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Home My WebLink About2007 Title CommitmentDEC.11.2006 3:11PN COASTAL TITLE NO.747 P.1 HATCH & DOTY, P,A. Post Office Box 643760 VOW MACH, FL 32964- 3 760 PHONE (772) 234 4711 FAX (772) 234 -3195 "L R CDVE R SHE E T (GATE: Demember 11, 2006 NUMBER OF PAGES INCLUDING COVER SHEET: 12 To: Al Minner, City Manager PAX: 5810149 FROM: Kevin S. Doty, Esquire, of HATCH & DOTY, P.A. E -Mail: fnelsontbcoastaltitie.com 1701 A -1 -A, Suite 220, Vero Beach, FL 32963 Re: Saudrot Sale to C"rty of Seba.Stian We have completed our examination of title and enclose a copy of the Title Commitment, which outlines our requirements of closing. You will note there is a cloud on a transaction between boudrot and City of Sebastian in 2003, which needs to be cleaned up prior to our closing scheduled for on or before January 9th, 2007, Copies attached. Did you want us to prepare the required corrective deed between City of Sebastian to Boudrot to correct the fegai description, or will your attorney prepare this instrument? CC., City Attorney, Rich Stringer, Esquire The .uantaia*3 in hors Fs=tmila =sagagm is attorney. Privileged and Confidential information j tand&d only for the US, Of t3e ind7. i*3a1 or entity n=&d above_ if the Baader of this mesangs< is not the 9aotsndod rjpcapiamt, yaw a-& )tsxwoty AdC.cPied e*at any Ussamsaat:Lon' distribution or copy of this conmuniention is $txiCtLY 'Prob k trd. If YOU have racei,ved tAls comma*: cation im error, plan ee iMMQ&itely acute( As by telephone. Thank you DEC.11.2006 3 :11PN COASTAL TITLE Hatch & Doty, P.A. 1701 AIA, Suits 220 VOM Beavft Fl. SP963 772(ZU4711 FAX: 7721234 -3195 Lawyers Title Insurance Corporation Title Insurance Commitment Order No: 20449723LA Reference No: Boudrot Sebastian Effective Date: December 5, 2006 at 8:00 a.m. Schedule A 1. Policy or Policies to be issued: NO. 747 P.2 Page I of 4 a). ALTA Owners 1992 with Florida Modifications Proposed Insured: City of Sebastian, a Florida munlcipal corporation Amount of insurance: $395,000,00 b). ALTA Loan 1992 with Florida Modifications Proposed Insured: Amount of Insurance: $ 2. The estate or interest in the land described or referred to in this Schadule and covered herein is a Fee Simple and title thereto is at the effective date hereof vested in: Bettina Boudrot 3_ The land referred to in this Commitment is described in Exhibit "A" attached hereto and made part hereof. Countersigned: BY: Authorized OflSeer or Agent This COrrrrrritmert, re inva,14 unless the kTsuring grovisiorm and Schedules A and S are attached. littp:llcflorida.titlewave. net /TSRCommitmentView. asp ?DocNum --2123673& olderNTurn... 12/11 /2006 DEC.11.2006 3 :12PN COASTAL TITLE Order No: 20449723LA Reference No: Soudrot Sebastian Schedule B Section 1 Requirements The following are requirements to be complied with: NO. 747 P.3 Page 2 of 4 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. Instrurnent(s) creating the estate or interest to be insured must be approved, executed and filed for record. A. Warranfij Deed ftm Ret&na Rv Wrot, $ single wdult of *ned 3u3 spouse, if married to City of Sebastian, a Florida municipal corporation (wo. properapprrwWs). 3. Payment of all taxes, charges, assessments, levied and assessed against subled premises, which are due and payable. 4. Provide an affidavit by current owner, certifying that there are no liens against the insured land other than as disclosed by this commitment; that there are no outstanding or pending claims against the affiant that may constitute the basis for a lien against the insured land; that other than as disclosed by this commitment ftre are no mailers which consftte defe-^th- in 2farrts' ti tW to the Osured larrd; acrd that there are no matters existing at this date which would adversely affect the abiAty of the affiant to convey the insured land. 5. Record in the Public Records a release or satisfaction of the Mortgage In favor of Wachovia Bank, National Association in the original principal amount of $75,000.00, dated August 6, 2002 and recorded in Official Records Book f512, Page 2536 as modffled to Official Records Book 1747, page 17, B. Record in the Public Records a release or satisfaction of the Mortgage in favor of Wachovia Bank, National Association in the original principal amount of $60,900.00, dated April 26, 2004 and recorded in Official Records Book 1726, Page 710. 7. Corrective peed from Bettina Boudrot, an unmarried woman to City of Sebastian, a Florida municipal corporation, satisfactory to the Company. Said Corrective Deed is necessary to correct that certain Deed recorded in Official Records Book 1%48, Page 766 wherein wherein said legal description left off Block 3. 8. Corrective peed from City of Sebastian, a Florida municipal corporation to Betttina Boudrot, an unmarried woman, satisfactory to the Company, Said Corrective Deed is necessary to correct that certain peed recorded in Official Records Sock f846, Flags 769 wherein said fegal description failed to inofude Block 3. NOTE: 2006 Real Property Taxes in the gross amount of $915.37 are paid. Homestead Exemption: yes. Tax (.0. 31- 33- 06- c3dd43- CFO30 -0OtStTlfO. hnp:// cflorida. titlewave.netPTSRCommitmentView. asp ?boeNum- 2123673&Fo1derNum... 12/11/2006 DEC.11.2006 3 :12PM COASTAL TITLE Order No: 204497231,A Reference No; Boudrot Sebastian Schedule B Section 2 Exceptions NO. 747 P.4 Page 3 of 4 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the aaVsfk-6,6n of fire Gorrrppary. 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 acquees for value of record the estate or fmter+est ar mortgage thereon covered by this Commitment. 2. Taxes and assessments for the year 2007 and subsequent years. 3. 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 6Tspec6iTY of the premises. 4. Rights of parties in possession, other than the record owner. 5. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter famished, imposed by law and not shown by the public Records. 6. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer or gas system supplying the insured land_ 7. Terms and conditions contained in License For Use of County Right of Way as recorded in Official Records Book S34, page 877. 8. Notwithstanding the legal description in Schedule A, this policy does not insure against rights of the State of Rforicfa based on the doctrine of the state's sovereign ownership of lands lying below the mean high water dine 01 amy nargrigable"tidalYy'mfluenced waters. 9. The nature, extent or existence of riparian rights are not insured. 10, Any land described in Schedule A which is artificially filled land in what was formerly navigable waters, is subject to the rights at the United States government, arising by said government's control over navigable waters invdtM. 9 naingation amd commerce_ NOTE: All recording references in this commitmentipolicy shalt 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 preserrt inqu'Mes, obtain information about coverage, or receive assistance in resolving complaints, by contacting the Rnional DMiiee, )01 S418,M Ora %%-, AmTue, Sejli* 13&Z Oriarntls, FL 32601 TmVphone 407 -461 -8161. http: / /cflori& titJ ewavc. bri/ TSRCt )mrn+lmentVkw.asp ?11?oaIIum- 22367 FolderNTUM,., 12111/`0+06 DEC.11.2006 3 :13PM COASTAL TITLE N0.747 P.S Page 4 of4 Order No: 20449723LA Reference No: Boudrot Sebastian Exhibit "A" PARCEL 1: Lots 3 and 4, Joss "North 42 fee W Lot 4, Block.? HARES SLI SDIWS,ION &, a000r6,?g to i&° Plat th'omf 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 CoLwftt, Florida. AND The South 30 feet of the North 65 feet of tot 2. Block 3, HARDEES SUBDIVISION 13, according to the Plat thereof as recorded in Plat Book 4, page T4, Pub5c Records of St. Lucie County, Florida; said land now lying and being in tndim River County, Florida. AND The North 35 feet of Lot 2, Block 3, HARDEES SUBDIVISION B, aocording to the Flat 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, F Rich. AND A parcel of land being the North 2.00 feet of the South 23.5 feet of Lot 2, Block 3, HARDEI =S SUBDIVISION B, according to the Plat thereof as recorded In Plat Book 4, page 74, Public Records of St, Lucie County, Florida; ssv45 and sir lylryrq and hve rmg in W4an Riser Cotmty, Fitrrida, be'mg more partic%hatiy described as follows: Be9janing aiihe irftrsectiao of th�.East rkgW of ways line &Mdlan ,'?*er Dr*& (60 ,tbot rV?t of way) and the North line of the South 23.5 feet of Lot 2, proceed South 87 036123" 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 7/12M); thence South 11 °52'05'} East along the S,U,L. a distance of 2.06 feet to a point being 2.00 felt South of the %orth 1'me of the South 23.5 feet of Lot 2 when measured perpendicular, thence North 87 °36`23" Mrst alnng a lirrea. 00 fA& South of and perz1W .}o sold North lure 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 00126'42" Walt along said East right of way line a distance of 2.00 feet to the Point of Beginning. http:// Cflorida. titlewave.netITSRCommitmentView. asp ?DoeNum- 2123673&FolderNum... 12/11/2006 DEC.11.2006 3:13PM COASTAL TITLE COMMITMENT FOR TITLE INSURANCE issued by Lawyers Title Insurance Corporation NO. 747 P.6 LLandAmerica Lawyer rme law asscri Gorpar>stion is a nwrnbsr of ties LanetAm�ica fsm,7y aititk lnsureaioe w�detrwsiters Lawyers Title LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, for valuable consideration, hereby commits to issue Its policy or poffe es of tale insurance, as (derttifed in Sohedu(e A, in favor of Me proposed Ensured named in Sd Adule A, 86 ov"T or m dq tgee of the estate or interest covssed hereby in the land described ZR referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed insured and the amount of the policy or policies mmmitted iw have been inserted in schedule A hereof by the Company, either at the time of Vine issuance of this ComrriAment or by Subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations (mmunder shah Leases and termarabs six 6) months erfter arse affecOver state tte3reof or vvffen the policy or poricies fmmmittlyd for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company_ T. his Commitment shalt not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duty authorized officers, the Commitment to become valid when countersigned by an authorized offuaar or agpvg of tt)+ Company, LAWYERS 71TLi= INSURANCE CORPORATION l�A h Attest; ;" S -E , By; M Secretary y'� ,y ti �� Pral +dent Conditions and Stipulations 1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. 2. if the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Scheouie 6 herw..1, and 0a,t1 fait +a disckri a such Wmawledss to tiva Camp" in wrikng, the Company shall be relieved from Rabttity for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires acual knownedge oT any sudn defect, Tien, encumbrance, adverse dad n or other matter, the Company at Its c obn mayarnend SchedW -. B of thug Comm "ent a=rdirPj*, but such am &�dment shall not ralieve ihts Company from, liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be onty to the named proposed Insured and such parties included un6w the definition of Insumd in tht iorm of policy of policies t ommitted for wind only ten actuah floss in wnred in isuance hereon in under taking in good faith fa) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such Debility exceed the amount stated 7n Schedule A for the policy or policies committed for and such liability is subjwet to th& 47suHrV provisitnts and ,5�andift-w and S*ulatinmw and 11,,g ExckmL -ns from .^,overael. w of this dorm of poky or policies committed for in favor of the proposed Insured which, are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the tine to the estate or'mterest or the sUfts of Yne mortgage thereon eovsred by Vim CornWitment must be based on and are sub)e t to the pwvisiow of this Commilnwt. ALTA Comrnipnent - I W CC4W Page Form 10134 -268 ORIGINAL DEC.11.2006 3 :14PM COASTAL TITLE N0.747 1594555 RECO-RDJM -r?4 TnN RSCCLQD5 Ov JEF.F.Rj'Y X _mMT0y, CZERK CIR=IT COMT RIVER CO FL, BK� 1946 PG: 769, 10/12/2005 10:31 AM Paftrn to: Rkh Slang , City Agwoey 122J 2Mda Su-ea SelastiAr.FL 32958 P.7 • h WARRAN'1'X' DEED r #P P TM WARR&W Y' DEED, 0=10d this b m day of %ober, A.D., 2005, by the pity of Sebastian, a Florida. munidpal corporation, Cnimtor, to Behi= Boudrot, an unmarried vaomate,1302 Inbrau River Drive, $ebss , FL 32938, Gtarft-.: WrMSSETH, that the said Grantor, for and in consideration of the exc3mr se of like Arapeiness, the suffioleaey of which is adk nowlodgad by the parties, does hereby gmat Wrpm sell, aftnate, remise, retaase, convey and conf -= u= *e said Cr=tee forever, fee simple title in abet to the foil ' ^'" StaneofFlonsis, A7o�r`rg � �� m the °Ourly of Indian River, See attached Sahe" "A" `'; AND TO HOLD the in TO HAVE Ce Skopje f=ver togt*= with an sold. singular the appurt = noes than ui= be %r m =ywtse apptttahang, and Cwan ar hereby cam with Grantee that ft is � w ed of said land In fee simple, that ft !Grantor lass good right and lawful authority to sell convey said land; than the Crra sin hereby Puny warrants the title to said land $rid wM -'"4, %tend the write st the lawful c44ims of all persons wbw s4mer, and tM said land is � r fr£ all e� except tastes acaVmg � to £ centl' 1, 21.1pt, resenvettioa�ons and easen MSS of iecotti, i#'aeay.. �_t • ..era?. �'!ey ' ig.i'', aJ �W M `WJ , ?F, ti�ae 38W drranuer has signed and sated dn= pw=ts fire above writ, ,�, ,• :,• ;:. CrTYOF S1�A5 IAN�FLOR[Y]A Nuffin B. McCollum � s to form and legality for zelianW'V' the City of Sebastian only: r �' -,�cit striugar, City ti !r d� �S r , DEC.11.2006 3 :14PM COASTAL TITLE BKs 1945 p%: 77D ST& E OIr'1 LORMDA NO. 747 P.8 lea f.,r COMM OFIINMNRIM I HEREBY CERTIFY that on this dkv, before me, en �Jz9horl3ed is #w State aforessaid and is the County aforesaid to take acknowledgmeirt pawn&lly vpemed Nathan S. McCollum and Sally A. Maio, as Mayor and City Clerk .vely of Gtaator to me kwwa to be the parwn described in and who a mtted the insbna>unt and dwy winawW,ged bet-ore me that they executed the same with full autlt ty. WYTNMS my hnad and olMcud seal in the Cvxmty aAd Sta a last akreaaid this 6 °i day, of00ta&r, 2005. z,. �✓ A j� f� t� ,+ tYs;' (Aatar_v Pujtiic stwoft i" a f, `WS1, DEC.11.2006 3 :14PM COASTAL TITLE NO.747 P.9 PK.! 19 d B Pt-,, 773 Schedu* "A" Parcel to be conveyed by the City of Sebastian to Boudrot. �+ The south 5.00 feet of the north 72.00 feet of Lot 2, Hardee Subdlvi � y No. B, as retarded in Ptsf Book 4. page 74, of the Public Records of St. Lu �or unty, FkNWa. , SWd landa now tylxtg aM being im indsac, Rives Courttg, Fiorkia. lr/ ,.r r r,^ a F� !i p LM� r - ar` D �nEC.11.2006._ 3 :14PM COASTAL TITLE - NO.747 P.10 1694504 R1MCORDED IN TKE RECORDS OF JEF R Y K F"TON, irLZP -K CIRCUIT COURT Tt+1DIM PrWR CO FL, SR, 1948 PC: 766, 10/1262005 11J:31 ?" N eJ4 Correte4t {L Return to: Rlch',tinw City Au"Yopy t225"in8f we SabAmi^ FL 32958 WARRANTY DEED TIMS WA►iR N'I"Y DEED, exerutai this dtsy of October. A.D-. 2005, by ArttiM oudtol, an >a>ric:d svOMM4 Gtmtor, to I City of Sebmfti, a Florida municipal wepomdioN 1225 Main Sueet. Selztian. l-'L 329A Qrwam W11' ESWI'H, tba dw said Ormdm for tM in 0MV41cmdaft of the exchsW of Mm ptoperde`;, the %aciency ot'wbkh is aoc mwlcdpd by the pmliM dues hey tit, seta, aficnate, fcmise, deuce, aomy and Qmfm u m u the aaitl Gm "= famer, fee simple We is and W the following dm cribed lod, sti me. lyu* and being in lbs auufty of Indian Rive r, staw or Morlda, Aa wcf: See Avubw sche" "Ar TO RAVE AND TO 11OLI7► thm mne in tw3e simpic romm wo4m pith atl and s MWor the sp=tmmm Owr mto bell or in mayv4w apperftmbsg. end Grreror huft epvamr& v%dth Cx=a w that it is 1a ft'ty seized Of wd W lit tie simpir„ flat Oho OMMklr has gtrad n#A =4 Waft &Wwn ► to -41 ad amuck bald land; 6A Ihm Cxroa Wx Um-by fdiy *=wAq Ibe L av u► said Iwd =4 W01 ddwd the sams: PPIM the jwwfw uwmq Of 911 pt mw s wbornsoever„ smd t m sad Ignd is free of sU 107151 hw&v , crAFt tam pm%WnQ Bl1bom*mt to lIxt ember 31, 2004, sous, mqu icdoes and amw4m of moord. if awry. IN WITNEW WMMW, the Cn wAar big sib mM sealed *m p the da y,wO year am abaw wri[tam, ` *wd. sWad and dedv cd iu the pvsctm of m Beftim 114ut1r' f G4 _ rte GSAOIOt 13 c V'% 4'. A wr � 1 rs r a �L+. t �--i • -3 2.y C-0 DeSWpbon: 47"n Rivet;FL Doaum"-Book Fie 1946 766 Page: 9 of 3 ardnr. 204454r9 Commenr �DEC.11.2006_ :3'15PM COASTAL TITLE „_. N0.747 33K: 2944 PC : 767 FrA711 OFFLOWA Cam QVJXPf A 4 lUvlR A UXMJW CMMFY tot op *is dcS,, Wfom me. as rdii= dubr autbmPrd in the Sttc afbmmW sari m the County dotcuAd to 1ke adkgciwWpwi . pwwWly M*am4 SvW= Dedtvi. to rue kttawn tta bu {het paw despcYbed ht and who c=gftd ttre fiorWim iastnmwin and she =knuwkdSad bdore me that he mtw tW the mme whit fW[ guthixity. WrlTjj SS my Band aria oftpl sW 01 lhp C'ou* t� tw$ � a��' ahy v�'Cka�r �t�; wauaRUSro �'rmaesret euwte; � �, roe mcrp,+..udwrnakcw Notary Ori a 0escdPS0n. itmrran River, FL DacuMent -Soak. Page 4 948.766 Page- 2 of 3 Order. 2044947/ Comment: P.11 �DEC.11.2006. 3 :15PM—JCOASTAL TITLE N0.747 P. 12 M<, 1046 pr.: 768 Schgdule "A" Pmel to W conv0yed by Boudrut m the City of Sebastian: The north 5,00 meet of the south 13.00 feet ofLol 4. Mtardee SUbdWis on No. 13, as raour6W in PW BatAx 4, PaM 74. to one PuMe Rearms of W Lucia C, y, Fk ma. Said lands now lying and being in Indian River Country, Fbrida_ Dascriistion.- ImUen Riven, FL Docwment- Book, Page 1946.756 Page: 3 of 3 Older. 20449471 Cansrrernt: