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HomeMy WebLinkAboutResolution_23-97/98_04/09/1998 a RESOLUTION NO. 23 -97/98 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING THE SALE OF VILLAGE LAND TO SHAW PROPERTIES, INC. IN THE AMOUNT OF $16,742. WHEREAS, Shaw Properties, Inc. previously leased land from the Village; and WHEREAS, the Village of Tequesta no longer desires to lease property to Shaw Properties, Inc.; and WHEREAS, representatives of Shaw Properties, Inc. requested to purchase property from the Village of Tequesta; and WHEREAS, the Village secured the services of Callaway & Price, Inc. to conduct an appraisal to determine the fair market value of the land in question, identified as Parcel No. 2 in the Callaway & Price, Inc. Appraisal Report dated February 23, 1998; and I I WHEREAS, Callaway & Price, Inc. appraised the land in question to have a market value of $13,600. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The foregoing recitals are hereby ratified and confirmed. Section 2. The Village Manager is hereby authorized to sell the appraised parcel, plus the additional land requested by Shaw Properties, Inc. totaling 4,839 square feet to Shaw Properties, Inc. in the amount of $16,937 with all associated charges and fees to be borne by Shaw Properties, Inc. and to do all things necessary to close the sale. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Cameron who moved its adoption. The motion was seconded by Councilmember Mackail and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Alexander W. Cameron Joseph N. Capretta Carl C. Hansen Ron T. Mackail • Elizabeth A. Schauer The Mayor thereupon declared the Resolution duly passed and adopted this 9th day of April, A.D., 1998. OR OF TEQUEST w -a bet A. Schauer ATTEST: I I I oann Mangani to Village Clerk wp60 \res \23 2 i This Document Prepared By and Return to: JOHN M. MARTYN DAVERSA AND MARTYN, P.A. 218 U.S. Highway 1, Suite 202 Tequesta, FL 33469 Parcel ID Number: Special Warranty Deed This Indenture, Made this /,7 day of June , 1999 A.D. , Between Village of Tequesta of the County of Palm Beach , State of Florida , grantor, and Shaw Properties, Inc., a Florida corporation whose address is: 222 U. S. Highway One, Tequesta, FL 33469 of the County of Palm Beach , State of Florida , grantee. Witnesseth that the GRANTOR, for and inconsideration of the sum of -------------- --- - - - - -- - TEN DOLLARS ($10) - -- ---------------- -- -- DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Palm Beach State of Florida to wit: Parcel 1: The East 22.9 feet of the South 18 feet of a parcel of land in Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: For a Point of Beginning, commence at a point in the South line of Section 30, Township 40 South, Range 43 East, at a distance of 215.21 feet West of the Southeast corner of the Southwest Quarter of said Section; thence Northerly at right angles to said South line of Section 30, a distance of 300 feet to a point; said point being the Werei oint of beginning and the Southeast corner of the tract of land described; thence continue Northerly on the same course a distance of 313.76 feet to a point; thence Westerly, at right angles to the last described course, a distance of 250 feet; thence Southerly, at right angles to the last described course, a distance of 313.76 feet; thence Easterly, at right angles to the last described course, a distance of 250 feet to the Point of Beginning. Parcel 2: Together with the East 28.5 feet of the North 155.32 feet of the South 300 feet of a parcel of land in Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Beginning at the intersection of the South line of said Section 30 with the Westerly Right -of -Way line of U.S. Highway No. 1 (State Road No. 5); thence Westerly along the South line of said Section 30, a distance of 250 feet to the Point of Beginning; thence Northerly at right angles a distance of 300 feet; thence Westerly, parallel to the South line of said Section 30, a distance of 250 feet; thence Southerly at right angles, a distance of 300 feet to a point in the South line of said Section 30; thence Easterly along the South line of said Section 30, a distance of 250 feet to the Point of Beginning. Containing together 4839 sq. feet or 0.111 acres more or less. Subject to easements recorded in Official Record Book 388, Page 499, and Official Record Book 3795, Page 295, Public Records of Palm Beach County, Florida. e gether with all 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 grantor is lawfully seized of said land in fee simple; that grantor has good right and lawful authority to sell and convey said land; that grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under grantor. Lash Generated by 0 Display Systems, Inc., 1998 (941) 767-5555 Farm FLS WD-2 Special Warranty Deed- Pa 2 Parcel ID Number: 0 Witness Whereof, the grantor has hereunto set its hand and seal the day and year fast above written. .�Signed, sealed and delivered in our presence: Village of Tequesta I LI- By: �. 41 -1`� (Seal) Printed Name: Liiti fa Thomas G. Bradford Witness Village Manager / P.O. Address: 357 Tequesta Drive, Tequesta, FL 33469 Printed Name: Witness By ' � 1 �.r , .�.��. -�' (Seal) Printed Name:/- ame: - -'I Joann Manganiello Witness Village Clerk P.O. Address: 357 Tequesta Drive, Tequesta, FL 33469 Printed Name: Witness (Corporate Seal) STATE OF Florida COUNTY OF Palm Beach a� The foregoing instrument was acknowledged before me this day of June ' 19 99 by Thomas G. Bradford, Village Manager, on behalf of the Village of Tequesta who azepersonallyknowntom rwho have produced their Florida driver IB license as identification. Printed Name: Notary Pub1 Duw FtI m- 0fo%V%nFFL0NM My Commission Expires: LORI ANN MONTAGUE STATE OF Florida COMNISSIONfCCID" EXPIRES 12222000 COUNTY OF Palm Beach / - WMEOTHRU ABA 1486490MM The foregoing instrument was acknowledged before me this I day of June , 1999 by Joann Manganiello, Village Clerk, on behalf of the Village of Tequesta who is' personallylnowntome rwhohasproduced Florida driver's license as identification. Printed Name: Notary Public My Commission Expires: NOTAKY� -, �.nir OFFLORVA LORI ANN MONTAGUE COMMISSIONS CCODI G EXPIRES 1222.2000 WM07HRU MIA 14m@ maven • 2454SHAW Las. G--a dby 0 Display Systems, Inc., 1998 (941) 7635555 Forth FLSWD -2 SUBSTITUTE FORM 1099 -S COPY B t ions call Jeffrey N. Da versa. q ( ) CORRECTED (if checked) FILE7name, reet address, city, s tate, ZIP code, and telephone no. l Date of closing OMB No. 1545 -0997 DAND MARTYN, P.A. 21HWAY ONE Proceeds From Real SUITE 202 06/18/99 1999 Estate Transactions TEQUESTA, FL 33469 2 Gross proceeds $16,937.00 Form 1099 -S FILER'S Federal idenrifwi. number TRANSFEROR'S idmukaum number 3 Address or legal description Copy B For Transferor 59- 1962982 59- 6044081 222 U. S. Highway One Tequesta, FL 33469 This is important tax TRANSFEROR'S name information and is bein Village of Tequesta g memal Revenue Service. If you are required to file a return, a negligence penalty or other Street address (including apt. no.) sanction may be his 357 Tequesta Drive r item s t t be 4 Transferor received or will receive property or services reported and the IRS City, state, and ZIP code determines that it has Tequesta, FL 33469 as part of the consideration (if checked) _> 1 not been reported. Account number (optional) 5 Buyer's part of real estate tax 2454SHA W $0.00 Form 1099 -S (Keep for your records.) Department of the Treasury - Internal Revenue Service Instructions for Transferor For sales or exchanges of certain real estate, the person responsible Box 1. Shows the date of closing. for closing a real estate transaction must report the real estate proceeds to the Internal Revenue Service and must furnish this Box 2. Shows the gross proceeds from a real estate transaction, statement to you. To determine if you have to report the sale or generally the sales price. Gross proceeds include cash and notes payable exchange of your main home on your tax return, see the 1999 to you, notes assumed by the transferee(buyer), and any notes paid off Schedule D (Form 1040) instructions. If the real estate was not your at settlement. Box 2 does not include the value of other property or main home, report the transaction on Form 4797, Sales of Business services you received or are to receive. See Box 4. Property, Form 6252, Installment Sale Income, and/or Schedule D (Form 1040), Capital Gains and Losses. Box 3. Shows the address of the property transferred or a legal description of the property You may have to recapture (pay back) all or part of a Federal 0-ortgage rtgage subsidy, if all the following apply: Box 4. If marked, shows that you received or will receive services You received a loan provided from the proceeds of a qualified or property (other than cash or notes) as part of the consideration for bond or you received a mortgage credit certificate. the property transferred. The value of any services or property (other • Your original mortgage loan was provided after 1990, and than cash or notes) is not included in box 2. • You sold or disposed of your home at a gain during the first 9 years after you received the Federal mortgage subsidy. Box 5. Shows certain real estate tax on a residence charged to the buyer This will increase your tax. See Form 8828, Recapture of Federal at settlement. If you have already paid the real estate tax for the period Mortgage Subsidy, and Pub. 523, Selling Your Home. that includes the sale date, subtract the amount in box 5 from the amount already paid to determine your deductible real estate tax. But if you have already deducted the real estate tax in a prior year, generally report this amount as income on the "Other income" line of Form 1040. For more information, see Pub. 523. YOU ARE REQUIRED BY LAW to provide your correct taxpayer name and identification number for the transaction described above to: DAVERSA AND MARTYN, P.A. If you do not provide your correct taxpayer identification number, you may be subject to civil or criminal penalties imposed by law. UNDER THE PENALTIES OF PERJURY, I certify that the above information, including my taxpayer identification number, is correct, and that I have received a copy of this statement. Village of Tequesta �7 B : //7' G'a _�G B Thomas G. Bradford / Joann anganiello l • OWNER'S AFFIDAVIT NON - FOREIGN CERTIFICATE AND REQUEST FOR TAXPAYER IDENTIFICATION NUMBER STATE OF Florida COUNTY OF Palm Beach BEFORE ME, the undersigned authority, personally appeared omas G. Bradford, Village Manager, on behalf of the Village of Tequesta and Joann Manganiello, Village Clerk, on behalf of the Village of Tequesta (the "Seller "), ( "Seller" refers to singular or plural as context requires) who, first being duly sworn, deposes and says: A. OWNER'S AFFIDAVIT 1. Seller is the owner of the following described property (the "Property "): Parcel 1 and Parcel 2 of property more fully described hereinafter. All terms of this Owner's Affidavit (Section " A " ) are subject to matters shown on Attorneys' Title Insurance Fund, Inc. Commitment No. CF- 0098870 and the policy to be issued thereon and all matters shown on the survey prepared by Dearlove and Assoc. dated February 19, 1997 and bearing Drawing No. 97 -027. (Continued on Attached) • Street Address: 222 U. S. Highway One, Tequesta, Fla 33469 2. There is no outstanding contract for the sale of the property to any person or persons whomsoever, nor any unrecorded deed, mortgage or other conveyances affecting the title to the Property. 3. There are no liens, encumbrances, mortgages, claims, boundary line or other disputes, demands or security interests in, on or against the Property or any goods, furnishings, appliances, fixtures or equipment now installed in or which are to be affixed to the Property; (except for mortgages described in the deed given by the undersigned); that there are no unpaid taxes, levies, assessments, paving liens or utility liens against the Property (other than real estate taxes for the current year). 4. There have been no improvements made upon the Property within the past ninety (90) days for which there remain any outstanding and unpaid bills for labor, materials or supplies for which a lien or liens might be claimed by anyone. 5. There are no matters pending against Seller which could give rise to a lien that would attach to the Property during the period of time between the effective date of the title insurance commitment and the time of recording of the instruments evidencing the Buyer's fee simple or other interests in the Property; and that the Seller has not executed and will not execute any instrument that would adversely affect the title to the Property from the date of this Affidavit forward. 6. There are no judgments, claims, disputes, demands or other matters pending against Seller that could attach to the Property. Seller has complied with the Florida Sales Tax laws where applicable. Seller acknowledges responsibility for water, sewer and electrical consumption charges through date of closing or occupancy by Buyer, ichever first occurs. 7. Seller is in sole constructive or actual possession of the Property and no other person has any right to possession of the Property, or asserts any claim of title or other interests in it. 8. Seller represents there are no violations of governmental laws, regulations or ordinances pertaining to the use of the Property. Laser Ge—tcd by C Display Systems, Inc., 1998 (941) 763 -5555 Fc— FLAFF -5 Owner's Affidavit - ra z B. NON - FOREIGN CERTIFICATE AND REQUEST FOR TAXPAYER IDENTIFICATION NUMBER Section 1445 of the Internal Revenue Code provides that a transferee ( "Buyer ") of a U.S. real property interest must withhold tax at a rate of 10% of the amount realized on the disposition if the transferor ( "Seller ") is a foreign person. To inform the Buyer that 4id thholding of tax is not required upon the disposition of a U.S. real operty interest by the Seller, the undersigned hereby swears, affirms certifies the following as or on behalf of the Seller: 1. Seller's Legal Name Is: Village of Tequesta 2. Seller's Home Address or Office Address if Corporation, Partnership or Trust: 357 Tequesta Drive, Tequesta, FL 33469 3. Seller is not a non - resident alien (if individual) or a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations). In connection with the sale or exchange of the Property you are required by law to provide DAVERSA AND MARTYN, P.A. with your correct taxpayer identification number (TIN). If you do not so provide your TIN, you may be subject to civil or criminal penalties imposed by law. 4. Seller's Taxpayer Identification Number: (TIN or SSN for Individuals) NAME SOCIAL SECURITY NUMBER Village of Tequesta 59- 6044081 5. For purposes of reporting this transaction to the Internal Revenue Service on Form 1099 -S, the property is Seller's (check one): Principal Residence X Other Real Estate • This taxpayer identification number is being provided in connection with a real estate transaction. The undersigned understand that this Certificate may be disclosed to the Internal Revenue Service by the Buyer and that any false statement contained herein could be punished by fine, imprisonment or both. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document as or on behalf of the Seller, and that the number shown on this statement is Seller's correct TIN. Seller states that this instrument is given for the express purpose of inducing Shaw Properties, Inc., a Florida corporation to purchase the Property and to cause DAVERSA AND MARTYN, P.A. as agents for Attorneys Title Insurance Fund, Inc. to insure title to said property. This Affidavit is made under the full understanding of the law regarding liability for any misrepresentation herein. DATED this . 18th day of June 1999 Village of Tequesta By- Thomas G. Bradford Village Manager By: G ,?— Joann Manganie o Village Clerk (Corporate Seal) • Las. G.—W by ® Display Syst —, Inc., 1998 (941) 763 -5555 Farm FLAFF -5 Owner's Affidavit - Page 3 STATE OF Florida COUNTY OF Palm Beach Sworn to and subscribed before me this day of June 1999 by Thomas G. Bradford, Village Manager, on behalf of the Village of Tequesta o are- personall known to or who We produced their Florida r as identification. , Printed Name: i jZ2n&4 Notary Public My Commission " STATE OF rJ)RIOA MONTAGUE STATE OF Florida COMMISSION #CC6W4Q2 COUNTY OF Palm Beach EXPIRES 12-22 Sworn to and subscribed before me this I� day o uTTie" 19 99 by Joann Manganiello, Village Clerk, on behalf of the Village of Tequesta _ who i se personlly known to me a r who ha produced Florida driver's licen as identification. 1 Printed Name: Notary Public My Commission Expires: NOTARY I—— _ . „r mORIOA LORI ANN MONTAGUE COMMISSION S CC60MG EXPIRES 12.22•2DW SONDED7HRU ABA 140SNO wn • • 2454SHAW La Geno dby® Display Systems, Inc., 1998 (941) 767 -5555 Form FLAFF.5 Owner's Affidavit - Page 4 Parcel 1: The East 22.9 feet of the South 18 feet of a parcel of land in Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: 0 or a Point of Beginning, commence at a point in the South line of ection 30, Township 40 South, Range 43 East, at a distance of 215.21 feet West of the Southeast corner of the Southwest Quarter of said Section; thence Northerly at right angles to said South line of Section 30, a distance of 300 feet to a point; said point being the Point of beginning and the Southeast corner of the tract of land herein described; thence continue Northerly on the same course a distance of 313.76 feet to a point; thence Westerly, at right angles to the last described course, a distance of 250 feet; thence Southerly, at right angles to the last described course, a distance of 313.76 feet; thence Easterly, at right angles to the last described course, a distance of 250 feet to the Point of Beginning. Parcel 2: Together with the East 28.5 feet of the North 155.32 feet of the South 300 feet of a parcel of land in Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Beginning at the intersection of the South line of said Section 30 with the Westerly Right -of -Way line of U.S. Highway No. 1 (State Road No. 5); thence Westerly along the South line of said Section 30, a distance of 250 feet to the Point of Beginning; thence Northerly at right angles a distance of 300 feet; thence Westerly, parallel to the South line of said Section 30, a distance of 250 feet; thence Southerly at right angles, a distance of 300 feet to a point in the South line of said Section 30; thence Easterly along the South line of said Section 30, a distance of 250 feet to the Point of Beginning. Containing together 4839 sq. feet or 0.111 acres more or less. • • 2454SHAW Lase Generated by 0 Display Systems , Inc., 1998 (941) 763 -5555 Forth FLAFF -5 Buyer's and Seller's Combined Closing Statement DAVERSA AND MARTYN, P.A. This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D. NAME OF BUYER: Shaw Properties, Inc. ADDRESS OF BUYER: 222 U. S. Highway One, Tequesta, FL 33469 E. NAME OF SELLER: Village of Tequesta ADDRESS OF SELLER: 357 Tequesta Drive, Tequesta, FL 33469 F. NAME OF LENDER: ADDRESS OF LENDER: G. PROPERTY 222 U. S. Highway One LOCATION: Tequesta, FL 33469 H. SETTLEMENT AGENT: DAVERSA AND MARTYN; P.A. 218U.^a. HIGHWAY ONE, SUITE 202, TEQUESTA, FL 33469 PLACE OF SETTLEMENT- 218 US. HIGHWAY ONE, SUITE 202, TEQUESTA, FL 33469 I. SETTLEMENT DATE: J. SUMMARY OF BUYER'S TRANSACTION K SUMMARY OF SELLER'S TRANSACTION 100.GROSS AMOUNT DUE FROM BUYER 400. GROSS AMOUNT DUE TO SELLER 0. Contract sales rice 16,937.00 401, 1 6 7 00 102. Persorial i2ropffty 402. Personal e 103.Buyees Expenses from lie 1400 4 104. 0 Adjustments for items n advance Adjustments or items paid by seller in advance 10 . i / own taxes to 406.CiWlown taxes to 107 407. County taxes t I08.Asse sments to 408.A is to 1 9 not taxable in pri or yLs to 09. not taxable in prior yms t 110. to 4 10, t 111 to 411. t 112911k to 412. to 12 SS AMOUNT DUE FROM BUYER ' 18,052.10 420.GROSS AMOUNT DUE TO SELLER ' 16,937.00 200.AMOUNTS PAID BY OR IN BEHALF OF BUYER 500-REDUCTIONS IN AMOUNT DUE TO SELLER 201.D =sit r earnest mongy I 1; 70 50I.Excess dgposit see instructions 202.Princi of new l0 02 t charizes to seligr(line 14 20 .E i in loans taken subject to JqLExisting loans taken subject to 204. 504. Payoff of first mortgage l oan 205, 505. Pa ff of econd mortgage loan 206.Princi al amount of seller financing 506. Principal amount of seller financin 207. 507 208. 508 09. 509. 209a 509a 209b 509b Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210.City/town taxes to 510.Ci /town taxes to 21 I.County taxes to 5/6/99 11. Coun1y taxes to 212 Assessments to 512 As a sments to 213, to to 214. to 14. to 215, to 515. 216. to 516. to 217, to 517. to 218• to 518. to 219. to 519. to 220.TOTAL AMOUNTS PAID 1,693.70 520. TOTAL REDUCTIONS IN BY OR IN BEHALF OF BUYER , AMOUNT DUE SELLER ' 300. CASH AT SETTLEMENT FROM/TO BUYER 600. CASH AT SETTLEMENT TO/FROM SELLER 301.Gross amount due from buyer line 120 18 052.10 601.Gross amount due to seller line 420 16 937.00 3021ess amounts paid by/for buyer line 220 1.693.70 602. Less reductions in amount due seller line 520 30 H ® From ❑ To BUYER ' 16,358.40 603.CASH ® To ❑ From SELLER 16,937.00 PAGE 1 218 U.S. HIGHWAY ONE SUITE 202 TEQUESTA, FL 33469 ®1998 Dbpl.y Systems, Inc. (941) 763 -5555 - L.xr Gen -ted Buyer's and Seller's Combined Closing Statement PAGE T OTAL SALES/B ROKER'S COM. based on pri %= BUYER'S SELLER'S Division ine 700 follows 701, to 702. to EXPENSES EXPENSES 703. Commission paid at the 704. to 8 ms Pa able In Connection With Loan 8 Origination ° to 802. oan Discount ° to 803, Anraisal Fee t 804 Credit Report to 805, Lender's Inspection Fee to 806. Mortgage Insuran Application ee to t 808. to 809. to 1. t 811. t to 813, to 81 815. to 900. Items Required By Lender To Be Paid In Advance O1 n to / day 9. Mortizage Insurance Premium for months t 903, Hazard Insurance Premiu for years t o 904. years to 905, years to 1000. Reserves Deposited With Lender insu 1001. Hazard 002. Mortgage insurance months@ per month 1003. City r onths@ per month Co unty r taxes hs month Annua assessments months@ per m onth 1006, months@ per mo nth 1 007. months@ per M 1008. months per month 1009. 1100. Title Charges 1101. Settlement or closing fee to 1102. Abstract or title arch to Attomeys'Title Insurance Fund Inc. 260.00 10 i le ex nation 1 to bind to liM cument preparation to v 11 06. o ce to 1107. Attorn e' s fees to Dav ( includes items number s: 1108. Title s to Attorneys Title Insuraricc Fund inc udes v items numbers: 1109. Lend v e: Risk Prem INS AMT: 110. • Risk Premium IN AMT: 16 1110 1111 to 1112. to 1113. to 1200. Government Recording and Transfer Charges 1201, Recording Fecs7 Deed LM Mortgagc(s) -Mortgage(s) Release.% 11.10 120 2.City&ounlytax/stamps: De • L- 1203. State tax/stampsw Deed $119,00 L 119.00 1204. 1205. 1300. Additional Settlement Charges 130. Survey to 1302. Pest Inspection to 1 303. Roof Inspection 10 1304. CM, Cedficate of Good Standing to Daversa and MaMm P.A. 25.00 1305. to to t 1308. to 1309. to 1400. Total Settlement Charges (enter on Buyer line 103, and on Seller line 502, Page 1) ' 1,115.10 CERTIFICATION DATE: 5/ /99 I have carefully reviewed this Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts a4 disbursements made on my account r by me in this transaction. I further certify that I have received a copy of this Settlement Statement. Shaw PrQp Inc. Village of T oasts !� �/ o - �` - •� _ -rte -��,� Buyer Seller Ro haw, President Thomas G. Bradford Buyer �� Seller t +A MfFNGp ,v [=LL.0 DATE: 5/6/99 2454SHAW AFFIDAVIT FOR DISBURSEMENT STATE OF Florida COUNTY OF Palm Beach The undersigned (hereinafter referred to singularly or collectively as "Affiant "), being first duly sworn, deposes and says: * That Affiant is the sole owner, in fee simple, and in possession of at certain real.estate situate in the County of Palm Beach , State of Florida , legally described as follows: Parcel 1: The East 22.9 feet of the South 18 feet of a parcel of land in Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: For a Point of Beginning, commence at a point in the South line of Section 30, Township 40 South, Range 43 East, at a distance of 215.21 feet West of the Southeast corner of the Southwest Quarter of said Section; thence Northerly at right angles to said South line of Section 30, a distance of 300 feet to a point; said point being the (Continued on Attached) 2. Affiant certifies that from April 20th 1 1999 at 11:00 p.m. (date of most current title certification) no lien, encumbrance, or other document has been filed of record which adversely affects the title to the above described property. 3. In the event any documents which adversely affect title to the above described property are filed of record subsequent to the date and time set forth in paragraph 2 above, through the date and time of recording of title to any purchasers and /or recording of any mortgages, Affiant agrees to assume FULL LEGAL RESPONSIBILITY for satisfaction and /or removal of same. 4. Affiant further agrees to indemnify DAVERSA AND MARTYN, P.A. and Attorneys Title Insurance Fund, Inc. for any loss or damage, including court costs and attorneys fees, arising from any intervening liens or other matters which adversely affect the title to the above described property. 5. Affiant understands that the figures set forth on the settlement 0 n atement relating to mortgage payoffs, mortgage assumptions, taxes, ilities, rental prorations, maintenance fees, special assessments, d /or any other charges are based upon the best information available; and in the event said figures differ from the actual figures, Affiant agrees to promptly pay all additional sums owing which are necessary to fully satisfy said outstanding balances. 6. Affiant gives this Affidavit for the purpose of inducing DAVERSA AND MARTYN, P.A. to disburse, at the time of closing, any proceeds of sale, any mortgage proceeds, and /or disbursements made in accordance with any agreements between the parties hereto. 7. Affiant understands whoever makes a false statement which they do not believe to be true, under oath, not in an official proceeding, in regard to any material matter, shall be guilty of a misdemeanor of the first degree, punishable by a definite term of imprisonment not exceeding one (1) year, as provided in Chapter 775 of the Florida Statutes. Village of Tequesta By: Thomas G. Bradford Village Manager By: Joann Manganiedlo Village Clerk (Corporate Seal) STATE OF Florida COUNTY OF Palm Beach Sworn to and subscribed before me this day of June 1999 by Thomas G. Bradford, Village Manager, on behalf of the Village of Tequesta g o are j) ersonally known to me or who have produced their Florida iver's license as identification. �— Printed Name: t Notary Public NGTARTPUSLIC'STATUGFFLOR)iA, LORI ANN MONTAGUE My Commission ExP SIONSCC6)Z42 EXPIRES 12.22.2= 2454SHAW Lea c 8 NDEDTmRU ASA 1 ue uee ny ®nwp)ay sy�9, mo, MS (941) 763 -3355 F- PIAFF -6 .BB&NOTARW Affidavit for Disbursement -Pa 2 Point of beginning and the Southeast corner of the tract of land herein described; thence continue Northerly on the same course a distance of 313.76 feet to a point; thence Westerly, at right angles to the last described course, a distance of 250 feet; thence Southerly, at right angles to the last described course, a distance of 313.76 feet; thence Easterly, at right angles to the last &escribed course, a distance of 250 feet to the Point of Beginning. Parcel 2: Together with the East 28.5 feet of the North 155.32 feet of the South 300 feet of a parcel of land in Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Beginning at the intersection of the South line of said Section 30 with the Westerly Right -of -Way line of U.S. Highway No. 1 (State Road No. 5); thence Westerly along the South line of said Section 30, a distance of 250 feet to the Point of Beginning; thence Northerly at right angles a distance of 300 feet; thence Westerly, parallel to the South line of said Section 30, a distance of 250 feet; thence Southerly at right angles, a distance of 300 feet to a point in the South line of said Section 30; thence Easterly along the South line of said Section 30, a distance of 250 feet to the Point of Beginning. Containing together 4839 sq. feet or 0.111 acres more or less. STATE OF Florida COUNTY OF Palm Beach ry Sworn to and subscribed before me this / day of June 1999 by Joann Manganiello, Village Clerk, on behalf of the Village of Tequesta who i -- per sonall y known to me or who has rodu d Florida driver's license as identification. Printed Name: h Notary Public My Commission Expires: • NOTARY PUBLIC - STATE OF FLORI W. LORI ANN MONTAOUE COMMISSION N CCOOO542 EXPIRES 12.22.2000 OMM71 -M AM 148MMAWI L —G.. —d by C Dieplay Syslemc, Inc., 1998 (941) 763 -5555 Form FLAFF -6 Callaway & Price, Inc. Real Estate Appraisers and Consultants • Licensed Real Estate Brokers MWEST PALM BEACH■ ■FORT PIERCE■ Robert J. Callaway, MAI, SRA, CRE Harry D. Gray, MAI, SRA St.Cert.Gen.REA RZ0000505 St.Cert.Gen.REA RZ0000662 Michael R. Slade, MAI, SRA, CRE ■BOCA RATON■ St.Cert.Gen.REA RZ0000116 Daniel P. Hrabko, MAI Daniel P. Hrabko, MAI St.Cert.Gen.REA RZ0000048 St.Cert.Gen.REA RZ0000048 ■STUART■ Joe R. Price, MAI, SRA Harry D. Gray, MAI, SRA St.Cert.Gen.REA RZ0000555 St.Cert.Gen.REA RZ0000662 Please reply to West Palm Beach February 23, 1998 Thomas Hall Village of Tequesta 357 Tequesta Drive PO Box 3474 Tequesta, FL 33469 -3474 Dear Mr. Hall: Pursuant to your request, we have made an investigation and analysis of two vacant industrial parcels. Parcel I is located 1,200 feet south of Tequesta Drive, and 250 feet west of U.S. Highway One, Tequesta, Florida. Parcel II is located 1,000 feet south of Tequesta Drive, and 250 feet west of U.S. Highway One, Tequesta, Florida. The purpose of this investigation and analysis was to estimate, the Market Value Contribution to the westerly abutting properties (see Limiting Condition Number 10) of the parcels as of February 13, 1998, in a complete appraisal report with a Summary format. As a result of our investigation and analysis of the information obtained therefrom, as well as a general knowledge of real estate valuation procedures, it is our opinion that the Market Value Contribution to the westerly abutting properties (see Limiting Condition Number 10) of Parcel I as of February 13, 1998, ELEVEN THOUSAND FIVE HUNDRED DOLLARS ($11,500) As a result of our investigation and analysis of the information obtained therefrom, as well as a general knowledge of real estate valuation procedures, it is our opinion that the Market Value Contribution to the westerly abutting properties (see Limiting Condition Number 10) of Parcel II as of February 13, 1998, THIRTEEN THOUSAND SIX HUNDRED DOLLARS ($13,600) • WEST PALM BEACH - 1639 Forum Place, Suite 5, West Palm Beach, FL 33401 (561)686 -0333 / Fax (561 )686 -3705 FORT PIERCE - 505 South Second Street, Suite 230, Fort Pierce, FL 34950 (561 )464 -8607 / Fax (561 )461 -0809 BOCA RATON - 4400 North Federal Highway, Suite 210, Bop Raton, FL 33431 (561)998 -8088 / Fax (561 )686 -3705 STUART - 505 South Second Street, Suite 230, Fort Pierce, FL 34950 (561)287 -3330 / Fax (561 )461 -0809 Callaway & Price, Inc. EXECUTIVE SUMMARY - PARCEL II PROPERTY TYPE Vacant Commercial LOCATION 1,000 feet south of Tequesta Drive and 250 feet west of U.S. Highway 1, Tequesta, Florida. DATE OF VALUATION February 13, 1998. PURPOSE OF APPRAISAL : To estimate the Market Value Contribution to the westerly abutting property of the Subject Property as of the appraisal date. PROPERTY DESCRIPTION: -- LAND : The land is irregularly shaped and contains 3,886 square feet or .089 acres. • ZONING : C2, Community Commercial District, by the Village of Tequesta. LAND USE PLAN : C -2, Commercial, by the Village of Tequesta HIGHEST AND BEST USE: AS VACANT : For commercial development. VALUE INDICATIONS: SALES COMPARISON APPROACH : $13,600 MARKET VALUE CONTRIBUTION TO THE WESTERLY ABUTTING PROPERTY OF THE SUBJECT PROPERTY AS OF FEBRUARY 13, 1998 $13,600 •