HomeMy WebLinkAboutAgreement_General_01/09/1975 Sanctity of Contract
Gerald L. Correll
S T E WAI2 T TITLE President
OF PALM BEACH COUNTY
Security Abstract Division Marion J. Kirkwood
Vice President
Leigh W. Conover
Vice President
January 9, 1975
John C. Randolph, Esq.
Johnston, Lilienthal & Johnston
P.O. Box 48
West Palm Beach, Fla. 33402
RE: 7407 -61 -T
Dear Mr. Randolph:
Enclosed herewith please find our Owner's Policy # 44274 insuring
VILLAGE OF TEQUESTA, FLORIDA, in the amount of $50,000.00.
Thank you for the opportunity to be of service.
Sincerely,
SECURITY ABSTRACT & INSURANCE COMPkNY
M r
Marion J. Kirkwo
Vice President
MJK /icm
Encl:
cc: File
A
.:
Main Office: 2139 Palm Beach Lakes Blvd. (Legal Arts Building) 33401 - P.O. Box 1870 - West Palm Beach, Florida 33402 - (305) 686 -8530
Branch Offices: Delray Beach at 1 S.E. 4th Avenue, 278 -9595 - North Palm Beach at 860 U.S. No. 1, 844 -3475 - Palm Springs at 3175 Congress Ave., 964 -0640
ALTA Owner's Policy —Form A —Amended 10 -17 -70
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POLICY OF TITLE INSURANCE ISSUED BY
7+07 -61 -T
f r
} t
+ S T EWART TITLE }
} }
+ GUARANTY COMPANY }
} SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND }
} THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY }
t
COMPANY, a corporation of Galveston, Texas, herein called the Company, insures, as of Date of Policy shown in }
Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys'
{ fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by }
} reason of:
} 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; }
} 2. Any defect in or lien or encumbrance on such title; or }
} 3. Lack of a right of access to and from the land. }
41 }
} IN WITNESS WHEREOF, Ste tie Guaranty Company has caused this policy to be signed and sealed by its }
duly authorized officers as f y s n in Schedule A.
+ 4"
STEWART TITLE }
GUARANTY COMPANY
+ Countersigned: _ }
SECURITY ABSTRACT d'q .\��oaPORyrF : �A }
} INSURANCE COMPANY o.
} _ Chairman }
BY-
Authorized Counte gnature President a
t }
} }
c + }
{ SCHEDULE OF EXCLUSIONS FROM COVERAGE +
}
{ The following matters are expressly excluded from the coverage of this policy: }
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
+ prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or }
+ hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect }
of any violation of any such law, ordinance or governmental regulation.
} 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public }
records of Date of Policy.
} 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not }
} known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date }
such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company
t prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) }
attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured
} claimant had paid value for the estate or interest insured by this policy. }
`\ 4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A.
\ Pol cy Serial No. 4 4 2 7 4 /
001
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ALTA OWNER'S POLICY — Amer. .0/17/70
SCHEDULE A
Order No.: 7407 -61 —T Policy No.: 44274
Date of Policy: December 23, 1974 Amount of Insurance: $ 50,000.00
1. Name of Insured:
VILLAGE OF TEQUESTA, FLORIDA
2. The estate or interest in the land described herein and which is covered by this policy is:
Fee Simple
3. The estate or interest referred to herein is at Date of Policy vested in:
VILLAGE OF TEQUESTA, FLORIDA
4. The land referred to in this policy is described as follows:
See Attached.
z E..
Page STEWXP.T TITLE
GUARANTY COMPANY
07 -61 -T
i Attached to and made a part of Stewart Title Guaranty Company Policy No. 44274
Continuation of Schedule "Aft
A Parcel of Land in Section 30, Township 40 South, Range 43 East, Palm Beach
County, Florida: Commencing at the Northwest corner of Section 30, Township
40 South, Range 43 East, Palm Beach County, Florida, thence Southerly along
the West line of said Section 30, a distance of 1320.05 feet to the South
line of the Northwest Quarter of the Northwest Quarter of said Section; thence
along same deflecting to the left, 89 0 40 1 00 11 , a distance of 354.90 feet to
a point on the Easterly Right of Way Line of Old Dixie Highway as now laid
out and in use, said point being the POINT OF BEGINNING of the hereinafter
described parcel; thence continue on the same course, a distance of 962.92
feet; thence to the left, 90 0 13 1 30 ", a distance of 600.79 feet; thence to
the left 89 0 46 1 30 ", a distanceof 310 feet to a point hereinafter referred
to as POINT "A "; thence continue on the same course, a distance of 190 feet;
thence deflecting to the left 90 0 00 1 00 ", a distance of 339.76 feet; thence
deflecting to the right 90 0 00 1 00 ",a distance of 569.89 feet of a point on
the Easterly Right of Way Line of said Old Dixie Highway; thence to the left
112 43 a distance of 283 feet to the POINT OF BEGINNING.
Subject to existing wells owned by Grantee, and electrical service, piping
and storage area owned by Grantee, and to an existing 33 foot American Telephone
and Telegraph Company Easement as now laid out and in use on the above described
Parcel, and,
Subject to further to an assignable and irrevocable easement in gross hereby
reserved by Grantor, in perpetuity, for ingress and egress for the location
of overhead and underground cables (or devices substituted therefor) for the
transmission of communication, electronic signals, and/or electric power or
other utilities and for the maintenance and operation of a TV tower and cable
television head end facility,together with suitable structures for the protection
thereof, and any replacements thereto (which easement shall be fully assignable)
over the following described lands:
Being the North 20 feet of the above described parcel west of a line parallel
to the East line of said parcel and running in a southerly direction for POINT
"A ", together with
Commencing at Point "A" of theabove described parcel; thenceSoutherly, parallel
with the East line of said parcel, a distance of 20 feet to the POINT OF BEGINNING
of the hereinafter described land subject to said Easement; thence tontine
on the same course, a distance of 23 feet; thence - ?�R. RYIyl with the North
line of said parcel, a distance of 230 feet easterly to a point 80 feet West
of the East line of said parcel; thence Southerly, parallel with said East
line of said parcel, a distance of 290 feet; thence Westerly, parallel with
the said. North line of said parcel, a distance of 320 feet; thence Northerly,
parallel with the East line of said parcel, a distance of 290 feet; thence
Easterly, parallel with the North line of said parcel, a distance of 70 feet;
thence Northerly, parallel with the East line of said parcel, a distance of
23 feet; thence Easterly, parallel with the North line of said parcel, a distance
of 20 feet to the POINT OF BEGINNING of said Easement.
Page 2 a
STEWART TITLE
1514 GUARANTY COMPANY
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ALTA OWNER'S POLICY - AMC- ' 10/17/70 ,
SCHEDULE B
Policy No.: 44274
This policy does not insure against loss or damage by reason of the following:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an
accurate survey or inspection of the premises.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
5. Community property, dower, curtesy, survivorship, or homestead rights, if any, of any spouse of
the insured.
6. Any titles or rights asserted by anyone including but not limited to persons, corporations,
governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable
rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as
established or changed by the United States Government or water rights, if any.
7. Reservations contained in Patent from the United States of America or State where the land
described in Schedule A is located.
8. Restrictive Covenants affecting the property described in Schedule A.
9. Taxes for the year 19 74 and thereafter.
10. Right —of —way in favor of American Telephone and Telegraph Company in Deed
Book 809, page 488.
11. Permit in favor of Southern Bell Telephone and Telegraph Company in Official
Record Book 60, page 161.
12. The effect, if any, of the unrecorded sketch attached to the permit in
Official Record Book 60, page 161.
13. Easement Grant from Palm Beach County Cable Television Company to Village of
Tequesta, Florida, as in Official Record Book 1762, page 315.
14. Subject to matters as shown on Right —of —way map of Old Dixie Highway, recorded
in Road Plat Book 5, page 100 to 104, inclusive.
15. Subject to Easements, Restrictions and Reservations contained in the Deed to
the Insured.
16. Zoning ordinances affecting captioned property.
STEWART TITLE
0013 Page 3 GUARANTY COMPANY
CONDITIONS AND STIPULATIONS Conti,._.;d
(continued and concluded from reverse side of Policy Face)
6. DETERMINATION AND PAYMENT OF LOSS if the amount of insurance under this policy was divided
(a) The liability of the Company under this policy pro rata as to the value on Date of Policy of each separate
shall in no case exceed the least of: parcel to the whole, exclusive of any improvements made
subsequent to Date of Policy, unless a liability or value has
(i) the actual loss of the insured claimant; or otherwise been agreed upon as to each such parcel by the
(ii) the amount of insurance stated in Schedule A. Company and the insured at the time of the issuance of this
(b) The Company will pay, in addition to any loss
policy and shown by an express statement herein or by an
insured against by this policy, all costs imposed upon an endorsement attached hereto.
insured in litigation carried on by the Company for such 11. SUBROGATION UPON PAYMENT OR SETTLE -
insured, and all costs, attorneys' fees and expenses in MENT
litigation carried on by such insured with the written Whenever the Company shall have settled a claim under
authorization of the Company. this policy, all right of subrogation shall vest in the
Company unaffected by any act of the insured claimant.
7. LIMITATION OF LIABILITY The Company shall be subrogated to and be entitled to all
No claim shall arise or be maintainable under this rights and remedies which such insured claimant would
policy (a) if the Company, after having received notice of have had against any person or property in respect to such
an alleged defect, lien or encumbrance insured against claim had this policy not been issued, and if requested by
hereunder, by litigation or otherwise, removes such defect, the Company, such insured claimant shall transfer to the
lien or encumbrance or establishes the title, as insured, Company all rights and remedies against any person or
within a reasonable time after receipt of such notice; (b) in property necessary in order to perfect such right of
the event of litigation until there has been a final subrogation and shall permit the Company to use the name
determination by a court of competent jurisdiction, and of such insured claimant in any transaction or litigation
disposition of all appeals therefrom, adverse to the title, as involving such rights or remedies. If the payment does not
insured, as provided in paragraph 3 hereof; or (c) for cover the loss of such insured claimant, the Company shall
liability voluntarily assumed by an insured in settling any be subrogated to such rights and remedies in the proportion
claim or suit without prior written consent of the Com- which said payment bears to the amount of said loss. If loss
should result from any act of such insured claimant, such
pany. act shall not void this policy, but the Company, in that
8. REDUCTION OF LIABILITY event, shall be required to pay only that part of any losses
insured against hereunder which shall exceed the amount, if
All payments under this policy, except payments made any, lost to the Company by reason of the impairment of
for costs, attorneys' fees and expenses, shall reduce the the right of subrogation
amount of the insurance pro tanto. No payment shall be 12. LIABILITY LIMITED TO THIS POLICY
made without producing this policy for endorsement of
such payment unless the policy be lost or destroyed, in This instrument together with all endorsements and
which case proof of such loss or destruction shall be other instruments, if any, attached hereto by the Company
furnished to the satisfaction of the Company. is the entire policy and contract between the insured and
the Company.
9. LIABILITY NONCUMULATIVE Any claim of loss or damage, whether or not based on
It is expressly understood that the amount of insurance negligence, and which arises out of the status of the title to
under this policy shall be reduced by any amount the the estate or interest covered hereby or any action asserting
Company may pay under any policy insuring either (a) a such claim, shall be restricted to the provisions and
mortgage shown or referred to in Schedule B hereof which conditions and stipulations of this policy.
is a lien on the estate or interest covered by this policy, or No amendment of or endorsement to this policy can be
(b) a mortgage hereafter executed by an insured which is a made except by writing endorsed hereon or attached hereto
charge or lien on the estate or interest described or referred signed by either the President, a Vice President, the
to in Schedule A, and the amount so paid shall be deemed a Secretary, an Assistant Secretary, or validating officer or
payment under this policy. The Company shall have the
option to apply to the payment of any such mortgages any authorized signatory of the Company.
amount that otherwise would be payable hereunder to the 13. NOTICES, WHERE SENT
insured owner of the estate or interest covered by this All notices required to be given the Company and any
policy and the amount so paid shall be deemed a payment statement in writing required to be furnished the Company
under this policy to said insured owner. shall be addressed to it at its main office, P. 0. Box 2029,
Houston, Texas 77001.
10. APPORTIONMENT 14. The premium specified in Schedule A is the entire
If the land described in Schedule A consists of two or charge for acceptance of risk. It includes charges for
more parcels which are not used as a single site, and a loss is title search and examination if same is customary or
established affecting one or more of said parcels but not all, required to be shown in the state in which the policy is
the loss shall be computed and settled on a pro rata basis as issued.
Valid Only If Schedules A and B are Attached. S T E `VA R T T I T L E
GUARANTY COMPANY