HomeMy WebLinkAbout2007 Boudrot, Bettina 3b 5
4-, n box 17
This instrument prepared by:
KEVIN S. DOTY, ESQUIRE
Hatch & Doty, P.A.
1701 A -1 -A, Suite 220
Vero Beach, Fl 32963
Property Appraiser's
Parcel Identification Number:
31- 39 -06- 00003 - 0030 - 00002/0
1812857
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK: 2123 PG:394, Pagel of 2
01/12/2007 at 08:43 AM,
D DO( ITAX PD $2765.00
JEFFREY K BARTON, CLERK OF
COURT
WARRANTY DEED (Statutory Form - Section 689.02, F.S.)
THIS INDENTURE, made this 8 day of January, 2007, BETWEEN Bettina Boudrot, an
unmarried woman, of the County of Indian River, whose post office address is: 130612th Street, #B,
Vero Beach, Florida 32960, grantor *, and City of Sebastian, a Florida municipal corporation,
whose post office address is 1225 Main Street, Sebastian, Florida 32958 , grantee *,
WITNESSETH that said grantor, for and in consideration of the sum of Ten ($10.00) Dollars, and other
good and valuable consideration, the receipt whereof is hereby acknowledged, has granted, bargained,
and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate, lying and being in Indian River County, Florida, to -wit:
See Exhibit "A" attached hereto and made a part hereof
SUBJECT TO: (1) TAXES FOR 2007 AND SUBSEQUENT YEARS; (2) ZONING AND /OR
RESTRICTIONS AND PROHIBITIONS IMPOSED BY GOVERNMENTAL AUTHORITY AND
(3) RESTRICTIONS, EASEMENTS AND OTHER MATTERS APPEARING ON THE PLAT
AND /OR COMMON TO THE SUBDIVISION
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;
and said grantor does hereby fully warrant 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.
* "Grantor" and "grantee" are used for singular or plural, as context requires.
IN WITNESS WHEREOF, grantor has hereunto set grantor's hand and seal the day and year first above
written.
Signed, sealed and delivered
in our presence:
Witness Name: I'v'an e e s A.,,% IJeldo)
lv�e
Witness Name: are e� �,\o Vze r
STATE OF Florida
COUNTY OF Indian River
BETTINA BOUDROT
The foregoing instrument was acknowledged before me this January S , 2007, by Bettina Boudrot, an unmarried
woman.. _ 1
NOTARY PUBLIC
Personally known VIOR Produced Identification Tvye of Identification Produced: Driver's License(s)
>�`` �Y P`i Frances Ann Nelson
t..
Boudrot.wD Commission#DD289813
Expires: Mar 12, 2008
Bonded Thru
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'" Atlantic Bonding Co., I=.
Exhibit "A"
PARCEL 1
Lots 3 and 4, less the North 42 feet of Lot 4, Block 3, HARDEES SUBDIVISION B, according to the Plat thereof
as recorded in Plat Book 4, page 74, Public Records of St. Lucie County, Florida; now lying and being in Indian
River County, Florida, and less and except those portions conveyed to the City of Sebastian in O.R. Book 936,
page 2133 and O.R. Book 1946, page 766, Public Records of Indian River County, Florida.
PARCEL 2:
The South 5 feet of the North 72 feet of Lot 2, Block 3, HARDEES SUBDIVISION B, according to the Plat thereof
as recorded in Plat Book 4, page 74, Public Records of St. Lucie County, Florida, said land now lying and being in
Indian River County, Florida..
AND
The South 30 feet of the North 65 feet of Lot 2, Block 3, HARDEES SUBDIVISION B, according to the Plat thereof
as recorded in Plat Book 4, page 74, Public Records of St. Lucie County, Florida; said land now lying and being in
Indian River County, Florida.
AND
The North 35 feet of Lot 2, Block 3, HARDEES SUBDIVISION B, according to the Plat thereof as recorded in Plat
Book 4, page 74, Public Records of St. Lucie County, Florida; said land now lying and being in Indian River
County, Florida.
AND
A parcel of land being the North 2.00 feet of the South 23.5 feet of Lot 2, Block 3, HARDEES SUBDIVISION B,
according to the Plat thereof as recorded in Plat Book 4, page 74, Public Records of St. Lucie County, Florida;
said land now lying and being in Indian River County, Florida, being more particularly described as follows:
Beginning at the intersection of the East right of way line of Indian River Drive (60 foot right of way) and the North
line of the South 23.5 feet of Lot 2, proceed South 87 °36'23" East along said North line a distance of 47.69 feet to
a point on the safe upland line (S.U.L.) on the West bank of the Indian River (S.U.L. elevation 0.9 N.C.V.D.,
located on 7/12/88); thence South 11 °52'05" East along the S.U.L. a distance of 2.06 feet to a point being 2.00
feet South of the North line of the South 23.5 feet of Lot 2 when measured perpendicular; thence North 87 °36'23"
West along a line 2.00 feet South of and parallel to said North line of the South 23.5 feet of Lot 2 a distance of
68.10 feet to a point on the East right of way line of Indian River Drive; thence North 00 °26'42" West along said
East right of way line a distance of 2.00 feet to the Point of Beginning.
OWNER'S POLICY OF TITLE INSURANCE
Issued by Lawyers Title Insurance Corporation
Q POLICY NUMBER
MLandAmerica Lawyers Title Insurance Corporation is a member of the A i0 1— 0 2 1 S 3 1 2
Lawyers Title LandAmerica family of title insurance underwriters.
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS AND STIPULATIONS, LAWYERS TITLE INSURANCE CORPORATION, a Virginia 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:
1. 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 also will 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, LAWYERS TITLE INSURANCE CORPORATION 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.
LAWYERS TITLE INSURANCE CORPORATION
Attest: : o , By:
�i,
19 2 s ,•`rte,'
Secretary ��� President
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 improvement 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 effect of any violation of these
laws, ordinances or governmental regulations, 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.
ALTA Owner's Policy (10/17/92) with Florida Modifications
Form 1190 -78 ORIGINAL Valid only if 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.
(f) "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 1(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 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 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.
continued on next page of cover
CONDITIONS AND STIPULATIONS - Continued
(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 the 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.
DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
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) (This paragraph dealing with Coinsurance was removed from
Florida policies.)
(c) 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 amounts 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.
The Company shall be subrogated to and be entitled to all rights and
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 necessary 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, notwithstanding
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, and
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.
Form B 1190 -78
OWNER'S POLICY OF
TITLE INSURANCE
(with Florida modifications)
American Land Title Association (10117192)
Issued by
Lawyers Title
Insurance Corporation
Lawyers Title Insurance Corporation
is a member of the LandAmerica family of title insurance
underwriters.
® LandAmerica
Lawyers Title
L America Financial Group, Inc.
Gateway Centre Parkway
mond, Virginia 23235 -5153
.landam.com
NI
THANK YOU.
Title insurance provides for the protection of your
real estate investment. We suggest you keep this
policy in a safe place where it can be readily
available for future reference.
If you have questions about title insurance or the
coverage provided by this policy, contact the
office that issued this policy, or you may call or
write:
Lawyers Title Insurance Corporation
Consumer Affairs
P.O. Box 27567
Richmond, Virginia 23261 -7567
telephone, toll free: 800 446 -7086
web: www.landam.com
We thank you for choosing to do business with
Lawyers Title Insurance Corporation, and look
forward to meeting your future title insurance needs.
Lawyers Title Insurance Corporation
is a member of the LandAmerica family of title insurance
underwriters.
W
LandAmerica
Lawyers Title
L:
Policy A81- 0215372 [ALTA Owners 19921
Policy of Title Insurance
Lawyers Title Insurance Corporation
Schedule A
Order Number: 20449723LA
Amount of Insurance: $395,000.00
Page 1 of 3
Policy Number: A81- 0215372
Reference Number: Boudrot Sebastian
Date of Policy: The date shown below or the date of recording of the instruments referred to in Item 3, whichever
is the later.
January 12, 2007 @ 8:43 AM
1. Name of Insured
City of Sebastian, a Florida municipal corporation by virtue of instrument recorded in O.R. Book 2123,
Page 394 of the Public Records of Indian River County, Florida
2. The estate or interest in the land described herein and which is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
City of Sebastian, a political subdivision of the State of Florida
4. The Land referred to in this policy is described as follows:
(See attached Exhibit A for legal description)
Hatch &,0oty, P.A.
1701 A1A, Suite 220
Vero Beach, FL 32963
This policy is invalid unless a cover sheet and Schedule B are attached.
http:// cflorida. titlewave.net /TSRPoIicyPreview. asp ?DocNum = 2123673 &FolderNum = 3694... 1/23/2007
Policy A81- 0215372 [ALTA Owners 1992]
Exhibit A
PARCEL 1:
Page 2 of 3
Policy Number: A81- 0215372
Lots 3 and 4, less the North 42 feet of Lot 4, Block 3, HARDEES SUBDIVISION B, according to the Plat thereof
as recorded in Plat Book 4, page 74, Public Records of St. Lucie County, Florida; now lying and being in Indian
River County, Florida, and less and except those portions conveyed to the City of Sebastian in O.R. Book 936,
page 2133 and O.R. Book 1946, page 766, Public Records of Indian River County, Florida.
PARCEL2
The South 5 feet of the North 72 feet of Lot 2, Block 3, HARDEES SUBDIVISION B, according to the Plat thereof
as recorded in Plat Book 4, page 74, Public Records of St. Lucie County, Florida, said land now lying and being in
Indian River County, Florida.
AND
The South 30 feet of the North 65 feet of Lot 2, Block 3, HARDEES SUBDIVISION B, according to the Plat thereof
as recorded in Plat Book 4, page 74, Public Records of St. Lucie County, Florida; said land now lying and being in
Indian River County, Florida.
AND
The North 35 feet of Lot 2, Block 3, HARDEES SUBDIVISION B, according to the Plat thereof as recorded in Plat
Book 4, page 74, Public Records of St. Lucie County, Florida; said land now lying and being in Indian River
County, Florida.
P0-
A parcel of land being the North 2.00 feet of the South 23.5 feet of Lot 2, Block 3, HARDEES SUBDIVISION B,
according to the Plat thereof as recorded in Plat Book 4, page 74, Public Records of St. Lucie County, Florida;
said land now lying and being in Indian River County, Florida, being more particularly described as follows:
Beginning at the intersection of the East right of way line of Indian River Drive (60 foot right of way) and the North
line of the South 23.5 feet of Lot 2, proceed South 87 °36'23" East along said North line a distance of 47.69 feet to
a point on the safe upland line (S.U.L.) on the West bank of the Indian River (S.U.L. elevation 0.9 N.C.V.D.,
located on 7/12/88); thence South 11 °52'05" East along the S.U.L. a distance of 2.06 feet to a point being 2.00
feet South of the North line of the South 23.5 feet of Lot 2 when measured perpendicular; thence North 87 °36'23"
West along a line 2.00 feet South of and parallel to said North line of the South 23.5 feet of Lot 2 a distance of
68.10 feet to a point on the East right of way line of Indian River Drive; thence North 00 °26'42" West along said
East right of way line a distance of 2.00 feet to the Point of Beginning.
http: / /cflorida.titlewave. net /TSRPolicyPreview.asp ?DocNum= 2123673 &FolderNum= 3694... 1/23/2007
Policy A81- 0215372 [ALTA Owners 1992] Page 3 of 3
Schedule B
Policy Number: A81- 0215372
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or
expenses) which arise by reason of:
1. Taxes and assessments for the year 2007 and subsequent years.
2. Easements or claims of easements not shown by the Public Records, boundary line disputes, overlaps,
encroachments, and any matters not of record which would be disclosed by an accurate survey and
inspection of the premises.
3. Terms and conditions contained in License For Use of County Right of Way as recorded in Official Records
Book 934, page 877.
4. Notwithstanding the legal description in Schedule A, this policy does not insure against rights of the State
of Florida based on the doctrine of the state's sovereign ownership of lands lying below the mean high
water line of any navigable or tidally influenced waters.
5. The nature, extent or existence of riparian rights are not insured.
6. Any land described in Schedule A which is artificially filled land in what was formerly navigable waters, is
subject to the rights of the United States government, arising by said government's control over navigable
waters involving navigation and commerce.
NOTE: All recording references in this commitment /policy shall refer 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
the Lawyers Title Insurance Corporation Regional Office, 201 South Orange Avenue, Suite 1350, Orlando, FL
32801 Telephone 407 - 481 -8181.
http:// ctlorida. titlewave.iietITSRPolicyPreview. asp ?DocNum = 2123673 &FolderNum = 3694... 1/23/2007
OFFICE Of THE CITY ATTORAEY
seAtd&", 57
To: Sally Maio, City Clerk
From: Rich Stringer, City Attorney
Date: February 6, 2007
Re: Boudrot land purchase; recorded documents
Enclosed are the recorded documents and title policy from the purchase of the Boudrot
property adjacent to the Main Street boat ramp.
This concludes the land acquisition aspect of this CRA project.
Cc: City Manager (memo only)
LAW OFFICES OF
Hatch & Doty, P.A.
Mailing Address: P. O. Box 643760
Vero Beach, Florida 32964 -3760
Ira C. Hatch, Jr., Esq.
Also admitted in NV and Washington, D.C.
Kevin S. Doty, Esq.
Ryan D. Nelson, Esq.
Rich Stringer, Esquire
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Dear Rich:
January 23, 2007
1701 Highway A-1 -A
Suite 220
Vero Beach, Fl 32963 -2206
Telephone: (772) 234 -4711
Facsimile: (772) 234 -3195
E m a il: ihatchnh atlaw.co m
R - CEI�.TEI�
JAN 2' ,9 2007
I'
�Y:
RE: BOUDROT SALE TO SEBASTIAN
We enclose the following documents in connection with the above captioned transaction:
1. Warranty Deed, recorded in O.R. Book 2123, Page 394 of the Public Records of Indian River
County, Florida.
2. Corrective Deed, recorded in O.R. Book 2123, Page 392
3. Owner's Title Policy A81- 0215372
Your documentation in this matter should now be complete.
Very truly yours,
Kevin �S.Doty
For the Firm
/fan
Encls
from Bettina Boudrot to City of Sebastian
for public use (parking; park; re- aligning road —
contiguous to public boat ramp)
PE)
RESOLUTION NO. 2007- 160
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. 2007 - 160
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 (contiguous to the public boat ramp), which were purchased for
public use for parking, park purposes and re- alignment of the road from Bettina
Boudrot, an unmarried woman, 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 2123 at Page 394, Public
Records of Indian River County, Florida.
The resolution was moved for adoption by Commissioner Davis , and
the motion was seconded by Commissioner F1 P�rhPr , and, upon being put to a
vote, the vote was as follows:
Sandra L. Bowden, Chairman
Aye
Wesley S. Davis, Vice Chairman
Aye
Joseph E. Flescher, Commissioner
Aye
Gary C. Wheeler, Commissioner Aye
Peter D. O'Bryan, Commissioner Aye
2
RESOLUTION NO. 2007-160
The Chairman thereupon declared the resolution duly passed and adopted
this 4th day of December , 2007.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY FFWRIDA -
n.
ATTEST: Jeffrey K. Barton, Clerk
�-
Deputy Clerk
APPROVED AS TO FORM
AND LEGAL SVIFFICIENCY
BY
WILLIAM G. COLLINS R
00UNTY ATTORNEY
L.@B'owden, Chairman
3
1812857 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN
RIVER CO FL, BK: 2123 PG: 394, 01/12/2007 08:43 AM DOC STAMPS D $2765.00
b 5 -21 r, 5.
�eiv.n 500.1 -7
This instrument prepared by:
KEVIN S. DOTY, ESQUIRE
Hatch & Doty, P.A.
1701 A -1 -A, Suite 220
Vero Beach, FI 32963
Property Appraiser's
Parcel Identification Number:
31- 39 -06- 00003 - 0030 - 00002/0
WARRANTY DEED (Statutory Form - Section 689.02, F.S.)
THIS INDENTURE, made this 8 day of January, 2007, BETWEEN Bettina Boudrot, an
unma- r- ried- w- oma.n,-o- f -tbe- County- af- l.nd.ian -Rives- whosepostoff. ce_address_isAM- 6A2thBtregt,.#$
Vero Beach, Florida 32960, grantor *, and City of Sebastian, a Florida municipal corporation,
whose post office address is 1225 Main Street, Sebastian, Florida 32958 , grantee *, --
WITNESSETH that said grantor, for and inconsideration of the sum of Ten ($10.00) Dollars, and other
good and valuable consideration, the receipt whereof is hereby acknowledged, has granted, bargained,
and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate, lying and being in Indian River County, Florida, to -wit:
See Exhibit "A" attached hereto and made a part hereof
SUBJECT TO: (1) TAXES FOR 2007 AND SUBSEQUENT YEARS; (2) ZONING AND /OR
RESTRICTIONS AND PROHIBITIONS IMPOSED BY GOVERNMENTAL AUTHORITY AND
(3) RESTRICTIONS, EASEMENTS AND OTHER MATTERS APPEARING ON THE PLAT
AND /OR COMMON TO THE SUBDIVISION
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;
and said grantor does hereby fully warrant 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.
* "Grantor" and "grantee" are used for singular or plural, as context requires.
IN WITNESS WHEREOF, grantor has hereunto set grantor's hand and seal the day and year first above
written.
Signed, sealed and delivered
in our presence:
D
Witness Name: Fr-- Ann IJelaon
&aXAA W41-
Witness Name: nee �` Vor
STATE OF Florida
COUNTY OF Indian River
BETTINA BOUDROT
The foregoing instrument was acknowledged before me this January 8, 2007, by Bettina Boudrot, an unmarried
woman..
NOTARY PUBLIC
_Personally known _ZOR Produced Identification Type of Identification Produced: Driver's License(s)
"�Y"' Frances Ann Nelson
Boudrot.WD �+= Commission#DD289813
a• Expires, Mar 12, 2008
Booed Thcu
""' Atlantic Bonding Co., lac.
BK: 2123 PG: 395
Exhibit "A"
PARCEL 1:
Lots 3 and 4, less the North 42 feet of Lot 4, Block 3, HARDEES SUBDIVISION B, according to the Plat thereof
as recorded in Plat Book 4, page 74, Public Records of St. Lucie County, Florida; now lying and being in Indian
River County, Florida, and less and except those portions conveyed to the City of Sebastian in O.R. Book 936,
page 2133 and O.R. Book 1946, page 766, Public Records of Indian River County, Florida.
PARCEL 2:
The South 5 feet of the North 72 feet of Lot 2; Block 3, HARDEES SUBDIVISION B, according to the Plat thereof
as recorded in Plat Book 4, page 74, Public Records of St. Lucie County, Florida, said land now lying and being in
AND
The South 30 feet of the North 65 feet of Lot 2, Block 3, HARDEES SUBDIVISION B, according to the Plat thereof
as recorded in Plat Book 4, page 74, Public Records of St. Lucie County, Florida; said land now lying and being in
Indian River County, Florida.
AND
The North 35 feet of Lot 2, Block 3, HARDEES SUBDIVISION B, according to the Plat thereof as recorded in Plat
Book 4, page 74, Public Records of St. Lucie County, Florida; said land now lying and being in Indian River
County, Florida.
AND
A parcel of land being the North 2.00 feet of the South 23.5 feet of Lot 2, Block 3, HARDEES SUBDIVISION B,
according to the Plat thereof as recorded in Plat Book 4, page 74, Public Records of St. Lucie County, Florida;
said land now lying and being in Indian River County, Florida, being more particularly described as follows:
Beginning at the intersection of the East right of way line of Indian River Drive (60 foot right of way) and the North
line of the South 23.5 feet of Lot 2, proceed South 87 °36'23" East along said North line a distance of 47.69 feet to
a point on the safe upland line (S.U.L.) on the West bank of the Indian River (S.U.L. elevation 0.9 N.C.V.D.,
located on 7/12/88); thence South 11 °52'05" East along the S.U.L. a distance of 2.06 feet to a point being 2.00
feet South of the North line of the South 23.5 feet of Lot 2 when measured perpendicular; thence North 87 °36'23"
West along a line 2.00 feet South of and parallel to said North line of the South 23.5 feet of Lot 2 a distance of
68.10 feet to a point on the East right of way line of Indian River Drive; thence North 00 °26'42" West along said
East right of way line a distance of 2.00 feet to the Point of Beginning.
0