HomeMy WebLinkAbout2013 Rallis, Charmian Herd - Cemetery PropertyThis Document Prepared By and Rettsm too
Professional Title of Indian River, Inc.
1545 N. U.S. Highway One
Sebastian, Florida 32958
cl
Parcel ID Number: 30 -38- 21- 40001 - 0000 - 00025/1
3120130037199
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 2676 PG: 571 Page 1 of 1 6/712013 12:19 PM
D DOCTAX PD $2,100.00
J
,,.0." Warranty Deed.
This Indenture, Made this 07 4 day of May , 2 01 1.a' Between
Chazmian Herd Rallis
oftheCounty of Indian River, State of Florida s grantor, and
City of Sebastian
whose address is: 1225 Main Street, Sebastian, Fl. 32958
of lire County of Indian River, state of Florida , grantee,
Wltnesselth that the GRANTOR, for and in considetvion of [lie sun of
---------------------------- TEN DOLLARS ($ 10) ---------------------------- DOLLARS,
and other goad and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has
granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land,
situate. lying and being in the County of Indian River State of Florida to wit:
Begin at the Northeasterly Fleming Grant line in Section 30 of Fleming
Grant at a concrete monument marking the boundary between Lots 25 and 26
of Wauregan., for point of beginning; thence run Southwesterly along the
boundary between Lots 25 and 26 of Wauregan 322.38 feet to the Easterly
right -of -way of U.S. Highway No. 1 (120 foot highway width); thence run
Northwesterly along the Easterly right of way of U.S. Highway No. I a
distance of 200 feet; thence run Northeasterly on a line parallel to the
side lot line between Lets 25 and 26 of Wauregan a distance of 298.9
feet, more or less, to the Fleming Grant Line; thence run Southeasterly
along the Northeasterly side of said Lot 25 to the Point of Beginning.
All in Wauregan, Fleming Grant, according to the map or plat thereof,
filed in the Office of the Clerk of the Circuit Court of Brevard County,
Florida, in Plat Book 1, page 75; and re- filed in the Office of the
Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Beak 1,
pages 178 and 179; said land now lying and being in Indian Raver County,
Florida, being in Section 30, Fleming Grant.
Grant or (a) further warrant that the above described property is not their homestead.
Subject to all valid restrictions, reservations, easements and zoning of record.
and the grantor does hereby fully warrant the title to said land, and will defend (fie same against lawful claims ofalI persons whomsoever.
In Witness Whereof, the grantor has hereunto set his hand and seal the clay and year first above written.
Signed, sealed and delivered in ottr presence:
(Seal)
r tYed Name: Charmian Herd Rallis
Wi to P.O. Address: C/o Raymond Wells
P.O. Box 651117
-- Vero Beach, FL 32965
Printed N pit
Witness ,
COUNTY OF INDIAN RIVER
The foregoing instrumen( was acknowledged before me thisA clay of
Charmi.an Herd. Rallis
who is personally known to me or who has produced hj�4XkxMrAXXWWAXxe as id
her Florida I.D. Car
43782
y' A Q 1
Printed Name:
...... r SWLA L ANDERSON Notary Public
..
.= MY C0hNM15510N EE i9D9 t My Commission Expires:
a EXPIRES, Febauary 20.2U18
Bonded7hru Notary PuffeUndewiriters
rd-0 Commonwealth
IYMD I,IIt INf.yan NC't COMO~
POLICY NO.: FL0958- 81- 43781-- 2013.8130609 - 89255604
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Commonwealth Land Title Insurance Company
Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy
must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND
THE CONDITIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Nebraska corporation, (the "Company ")
insures, as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the
Insured by reason of:
Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss
from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or
delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those
acts by electronic means authorized by law, or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term 'encroachment' includes encroachments
of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing
improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to
building and zoning) restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Lurid;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to
ALTA Owner's Policy (6117106)
8130609 1 Of 8 (with Florida Modifications)
Copyright American Land Title Association. All rights reserved. The use or this Form is restricted to ALTA licensees and ALTA U
members in good standing as ofthe date of use. All other uses are prohibited. Reprinted under license from the Amcmican Land Title i ¢
Association
enforce, but only to the extent of the violation or enforcement referred to in that notice..
Fa. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice
of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the
enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise. describing any part of the Land, is recorded in
the Public Records.
B. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without
Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer
of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in
Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy,
state insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under
federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the
Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10, Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been
created or attached or has been filed or recorded in the Public Records subsequent to date of Policy and prier to the
recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this
Policy, but only to the extent provided in the Conditions.
In Witness Whereof, COMMONWEALTH LAND TITLE INSURANCE COMPANY, has caused this policy to be signed and
sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory of
the Company.
FL0958 43782
Professional Title Of Indian River Inc.
1536 North U.S. 1
Sebastian, Ft. 32958
Tel: (772) 589 -3232
Fax: 17721 589 -3233 /��,
1 �e
Countersigned:
Cynthia V, Rich
Signatory
COMM ONWFALTH LAND TITLE INSURANCE COMPANY
SEAL�
! to
ALTA Owner's Policy (6117106)
8130609 2 of 8 (with Florida Modifications)
Copyrighi American Land Title Association. All rights reserved, The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as orthe date cruse. All other uses are prohibited. Reprinted under license from the American Land Title
Association
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 that arise by reason of:
(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of lanai; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does
not modify or limit the coverage providers under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under
Covered Risk B,
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7
or 8.
1 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 bate 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 bate of Policy; or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for
the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors" rights laws, that
the transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
Any lien on the Title for real estate taxes or assessments imposed
attaching between bate of Policy and the date of recording of the
Public Records that vests Title as shown in Schedule A.
8136609
3 of 8
by governmental authority and created or
deed or other instrument of transfer in the
ALTA Owner's Policy (6/17/06)
(with Florida Modifications)
Copyright American Land Title Association. Ail rights resen•ed. The use orthis Farm is restricted to ALTA licensees and AL'rA *^
members in goad standing as orthe date of use. All other uses are prohibited Reprinted under license from the American land Title
Association
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance': The amount stated in Schedule A, as may be increased or decreased by endorsement to
this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions.
(b) "Date of Policy ": The date designated as "Date of Policy" in Schedule A.
(c) "Entity ": A corporation, partnership, trust, limited liability company, or other similar legal entity.
(d) "Insured' The Insured named in Schedule A.
(1) The term "Insured" also includes
(A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs,
devisees, survivors, personal representatives, or next of kin;
(S) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization;
(C) successors to an Insured by its conversion to another kind of Entity;
(D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying
the Title
(1) if the stock, shares, memberships, or ether equity interests of the grantee are wholly -owned by the
named insured,.
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly - owned by an affiliated Entity of the named insured, provided the affiliated Entity
and the named Insured are both wholly -owned by the same ,person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the
Insured named in Schedule A for estate planning purposes.
(ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the
Company would have had against any predecessor Insured.
(e) "Insured Claimant ": An Insured claiming loss or damage.
(f) "Knowledge" or "Known ": Actual knowledge, not constructive knowledge or notice that may be imputed to an
insured by reason of the Public Records or any other records that impart constructive notice of matters affecting
the Title.
(g) "Land " - The land described in Schedule A, and affixed improvements that by law constitute real property. The
term "Land" does not include any ;property beyond the lines of the area described in Schedule A, nor any right,
title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this
does not modify or limit the extent that a right of access to and from the Land is insured by this policy.
(h) "Mortgage ": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by
electronic means authorized by law.
(i) "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 Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the
records of the clerk of the United States District Court for the district where the Land is located.
0) "Title The estate or interest described in Schedule A.
(k) "Unmarketable Title ": Title affected by an alleged or apparent matter that would permit a prospective purchaser
or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there Is
a contractual condition requiring the delivery of marketable title.
3. CONTINUATiON OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the
Insured retains an estate or interest in the Lanai, or holds an obligation 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 warranties in
any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the
Insured of either (1) an estate or interest in the Land, or (ii) an obligation 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 5(a) of these
ALTA Owner's Policy (6117/06)
8130609 4 of 8 (with Florida Modifications)
Copyright American Land Title Association. All rights reserved. The use of this form is resviewd to AI_TA licensees and ALTA �r ^�
members in good standing as oftlte date orusc. All other uses are prohibited. Repruiwd under license from the American Land Title
Association
Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to
the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this
policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of
the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall
be reduced to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option,
require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must
describe the defect, lien, encumbrance, or other matter insured against by this policy that 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.
5, DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, 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 covered by this policy adverse to the Insured. This obligation is
limited to only those stated causes of action alleging matters 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. It 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 that allege matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its
own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be
necessary or desirable to establish the Title, 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 to the insured. The exercise of these rights shall not be an admission of liability or waiver of any
provision of this policy. if the Company exercises its rights under this subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the
Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it
expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any
action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or
provide defense in the action or proceeding, including the right 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 (1) in securing evidence, obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be
necessary or desirable to establish the Title or any other matter 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.
(b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any
authorized representative of the Company and to produce for examination, inspection, and copying, at such
reasonable times and places as may be designated by the authorized representative of the Company, all records,
in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports,
(c) e- mails, disks, tapes, and videos whether bearing a date before or after Late of Policy, that 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
ALTA Ownees Policy (6/17106)
8130609 S or 8 (with Florida Modifications)
Copyright .American Land'ritie Association. All rights reserved. The we of this Form is restricted Lo ALTA licensees and ALTA
rwinhers in good standing as orthe date of use All other uses ere prohibited Reprinted under license rrorn the American Land'ritie
Association 7W
copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage.
All information designated as confidential by the lnsured Claimant provided to the Company pursuant to this
Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the
administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any
reasonably requested information, or grant permission to secure reasonably necessary information from third
parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any
liability of the Company under this policy as to that claim.
7. 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 that
were authorized by the Company up to the time of payment or tender of payment and that the Company is
obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under
this policy, other than to make the payment required in this subsection, shall terminate, including any liability or
obligation to defend, prosecute, or continue any litigation.
(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. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by
the Insured Claimant that were authorized by the Company up to the time of payment and that 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 that were authorized by
the Company up to the time of payment and that the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in subsections (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.
8. DETERMINATION AND EXTENT OF LIABILITY
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.
(a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the value of the Title subject
to the risk insured against by this policy.
(b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title,
as insured,
(i) the Amount of Insurance shall be increased by 10 %, and
(ii) the Insured Claimant shall have the right to have the loss or damage determined either
as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and
expenses incurred in accordance with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY
ALTA Owner's Policy (6117146)
8130609 6 of 8 (with Florida Modifications)
Copyright American Land Title Association. All rights reserved. The use of this Foml is resirictod to ALTA Iicensers and ALTA tiA
members in goad standing as ordte date or use. All other uses are prohibited Reprinted under license rrom the American Land Title
Assmiation
(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 Unmarketable Title, ail as insured, in a reasonably diligent
manner by any method, including litigation and the completion of any appeals, it shall have fully performed its
obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured.
(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, adverse to the Title, as insured.
(c) The Company shall not be liable for toss or damage to the 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
Insurance by the amount of the payment,
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company pays 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 executed by an
Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to
the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment
shall be made within 34 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and
entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim
that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs,
attorneys' fees, and expenses paid by the Company_ If requested by the Company, the Insured Claimant shall
execute documents to evidence the transfer to the Company of these rights and remedies. 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 and remedies.
If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer
the exercise of its right to recover until after the Insured Claimant shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of
insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address
subrogation rights.
14. ARBITRATION
Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Lutes of the American Arbitration
Association may be demanded if agreed to by both the Company and the Insured at the time of a controversy or claim_
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, and service of the Company in connection with its issuance or the breach of a policy provision
ALTA Owner's Policy (6117106)
8130609 7 of 8 (with Florida Modifications)
Copyright American Land Title Association. All rights reserved. The use ofthis Form is restrtewd to ALTA licensees and ALTA , n
mem%ers in good standing as of the dais, orusc. All other uses are prohibited Reprinted under license from (lie American Land Title
Association
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 to it 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 that arises out of the status of the Title or by any action asserting such claim whether
or not based on negligence shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or
expressly incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a part of this ,policy and is subject to all of its terms
and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions
of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance.
16. SEVERABiLITY
In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy
shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force
and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and
determined the premium charged therefor in reliance upon the law affecting Interests in real property and
applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction
where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine
the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this
policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable
law.
(b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed
only in a state or federal court within the United States of America or its territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be
given to the Company at Commonwealth Land Title Insurance Company, Attn: Claims Department, P.O. Box 45023,
Jacksonville, FL 32232 -5023.
ALTA Owner's Policy (6117106)
8130609 a of s (with Florida Modificattons)
Copyright American Land Title Association. All rights reserved. The use ot'this Form is restricted to ALTA licensees and ALTA ��
members in good standing as of the date of use. All other uses are prohibited. Reprinted under ticense from rite American Land "Title
Association
Qp Commonwealth
LA14Q 11111 INWRNNCG 6'QXRANt
POLICY OF TITLE INSURANCE
SCHEDULE A
Commonwealth Land Title Insurance Company
Professional Title of Indian River, Inc,
1546 North U.S. #1
Sebastian, FL 32958
Policy Number: FL0958 -81- 43782 - 2013.8130609- 89255604
Address Reference: 12900 US Highway 1
Sebastian, FL 32958 Indian River County,FL
(for informational purposes only)
Date of Policy: Lune 07, 2013 at 12 :19 AM
1. Name of Insured:
City of Sebastian
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is vested in:
City of Sebastian
Order Number: 4375575
Customer Reference: 43782
Amount of Insurance: $300,000.00
Premium: $1,575.00
4. The land referred to in this policy is described in Exhibit "A" attached hereto and made part hereof,
THIS POLICY VALID ONLY IF SCHEDULE S IS ATTACKED
ALTA Owner's Policy (6/17/66)
36609 1 of 3 (with Florida Modifications)
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
(O'Commonwealth
L 44CI IPTLf IMiVkAMCt 6Onva4v
EXHIBIT "A"
Order No.: 4375575
Customer Reference; 43782
Begin at the Northeasterly Fleming Grant line in Section 30 of Fleming Grant at a concrete monument
marking the 'boundary between Lots 25 and 26 of Wauregan, for point of beginning; thence run
Southwesterly along the boundary between Lots 25 and 26 of Wauregan 322.38 feet to the Easterly right -
of -way of U,S. Highway No. 1 (120 foot highway width); thence run Northwesterly along the Easterly right
of way of U.S, Highway No. 1 a distance of 200 feet; thence run Northeasterly on a line parallel to the side
lot line between Lots 25 and 26 of Wauregan a distance of 298,9 feet, more or fess, to the Fleming Grant
Line; thence run Southeasterly along the Northeasterly side of said Lot 25 to the Point of Beginning. All in
Wauregan, Fleming Grant, according to the map or plat thereof, filed in the Office of the Clerk of the
Circuit Court of Brevard County, Florida, in Plat Book 1, page 75; and re -filed in the Office of the Clerk of
the Circuit Court of St. Lucie County, Florida, in Plat Book 1, pages 178 and 179; said land now lying and
being in Indian River County, Florida, being in Section 30, Fleming Grant,
ALTA Owner's Policy
(6/17/06)
30609 2 of 3 (with Florida Modifications)
Copyright American Land Title Association. All rights reserved. !
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association,
Commonwealth
044 111H 1456P:.N't romr Ati,
SCHEDULE B
EXCEPTIONS FROM COVERAGE
Order No.: 4375575
Customer Reference: 43782
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or
expenses that arise by reason of:
1, Taxes and assessments for the year 2013 and subsequent years, which are not yet due and payable,
2. Standard Exceptions:
A, Easements, claims of easements, boundary line disputes, overlaps, encroachments or other matters
not shown by the public records which would be disclosed by an accurate survey of the Land,
3, Resolution No. 20001 -150 recorded in Official Records Book 1372, Page 420.
4, NOTE: All recording references in this commitment /policy shall reefer to the public records of Indian River
County, Florida, unless otherwise noted,
NOTE, In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder
may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by
contacting Commonwealth Land Title Insurance Company, Telephone 1- 800- 669 -7450,
ALTA Owner's Policy
(6/17/06)
3of3
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association. -
PROFESSIONAL TITLE OF INDIAN RIVU -i, IN IC.
1546 N. U.S. 1 SFl3MSTTAI4, FLORIDA 32950
( 7,72)..589 -3232 .(7"72)09-3231 FRJC('772:)5p9 -3233
July 11, 2013
City of Sebastian
1225 Main Street
Sebastian,'Florida 32958
n
Re: Purchase of Metes and bounds
Our file No. P- 43782
Dear Customer:
Encl osed pl ease f nd- . the. -fol-l.owi-hg • 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 value of the construction, 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 constr-uction 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.
Si cerely,
Cindy Ric11
A. Settlement Statement
U.S. Department of Housing 1^
and Urban Development , r
OMB Approval No. 2502 -0265
B. Type of Loan
LEI FHA 2. ❑ FmHA 3. ® Conv. Unins.
4.0 VA 5.0 Conv. Ins.
6. File Number
43782
7. Loan Number
8. Mortgage Insurance Case Number
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.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals.
D. NAME OF BORROWER: City. of Sebastian.
ADDRESS OF BORROWER:
E. NAME OF SELLER: Channian Herd Rallis
ADDRESS OF SELLER:
F. NAME OF LENDER:
ADDRESS OF LENDER:
G. PROPERTY 12900 US Highway 1
LOCATION: Sebastian, FL 32958
H. SETTLEMENT AGENT:. PROFESSIONAL TITLE OF INDIAN RIVER, INC:
1546 N. US HIGHWAY #1, SEBASTIAN, :FL.32958 (772),589 -3231.
PLACE OF SETTLEMENT: .1546 N. US HIGHWAY #1, SEBASTIANJL.32958 -
I. SETTLEMENT DATE:
J. SUMMARY OF BORROWER'S TRANSACTION
K. SUMMARY OF SELLER'S TRANSACTION
100. GROSS AMOUNT DUE FROM BORROWER
400. GROSS AMOUNT DUE TO SELLER
101 Contract sales price
300 000.00
401.Co tract sales rice
300,000-00
102.Personal propedy
402.Personal 12ropedy
103 Settlement charges to borrower line 1400
18.50
403.
104
404.
05,
405.
Adjustments for items paid by seller in advance
Adjustments for items 12aid by seller in advance
10 .Ci to n taxes to
406.Ci /town taxes to
107.Coun1y taxes to
402, County taxes to
108.Assessments to
408. Assessments to
109. to
409. to
110 to
410 to
111 to
411. to
112. to
412. to
120. GROSS AMOUNT DUE FROM BORROWER '
300,018.50
420. GROSS AMOUNT DUE TO SELLER '
300,000.00
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER
500. REDUCTIONS IN AMOUNT DUE TO SELLER
201.Deposit or earnest mongy
10,000.00
501 -Excess deposit see instructions
202.Princi al amount of new loans
502. Settlement charges to selle line 1400
2
.203.Existin loans taken subject to
503.Existin loans taken subject to
204.
504.Pa off of first mortgage loan
205.
505.Pa off of second mortgage loan
206.Princi al amount of new loans
506.
207.
507.
208.
508.
209.
509.
209a
509a
209b
509b
Adjustments for items unpaid by seller
Adjustments for items unpaid by seller
210.City/town taxes to
510.Ci /town taxes to
211. Coun1y taxes 1/1/2013 to 5/29/2013
27,51
511. County taxes /2013 to 5/29/2013
27, 1
212. Assessments to
512. Assessments to
213. to
513 to
214. to
514. to
215. to
515. to
216. to
516. to
217. to
517. to
218. to
518. to
219. to
519. to
220.TOTALAMOUNTS PAID
BY OR IN BEHALF OF BORROWER
10,027.51
520. TOTAL REDUCTIONS IN
AMOUNT DUE SELLER '
23,047.51
300. CASH AT SETTLEMENT FROM/TO BORROWER
600. CASH AT SETTLEMENT TO /FROM SELLER
301. Gross amount due from borrower line 120
300 018.50
601.Gross amount due to seller line 420
300,000-00
302.Less amounts paid by/for borrower line 220
10 027.51
602.Less reductions in amount due seller line 520
23 047.51
303.CASH ® From ❑ To BORROWER '
289,990.99
603.CASH ® To ❑ From SELLER '
276,952.49
PAGE I HUU -1 (-1-50) 1Czorfi, no +.3Vj.4
02004 Display Systems, Inc. (863) 763 -5555 -Laser Generated
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SETTLEMENT STATEMENT
PAGE 2
L. Settlement Charges
700. TOTAL SALES /BROKER'S COM, based on price
300,000.00 6.00
%= = 18 000 0
Paid From
Borrower's
Funds At
Settlement
Paid From
Seller's
Funds At
Settlement
Division of Commission line 00 as follows:
0 to
702. to
703. Commission paid at Settlement
18,000.00
704. Processing fee
to Re/Max Crown
250.00
800. Items Payable In Connection With Loan
801 Loan Origination Fee ° o
to
802. Loan Discount %
to
803, Appraisal Fee
to
804, Credit Report
to
805, Lender's Inspection
to
806. Mortgage Insurance Application Fee
to
to
808,
to
to
to
811,
to
812,
to
13.
to
to
815.
to
900. Items Required By Lender To Be Paid In Advance
901. Interest from 5/29/2013 to 6/1/2013
/day
902. Mortgage Insurance Premium for months to
903. Hazard Insurance Premium for years
to
04 ears
to
905. years
to
1000. Reserves Deposited With Lender
Hazard insurance
months@
per
1002. Mortgage insurance
months@
per month
1003 City roe taxes
months@
per month
1004. County propeity taxes
months@
per month
1005. Annual assessments
months@
per month
1006.
months@
12er month
100.
months@
per month
1008.
months
per month
1009.
1100. Title Charges
1101. Settlement or closina fee
to Professional Title/Land America
400.00
1102 Abstract or title e c
to
1103. Title examination
to
1104, Title insurance binder
to
1105. Document preparation
to
1106. NotaEy fees
to
110. Attorney's fees
to
includes above items numbers:
1108 Title in uranc
to
1 75.00
includes above items numbers:
1109. Lender's coverage: Risk Premium
INS AMT:r
1110. Owner's coverage: Risk Premium 1,575.00
INS AMT: 300,000.00
'
1110a
1111
to
1112.
to
1113.
to
1200. Government Recording and Transfer Charges
1201, Recording Fees: Deed 8 • L- o e
;S-Mortgage(s) ;Release
1
1202. Cit /count tax/stam s: Deed • .L-Mortgage(s) S -Mort a e s
1203. State tax/stam s: Deed $2.100.00 L -Mort a e s • S -Mort a e s
2,100.00
1204.
1205.
1300. Additional Settlement Charges
1301. Survey
to
1302 Pest Ins ect•on
to
1303. Roof Inspection
to
3 04. Atto=5' s Fee
to e McHugh,
1305.
to
1306
to
1307,
to
1308.
to
1309.
to
1400. Total Settlement Charges (enter on lines 103, Section J and 502, SectionK)
18.50
23,020.00
I;LK11F1UA11v1V L„ir-. XiVIZU1.5
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
made on my account or by me in this transaction. I further certify that I have received a copy of the HUD - 1 Settlement Statement.
Borrower
Channian Herd Rallis
c
Borrower
Seller
Seller
/L-1 a4 o
The HUD -1 Settle dent Staternerit which I have prepared is a true and accurate account of this transaction. I have caused the funds to be disbursed in accord-
ance with this statement. PROFESSIONAL TITLE OF INDIAN RIVER, INC.
Settlement Agent 5 /29/2013 Date
WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a
fine and imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010. 43782
6�Imon' a h- J.- SCHEDULE A
i1NDTITLE..iNS1IpAN2E.COFPAkf
Name and address of Title Insurance Company:
Commonwealth Land Title insurance Company, P.O. Box 45023, Jacksonville, Florida 32232 -5023
File No.: 43782
1. Effective Date: 04/14/13 M. Premium: $
2. Policy or Policies to be issued: Proposed Amount of Insurance:
a. OWNER'S: ALTA Owner's Policy (6/17/06). (With Florida Modifications)
Proposed Insured: $ 300,000.00
City of Sebastian, a corporation existing under the laws of the State of Florida
b. MORTGAGEE:ALTA Loan Policy (6/17/06). (With Florida Modifications)
Proposed Insured: $
, its successors and /or assigns, as their interests may appear.
3. The estate or interest in the land described or referred to in this Commitment is: Fee Simple
4. Title to the Fee Simple estate or interest in the land is at the Effective Date vested in:
Charmian Herd Rallis
5. The land referred to in this Commitment is described as follows:
Begin at the Northeasterly Fleming Grant line in Section 30 of
Fleming Grant at a concrete monument marking the boundary between
Lots 25 and 26 of Wauregan, for point of beginning; thence run
Southwesterly along the boundary between Lots 25 and 26 of Wauregan
322.38 feet to the Easterly right -of -way of U.S. Highway No. 1 (120
foot highway width); thence run Northwesterly along the Easterly
See Continuation Sheet
PROFESSIONAL TITLE OF
INDIAN RIVER, INC.
1546 N. US HIGHWAY #1
SEBASTI FL 32958
Countersigned:
BY:
Authorized Officer or A t
TH TEI E NUMBER TO PRESENT INQUIRIES OR OBTAIN INFORMATION ABOUT COVERAGE
AND TO PROVIDE ASSISTANCE IS 1- 800 - 669 -7450
27C10109
ALTA Commitment (6(17/06)
(with Florida Modifications)
(03/11 DisplaySoft27- WIN- I- FL- CschA -06)
+C+�rnr�nonwealt'n
IAHDTdTi.E.1N51(fIANCE C014VAi:Y
File No.: 43782
CONTINUATION SHEET
(SCHEDULE A -5 CONTINUED)
right of way of U.S. Highway No. 1 a distance of 200 feet; thence run
Northeasterly on a line parallel to the side lot line between Lots 25
and 26 of Wauregan a distance of 298.9 feet, more or less, to the
Fleming Grant Line; thence run Southeasterly along the Northeasterly
side of said Lot 25 to the Point of Beginning. All in Wauregan,
Fleming Grant, according to the map or plat thereof, filed in the
Office of the Clerk of the Circuit Court of Brevard County, Florida,
in Plat Book 1, page 75; and re -filed in the Office of the Clerk of
the Circuit Court of St. Lucie County, Florida, in Plat Book 1, pages
178 and 179; said land now lying and being in Indian River County,
Florida, being in Section 30, Fleming Grant.
CS (04111 DisplaySoft 27- WIN- FL- CSCHACON-06)
m
.. jAH0T1'f1.E lrl$tIRANCE COryortix
SCHEDULE B - SECTION I
REQUIREMENTS
Filc No.: 43782
1. Payment to or for the account of the grantors or mortgagors of the full
consideration for the estate or interest to be insured.
2. Instrument(s) creating the estate or interest to be insured must be properly
executed, delivered and filed for record:
3. Warranty Deed from Charmian Herd Rallis to City of Sebastian.
NOTE: If the party or parties in title are individuals, and the property is
homestead property, the spouse of said party must join in the execution of the
Deed. If individuals are unmarried, then indicate this on the Deed. If not
homestead, then a statement to that effect must be reflected on the Deed.
4. Proof of payment of any outstanding assessments in favor of Indian River
County, Florida, any special taxing district and any municipality. NOTE: If
this requirement is not satisfied the following exception will appear on
Schedule B:
Any outstanding assessments in favor of Indian River County, Florida, any
special taxing district and any municipality.
5. Proof of payment of service charges for water, sewer, waste and gas, if any,
through the date of closing. NOTE: If this requirement is not met the
following exception will appear on Schedule B:
Any lien provided for by Florida Statutes in favor of any city, town, village or
port authority for unpaid service charges for service by any water, sewer, waste
or gas system supplying the insured land or service facilities.
NOTE: 2012 Real Property Taxes in the gross amount of $67.84 are Paid, under
Tax I.D. No. 30- 38- 21- 00001- 0000 - 00025/1.
NOTE: No open mortgage(s) were found of record.
81CIO109
ALTA Commitment (6/17/06)
(with Florida Modifications)
(02111 Displayso027- WIN- I- FL- CmtBIBQ; -06)
ta+
r0c6him- ( �1'i1JIC��lt� :IaNV'71.2i1i.:.1ti5i1R / ifiCE COkih14R'!
SCHEDULE B - SECTION II
EXCEPTIONS
File No.: 43782
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. Taxes and assessments for the year 2013 and subsequent years, which are not yet
due and payable.
3. Standard Exceptions:
a. Easements, claims of easements, boundary line disputes, overlaps,
encroachments or other matters not shown by the public records which would be
disclosed by an accurate survey of the Land.
b. Rights or claims of parties in possession not shown by the public records.
c. Any lien, or right to a lien, for services, labor, or materials heretofore or
hereafter furnished, imposed by law and not shown by the public records.
d. Taxes or assessments which are not shown as existing liens in the public
records.
4. Any claim that any portion of the insured land is sovereign lands of the State
of Florida, including submerged, filled or artificially exposed lands accreted
to such land.
5. Any lien provided by County Ordinance or 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.
NOTE: The Company reserves the right to make further requirements and /or
exceptions upon its review of . the proposed documents creating the estate or
interest to be insured or otherwise ascertaining details of the transaction.
NOTES ON STANDARD EXCEPTIONS:
Item 3A will be deleted from the policy(ies) upon receipt of an accurate survey
of the Land acceptable to the Company. Exception will be made for any
encroachment, setback line violation, overlap, boundary line dispute or other
See Continuation Sheet
atc1o109
ALTA Commitment (6/17/06)
(with Florida Modifications)
(02/11 DisplaySoR 27- WIN- F- FLCnAB2B1k -06)
CONTINUATIONSHEET
(SCHEDULE B -II CONTINUED)
File No.: 43782
adverse matter disclosed by the survey.
Items 3B, 3C, and 3D will be deleted from the policy(ies) upon receipt of an
affidavit - indemnity acceptable to the Company, affirming that, except as
disclosed therein (i) no parties in possession of the Land exist other than the
record owner(s); (ii) no improvements have been made to the Land within 90 days
prior to closing which have not have been paid for in full; and (iii) no unpaid
taxes or assessments are against the Land which are not shown as existing liens
in the public records. Exception will be made for matters disclosed in the
affidavit - indemnity.
b. Resolution No. 2000 -150 recorded in Official Records Book 1372, Page 420.
7. NOTE: All recording references in this commitment /policy shall refer to the
public records of Indian River County, Florida, unless otherwise noted.
(02111 D41aysoa 27- wrx- 1- FL•Cuds01c -0e)
Parcel # 30- 38 -21- 00001 - 0000- 00025.0
Acquired from: Charmian Herd Rallis
Public Purpose: City of Sebastian Municipal Cemetery
Location: 12900 US Highway 1
RESOLUTION NO. 2013-.L58
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,
govemmentai 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. 2013- 058
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 acquired for public use as a municipal cemetery 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 2676 at Page 571, Public
Records of Indian River County, Florida,
The resolution was moved for adoption by Commissioner Davis , and
the motion was seconded by Commissioner Flescher , and, upon being put to
a vote, the vote was as follows:
Joseph E. Flescher, Chairman
Aye
Wesley S. Davis, Vice Chairman
Aye
Commissioner Tim Zorc
Aye
Commissioner Peter D. O'Bryan
Aye
Commissioner Bob Solari
Aye
04
RESOLUTION NO. 2013 058
The Chairman thereupon declared the resolution duly passed and
adopted this 2nd day of July , 2013.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
ATTEST: Jeffrey R. Smith, Clerk
of Court d Comptr er I ;'e" oe
By:
Deputy C erk
Tax Certificates Outstanding
Current Prorated Tax Received and
Deposited with Tax Collector $
APPROVED AS TO FORM
AN. CY
BY _,_ __,.__....
WILLIAM K, DEBRAAL
[)F,I'IJ'TY COUNTY ATTORNEY
ph E. FI char, hairman =
3
yes --V/no