title of I.R.
V 'L'-f,46 North U.S. #1
Sebastian, Florida 32958
Address:
This Instrument Prepared by:
Professional Title of I.R.
A1d &46 North U.S. #1
Sebastian, Florida 32958
Property Appraisers Parcel Identification (Folio) Number(s):
06- 31 -39- 00003 - 0020 - 00001.0
Grantee(sl S.S. #Is]:
SPACE ABOVE THIS LINE FOR PROCESSING DATA
P 14693
is 19arrantil Rejeb
Anna Pappas
�d
a
a,
r-1
WARRANTY DEED
INDIVID. TO INDIVID.
D0CU1M,UflU,R
DEED $.% O
NOTE $
ARM K. BARTON, CLERK
IMM MER MNTY
RAMCO FORM 01
RECORD VERIFIED
,JEFFREY K. BARTON
CIRCUIT CLERK
IIND AN RIVER CO. COURT
SPACE ABOVE THIS LINE FOR RECORDING DATA
Made the 10th day of December A.D. 19 92 by
herei,nxfter cat'ed the grantor, to CITY OF SEBASTIAN, a
existing under the laws of the State of Florida
whose post office address is PO Box 780127, Sebastian
municipal corporation created and
F1. 32978 -0127
hereinafter called the grantee:
(Wherever used herein the terms 'grautor' and 'grentce' include all the parties W this instrument and die
heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations)
M itlltoott4: That the grantor, for and in consideration of the sum of $ 10 . 0 0 and other
valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirms unto the grantee all that certain land situate in Indian River
County, State of Florida . viz:
Lots 1 and 2, Block 2 (lying West of the new R/W for U.S. Highway #1), HARDEE'S
SUBDIVISION No. B, according to the Plat thereof on file in the Office of the Clerk
of the Circuit Court in and for St. Lucie County, Florida recorded in Plat Book 4,
Page 74, said lands situate, lying and being in Indian River County, Florida, and
more particularly described on attached exhibit.
Subject to all valid restrictions, reservations, easements and zoning of record.
This property is not homestead property. Grantor's residence is property other
than that which is being conveyed.
4 t" lL ' tj " i °. n i -e )
4.�Ll'4 ti l�'.t, 2; f�l t11.. IF t(,rl.t L41Lt,5 L(. .tLr,tr:, %nG:Ltu a:n.l ..t.1 ,Irt(`,,.,,,.f;S dC'r'.'',i.' t:vvYoj, ty t: r' .".L ..Ll� "y''ii ✓ub'o
appertaining.
00 Malllie attb to 3101b, the sarrte in fee simple forever.
Anh 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, and hereby 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 591, 19 92
f 3o 19itntoo M4trtof, the said grantor has signed and sealed these presents the day and gear first above
written.
Signed, sealed and delivered in the presence of
Sill ature IF
Lvci I e. F
Prin ignat to
ivure XiA
A e44, S-. I/J
Printed Signature
M
Signallure
Anna Pappas
Printed Signature
14425 80th Avenue, Sebastian, FL 32953
Post 0� ci! a Address
Signature —
Yrint,-J 9ignature Pinto .41gtature - -�"
Post Office Address
Printe d Signature
STATE OF J6 LA.
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the Slate aforesaid and in the County aforesaid to take
acknowledgments, personally appeared Anna Pappas
to me known to be the person described in and
who executed the foregoing instrument and Who acknowledged before me that She executed the same.
WITNESS my hand and official sc dal -the County and State last a oresaid this � day o IDo fikal P..}21 , A.D. 19 Q2, . A.
Notary Signature
Prime.. Notary Sigature --
`o ASv Comnnissiun E;;piree
�t NOTARY PUBLIC, STATE OF FLORIDA.
",J ,° My C01MMISSION EXPIRES: Oct. 2,199S.
•> . x ;° BONDED THRU NOTARY PUBLIC UNDERWRITERS.
Said property being more particularly described as follows:
Beginning..at the Southwest corner of Lot 1, B1`ock 2; of the above mentioned Hardee's
Subdivision no. "B" thence run N 20 °00'00" W along the East R/W line of north Cebntraol
Avenue a distance of 86.62 feet to a point on the North Line of Lot 1, Block 2,
thence run N 70 °47102" E along the north line of Lot 1, Block 2, a distance of
24.82 feet to a point on the West R/W line of u.S. Highway No. 1 100 foot R /W, said
point also being on the arc of a circular curve concave to the Southwest having
a radius of 1860.08 feet, thence run Southeasterly along the arc of said curve through
a central angle of 2 °41'58", an. arc distance of .87--,,64 feet, having a chord bearing
of S 28 °07'18" E to a point on the North R/W line of 1st Street, thence leaving
s.ai d Curve rL n -.S 70043-1051-' 'W along the North R/W line of 1st Street a distance of
37.20 feet to the point of beginning.
c�
CD
a.O
cn
CO
PROFESSIONAL TITLE OF INDIAN RIVER, INC.
1546 N. U.S. 1 • SEBASTIAN, FLORIDA 32958
(407) 589 -3232 • (407) 589 -3231 • FAX (407) 589 -3233
January 12, 1993
City of Sebastian
PO Box 780127
Sebastian, FL 32978 -0127
Re: Purchase of Lots 1 and 2. Block 2, Hardee's Subdivision No. B
Our file No. P- 14693
Dear Customer:
Enclosed please find the following items regarding the above - described
property purchase:
1. Original recorded Warranty Deed ( X)
2. Owner's Title Insurance Policy ( X)
3. Copy of recorded mortgage ( )
4. ( )
Please note that the insurance policy is for the present purchase price. If
you increase the value of your property by construction, you must endorse the
enclosed policy to reflect the total value of the home.
Be advised that if upon construction, you neglect to endorse this policy, you
will only be reimbursed the dollar amount of this policy and not your total
investment, in the event of a title loss.
If upon construction, yo.0 bring in the enclosed policy, we will be able to
give you a discount on your future endorsements or transactions. Please keep
this recorded deed and title policy in a safe place along with your other
valuable documents.
It has been a pleasure being of service to you and we look forward to being
able to meet your future title insurance needs.
Sincerely,
K. :ey
®Commonwealth®
Land Title Insurance Company
OWNER'S POLICY OF TITLE INSURANCE
POLICY NUMBER
ibS- 199214
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
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: / G
8y ��
Secretary President
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; (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.
American Land Title Association Owner's Policv - 1970 - Form B (Rev. 10 -17 -70 and 10-17 -84)
Form 1005-96 Face Page
ORIGINAL
Valid Only If Schedules A, B and Cover Are Attached
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 no-
tice 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 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
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 proceed-
ings 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.
B 1005 -7
(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 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 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 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 Condi-
tions 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 theCompany under this policy as
to such loss or damage.
S. 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,
attorney's fees and expenses incurred up to the time of such payment oK 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 condi-
tions of this policy, the loss or damage shall be payable within 30 days
thereafter.
Conditions and Stipulations Continued Inside Cover
Issued with Policy No.
SCHEDULE A
Policy No. 165 - 199274 Effective Date: 92 DEC 30 PM 2.24
File Number P -14693
Amount of Insurance: $ 5,850. 00
1. Name of Insured:
CITY OF SEBASTIAN
Commonwealth
Land Title Insurance Company
2. The estate or interest in the land described herein and which is covered by this policy is a fee simple (if other, specify same)
and is at the effective date hereof vested in the named insured as shown by instrument recorded in Official Records Book
0958 Page 0926 , of the Public Records
of Indian River County, Florida.
3. The land referred to in this policy is described as follows:
Lots 1 and 2, Block 2 (lying West of the new R/W for U.S. Highway #1), Hardee's
Subdivision No. "B ", according to the Plat thereof on file in the Office of the
Circuit Court in and for St. Lucie County, Florida recorded in Plat Book 4, Page
74, said land situate, lying and being in Indian River County, Florida., and more
particularly described on attached exhibit.
Countersigned:
American Land Title Association Owner's Policy
Schedule A
Form 1021 -11
Authorized Officer or Agent
ORIGINAL
SCHEDULE B
File Number P -14693
Policy No. 165- 199274
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 and
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. Subject to Right of way for U.S. Highway #1.
8. Personal property is neither guaranteed nor insured.
9. This policy does not insure against county and /or municipal improvement liens which
are not recorded in the Official Records of subject county.
10. Assessments and /or improvement liens, pending and certified.
11. 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.
12. General exceptions X62 and X65 shall be deleted.
ALTA Owner's Policy
Schedule B
Form 1005 -92
ORIGINAL
Schedule B of this Policy consists of Pages
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,
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 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 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 amendement 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, Eight Penn Center,
Philadelphia, Pennsylvania 19103.
NM 1
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
ISSUED FROM THE
OFFICE OF
PROFESSIONAL TITLE
OF
INDIAN RIVER, INC.
1546 North U.S. Highway 1
Sebastian, Florida 32958
Phone: (407) 589 -3231
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
B- 1005 -8
Title Insurance Since 1876
HOME OFFICE
EIGHT PENN CENTER
PHILADELPHIA,PA 19103
; 6 31S. RANGE 39E PHA
,1 J
I 4
2 5 2
3 6 3
12 I I 10 �j�
9 8 7 'fS
6 5 4
3 2
BLOCK A
GOV. L
BLOCK C BLOCK
B
-N 1
BLOCK D BLOCK E
_1L4
INF
NC
TWP 30S
1�MIDDLETON TWP 31S
U 2 SUBDIVISION
0
�O
cS
Vi
I NO 1 .7, MR. 0�0
t
,HARDEE
\SEE ENLARGED PT.
OF GOV. LOT 5
CARROLL ROBERTS
SUBDIVISION
GOV. LOT 4
kn
\Ist ADDITION TO
I `CITY OF SEBAS'
3 4 REPLAT OF
2 BRADDOCK S,
3 4
\� 92- `f5
0M2-
-t
--
-NN�'N�
co
►�
N
M
�}
�n
tb
r
acs
0
O
—
NNNNNNNNMM
t
,HARDEE
\SEE ENLARGED PT.
OF GOV. LOT 5
CARROLL ROBERTS
SUBDIVISION
GOV. LOT 4
kn
\Ist ADDITION TO
I `CITY OF SEBAS'
3 4 REPLAT OF
2 BRADDOCK S,
3 4
\� 92- `f5
FRE SE , FALLACE , NASH & T ORPy, P. A.
ATTORNEYS AT LAW
GARY B. FRESEt
JAMES H. FALLACE
CHARLES IAN NASH*
VINCENT G. TORPY. JR
RICHARD E. TORPY
GREGORY S. HANSEN
J. PATRICK ANDERSON
LAURA L. ANDERSON
WILLIAM A GRIMM
OF COUNSEL
January 24, 1992
Michael L. Hudkins, CPA
Finance Director
CITY OF SEBASTIAN
P.O. Box 780127
Sebastian, FL 32978 -0127
930 S. HARBOR CITY BLVD.
SUITE 606
MELBOURNE, FLORIDA 32901
(407) 984 -3300
Re: Proposed gift of real estate by Anna Pappas
Our File No. 92 -7835
Dear Michael:
FAX (407) 951 -3741
t BOARD CERTIFIED IN
TAXATION
'BOARD CERTIFIED IN
ESTATE PLANNING AND PROBATE
In response to your letter to me of January 21, 1992, it is
my opinion that the following steps should be taken in connection
with the generous offer by Anna Pappas to donate a parcel of land
located within the city limits of the City of Sebastian to the
City of Sebastian:
1) A determination by staff, to be passed upon by the City
Council, as to whether the subject real property would
be a benefit to the City of Sebastian;
2) Whether there is any possibility that the subject real
property could have any type of environmental pollution
or contaminants located thereon or therein;
3) Whether the acceptance of the gift of the subject real
property could require any unusual or extraordinary
expenditures by the City to secure the subject real
property or to prevent anyone from being injured due to
any hazards existing on or with respect to the subject
real property;
4) The amount of real estate taxes owed with respect to
the subject real property to any governmental agency or
entity; and
Michael L.
January 24,
Page 2
i""'
Hudkins, CPA
1992
5) Whether the prospective donor, Ms. Anna Pappas, has
marketable title to the subject real property and has
capacity to make a gift.
If all of my concerns are resolved favorably for the benefit
of the City of Sebastian by both the staff and the City Council,
then the final procedural steps should be taken:
1) The subject real property should be surveyed;
2) Our office would obtain a title commitment relative to
the subject real property;
3) Our law firm would prepare the appropriate warranty
deed for Ms. Anna Pappas to sign to transfer the
subject real property to the City of Sebastian; and
4) An agreement would need to be entered into determining
who would pay for the ad valorem taxes and other
assessments and liens then in existence with respect to
the subject real property.
I would also recommend that in conjunction with the first
portion of the procedure outlined in the beginning of this
letter, some type of determination should be made relative to
establishing the current fair market value for the subject real
property.
If you require any additional information or direction from
me, please do not hesitate to contact me.
Very truly yours,
FRZESIAN�NASH CE, NASH & TORPY, P.A.
CH
CIN /lcr
cc: Robert S. McClary, City Manager