HomeMy WebLinkAbout20-257 RESOLUTION NO.2020-257
A RESOLUTION ACCEPTING RIGHT-OF-WAY ALONG SUNRISE BOULEVARD
ON BEHALF OF ST.LUCIE COUNTY,FLORIDA
BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida,that:
The foregoing Warranty Deed from Dana &Sandra J Carllle is duly accepted on
behalf of St.Lucie County this 1't day of December 2020.
BOARD OF COUNTY COMMISSIONERS
ST.LUCIE COUNTY,FLORIDA
BY:_ Ci����
Chair
ATTEST:
29 7,
Deputy Clefk
(C51°F4t4Put1
APPROVED AS TO FORM AND
0� CORRECTNESS:
i
4o4An' *; BY: 1 1 /
County Attorne
C
•
Prepared by:
Charlotte Walters
St.Lucie Title Services,Inc. JOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
800 Virginia Avenue,Suite 47 FILE a 479206512/112020 09:49:42 AM
Ft.Pierce,Florida 34982 OR BOOK 4522 PAGE 1109.1112 Doc Type.DEED
RECORDING:$35.50
Doc Tax:$1120
File Number: 20425
General Warranty Deed
Made this December 7,2020 A.D.By Dana Carlile and Sandra J.Carlile,husband and wife,hereinafter called the grantor,
to St.Lucie County,a political subdivision of the State of Florida,whose post office address is: 2300 Virginia Avenue,Fort Pierce,
Florida 34982,hereinafter called the grantee:
(Whenever used herein the term'grantor"and"grantee"include all the parties to this instrument and the heirs,legal representatives and assigns of
individuals,and the successors and assigns of corporations)
Witnesseth,that the grantor,for and in consideration of the sum of Ten Dollars,($10.00)and other valuable considerations,
receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,remises,releases,conveys and confirms unto the grantee,
all that certain land situate in St.Lucie County,Florida,viz:
ONE 10.00 FEET WIDE RIGHT OF WAY DEDICATION SITUATED IN PART OF THE TROPICS REVISED,
RECORDED IN PLAT BOOK 6,PAGE 21,OF THE PUBLIC RECORDS OF ST.LUCIE COUNTY,FLORIDA.
SAID DEDICATION BEING THE WEST 10 FEET OF LOTS I THROUGH 5,BLOCK 5,THE TROPICS REVISED,
RECORDED IN PLAT BOOK 6,PAGE 21,OF THE PUBLIC RECORDS OF ST.LUCIE COUNTY,FLORIDA,BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 1,BLOCK 5 THE TROPICS REVISED,ALSO BEING THE
POINT OF BEGINNING;THENCE NORTH 00 DEGREES 26'10"WEST,A DISTANCE OF 149.25 FEET;THENCE
NORTH 03 DEGREES 29'58"WEST,A DISTANCE OF 118.07 FEET;THENCE NORTH 89 DEGREES 46'27"WEST,
A DISTANCE OF 10.00 FEET;THENCE SOUTH 03 DEGREES 29'58"EAST,A DISTANCE OF 117.78 FEET;
THENCE SOUTH 00 DEGREES 26'10"EAST,A DISTANCE OF 149.53 FEET;THENCE NORTH 89 DEGREES 39'36"
WEST,A DISTANCE OF 10.00 FEET,TO THE POINT OF BEGINNING.
Parcel ID Number:2433-801-0068-000/9
Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;that the grantor
has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will defend
the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing
subsequent to December 31,2020.
In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written.
Signed,sealed and delivered in our presence:
Ut t vt1 1
(Seal)
Dana Carlile
Witness P.red Name +�`L :i -
Lr. (Seal)
arlil
Witness Printed Maine ' Address:
State of Florida
County of St.Lucie
The foregoing instrument was acknowledged before me by means of[X]physical presence or[]online notarization,this 1441 day of
Deqembpr,20 0, y Dana gargle and Sandra J.Carlile,husband and wife,who is/are nally known to me or who has produced
1 �$�pr tee as identification.
=4:," ELIZABETH MORANNotary Public
Publlc State of Florida . Print Name:mission%CO 948346 ,'z c M2�
mm.Expires Mar 6,2074Ca
ugh National Notary Assn. My Commission apt a: (p f¢ �
DEED Individual Warranty teed-Legal on Face
•
EXHIBIT
..AF.
DESCRIPTION OF RIGHT OF WAY DEDICATION FOR ST,LUCIE COUNTY,FLORIDA.
ONE 10.00 FEET WIDE RIGHT OF WAY DEDICATION SITUATED IN PART OF"THE TROPICS REVISED",RECORDED IN PLAT BOOK
6,PAGE 21,OF THE PUBLIC RECORDS OF ST.LUCIE COUNTY, FLORIDA.
SAID DEDICATION BEING THE WEST 10 FEET OF LOTS 1 THROUGH 5,BLOCK 5,"THE TROPICS REVISED",RECORDED IN PLAT
BOOK 6,PAGE 21,OF THE PUBLIC RECORDS ST.LUCIE COUNTY,FLORIDA.BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 1,BLOCK 5,"THE TROPICS REVISED",ALSO BEING THE POINT OF
BEGINNING;THENCE NOO'26'10"W,A DISTANCE OF 149.25 FEET;THENCE NO3'29'58'W,A DISTANCE OF 118,07 FEET;THENCE
N89'41'37"E,A DISTANCE OF 10.02 FEET; THENCE S03"29'58"E,A DISTANCE OF 117.78 FEET;THENCE SOO'26'10"E,A DISTANCE
OF 149.53 FEET;THENCE N89°39'36'W,A DISTANCE OF 10.00 FEET,TO THE POINT OF BEGINNING'
THE ABOVE DESCRIBED DEDICATION CONTAINING 2,673.0 SQUARE FEET OR 0.06 ACRES MORE OR LESS.
SURVEYOR'S NOTES:
1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER,THIS
DRAWING,SKETCH,PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID.
2. A MINIMUM SEARCH WAS MADE OF THE PUBLIC RECORDS BY THIS FIRM OR SURVEYOR FOR RIGHTS-OF-WAY;NO SEARCH
WAS MADE OF THE PUBLIC RECORDS BY THIS FIRM OR SURVEYOR FOR RESERVATIONS,EASEMENTS AND RESTRICTIONS OF
RECORDS.
3. ANY EXISTING IMPROVEMENTS,FOUNDATIONS AND UNDERGROUND UTILITIES WERE NOT OBSERVED OR RECORDED FOR
THIS SKETCH AND DESCRIPTION.
4. BEARINGS SHOWN ARE BASED UPON NORTH AMERICAN DATUM OF 1983(2007 ADJUSTMENT),FLORIDA STATE PLANE
COORDINATE SYSTEM,EAST ZONE(901).THE REFERENCE BEARING IS N89°39'36"E ALONG THE NORTH LINE OF ROYAL PALM
BOULEVARD.
5. THIS MAP IS A SKETCH AND DESCRIPTION OF RIGHT OF WAY DEDICATION.A BOUNDARY SURVEY WAS PERFORMED TO
DELINEATE THE BOUNDARY LIMITS OF SAID DEDICATION.
6. THE DESCRIPTION SHOWN HEREON WAS DEVELOPED BY THE PROFESSIONAL SURVEYOR AND MAPPER AS DIRECTED BY THE
CLIENT.
N.S.L.R.W.C.D. NORTH ST LUCIE RIVER WATER CONTROL DISTRICT C coPYRIORT ARNOLD CURVETING,INC
STA. STATION ALL DRAWINGS OR DOCUMENTS AHD COPIES THEREOF ARE MSTRUCTIONS
O.R.B. OFFICIAL RECORD BOOK OF SERVICE AND REMAIN THE PROPERTY OF ARNOLD SURVEYING,INC.THE
REPRODUCTION OR UNAUTHORISED USE OF THESE DRAWMGS CR ANY
R.O.W. RIGHT OF WAY OR RIGHT OF WAY DATA OTHER PROJECT DOCUMENTS WITHOUT WRITTEN PERMSSxIN FROM
S.L.CO.FL. ST LUCIE COUNTY,FLORIDA ARNGLDSGRVENNO,INC.IS STRICTLYPRoHIRITED.THIS DRAVaNGOR
FL. FLORIDA DM0.FWT IS PROTECTED DY FEDERAL cOPYRgHT LAINH.
PG. PAGE
P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
(P) PLAT DATA 'I' 4-.• A,,'.
P.C. POINT OF CURVATURE t,t.>• ,e `
P.O.T. POINT OF TERMINATION
P.T. POINT OF TANGENCY "•(''
F.O.A FLORIDA ORGANIC AQUACULTURE �' �ti ,•
'tf r!
-x-x- EXISTING BARBED WIRE FENCE
EXISTING TOP OF BANK OF DITCH f'
EXISTING A LE. .ARNOLD' GATE ED
�----' EXISTING ANCHOR AND GUY RE
oD EXISTING OVER HEAD ELECTRIC PROFESSIONAL SURVEYOR&6MAPPER
FLORIDA LICENSE NO.4971.
ARNOLD SURVEYING, INC. SKETCH AND'DESCRIPTION SHEET
PROFESSIONAL SURVEYORS&MAPPERS DRAWN Br G FOR ST.LUCIE COUNTY,FLORIDA
FLORIDA LICENSED BUSINESS NUMBER TSOS
4866 N.RINGS MVIY 4416,FORT PIERCE,FLORIDA 34B61 APFD_BT cA SITUATED IN PART OF"THE TROPICS REVISED"AS 1 of 2
RI YFAPE VISTA,FORT MAC,RUMOR SAW REF./ CAAIGE RECORDED IN PLAT BOOK 6,PAGE 21,PUBLIC RECORDS
PHONE(772)708-1819 SURVEY@ ASI-SURVEY.COM F.R&PG..16535 ST.LUCIE COUNTY,FLORIDA.
Dn.►16.616
EXHIBIT
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I I — — C/L WILDWOOD AVENUE
2443'R/W NOT OPEN
LESS THE NORTH 17.5—
1 I
30.0' N 741'37'E / N 89°41'37'E
\ \ 0.0 115.51' --.
LOT
BLOC[T
VACANT
I I
LOT6
I I V p BLOCK S
Z I
ORIGINAL ' .._.—.._.__ VACANT
LIMITS OF PtAT Ow-' m�
LOT4 VACANTy VACANT
4 ma 1 1
t0'R/W DEDICATED
90.p n0,00''�TO ST. LUCIE COUNTY
/,l
LOT3
BLOCKS
VACANT
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4�+ iZ I Li, Q Z c LOT 2 BLOCK S
F. 1.Fi O BLOCKS VACANT
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LOT
BLOCKS
VACANT
I
'�� I 30.0* 0. 156.00' _
/s er N 89°3936*E BASE BEARING
P.O.C.—/ 4.2
w
P.O.B.
M
—C/L ROY-AL PALMf$OULEVARD — —
_____. 50'R/W 15'ASPHALTMILLINGS
I I 80' 120'
0' 40'
III ��� mmumm•••
mom
O COPYRIGHT ARNOLD SRNEYMG,MC.
AL DRANNNGS OR DOCUMENTS AND COPES THEREOF ARE M6IRUCTIONS
OF SERVICE AND REMAIN TIE PROPERTY OF ARNOLD SURVEYING,MC.THE /
REPRODUCTION OR UNAUTHORIZED USE OF THESE ORANMINGS OR ANY ��±/J///
OTHER PROJECT DOCUMENTS EMMET MINITEH PERMISMON FROM !( ,
ARNOLD StAhlrA G,MC.IS STRICTLY ARMORED.T IM DRAWING OR " . TE NE
DOCUMENT IS PROTECTED BY FEDERAL COPYRIGHT LAWS. R I, RNOLQ;_
PROFESSIONAljB fRi(Fy.OR'1t,}. ?RER1~
.FLORIDA ETCENSE NO.411 1.
ARNOLD SURVEYING, INC. may, SKETCH ANDDESCRIF'TION SHEET
PROFESSIONAL SURVEYORS&MAPPERS Dy,,,,m,.;CA FOR ST.LUCIE COUNTY,FLORIDA
FLORIDA UCENSED BUSINESS NUMBER MS �1 O�ry
WI N.KINGS HWY RANI,FORT PIERCE,FLORIDA NMAPEDBYa SITUATED IN PART OF"THE TROPICS REVISED"AS C G
M KAM VIM,PORT RCP.,RnIGa NM, REF.# :CFAU F RECORDED IN PLAT BOOR 8,PAGE 21,PUBLIC RECORDS
PHONE(172)708-1EIR SURVEY@ ASI-SURVEY.COM FA.#PG:UM ST.LUCIE COUNTY,FLORIDA. Na.y.R/Ssx
WFG National Title Insurance Company
'. '., a Williston Financial Group company
ALTA OWNER'S POLICY(6-17-06)OF TITLE INSURANCE WITH FLORIDA MODIFICATIONS
Issued by
WFG NATIONAL TITLE INSURANCE COMPANY
Policy# 3155412-05411345 File#: 20425
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, WFG NATIONAL TITLE INSURANCE COMPANY, a South Carolina 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:
1. 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 Land;
(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 enforce, but
only to the extent of the violation or enforcement referred to in that notice.
6. 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.
COVERED RISKS Continued on next page
IN WITNESS WHEREOF, WFG NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the
Date of Policy shown in Schedule A.
St. Lucie Title Services, Inc.
800 Virginia Avenue, Suite 47 WFG NATIONAL TITLE INSURANCE COMPANY r.ti�r>rr
Fort Pierce,FL 34982 ,57 4roR4r t�^
Agent �. c c.
By: ' * 19740
President a �r
CA
ATTEST:
Secretary
ALTA 6-17-06 Owner's Policy(with Florida modifications)
WFG National Form No.3155412
WFG National Title Insurance Company
•witlinon tuu/raul Group tomrymnY
SCHEDULE A
ALTA 6-17-06 OWNER'S POLICY(With Florida Modifications)
Name and Address of Title Insurance Company: WFG National Title Insurance Company, 12909 SW 68th
Parkway, Suite 350, Portland, OR 97223. Phone Number: 503-431-8500
Policy No.: 3155412-05411345 Date of Policy: December 11, 2020,
at 09:49 AM.
Issued with Policy No:
File No.: 20425
Amount of Insurance: $1,565.55 Premium: $
Address Reference: XXX Sunrise Boulevard, Fort Pierce, Florida 34982
1. Name of Insured: St. Lucie County, a political subdivision of the State of Florida
2. The estate or interest in the Land that is insured by this policy is: Fee Simple
3. Title is vested in: St. Lucie County, a political subdivision of the State of Florida
4. The Land referred to in this policy is described as follows:
SEE ATTACHED EXHIBIT"A"
nFcuniy.t. rums ristatANcr ca r_ANY Issued By:St. Lucie Title Services, Inc.
Pr»W4er
trrut : *1974
p
6 }'
l f %'a rrn, Authorized Signature
Page 1 of 4
WFG National Title Insurance Company
•WUlijpo,n c,AJ coatimusY
EXHIBIT"A
ONE 10.00 FEET WIDE RIGHT OF WAY DEDICATION SITUATED IN PART OF THE TROPICS REVISED,
RECORDED IN PLAT BOOK 6, PAGE 21, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
SAID DEDICATION BEING THE WEST 10 FEET OF LOTS 1 THROUGH 5, BLOCK 5, THE TROPICS REVISED,
RECORDED IN PLAT BOOK 6, PAGE 21, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 5 THE TROPICS REVISED, ALSO BEING
THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 26' 10"WEST, A DISTANCE OF 149.25 FEET;
THENCE NORTH 03 DEGREES 29' 58"WEST, A DISTANCE OF 118.07 FEET; THENCE NORTH 89 DEGREES
46'27"WEST,A DISTANCE OF 10.00 FEET; THENCE SOUTH 03 DEGREES 29' 58" EAST, A DISTANCE OF
117.78 FEET; THENCE SOUTH 00 DEGREES 26' 10"EAST,A DISTANCE OF 149.53 FEET; THENCE NORTH
89 DEGREES 39' 36"WEST, A DISTANCE OF 10.00 FEET, TO THE POINT OF BEGINNING.
Page 2 of 4
•
WF'G National Titic lnaurance Company
yam,
Wdr[upr$F,aancW tb. .aanpeMy
SCHEDULE B
ALTA 6-17-06 OWNER'S POLICY (With Florida Modifications)
Policy No.:3155412-05411345
File No.:20425
EXCEPTIONS FROM COVERAGE
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. 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. Any rights, interests or claims of parties in possession not shown by the public records.
3. Easements or claims of easements not shown by the public records.
4. Any encroachment, encumbrance, violation, 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 on the
land of existing improvements located on adjoining land.
5. Any lien, or right to a lien, for services, labor, materials or equipment in connection with improvements,
repairs or renovations provided before, on, or after Date of Policy and not shown by the Public Records at
Date of Policy.
6. Taxes and assessments for the year 2021 and subsequent years, which are not yet due and payable.
7. Any adverse ownership claim by right of sovereignty to any portion of the lands insured hereunder,
including tidelands, submerged, filled and artificially exposed lands and lands accreted to such lands or
dispute as to the boundaries purportedly caused by a change in the location of any water body within or
adjacent to the land.
8. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for
unpaid service charges by any water, sewer or gas systems supplying the insured land.
9. Easements, restrictions, covenants and conditions as set forth in the Plat of THE TROPICS, recorded in
Plat Book 6, page 21.
10. Annexation Agreement in favor of Fort Pierce Utility Authority, recorded on Official Records Book 4025,
Page 2571.
NOTE: Items 1, 2, 3, 4 &5 are hereby deleted.
Page 3 of4
WFG National Tilde Insurance Company•:Wasson Nitwits'Greopliodplotv
END OF SCHEDULE B
Page 4 of 4
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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.
8. 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 prior 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.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of (b) not Known to the Company, not recorded in the Public
this policy, and the Company will not pay loss or damage, costs, Re-cords at Date of Policy, but Known to the Insured
attorneys'fees,or expenses that arise by reason of: Claimant and not disclosed in writing to the Company by
1. (a) Any law, ordinance, permit, or governmental regulation the Insured Claimant prior to the date the Insured
(including those relating to building and zoning) restricting, Claimant became an Insured under this policy;
regulating, prohibiting,or relating to (c) resulting in no loss or damage to the Insured Claimant;
(i) the occupancy, use,or enjoyment of the Land; (d) attaching or created subsequent to Date of Policy;or
(ii) the character, dimensions, or location of any (e) resulting in loss or damage that would not have been
improve-ment erected on the Land; sustained if the Insured Claimant had paid value for the
(iii) the subdivision of land;or Title.
(iv) environmental protection; or the effect of any 4. Any claim, by reason of the operation of federal bankruptcy,
violation of these laws, ordinances, or governmental state insolvency, or similar creditors' rights laws, that the
regulations. This Exclusion 1(a) does not modify or transaction vesting the Title as shown in Schedule A, is
limit the cover-age provided under Covered Risk 5. (a) a fraudulent conveyance or fraudulent transfer;or
(b) Any governmental police power. This Exclusion 1(b)does (b) a preferential transfer for any reason not stated in
not modify or limit the coverage provided under Covered Covered Risk 9 of this policy.
Risk 6. 5. Any lien on the Title for real estate taxes or assessments
2. Rights of eminent domain. This Exclusion does not modify or imposed by governmental authority and created or attaching
limit the coverage provided under Covered Risk 7 or 8. between Date of Policy and the date of recording of the deed
3. Defects, liens, encumbrances, adverse claims, or other or other instrument of transfer in the Public Records that vests
matters Title as shown in Schedule A.
(a) created, suffered, assumed, or agreed to by the Insured
Claimant;
CONDITIONS
1. DEFINITION OF TERMS (C) sucrpssors to an Insured by its conversion to another
kind of Entity;
The following terms when used in this policy mean: (D) a grantee of an Insured under a deed delivered without
(a) "Amount of Insurance": The amount stated in Schedule A,as may payment of actual valuable consideration conveying the
be increased or decreased by endorsement to this policy, Title
increased by Section 8(b), or decreased by Sections 10 and 11 (1) if the stock, shares, memberships, or other equity
of these Conditions. interests of the grantee are wholly-owned by the
(b) "Date of Policy": The date designated as "Date of Policy" in named Insured,
Schedule A. (2) if the grantee wholly owns the named Insured,
(c) "Entity": A corporation, partnership, trust, limited liability (3) if the grantee is wholly-owned by an affiliated Entity
company,or other similar legal entity. of the named Insured,provided the affiliated Entity
(d) "Insured": The Insured named in Schedule A. and the named Insured are both wholly-owned by
(i) The term"Insured"also includes the same person or Entity,or
(A) successors to the Title of the Insured by operation of law (4) if the grantee is a trustee or beneficiary of a trust
as distinguished from purchase, including heirs, created by a written instrument established by the
devisees,survivors,personal representatives,or next of Insured named in Schedule A for estate planning
kin; purposes.
(B) successors to an Insured by dissolution, merger, (ii) With regard to (A), (B), (C), and (D) reserving, however, all
con-solidation,distribution,or reorganization; rights and defenses as to any successor that the Company
would have had against any predecessor Insured.
ALTA 6-17-06 Owner's Policy(with Florida modifications)
WFG National Form No.3155412
CONDITIONS—CONTINUED
(e) "Insured Claimant": An Insured claiming loss or damage. extent possible, the basis of calculating the amount of the loss or
(f) "Knowledge"or"Known": Actual knowledge,not construc-tive damage.
knowledge or notice that may be imputed to an Insured by
reason of the Public Records or any other records that impart 5. DEFENSE AND PROSECUTION OF ACTIONS
constructive notice of matters affecting the Title.
(g) "Land": The land described in Schedule A, and affixed (a) Upon written request by the Insured,and subject to the options
improve-ments that by law constitute real property. The term contained in Section 7 of these Conditions, the Company, at
"Land" does not include any property beyond the lines of the its own cost and without unreasonable delay,shall provide for
area described in Schedule A, nor any right, title, interest, the defense of an Insured in litigation in which any third party
estate, or easement in abutting streets, roads, avenues, asserts a claim covered by this policy adverse to the Insured.
alleys, lanes,ways, or waterways, but this does not modify or This obligation is limited to only those stated causes of action
limit the extent that a right of access to and from the Land is alleging matters insured against by this policy. The Company
insured by this policy. shall have the right to select counsel of its choice (subject to
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other the right of the Insured to object for reasonable cause) to
secu-rity instrument, including one evidenced by electronic represent the Insured as to those stated causes of action. It
means authorized by law. shall not be liable for and will not pay the fees of any other
(i) "Public Records": Records established under state statutes at counsel. The Company will not pay any fees, costs, or
Date of Policy for the purpose of imparting constructive notice expenses incurred by the Insured in the defense of those
of matters relating to real property to purchasers for value and causes of action that allege matters not insured against by this
without Knowledge. With respect to Covered Risk 5(d), policy.
"Public Records" shall also include environmental protection (b) The Company shall have the right, in addition to the options
liens filed in the records of the clerk of the United States contained in Section 7 of these Conditions,at its own cost,to
District Court for the district where the Land is located. institute and prosecute any action or proceeding or to do any
(j) "Title": The estate or interest described in Schedule A. other act that in its opinion may be necessary or desirable to
(k) "Unmarketable Title": Title affected by an alleged or apparent establish the Title, as insured, or to prevent or reduce loss or
matter that would permit a prospective purchaser or lessee of damage to the Insured. The Company may take any
the Title or lender on the Title to be released from the appropri-ate action under the terms of this policy, whether or
obligation to purchase, lease, or lend if there is a contractual not it shall be liable to the Insured. The exercise of these rights
condition requiring the delivery of marketable title. shall not be an admission of liability or waiver of any provision
of this policy. If the Company exercises its rights under this
2.CONTINUATION OF INSURANCE subsec-tion, it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense
The coverage of this policy shall continue in force as of Date of as required or permitted by this policy, the Company may
Policy in favor of an Insured,but only so long as the Insured retains pursue the litigation to a final determination by a court of
an estate or interest in the Land,or holds an obligation secured by competent jurisdiction, and it expressly reserves the right, in
a purchase money Mortgage given by a purchaser from the its sole dis-cretion, to appeal any adverse judgment or order.
Insured,or only so long as the Insured shall have liability by reason
of war-ranties in any transferor conveyance of the Title. This policy 6. DUTY OF INSURED CLAIMANT TO COOPERATE
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 (a) In all cases where this policy permits or requires the Company
obligation secured by a purchase money Mortgage given to the to prosecute or provide for the defense of any action or
Insured. proceeding and any appeals, the Insured shall secure to the
Company the right to so prosecute or provide defense in the
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT action or pro-ceeding, including the right to use, at its option,
the name of the Insured for this purpose. Whenever requested
The Insured shall notify the Company promptly in writing(i)in case by the Company, the Insured, at the Company's expense,
of any litigation as set forth In Section 5(a)of these Condi-tions, (1i) shall give the Company all reasonable aid (i) in securing
in case Knowledge shall come to an Insured hereunder of any evidence, obtaining witnesses, prosecuting or defending the
claim of title or interest that is adverse to the Title, as insured,and action or proceeding, or effecting settlement, and (ii) in any
that might cause loss or damage for which the Company may be other lawful act that in the opinion of the Company may be
liable by virtue of this policy,or(iii)if the Title,as insured,is rejected necessary or desirable to establish the Title or any other
as Unmarketable Title. If the Company is prejudiced by the failure matter as insured. If the Company is prejudiced by the failure
of the Insured Claimant to provide prompt notice, the Company's of the Insured to furnish the required cooperation, the
liability to the Insured Claimant under the policy shall be reduced Company's obligations to the Insured under the policy shall
to the extent of the prejudice. terminate, including any liability or obligation to defend,
prosecute, or continue any litigation,with regard to the matter
4. PROOF OF LOSS or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant
In the event the Company is unable to determine the amount of to submit to examination under oath by any authorized
loss or damage, the Company may, at its option, require as a representa-tive of the Company and to produce for
condition of payment that the Insured Claimant furnish a signed examination, inspection, and copying, at such reasonable
proof of loss. The proof of loss must describe the defect, lien, times and places as may be designated by the authorized
encumbrance, or other matter insured against by this policy that representative of the Company, all records, in whatever
constitutes the basis of loss or damage and shall state, to the medium maintained, including books, ledgers, checks,
memoranda, correspondence, reports, e-mails, disks, tapes,
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WFG National Form No.3155412
and videos whether bearing a date before or after Date of (ii) the difference between the value of the Title as insured
Policy,that reasonably pertain to the loss or damage. Further, and the value of the Title subject to the risk insured
if requested by any authorized representative of the Company, against by this policy.
the Insured Claimant shall grant its permission, in writing, for (b) If the Company pursues its rights under Section 5 of these
any authorized representative of the Company to examine, Conditions and is unsuccessful in establishing the Title, as
inspect, and copy all of these records in the custody or control insured,
of a third party that reasonably pertain to the loss or damage. (i) the Amount of Insurance shall be increased by 10%, and
All information designated as confidential by the Insured (ii) the Insured Claimant shall have the right to have the loss
Claimant provided to the Company pursuant to this Section or damage determined either as of the date the claim was
shall not be disclosed to others unless, in the reasonable made by the Insured Claimant or as of the date it is settled
judgment of the Company,it is necessary In the administration and paid.
of the claim. Failure of the Insured Claimant to submit for (c) In addition to the extent of liability under (a) and (b), the
examination under oath, produce any reasonably requested Com-pany will also pay those costs, attorneys' fees, and
information, or grant permission to secure reasonably expenses incurred in accordance with Sections 5 and 7 of
necessary information from third parties as required in this these Condi-Lions,
subsection, unless prohibited by law or governmental
regulation, shall terminate any liability of the Company under 9.LIMITATION OF LIABILITY
this policy as to that claim.
(a) If the Company establishes the Title, or removes the alleged
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; defect, lien, or encumbrance, or cures the lack of a right of
TERMINATION OF LIABILITY ac-cess to or from the Land, or cures the claim of
Unmarketable Title, all as insured, in a reasonably diligent
In case of a claim under this policy, the Company shall have the manner by any method,including litigation and the completion
following additional options: of any appeals,it shall have fully performed its obligations with
(a) To Pay or Tender Payment of the Amount of Insurance. respect to that matter and shall not be liable for any loss or
To pay or tender payment of the Amount of Insurance under this damage caused to the Insured.
policy together with any costs, attorneys' fees, and expenses (b) In the event of any litigation, Including litigation by the
in-curred by the Insured Claimant that were authorized by the Com-pany or with the Company's consent,the Company shall
Com-pany up to the time of payment or tender of payment and that have no liability for loss or damage until there has been a final
the Company is obligated to pay. deter-mination by a court of competent jurisdiction, and
Upon the exercise by the Company of this option, all liability and disposition of all appeals,adverse to the Title, as insured.
obligations of the Company to the Insured under this policy, other (c) The Company shall not be liable for loss or damage to the
than to make the payment required in this subsection, shall In-sured for liability voluntarily assumed by the Insured in
termi-nate,including any liability or obligation to defend,prosecute, settling any claim or suit without the prior written consent of
or continue any litigation. the Company.
(b) To Pay or Otherwise Settle With Parties Other Than the
Insured or With the Insured Claimant. 10. REDUCTION OF INSURANCE; REDUCTION OR
(i) To pay or otherwise settle with other parties for or in the TERMINATION OF LIABILITY
name of an Insured Claimant any claim insured against
under this policy. In addition, the Company will pay any All payments under this policy, except payments made for costs,
costs, attorneys' fees, and expenses incurred by the attorneys' fees, and expenses, shall reduce the Amount of
Insured Claimant that were authorized by the Company Insurance by the amount of the payment.
up to the time of payment and that the Company is
obligated to pay;or 11. LIABILITY NONCUMULATIVE
(ii) To pay or otherwise settle with the Insured Claimant the
loss or damage provided for under this policy, together The Amount of Insurance shall be reduced by any amount the
with any costs, attorneys'fees,and expenses incurred by Company pays under any policy insuring a Mortgage to which
the Insured Claimant that were authorized by the exception is taken in Schedule B or to which the Insured has
Company up to the time of payment and that the agreed, assumed, or taken subject, or which is executed by an
Company is obligated to pay. Insured after Date of Policy and which is a charge or lien on the
Upon the exercise by the Company of either of the options provided Title, and the amount so paid shall be deemed a payment to the
for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy.
Insured under this policy for the claimed loss or damage,other than
the payments required to be made, shall terminate, including any 12.PAYMENT OF LOSS
liability or obligation to defend,prosecute,or continue any litigation.
When liability and the extent of loss or damage have been definitely
8. DETERMINATION AND EXTENT OF LIABILITY fixed in accordance with these Conditions, the payment shall be
made within 30 days.
This policy is a contract of indemnity against actual monetary loss
or damage sustained or incurred by the Insured Claimant who has 13. RIGHTS OF RECOVERY UPON PAYMENT OR
suffered loss or damage by reason of matters insured against by SETTLEMENT
this policy.
(a) The extent of liability of the Company for loss or damage under (a) Whenever the Company shall have settled and paid a claim
this policy shall not exceed the lesser of under this policy, it shall be subrogated and entitled to the
(i) the Amount of Insurance;or 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
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WFG National Form No.3155412
of any loss, costs, attorneys' fees, and expenses paid by the
Company. If requested by the Company,the Insured Claimant 17.CHOICE OF LAW; FORUM
shall execute documents to evidence the transfer to the
Com-pany of these rights and remedies. The Insured (a) Choice of Law: The Insured acknowledges the Company has
Claimant shall permit the Company to sue, compromise, or underwritten the risks covered by this policy and determined
settle in the name of the Insured Claimant and to use the name the premium charged therefor in reliance upon the law
of the Insured Claimant in any transaction or litigation involving affecting interests in real property and applicable to the
these rights and remedies. interpretation, rights, remedies, or enforcement of policies of
If a payment on account of a claim does not fully cover the loss of title insurance of the jurisdiction where the Land is located.
the Insured Claimant, the Company shall defer the exercise of its Therefore, the court or an arbitrator shall apply the law of the
right to recover until after the Insured Claimant shall have jurisdiction where the Land is located to determine the validity
recovered its loss. of claims against the Title that are adverse to the Insured and
to interpret and enforce the terms of this policy. In neither case
(b) The Company's right of subrogation includes the rights of the shall the court or arbitrator apply its conflicts of law principles
Insured to indemnities,guaranties,other policies of insurance, to determine the applicable law.
or bonds, notwithstanding any terms or conditions contained (b) Choice of Forum: Any litigation or other proceeding brought
in those instruments that address subrogation rights, by the Insured against the Company must be filed only in a
state or federal court within the United States of America or its
14.ARBITRATION territories having appropriate jurisdiction.
Unless prohibited by applicable law,arbitration pursuant to the Title 18. NOTICES,WHERE SENT
Insurance Arbitration Rules of the American Arbitration Association
may be demanded if agreed to by both Company and the insured Any notice of claim and any other notice or statement in writing
at the time of the controversy or claim. Arbitrable matters may required to be given to the Company under this policy must be
include, but are not limited to, any controversy or claim between given to the Company at 12909 SW 68th Parkway, Suite 350,
Company and the insured arising out of or relating to this policy,
and service of Company in connection with its issuance or the Portland, OR 97223, Attention: Claims Department. WFG
breach of a policy provision or other obligation.Arbitration pursuant National Title Insurance Company's telephone number is
to this policy and under the Rules in effect on the date the demand (800)334-8885. Email address:claimswfgnationaltitle.com.
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
provi-sions. 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 ail other provisions shall remain in full force and effect.
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WFG National Form No.3155412