HomeMy WebLinkAbout2001 Rowley, Charles - Riverview Park ExpansionPrepared by and Return to:
Patricia A. Horn, an employee of
First American Title Insurance Company,
2001 9th Avenue, Suite 108
Vero Beach, Florida 32960
561 - 794 -9855
CA_ V\1�756x6 L_
File Number: 01 1015
IN THE RECORDS OF
JEFFREY K. BARTON
CLERK CIRCUIT COURT
INDIAN RIVER CO., FLA.
DOCUMENTARY STAMPS
DEED $ QIBID . 00
NOTE$
JEFFREY K. BARTON, CLERK
INDIAN RIVER COUNTY
WARRANTY DEED
This indenture made on October i Z 2001, A.D., by and between CHARLES B. ROWLEY, III, A
MARRIED ADULT, whose address is 5 Sawmill Road, Acton, MA 01720, hereinafter called the "grantor ",
to CITY OF SEBASTIAN, A FLORIDA MUNICIPAL CORPORATION, whose address is: 1225 Main
Street, Sebastian, Florida 32958, hereinafter called the "grantee ":
(Whenever used herein the term "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 Ten Dollars, ($10.00) 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, Florida, to -wit:
See Exhibit "A" attached hereto and made a part hereof.
Parcel ID Number:
Subject to covenants, conditions, restrictions and easements of record.
Said property is not the homestead of the Grantor(s) under the laws and constitution of the State of Florida
in that neither Grantor(s) or any members of the household of Grantor(s) reside thereon.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining.
To Have 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, 2001.
Page 1 of 3
Individual Warranty Deed - Non - Homestead Clause
In Witness Whereof, the said grantor has signed and sealed these presents the day and year
first above written.
Signed, sealed and delivered in the
ce,eKw4414
-ate of MASS ACHUSETTS
County of
CHARL S B. ROWLEY, III
THE FOREGO _G INSTRUMENT WAS ACKNOWLEDGED before me on October // , 2001, by
CHARLES B. POWLEY, III who is /are personally known to me or has /have produced a valid driver's
license as iden kficatisi�
PUBLIC
Notary Print Name
My Gorxamission Expires
J•
. rrr• •�
�r�J't:lilitf it iit\1 \ \ \\
o /040—
Page 2of 3
Individual Warranty Deed - Non - Homestead Clause
:aJ
EXHIBIT "A"
The Easterly 15 feet of Lot 7, all Lots 8, 9, 10, 23, 24 and 25, Block 9 of the Edgewater Park Subdivision,
together with that portion of the abandoned right -of -way for Jefferson Street abutting the said Lots 23, 24
and 25, to the South, together with all Lots 4, 5, 6, 7, 8 and 9, of Block 10, of the Edgewater Park
Subdivision and that part of the abandoned right -of -way of Jefferson Street which abutts the said Lots 4, 5,
6, 7, 8 and 9 to the North, as per plat recorded in Plat Book 5, Page 25, Public Records of St. Lucie
County, Florida; said land now situate and lying in Indian River County, Florida per plat recorded in Plat
Book 1, Page 23.
-_
-zD
CO
Page 3of 3
Individual Warranty Deed - Non- Homestead Clause
. P
�j►c�� �� `5
3 4
0 1 ` 2 17 ` 18 ,
00 QD'O-
0070
00005.0
x0000
0070 $ 15,16 \ \\ \ �, S�R��� 1�... -� 006 00004.0
0003.E �` AD \y� ` �t1y+ �` 0 0 0
COO ` \ \ ` 9 r 14 - s ui Ac
Alt yU 7 , 8,� 5`r `b
Aa \ , `` 6 \� - T� 22 \23p \ 13 - ' `1p
5 �\ 5
\` \, 3 \` 4 - v -O 21 \ `, ~ 14 µ
1l 1 \\ 2 \ 18 19 ` \ `\ 1
�O oG� 15 ;16 17 `\ \ \,
9G� '' 23� y ,` g0�� -EVPR 3
50 A -
1 4 At SMERE A9 `AB ,\ \ \ 12 q -4 S'
�� \ 9�k %13 ' '5
4 7 \ - 2250 \ 14 - 6 \24
U O ate\ ,4 5 k \ \ ` \15 to
f \ \ 3 ,20\21 \ �\ ,\ ,Ay i
7$. 6_, 2 18 19\\
10� 2 16 \ SCREE :t^ �2'�S
11 X, 3 , `, \ A9 is �yyy ! 3
-
NPRR 513 '�-
° ,
15
12 , \4 _ - \49 5 \ 14-
\ -+ \ a
�' ° vL \` 3 4\ 1 � 5
20
15 ���. y o 1 ' G 1 , 217 18 \ 19
to
y y
2' '
g ` �dG ` A9 to Ac 1
�, $
\,
W
16 .yam
{ 3- f1S
A9 \ 49 A5 1.0 -
8
18
w�.5�
15y1>s 1 _ _ 1250-x't
A7
'
Pg�`01, _-
` I
A
7 19 Q
P 177 A
.. .. .... STATE HCHWkY DITQY WM
6 G�
6 20
0
Q 0001
AC
IW37 .. 2X11 .. -. ..S2M
98 AC 15 `` 6 %
14
D0000
0010 t 1 CR , 9; �¢.
0006.1 �F
DD000
0010
7
'
5 X21
o �
��� P�� _
yPi� \s _ 00001.1
1.D5 AC
e
4 22(_0 ,
LOT 1 \ 1
� c1l
°
3
Al SEBASTIAN ; ^S. UARE
9
z
-' �`
�� X24
<�
WALMART SUB {,'.�
�000c
1D
2 l
- . 1 0010
SE 1 Sectior
n
400
600
by the Indian River Count
X20 V - I & CO
cc,..Q� �,� a ao,�ti�
to ��� ► , i e.� �I Ion, �s ��YG.r,� e�9, �i e,� �r<�� c— SL� i�@ r�C
Sk
l
Q�
��) i
2000 REAL ESTATE
216090 79,390
79,390 2
FISHER DAVID 06- 31 -39- 00000 - 0020 - 00001 /0
PO BOX 3842 ALL OF LOT 2, LESS N 245.5 FT
VERO BEACH FL 32964 -3842 & SCHOOL (OR BK 436 PP 375)
ALL OF LOT 2, LESS N 245.5 FT
& SCHOOL (OR BK 436 PP 375)
�Y ONE NOV 1 -30 4% DEC 1 -31 3% JAN 1 -31 2% FEB 1 -28 1% MAR 1 -31
-- - - - - ->
1,752.57 1,770.82 1,789.05 1,807.32 1,825.58
*RECEIPTED* 3/13/01
$1,825.58 99- 1249128
(Exp. 12 -31 -E
A. U.S. DEPARTMENT OF' HOUSING AND URBAN DEVELOPMENT
SETTLEMENT STATEMENT
OMB N0. 250
B. TYPE OF LOAN:
1. ❑ FHA 2. ❑ FMHA 3. ❑ CONV. UNIN
4. ❑ VA 5. ❑ CONV. INS.
6. FILE NUMBER
P29449
7. LOAN NUMBER
8. MORTIS. INS. CASE N0.
C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked
"(p.ox.)" were paid outside the closing: they are shown here for informational purposes and are not included in the totals.
0. NAME AND ADDRESS OF BORROWER
E. NAME AND ADDRESS OF SELLER
F. NAME AND ADDRESS OF LENDER
City of Sebastian
Richard G. Giteles
G. PROPERTY LOCATION
Metes and bounds - Indian
River County
H. SETTLEMENT AGENT
PROFESSIONAL TITLE OF INDIAN .RIVER, INC.
I. SETTLEMENT DATE:
10/1/01
PLACE OF SETTLEMENT
1546 North U S 1
Sebastian, FL 32958
J. SUMMARY OF BORROWER'S TRANSACTION
K. SUMMARY OF SELLER'S TRANSACTION
too. GROSS AMOUNT DUE FROM BORROWER:
400, GROSS AMOUNT DUE TO SELLER:
101: Contract sales price
102. Personal property
17$ 000.00
401. Contract sales price
402. Personal property
178, 000.00
103. Settlement charges to borrow (line 1400)
10.50
403.
104,
--
404.
105.
405.
Adjustments for items paid by seller in advance:
Adjustments for items paid by seller in advance:
106. City /town taxes to
406. City /town taxes to
407. County taxes to
408. Assessments to
107. County taxes to
108. Assessments to
109.
409,
410.
4 11,
110.
111.
112.
412.
120. GROSS AMOUNT DUE FROM BORROWER:
175, 010.50
420. GROSS AMOUNT DUE TO SELLER: 17$, OOO.00
5oo. REDUCTIONS IN AMOUNT DUE TO SELLER:
501. Excess deposit (see Instructions)
zoo. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: .
201. Depositor earnest money
202, Principal amount of new loan(s)
_
502. Settlement charges to seller (line 1400)
20 177.00
203. Existing loan(s) taken subject to _
_
503. Existing loan(s) taken subject to
204.
504. Payoff of first mortgage loan
205.
505. Payoff of second mortgage loan
206.
5
06.
_
207.
5
07.
508.
509.
208.
20 9.
_
Adjustments for items unpaid by seller: -
210. City /town taxes to
Adjustments for items unpaid by seller�SCrow
510. City /town taxes to
211. County taxes to
511. County taxes 1 �] to 10/1
1 385.00
212. Assessments to
512. Assessments to
213.
513.
214.
514,
215.
515.
517.
518.
217.
218.
219.
519.
22o. TOTAL PAID BY /FOR BORROWER:
-0-
52o. TOTAL REDUCTION AMOUNT DUE SELLER:
21,562.00
300. CASH AT SETTLMENT FROM /TO BORROWER:
600. CASH AT SETTLEMENT 'FO /FROM SELLER:
3o1. Gross amount due from borrower (line 120)
178,010.50
601. Gross amount due to seller (line 420)
178, 000.00
302. Less amounts paid by /for borrower (line 220)
-0-
.602. Less total reductions in amount due seller (line 520)
21, 562.00
303. CASH (R FROM) (❑ TO) BORROWER:
178,2010.50
6o3. CASH (OhO) (❑ FROM) SELLER:
156,438.00
-Based on an estimate of $ Should actual tax bill differ from this HUD -1(R
estimate, buyer and' seller agree to adjust the difference between themselves. RESPA,HE
PAGE 2 OF
OMB No. 2502.0265
L. SETTLEMENT CHARGES
PAID FROM
BORROWER'S
FUNDS
AT SETTLEMENT
PAID FROM
SELLER'S
FUNDS
AT SETTLEMENT
TOTAL SALES /BROKER'S COMMISSION Based on price $ 178 000.00 @ 10 %= 17 800.00
Division of commission (line 700) as follows:
)1. Settlement or closing fee
4. yrs. to
$ 17 800.00 to Ira Marks Campericial
5.
- --
$ to
70.00
)2. Abstract or title search
.Commission paid at settlement
Professional
Title
I. Mortgage Insurance application fee to
Fd�
.ITEMS PAYABLE IN CONNECTION WITH LOAN.
.Loan Origination tee
2. Mortgage insurance premium for mo. to
Loan Discount
)1. Settlement or closing fee
4. yrs. to
Appraisal Fee to
5.
- --
•. Credit Report to
70.00
)2. Abstract or title search
i. Lender's inspection fee
Professional
Title
I. Mortgage Insurance application fee to
t xr
'.Assumption Fee
to
«
1.
_
XTitle insurance binder
to
I.
05. Document preparation
1. Interest from to
@ $ /day
2. Mortgage insurance premium for mo. to
3..Hazard insurance premium for yrs. to
)1. Settlement or closing fee
4. yrs. to
G. City property taxes mo. @ $ per mo.
5.
- --
0. HtJthi tb Utrubi 1 to WI .I H LtNUtH
1. Hazard insurance mo. @ $ per mo.
2. Mortgage Insurance mo. @ $ per mo.
)1. Settlement or closing fee
to
G. City property taxes mo. @ $ per mo.
Title
14. County property taxes mo. @ $ per mo.,�)
70.00
)2. Abstract or title search
15. Annual assessments (MainL) mo. @ $ per mo.
Professional
Title
16. mo. @ $ per mo.
t xr
)7. mo. @ $ er.mo.�
p
to
«
)B. Mo. @ $ per mo.
_
)o.TITLE CHARGES:
)1. Settlement or closing fee
to
Professional
Title
70.00
)2. Abstract or title search
to
Professional
Title
76.00
)3. Title examination
to
Professional
Title
_
XTitle insurance binder
to
05. Document preparation
to
06. Notary fees
to
07.Attorney's fees to
to
(includes above items No.:�
y, >ft .�4t
r p fir' sfiipl' "_
08, Title insurance
to
Professional
Title of Indian River,
Inc,
965.00
09. Lender's coverage
$
M0,PIA
10. Owner's coverage
$ 178
111. Endorsements
112.
-
2oo.GOVERNMENT RECORDING AND TRANSFER CHARGES - YMessicrrtl- 1itLe
201. Recording fees: Deed $ 10.50 Mortgage $ Releases $ 10.50
202.City /county tax /stamps: Deed $ Mortgage $
203. State tax /stamps: Deed $ 1,246.00 Mortgage $ 19246.00
204.
205.
300.AOOITIONAL SETTLEMENT CHARGES
301. Survey to
302. Pest inspection to
303.
304.
305.
1400.TOTAL SETTLEMENT CHARGES (entered on lines 103, Section J and 502, Section K) 10
CERTIFICATION
`1
have carefully reviewed the HUD -1 settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made
n;mpp.account.or by.me in this transaction.. I further certify that I have received a.copy:!of the HUD -i Settlement tatement. 1 hereby acknowledge that the funds collected
t`this settlement ma haid in an interest bearing account with the interest accruing and••taxable ss o to offset escrow accounting costs.
o Sebastian rd 1 I-P
80rrowers oilers
The HUD-1 Settlement Statement which I have prepare d °I rue and accur to account of this transaction. I have caused thi! lungs be disbursed in accordance with this statement.
Settlement Agent Professiona 1 e n tan ever, IITC.Date
WARNIMI0;11Is acrime to knowingly make false statement the United States on this or any other similar form. Penalties upon conviction can-include a Ilno and Imprisonmeni, For del ails see: Title 18: U.S. Cade
Boctlon 1001 and section 1010.
Commitment For Title Insurance
SCHEDULE A
Commitment No.: 864- 0042708Effective Date: 9/20/01
File Number: p -29449
1. Policy or Policies to be issued:
OWNER'S: $ 178, 000.00
Proposed Insured:
City of Sebastian
LOAN: $
Proposed Insured:
2. The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple, and title
thereto is at the effective date hereof vested in:
Richard G. Giteles
3. The land referred to in this Commitment is described as follows:
SEE ATTACHED LEGAL DESCRIPTION
Professional Title
1546 N. U.S. 1
Sebastian, FL 32958
Countersigned:
ALTA Commitment - 1966
Schedule A
Form 1004 -118
r"
Officer br Agent
Valid Only If Face Page, Schedule B and Cover Are Attached
ORIGINAL
Commitment No.: 864 - 0042708
File No.: P -29449
SCHEDULE B- SECTION II
EXCEPTIONS
Schedule B of policy or policies to be issued will contain exceptions to the following matters unless the same are
disposed of to the satisfaction of the Company:
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured
acquires for value of record the estate or interest or mortgage thereon covered by this commitment.
2. Rights or claims of parties in possession not shown by the public records.
3. Easements or claims of easements not shown by the public records.
4. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an
accurate survey or inspection of the premises.
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. Taxes for the year 2001 and taxes or special assessments which are not shown as existing liens by the
public records or which may be levied or assessed subsequent to the date hereof.
8. Notwithstanding the insuring provisions, this policy does not insure any right
of access to and from the land.
9. Ordinance No. 0 -91 -07 City of Sebastian, dated 1/23/91 and recorded in OR Book
902, Page 2871, Public Records of Indian River County, Florida.
10. Ordinance No. 0 -91 -08 City of Sebastian, dated 7/10/91 and recorded in OR Book
902, Page 2876, Public Records of Indian River County, Florida.
11. The rights, if any, of the public to use as a public beach or recreation area
any part of the land lying between the body of water abutting the subject
property and the natural line of vegetation, bluff, extreme high water line, or
other apparent boundary lines separating the publicly used area from the upland
private area.
12. Riparian and /or littoral rights,filled -in lands, tideland, lands comprising the
shores and bottoms of navigable waters and lands beyond the harbor or bulkhead
lines as established by governmental authority.
13. Personal property is neither guaranteed nor insured.
14. This policy does not insure against county and /or municipal improvement liens
which are not recorded in the Official Records of subject county.
15. Assessments and /or improvement liens, pending and certified.
17. 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 water,
sewer or gas system supplying the insured land.
ALTA Commitment - 1966
Schedule B - Part II
Form 1004 -120 (Rev. 7 -93) ORIGINAL
"LEGAL DESCRIPTION"
All of Government Lot 2, Section 6, Township 31 South, Range 39 East, Indian River County,
Florida, EXCEPT the following described parcels of land:
PARCEL NO. 1: Begin at the Southeast corner of said Government Lot 2; thence North a distance
of 248.70 feet; thence West a distance of 417.40 feet; thence South a distance of 248.70 feet;
thence East a distance of 417.40 feet to the point of beginning.
PARCEL NO. 2: Begin 237.60 feet South of the Northeast corner of said Lot 2, Section 6, which is
also the intersection of the Southeast line of the Fleming Grant and the East Line of said
Government Lot 2; thence South a distance of 245.50 feet; thence West to the Southeast line of
the said Fleming Grant; thence Northeasterly, along said Fleming Grant Line to the intersection
of said line with the East line Government Lot 2, the point of beginning.
SCHEDULE B — SECTION 1
Commitment No.: 864-0042708
File Number: P -29449
The following are requirements to be complied with:
1. Payment of the full consideration to or for the account of, the grantor's or mortgagors.
2. Payment of all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable.
3. Instrument(s) creating the estate or interest to be insured must be approved, executed and filed for record:
a. Secure Owner's Affidavit.
b. Secure and record Warranty Deed from Owner(s) of Record in favor of proposed
insured.
ALTA Commitment - 1966
Schedule B - Section I
Form 1004 -119 43 a "F` `'e' L
ISSUED BY
COMMONWEALTH LAND TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE
11;* Commonwealth
A LANDAMERICA COMPANY
COMMITMENT NUMBER
864 - 004208.
COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the company, for a
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of
the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land
described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of
Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this
Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations
hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for
shall be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the
company.
In Witness Whereof, the said Company has caused its Corporate Name and Seal to be hereunto affixed; this instrument,
including Commitment, Conditions and Stipulations attached, to become valid when countersigned on Schedule A by an
Authorized Officer or Agent of the Company.
Attest: / / //" /�' � �tr✓um2
�/i✓✓ ` / Secretary
American Lana i ine Associanon uummamem - i aoo
Face Page
Form 1004 -217A
COMMONWEALTH LAND TITLE INSURANCE COMPANY
apTITtF� C
¢ Z /
W : n
n President yo��oas-��N�a�o
Valid only if Schedules A, B and Cover are attached
P_ 249 AFFIDAVIT OF OWNERSHIP AND S LICITATION
STATE O COUNTY OF
The undersigned, being first duly sworn upon oath, deposes and says under penalty of perjury:
That the affiant is the transferor and owner of the property in fee simple and in possession of that certain real estate in
Indian River _ County, Florida, described as follows:
Metes and Bounds, Indian River County, Florida
2. That my (our) United States Tax Payer Identification # (SS #) is _
and that my U.S. address is
It is understood that we are required by law to provide Professional Title of Indian River, Inc. with our correct taxpayer
identification #.
3. That I am not a "foreign person" as that term is defined in Section -1445 (f)(3) of the Internal Revenue Code.
4. That Affiant's possession has been peaceful and undisturbed; that Affiant's title thereto has never been disputed,
questioned or rejected.
5. That all owners named herein are legal adults over the age of 18 years.
6. That Affiant does not know of any facts by reason of which Affiant's said possession of, or title to, the said premises might
be disturbed, or questioned, or by reason of which any claim to said premises, or any part thereof, or interest therein,
adverse to ownership, might arise or be set up.
7. That no person has any lease, option, deed orcontract of any nature whatsoever for the purpose of, orclaim to, or against,
such premises, or any part thereof, except as hereinafter stated; that the said premises are now free and clear of all taxes
(which are due and payable), encumbrances, or liens, by mortgage decree, judgment, statute, or any other liens of any
nature and description, except:
8. That there are no mechanics' liens against said property and that there are no unpaid bills or claims outstanding for labor
or material incident to the construction, repairing, renovating or improving of the buildings and improvements located upon
said-property including such materials furnished or labor performed within the past 90 days hereof., and that there are not
liens for Child Support, which may effect said property.
9. That no proceedings in bankruptcy have ever been instituted by, or against, deponent in any Court, or before any Officer
of any State.
10. That there are no pending or certified improvement liens or assessments.
11. That there are no unpaid bills of claims outstanding for public utility services furnished to the aforedescribed property; that
any charges accumulating for the current month for same are financial responsibility of the Affiant up to and including the
date of this Affidavit.
12. That they certify that from _ 9/20/01 , date of the most current title certification, no lien, encumbrance of
other document, has been filed of record, adversely affecting title to said property.
13. Aff iants further state that in the event a document has been filed or recorded from the above date through the recording
of the Deed to the purchasers, the Affiants will assume FULL LEGAL RESPONSIBILITY for the removal or satisfaction
of same.
14. Affiants further agree to indemnify PROFESSIONAL TITLE OF INDIAN RIVER, INC. and /or underwriter and /or the
purchasers in this transaction against any intervening liens or other documents adversely affecting the title to the above -
described property.
15. That Affiant gives this Affidavit for the purposes of inducing the above - described Grantees to purchase the above -
described property and PROFESSIONAL TITLE OF INDIAN RIVER, INC. and /or underwriter to insure the title of the
above- described property and PROFESSIONAL TITLE OF INDIAN RIVER, INC. and/or-underwriter to disburse proceeds
of the sale at the time of closing, or in accordance with an agreement between the parties of this transaction.
16. Affiants understand that whoever makes afalse statementwhich he does not believe to be true, underoath, not in an official
proceeding, in regard to any material matter, shall be guilty of a misdemeanor of the first degree, punishable by a definite
term Of imprisonment not exceedlnp one year, as provided in Chanter 775 Flnririn Ctntrntoe
FURTHER THE AFFIANTS SAITH NAUGHT
SWORN TU ND SUB IBED
BEFO / E HIS da
of
Notary ublic -7
Stat of _
My commission expires:
NOTARY S
a`` a CYNTHIA M. RICH
Q * *0 Natary Public • State of Florida
s ** Z My COfT1MISSW EXP. May 17, 2065
�°:;y ConVl Wien # CC9946W
JDC 8/12/98
"LEGAL DESCRIPTION"
All of Government Lot 2, Section 6, Township 31 South, Range 39 East, Indian River County,
Florida, EXCEPT the following described parcels of land:
PARCEL NO. 1: Begin at the Southeast corner of said Government Lot 2; thence North a distance
of 248.70 feet; thence West a distance of 417.40 feet; thence South a distance of 248.70 feet;
thence East a distance of 417.40 feet to the point of beginning.
PARCEL NO. 2: Begin 237.60 feet South of the Northeast corner of said Lot 2, Section 6, which is
also the intersection of the Southeast line of the Fleming Grant and the East Line of said
Government Lot 2; thence South a distance of 245.50 feet; thence West to the Southeast line of
the said Fleming Grant; thence Northeasterly, along said Fleming Grant Line to the intersection
of said line with the East line Government Lot 2, the point of beginning.
Return to: - riclose self - addressed stamped envelope)
Name: rT_J:r_essional Title of I.R.
1546 N U.S. #1
-Address: Sebastian, FL 32958
This Instrument Prepared by:
jPjrofessional Title of I.R.
Addra�s4 6 N U.S. #1
Sebastian, FL 32958
Property Appraisers Parcel Identification (Folio) Number(s):
06- 31 -39- 00000 - 0020 - 00001.0
Grantee[s] S.S. #[s]:
SPACE ABOVE THIS LINE FOR PROCESSING DATA
�� •5 P -29449
arrarrttl Reed
Richard G. Giteles
WARRANTY DEED
INDIVID. TO INDIVID.
N
a
3
n
a
DOCUMENTARY STAMPS
DEED $ /a-14o.c5a
A
NOTE$
a JEFFREY K. BARTON, CLERK
INDIAN RIVER COUNTY
Made the
RAMCO FORM 01
IN THE RECORDS of
JEFFREY K. BARTON
CLERK CIRCUIT COURT
IN01" RIVER CO.. Fu.
SPACE ABOVE THIS LINE FOR RECORDING DATA
day of 0 A.D,-)W by
hereinafter called the grantor, to
City of Sebastian
whose post office address is IA '4T
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)
ittlts.604: 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:
SEE ATTACHED LEGAL DESCRIPTION
Subject to all valid restrictions, reservations, easements and zoning of record.
Grantor(s) further warrants that the above described property is not homestead
property and grantors residence is other than that being conveyed.
4Onethtr, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
00 lfittue 8t1b t0 MOM, the same in fee simple forever.
Atib 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 whrym.soever: and that said land
is free of all encumbrances, except taxes accruing subsequent to December 31, 2001
N Witnt,00 V4trtd, the said grantor has signed and sealed these presents the day and year first above
written. --�
rled, Baled nd deliver9d in the presence of.• /
r gnature
! Richard G. Giteles
ure Printed Signature
taro P sce Address
Sl¢ nature
Printed Signature
Signature
Printed Signature
STATE OF r
COUNTY OF Who
I HEREBY CE FY that o this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared Richard G. Giteles
to me known to be the perso described in and
who executed the foregoing instrument and acknowledged befor me that executed the e.
WITNESS my hand and official seal in the County and State last e i thi day of A.D-
a`* °tee CYN7H[AM,RICH
z* * Notary Public • State of Florida No ignature
My Ommimion Up. May 11, 2005
07' �t5�~ C=Mi& ion # CC%4M
Printed _ Notary Signature
. My Comn&sion Expires:
Im
Signature
Printed Signature
Post Office Address
"LEGAL DESCRIPTION"
All of Government Lot 2, Section 6, Township 31 South, Range 39 East, Indian River County,
Florida, EXCEPT the following described parcels of land:
PARCEL NO. 1: Begin at the Southeast corner of said Government Lot 2; thence North a distance
of 248.70 feet; thence West a distance of 417.40 feet; thence South a distance of 248.70 feet;
thence East a distance of 417.40 feet to the point of beginning.
PARCEL NO. 2: Begin 237.60 feet South of the Northeast corner of said Lot 2, Section 6, which is
also the intersection of the Southeast line of the Fleming Grant and the East Line of said
Government Lot 2; thence South a distance of 245.50 feet; thence West to the Southeast line of
the said Fleming Grant; thence Northeasterly, along said Fleming Grant Line to the intersection
of said line with the East line Government Lot 2, the point of beginning.
0
C13
-sa
GJ
W
ISSUED BY
COMMONWEALTH LAND TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE
Commonwealth POLICY NUMBER
A LAi\DAMER[CA COMPANY A02-0030481
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND
THE CONDITIONS AND STIPULATIONS, 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, sustained or incurred by the insured by reason of:
I. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided
in the Conditions and Stipulations.
IN WITNESS WHEREOF, 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
By: �► %— ]
Attest: � �/`" /�� �e �til/Z(/✓�Q, �l/w -"-I � ��C,�t�
(�✓ Secretary (1 President
i
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve-
ment now or hereafter erected on the land; (iii) 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; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula-
tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
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, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(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.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer
results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
A
ALTA Owner's Policy (10/17/92) Face Page
with Florida Modifications Valid only if Schedules A and B and Cover are attached
Form 1190 -21A ORIGINAL
Issued from the
office of:
PROFESSIONAL
TITLE OF
INDIAN RIVER, INC.
1546 North U. S. Highway I
Sebastian, FL 32958
Phone: (561) 589 -3231
OWNER'S POLICY OF
TITLE INSURANCE
AMERICAN LAND TITLE ASSOCIATION
(10/17/92)
(WITH FLORIDA MODIFICATIONS)
ISSUED BY
COMMONWEALTH LAND TITLE INSURANCE COMPANY
1p Commonwealth
A LANDAMERICA COMPANY
Title Insurance Since 1876
HOME OFFICE:
101 Gateway Centre Parkway, Gateway One
Richmond, Virginia 23235-5153
B 1190 -22
A WORD OF THANKS.....
As we make your policy a part of our permanent
records, we want to express our appreciation
of this evidence of your faith in Commonwealth
Land Title Insurance Company.
There is no recurring premium.
This policy provides valuable title protection and
we suggest you keep it in a safe place where it
will be readily available for future reference.
If you have any questions about the protection
provided by this policy, contact the office that
issued your policy or you may write to:
Consumer Affairs Department
Commonwealth Land Title
Insurance Company
P.O. Box 27567
Richmond, Virginia 23261 -7567
TOLL FREE NUMBER: 1- 800 - 446 -7086
CONDITIONS-AND STIPULATIONS
7. DETERMINATION AND EXTENT OF LIABILITY. (Continued)
The Company shall be subrogated to and be entitled to all rights and
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the insured claimant who has suffered
loss or damage by reason of matters insured against by this policy and
only to the extent herein described.
(a) The liability of the Company under this policy shall not exceed the
least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or
interest as insured and the value of the insured estate or interest subject
to the defect, lien or encumbrance insured against by this policy.
(b) The Company will pay only those costs, attorneys' fees and
expenses incurred in accordance with Section 4 of these Conditions and
Stipulations.
8. 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 the 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 parcel by the Company and the insured at the time of the issuance
of this policy and shown by an express statement or by an endorsement
attached to this policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect,
lien or encumbrance, or cures the lack of a right of access to or from the
land, or cures the claim of unmarketability of title, all as insured, in a
reasonably diligent manner by any method, including litigation and the
completion of any appeals therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be liable for any loss
or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company
or with the Company's consent, the Company shall have no liability for
loss or damage 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.
(c) The Company shall not be liable for loss or damage to any insured
for liability voluntarily assumed by the insured in settling any claim or
suit without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
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.
11. 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 a mortgage to which exception is taken in Schedule B or
to which the insured has agreed, assumed, or taken subject, or which is
hereafter executed by an insured and 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 to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for
endorsement of the payment unless the policy has been lost or destroyed,
in which case proof of loss or destruction shall be furnished to the
satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the loss or
damage shall be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation
Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in the Company unaffected by
any act of the insured claimant.
ALTA Owner's Policy (10- 17 -92) Cover Page
with Florida Modifications
Form 1190 -22
remedies which the insured claimant would have had against any person
or property in respect to the claim had this policy not been issued. If
requested by the Company, the insured claimant shall transfer to the
Company all rights and remedies against any person or property neces-
sary in order to perfect this right of subrogation. The insured claimant
shall permit the Company to sue, compromise or settle in the name of the
insured claimant and to use the name of the insured claimant in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and
remedies in the proportion which the Company's payment bears to the
whole amount of the loss.
If loss should result from any act of the insured claimant, as stated
above, that 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 by this
policy which shall exceed the amount, if any, lost to the Company by
reason of the impairment by the insured claimant of the Company's right
of subrogation.
(b) The Company's Rights Against Non - insured Obligors.
The Company's right of subrogation against non - insured obligors
shall exist and shall include, without limitation, the rights of the insured
to indemnities, guaranties. other policies of insurance or bonds, notwith-
standing any terms or conditions contained in those instruments which
provide for subrogation rights by reason of this policy.
14. ARBITRATION.
Unless prohibited by applicable law, arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration Association
may be demanded if agreed to by both the Company and the insured.
Arbitrable matters may include, but are not limited to, any controversy
or claim between the Company and the insured arising out of or relating
to this policy, any service of the Company in connection with its issuance
or the breach of a policy provision or other obligation. Arbitration
pursuant to this policy and under the Rules in effect on the date the
demand for arbitration is made or, at the option of the insured, the Rules
in effect at Date of Policy shall be binding upon the parties. The award
may include attorneys' fees only if the laws of the state in which the land
is located permit a court to award attorneys' fees to a prevailing party.
Judgment upon the award rendered by the Arbitrator(s) may be entered
in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto
by the Company is the entire policy and contract between the insured and
the Company. In interpreting any provision of this policy, this policy
shall be construed as a whole.
(b) 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 by any action asserting such claim, shall be restricted
to this policy.
(c) No amendment of or endorsement to this policy can be made
except by a 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.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that
provision and all other provisions shall remain in full force and effect.
17. 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: Consumer Affairs Department,
P.O. Box 27567, Richmond, Virginia 23261 -7567.
Inquires regarding policy coverage and assistance in resolving
complaints, should be directed to the Company at (407) 481 -8181.
Claims must be reported in accordance with Conditions and
Stipulations.
ORIGINAL Valid only if Face Page and Schedules A and B 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 would have had against the named insured,
those who succeed to the interest of the named 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.
(c) "knowledge" or "known ": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured by reason of the
public records as defined in this policy or any other records which impart
constructive notice of matters affecting the land.
(d) "land ": the land described or referred to in Schedule A, and
improvements affixed thereto which by law constitute real property. The
term "land" does not include any property beyond the lines of the area
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.
(0 "public records ": records established under state statutes at Date of
Policy for the purpose of imparting constructive notice of matters relating
to real property to purchasers for value and without knowledge. With
respect to Section I(a) (iv) of the Exclusions From Coverage, "public
records" shall also include environmental protection liens filed in the
records of the clerk of the United States district court for the district in
which the land is located.
(g) "unmarketability of the title ": an alleged or apparent matter affecting
the title to the land, not excluded or excepted from coverage, which would
entitle a purchaser of the estate or interest described in Schedule A to be
released from the obligation to purchase by virtue of a contractual
condition requiring the delivery of marketable title.
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 only so long as the insured retains an estate or interest
in the land, or holds an indebtedness secured by a purchase money
mortgage given by a purchaser from the insured, or only so long as the
insured shall have liability by reason of covenants of warranty made by the
insured in any transfer or conveyance of the estate or interest. This policy
shall not continue in force in favor of any purchaser from the insured of
either (i) an estate or interest in the land, or (ii) an indebtedness secured by
a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of
any litigation as set forth in Section 4(a) below, (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 prompt notice shall not be given to the Company, then as
to the insured all liability of the Company shall terminate with regard to
the matter or matters for which prompt notice is required; provided,
however, that failure to notify the Company shall in no case prejudice the
rights of any insured under this policy unless the Company shall be
prejudiced by the failure and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF
INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options
contained in Section 6 of these Conditions and Stipulations, the Company,
at its own cost and without unreasonable delay, shall provide for the
defense of an insured in litigation in which any third party asserts a claim
adverse to the title or interest as insured, but only as to those stated causes
of action alleging a defect, lien or encumbrance or other matter insured
against by this policy. The Company shall have the right to select counsel
of its choice (subject to the right of the insured to object for reasonable
cause) to represent the insured as to those stated causes of action and shall
not be liable for and will not pay the fees of any other counsel. The
Company will not pay any fees, costs or expenses incurred by the insured
in the defense of those causes of action which allege matters not insured
against by this policy.
(b) The Company shall have the right, at its own cost, to institute and
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, or to prevent or reduce loss or damage to the insured.
The Company may take any appropriate action under the terms of this
policy, whether or not it shall be liable hereunder, and shall not thereby
concede liability or waive any provision of this policy. If the Company
shall exercise its rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the
Company may pursue any 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.
(d) 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 shall secure to the Company the right to so prosecute or provide
defense in the action or proceeding, and all appeals therein, and permit the
Company to use, at its option, the name of the insured for this purpose.
Whenever requested by the Company, the insured, at the Company's
expense, shall give the Company all reasonable aid (i) in any action or
proceeding, securing evidence, obtaining witnesses, prosecuting or
defending the action or proceeding, or effecting settlement, and (ii) in any
other lawful act which in the opinion of the Company may be necessary or
desirable to establish the title to the estate or interest as insured. If the
Company is prejudiced by the failure of the insured to furnish the required
cooperation, the Company's obligations to the insured under the policy
shall terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such
cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these
Conditions and Stipulations have been provided the Company, a proof of
loss or damage signed and sworn to by the insured claimant shall be
furnished to the Company within 90 days after the insured claimant shall
ascertain the facts giving rise to the loss or damage. The proof of loss or
damage shall describe the defect in, or lien or encumbrance on the title, or
other matter insured against by this policy which constitutes the basis of
loss or damage and shall state, to the extent possible, the basis of
calculating the amount of the loss or damage. If the Company is prejudiced
by the failure of the insured claimant to provide the required proof of loss
or damage, the Company's obligations to the insured under the policy shall
terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such
proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit
to examination under oath by any authorized representative of the
Company and shall produce for examination, inspection and copying, at
such reasonable times and places as may be designated by any authorized
representative of the Company, all records, books, ledgers, checks,
correspondence and memoranda, whether bearing a date before or after
Date of Policy, which reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company , the insured
claimant shall grant its permission, in writing, for any authorized
representative of the Company to examine , inspect and copy all records,
books, ledgers, checks, correspondence and memoranda in the custody or
control of a third party, which reasonably pertain to the loss or damage.
All information designated as confidential by the insured claimant provided
to the Company pursuant to this Section shall not he disclosed to others
unless, in the reasonable judgement of the Company, it is necessary in the
administration of the claim. Failure of the insured claimant to submit for
examination under oath, produce other reasonably requested information
or grant permission to secure reasonably necessary information from third
parties as required in this paragraph shall terminate any liability of the
Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the following
additional options:
(a)To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the amount of insurance under
this policy together with any costs, attorneys' fees and expenses incurred by
the insured claimant, which were authorized by the Company, up to the
time of payment or tender of payment and which the Company is obligated
to pay.
Upon the exercise by the Company of this option, all liability and
obligations to the insured under this policy, other than to make the
payment required, shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation, and the policy shall be
surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name
of an insured claimant any claim insured against under this policy, together
with any costs, attorneys' fees and expenses incurred by the insured
claimant which were authorized by the Company up to time of payment
and which the Company is obligated to pay; or
(ii) to pay or otherwise settle with the insured claimant the loss or
damage provided for under this policy, together with any costs, attorneys'
fees and expenses incurred by the insured claimant which were authorized
by the Company up to the time of payment and which the Company is
obligated to pay.
Upon the exercise by the Company of either of the options provided for
in paragraphs (b)(i) or (ii), the Company's obligations to the insured under
this policy for the claimed loss or damage, other than the payments
required to be made, shall terminate, including any liability or obligation to
defend, prosecute or continue any litigation.
Conditions and Stipulations Continued Inside Cover
B 1190 -21 A
Issued with Policy No.
Policy No. A02- 0030487
File Number P-29449
1. Name of Insured:
SCHEDULE A
Effective Date: 01 OCT 09 PM 1:38
Amount of Insurance: $ 178, 000 .00
City of Sebastian
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
1435 , Page 1732 of the Public Records
of Indian River County, Florida.
3. The land referred to in this policy is described as follows:
SEE ATTACHED LEGAL DESCRIPTION
Countersigned:
Authorized Officer or Agent
ALTA Owner's Policy
Schedule A
Form 1190 -47
MGMAL
SCHEDULE B
File Number P -29449
Policy No. A02- 0030487
This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which
arise by reason of.
1. Taxes for the year 2001 and taxes or assessments which are not shown as existing liens by the public records or which may
be levied or assessed subsequent to the date hereof.
2. Rights or claims of parties in possession not shown by the public records.
3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or
inspection of the premises.
4. Easements or claims of easements not shown by the public records.
5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by
the public records.
6. Any claim that any part of said land is owned by the State bf Florida by right of sovereignty, and riparian rights, if any.
7. Notwithstanding the insuring provisions, this policy does not insure any right of
access to and from the land.
8. Ordinance No. 0 -91 -07 City of Sebastian, dated 1/23/91 and recorded in OR Book
902, Page 2871, Public Records of Indian River County, Florida.
9. Ordinance No. 0 -91 -08 City of Sebastian, dated 7/10/91 and recorded in OR Book
902, Page 2876, Public Records of Indian River County, Florida.
10. The rights, if any, of the public to use as a public beach or recreation area any
part of the land lying between the body of water abutting the subject property and
the natural line of vegetation, bluff, extreme high water line, or other apparent
boundary lines separating the publicly used area from the upland private area.
11. Riparian and /or littoral rights, filled -in Lands, tideland, lands comprising the
shores and bottoms of navigable waters and lands beyond the harbor or bulkhead
lines as established by governmental authority.
12. Personal property is neither guaranteed nor insured.
13. This policy does not insure against county and /or municipal improvement liens
which are not recorded in the Official Records of subject county.
14. Assessments and /or improvement liens, pending and certified.
15. 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 water, sewer
or gas system supplying the insured land.
16. Items 2 and 5 above are hereby deleted.
Schedule B of this Policy consists of Pages
ALTA Owner's Policy - UH Owner's
Schedule B
Form 1190 -36 ORIGINAL
PROFESSIONAL TITLE OF INDIAN RIVER, INC.
1546 N. U.S. 1 • SEBASTIAN, FLORIDA 32958
( 561 ) 589 -3232 .(561 ) 589 -3231 • FAX (5611 )589 -3233
October 18, 2001
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Attn: Terrence Moore
Re: Purchase of Metes and Bounds, Indian River County
Our file No. P- 29449
Dear Customer:
,--�2A 2J2s2j���
40 o R
C� � � wW
Aj
a yo
�ILOL�
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 title policy to reflect the total value of the home.
Be advised that if upon construction you neglect to insure the property for
the v11ue of the construction; you will only he reimbursed the dollar amount
of this policy and not your total investment, in the event of a title loss.
If upon construction you 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 needs.
Sincerely,
K. Frey
Telephone: (561) 567 -8000
OFFICE OF
COUNTYATTORNEY
Paul G. Bangel*
County Attorney
William G. Collins II*
Deputy County Attorney
Marian E. Fell
Assistant County Attorney
*Board Certified by the
Florida Bar Board of Legal
Specialization and Education
in City, County & Local
Government Law
Telephone:
Extension 1424
SUnconl:
224 -1424
Fax:
(561) 569 -4317
BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Vero Beach, Florida 32960 -3365
Mr. Terrence Moore
City Manager
CITY OF SEBASTIAN
1225 Main Street
Sebastian, FL 32958
X1rs -Al 1213'4,5,
O
t00
December 10, 2001
Re: Your Request for Waiver of Property Taxes for Recently Acquired
City Property from (1) Richard G. Giteles and (2) Charles B.
Rowley, Ill
Dear Mr. Moore:
The Board of County Commissioners, at its December 4, 2001 meeting,
passed resolutions canceling taxes on the properties referenced above.
Copies of Resolution No. 2001 -118 and Resolution No. 2001 -119 are
enclosed for your records. These resolutions effectively cancel the
remainder of the 2001 ad valorem taxes as well as ad valorem taxes for
subsequent years so long as the property remains in the name of the City
of Sebastian and is for a public use.
e-mail:
ircattorney @bcc.co. nhm
indian- river.fl.us Enclosures
Yours truly,
William G. Collins II
Deputy County Attorney
cc: Joseph A. Baird — Assistant County Administrator (w /o encs.)
Richard Stringer — Sebastian City Attorney
Mark Mason — Director of Finance, City of Sebastian
11/01 RESO(LEGAL)WGC /nhm
from Richard G. Giteles to City of Sebastian
for future public park use
RESOLUTION NO. 2001- 118
A RESOLUTION OF INDIAN RIVER
COUNTY, FLORIDA, CANCELLING
CERTAIN TAXES UPON PUBLICLY OWNED
LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of
County Commissioners of each County to cancel and discharge any and all liens
for taxes, delinquent or current, held or owned by the county or the state, upon
lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States, for
road purposes, defense purposes, recreation, reforestation, or other public use;
and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are or
will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and directed
1
RESOLUTION NO. 2001 - 118
to make proper entries upon the records to accomplish such cancellation and to
do all things necessary to carry out the provisions of section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, that:
Any and all liens for taxes delinquent or current against the following
described lands, which were purchased for future public park use from Richard
G. Giteles by the City of Sebastian are hereby cancelled pursuant to the
authority of section 196.28, F.S.
See attached Warranty Deed describing lands,
recorded in O.R. Book 1435 at Page 1732, Public
Records of Indian River County, Florida.
The resolution was moved for adoption by Commissioner Adams , and
the motion was seconded by Commissioner Ti ppi n , and, upon being put to
a vote, the vote was as follows:
Chairman Caroline D. Ginn Aye
Vice Chairman Ruth M. Stanbridge Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
Commissioner John W. Tippin Aye
E
RESOLUTION NO. 2001-118
The Chairman thereupon declared the resolution duly passed and
adopted this 4th day of December , 2001.
ATTEST: Jeffrey K. Barton, Clerk
Deputy Cle.r
APPRO'''ED AS TO FORM
AND LEGAL SUFFICIENCY
By
VilILLIA1,1 G. COLLiNS li
DEPUTY COUNTY ATTORINEY
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Caroline D. Glnn, ChaTrman
3
Wb
0
taa.. 14w'' *rr......e.er.�.r.rlw�..I.wo•l
t erofeSsional Title of I.R.
1546 N U.S. #1
Sebastian, FL 32958
Trot Inmument Prepared by
Professional Title of I.R.
46 N U.S. #1
Sebastian, FL 32958
Property Apprelsere Parcel Identification IFDIlo1 Numberlsl:
06- 31 -39- 00000 - 0020 - 00001.0
Orenteelsl S.S. its):
SPACE ADoA THIS LANE FOR PROCEaBMD DATA
P -29449
W nrran #q
Richard G. Giteles
I1 d the ant(W to
WARRANTY DaaD
INDIVID. " INDIVID.
DOCUMENTARY STAMPS
DEEDS /944,.00
NOTES
JEFFREY K. BARTON, CLERK
INDIAN RIVER COUNTY
RAMCO rORM OI
IN THE RECORDS OF
JEFFREY K. BARTON
CLERK CIRCUIT COURT
INDIAN RIVER COn FLA.
I SPACE ABOVE THIS LINE FOR RECORDING DATA
Made the day of & A.D,-)6�1 by
hereinq/ier ca a gr
City of Sebastian —yy c
whose post ofree address is /,'i,V� '
hereinoer called the grantee:
(WAn...r s.d hn.in th. t.ne. 'er+nbr' ..,d 'ennlw' IxIuM all N. p.nln b 8,1. Irwmmnt .,d Ih.
L h w npm.eL+LI_ .red .Jpm of ladMdu.l., .red N..eeen•nn .red --I,. of eorponuonq
3V1tlltsstt4: 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, remises,
releases, conveys and cmvir7 Florida unto viz:
the grantee all that certain land situate in Indian River
County, State of
SEE ATTACHED LEGAL DESCRIPTION
Subject to all valid restrictions, reservations, easements and zoning of record.
Grantor(s) further warrants that the above described property is not homestead
property and grantors residence is other than that being conveyed.
ainge4tr, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining. 7(7
zDII liIIUt unb ft, FLO. the same in fec simple forever.
,Alto 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 wh— soever: and that said land
is free of all encumbrances, except taxes accruing subsequent to December 31, 200,
3111 Witness W4trtil the said grantor has signed and sealed these presents the day and year first above
written
St ed, led d d liver in the presence of
Richard G. Giteles
•dn Ian.lun ..�� f S�'
r t iii., A . —r-- —
W
O
J�
J
O
J
�; �.
o1.
0
C--)
A.D
a
W
Nn Ian.wn
. Ian.I.n
A m.
O
9TATF. Of• 1
W
CoUN'1'1' of
' day, be lure mc, an of ficer duly Authorized in the Su1Lc uforew{d
and in the County
aforesaid to take
CJ1
111F:Rf:IIY C FY that oq this
lmrwnally appeared Richard G . G i t e 1 e ste
duscribed in and
—fl
rcknowledgmeni.,
me
befor me that
known to he the Iaa•su
execute.d the x•.
In-n/
who execuLrtl the foregoing instrument and acknowlniged
WITNESS my hand and al seal in the atc IaAt c
daY of
A ( )%!/"
CYWTHU
71and
Nots.1 Pbic •
k1' Co^r^•• . EColmsuwn
--
M....,,,,,,n
8
/ . r r' h.• /'i'�'J
34.2 /' `�' / tiA1 AC �
/ •' ;`..r
, ..,.� 'v..''. � �
$ $ 9... ` 1 4;
f
N--9 99 /
00o 's F• 4.1 ` . / .� Q`2` . 0
pp ,.. , ,
0P3o 18.00 AC <''':, eE, ►Al . _ 26.7
00001.0 3821 239999 11. '4. 10 4 j i
Z7 AC
9999 1� n,PH 5
' 35.0 /�1 ��, _�^ X53.91 a1 i
B.`.. ' -
PHASE 2.jr �-
1 4
9999 50 AC
= ,e
X2 3E 2 AC I
999. _ 1 MIS--
AC 9 w�
3
Gti t k�4
4 MIDDLE N
V �
AC 2 5
15 - - -nZ - P.I.
27556 AC '..,: - 2(19.9 Y�n a 6 5.1 cp
ti
90 xs .
',.
'Sa ac Ord 12\` 11 •`, 10
°0010 t 9 . 7
00004.1 4
.' .79 205.22 .7 HILT \S SU
Ac o000 00 rn 3 -022
000o ~ 0010 0010
0020 004. ��0004. 7 6 'r 5: `� 4
�°2.0
282 e 00oUb n73 f'7\ ti. 2 1 e
00 010 0598 ACS° �y1 QS \ ` 90
BLOCK A
HUDSgg SUB v�
0010 250 AC % 00 O t91
0 00011.0 005.0
0 00
/ 00 0
`< 0000 0 00000
r TJ9 5 q 0010 AC 1
` Y °00°t 00000
,<
0010 0010 68 AC ^O
o0 .
2 00015.0 6
t 9.34 A 2 -
\\ U i 0�
BLOCK C BLOCK B 00 14
- ^ 4nzz
HUDSON DITIOB ocx E
A BLOCK D
n
ABANDONED PER RD. 87 -15
i`
_.
373 r. 572.1 210
SCHOOL49-' PARK SUB REPEAT T`
00000 00001
.ACT C A. 0040 — 00001
00002.0
v SCHOOL GROUNDS 00006 225 AC tot
... _:-
000i TRACT B 00001 o AC ' 1z21
- - - -- W SC 2
0 006 b Li; H L ... I II'
;3.96 AC 52 r e 828 AG ~ I ., I A. ROSE, i S W B i-
Ac cn raj t > s i I .8.SL-j 0 05E3 �_
s 3 P.B.I. 02 -029 i — i i I E
F 51 41 3 i 1 ?111 10: 8 71 6 5 1 4i 3i
r ' �y
42-11 s0 50 60 50
I STREET
a : MAIN
11/01 RESO(LEGAL)WGC /nhm
from Charles B. Rowley, III, a married adult to City of Sebastian
for future public park use
RESOLUTION NO. 2001- 119
A RESOLUTION OF INDIAN. RIVER
COUNTY, FLORIDA, CANCELLING
CERTAIN TAXES UPON PUBLICLY OWNED
LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of
County Commissioners of each County to cancel and discharge any and all liens
for taxes, delinquent or current, held or owned by the county or the state, upon
lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States, for
road purposes, defense purposes, recreation, reforestation, or other public use;
and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are or
will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and directed
1
RESOLUTION NO. 2001- 119
to make proper entries upon the records to accomplish such cancellation and to
do all things necessary to carry out the provisions of section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, that:
Any and all liens for taxes delinquent or current against the following
described lands, which were purchased for future public park use from Charles
B. Rowley, III, a married adult by the City of Sebastian are hereby cancelled
pursuant to the authority of section 196.28, F.S.
See attached Warranty Deed describing lands,
recorded in O.R. Book 1437 at Page 0646, Public
Records of Indian River County, Florida.
The resolution was moved for adoption by Commissioner Adams , and
the motion was seconded by Commissioner Ti ppi n , and, upon being put to
a vote, the vote was as follows:
Chairman Caroline D. Ginn _gam
Vice Chairman Ruth M. Stanbridge Aye
Commissioner Fran B. Adams Ave
Commissioner Kenneth R. Macht Aye
Commissioner John W. Tippin Ave
2
RESOLUTION NO. 2001- 119
The Chairman thereupon declared the resolution duly passed and
adopted this 4th day of December 2001.
ATTEST: Jeffrey K. Barton, Clerk
Deputy Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY
r.
WILLIAM G. C0LLHNIIS E
DEPUTY COUNTY ATTORNEY
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Caroline D. Glnn, Chai an
3