HomeMy WebLinkAboutProperty_Deed_01/06/1992 (2) . . . FUND OWNER'S FORM • •
Schedule B
PO11Cy NO.: OPM-375638
This policy does not insure against loss or damage by reason of the following exceptions:
1. Taxes for the year of the effective date of this policy or guarantee and taxes or special assessments which are not
shown as existing liens by the public records.:
2. Rights or claims of parties in possession not shown by the public records.
3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate
survey and inspection of the premises.
4. Easements or claims of easements not shown by the public records.
5. 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.
6. Items 1 through 5, above are herebp deleted.
7. SEE SCHEDULE "B" ATTACHED
* All references are to Public Records of Palm Beach County, Florida.
FUND Form OPM — SCH. B
OPM 375638
Schedule "A"
Item #3:
Schedule A
PARCEL 1 & 2
A parcel of land lying in the Northeast Quarter of the Southeast Quarter of
Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida,
being more particulary bounded as follows:
On the West by the East line of the West 476.25 feet of the West 635.00
feet; On the North by the South line of the North 120.00 feet of the South
260.00 feet of the North 390.00 feet; On the East by the West Right-of-Way
line of Seabrook Road, as now laid out and in use; And on the South by the
South line of the North 130.00 feet of the South 260.00 feet of the North
390.00 feet of said Section 25.
PARCEL 3
The East 79.37 feet of the West 476.25 feet of the West 635.00 feet of the
South 10.00 feet of the North 130.00 feet of the South 260.00 feet of the
North 390.00 feet of the Northeast Quarter of the Southeast Quarter of
Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida.
Containing in all 793.7 square feet, more or less.
PARCEL 4
The East 79.37 feet of the West 396.87 feet of the West 635.00 feet of the
South 10.00 feet of the North 130.00 feet of the South 260.00 feet of the
North 390.00 feet of the Northeast Quarter of the Southeast Quarter of
Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida.
Containing in all 793.7 square feet, more of less.
PARCEL 5
The East 79.38 feet of the West 317.50 feet of the West 635.00 feet of the
South 10.00 feet of the North 130.00 feet of the South 260.00 feet of the
North 390.00 feet of the Northeast Quarter of the Southeast Quarter of
Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida.
Containing in all 793.8 square feet, more or less.
PARCEL 6
The East 79.37 feet of the West 238.12 feet of the West 635.00 feet of the
South 10.00 feet of the North 130.00 feet of the South 260.00 feet of the
North 390.00 feet of the Northeast Quarter of the Southeast Quarter of
Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida.
Containing in all 793.7 square feet, more or less.
OPM 375638
Schedule "A"
Item #3: Schedule "A"
Continued - Page 2
PARCEL 7
A parcel of land lying in the Northeast Quarter of the Southeast Quarter of
Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida,
being more particulary described as follows:
Commence at the Northwest corner of said Northeast Quarter of the Southeast
Quarter; thence South 00 00'35" West along the West line of said Northeast
Quarter of the Southeast Quarter, a distance of 260.00 feet to a point:
thence South 89 59'07" East, a distance of 79.37 feet to the radius point
of a curve concave to the Southwest having a radius of 30.00 feet and a
central angle of 50 29'02" and the Point of Beginning of the hereinafter
described parcel; thence radially, North 00 00'35" East, a distance of
30.00 feet to a point on the arc of said curve; thence Easterly and
Southeasterly along the arc of said curve, a distance of 26.43 feet to the
beginning of a reverse curve concave to the North having a radius of 25.00
feet and a central angle of 50 28' 44" ; thence Easterly along the arc of
said curve a distance of 22.03 feet to the point of tangency; thence South
89 59'07" East, a distance of 36.95 feet to a point; thence South 00 00'35"
West, a distance of 10.00 feet; thence North 89 59'07" West, a distance of
79.38 feet to the Point of Beginning.
Bearings cited herein are based on the Plat of Tequesta Pines, as recorded
in Plat Book 34, Page 84, of the Public Records of Palm Beach County,
Florida.
Containing in all 1233.2 square feet, more or less. '
PARCEL 8
A parcel of land lying in the Northeast Quarter of the Southeast Quarter of
Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida,
being more particulary described as follows:
Commence at the Northwest corner of said Northeast Quarter of the Southeast
Quarter; thence South 00 00'35" West along the West line of said Northeast
Quarter of the Southeast Quarter, a distance of 260.00 feet to a point:
thence South 89 59'07" East, a distance of 79.37 feet to the radius point
of a curve concave to the Southeast having a radius of 30.00 feet and a
central angle of 89 59'42" and the Point of Beginning of the hereinafter
described parcel; thence radially, North 89 59'07" West, a distance of
30.00 feet to a point on the arc of said curve; thence Northerly and
Easterly along the arc of said curve, a distance of 47.12 feet; thence
radially South 00 00'35" West, a distance of 30.00 feet to the Point of
Beginning.
Bearings cited herein are based on the Plat of Tequesta Pines, as recorded
in Plat Book 34, Page 84, of the Public Records of Palm Beach County,
Florida.
Containing in all 706.8 square feet, more or 1ess.
OPM 375638
Schedule "A"
Item #3: Schedule "A"
Continued - Page 3
PARCEL 9
A Parcel of land lying in the Northeast Quarter of the Southeast Quarter of
Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida,
being more particulary described as follows:
Commence at the Northwest corner of said Northeast Quarter of the Southeast
Quarter; thence South 00 00'35" West along the West line of said Northeast
Quarter of the Southeast Quarter, a distance of 260.00 feet to a point:
thence South 89 59'07" East, a distance of 79.37 feet to the radius point
of a curve concave to the Northeast having a radius of 30.00 feet and a
central angle of 90 00'18" and the Point of Beginning of the hereinafter
described parcel; thence radially, North 89 59'07" West, a distance of
30.00 feet to a point on the arc of said curve; thence Southerly and
Easterly along the arc of said curve, a distance of 47.13 feet to a point;
thence radially North 00 00'35" East, a distance of 30.00 feet to the Point
of Beginning.
Bearings cited herein are based on the Plat of Tequesta Pines, as recorded
in Plat Book 34, Page 84, of the Public Records of Palm Beach County,
Florida.
Containing in all 706.9 square feet, more or less.
PARCEL 11
The East 79.37 feet of the West 238.12 feet of the West 635.00 feet of the
North 10.00 feet of the South 130.00 feet of the South 260.00 feet of the
North 390.00 feet of the Northeast Quarter of the Southeast Quarter of
Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida.
Containing in all 793.7 square feet, more or less.
PARCEL 12
The East 79.38 feet of the West 317.50 feet of the West 635.00 feet of the
North 10.00 feet of the South 130.00 feet of the South 260.00 feet of the
North 390.00 feet of the Northeast Quarter of the Southeast Quarter of
Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida.
Containing in all 793.8 square feet, more or less.
PARCEL 13
The East 79.37 feet of the West 396.87 feet of the West 635.00 feet of the
North 10.00 feet of the South 130.00 feet of the South 260.00 feet of the
North 390.00 feet of the Northeast Quarter of the Southeast Quarter of
Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida.
Containing in all 793.7 square feet, more or lesso
OPM 375638
Schedule "A"
Item #3: Schedule "A"
Continued - Page 4
PARCEL 14
The East 79.38 feet of the West 476.25 feet of the West 635.00 feet of the
North 10.00 feet of the South 130.00 feet of the South 260.00 feet of the
North 390.00 feet of the Northeast Quarter of the Southeast Quarter of
Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida.
Containing in all 793.8 square feet, more or less.
OPM-375638
Schedule B
Item #7, Schedule "A"
EX�EPTIONS TO TITLE POLICY
As to Parcel 12:
l. That ce�tain Easement to Perry Cable TV and recorded in Official
Record Book 4996, page 1645, Public Records of Palm Beach County, Florida.
As to all Parcels; 1 through 12:
• 2. Right-of-Way Deed to Palm Beach County, dated September l, 1928
and recorded in Deed Book 484, Page 401, Public Records of Palm Beach
County, Florida.
3. Easement over and across the North 10 feet of the subject
properties for ingress and egress to a county road, as reserved in that
certain Deed recorded in Official Records Book 610, Page 459, Public
Records of Palm Beach County, Florida.
4. Easement from John Roderick, Katherine M. Roderick, Conrad
Miller, Nellie Miller, George Pile, Mary Pile, and the Village of Tequesta
to Northco Construction, Inc. and the Village of Tequesta, recorded in
Official Records Book 4882, Page 1794, Public Records of Palm Beach County,
Florida and as thereafter modified at Official Records Book 5745, Page 590,
Public Records of Palm Beach County, Florida.
5. Easement from Northco Construction, Inc., to Florida Power and
Light Company recorded in Official Records Book 4935, Page 1636 and
Official Records Book 4935, Page 1637, Public Records of Palm Beach County,
Florida.
6. Easemen from Robert G. Albee, individually and as trustee and
George W. Rochete to the Village of Tequesta, as recorded in Official
Records Book 3256, Page 1981, Public Records of Palm Beach County, Florida.
7. As to Parcel 14, reservations, restrictions and easements in Deed
recorded in Official Records Book 4992, Page 959, Public Records of Palm
Beach County, Florida.
. Conditions and Stipulations
1. Definition of Terms insured, and The Fund may take any appropriate action
The following terms when used in this policy mean: under the terms of this policy, whether or not it shall be liable
(a) "insured": the insured named in Schedule A, and, thereunder, and shall not thereby concede liability'or waive
- subject to any rights or defenses The Fund may have had any provision of this policy.
against the named insured, those who succeed to the interest (d) Whenever The Fund shall have brought any action or
of such insured by operation of law as distinguished from interposed a defense as required or permitted by the
purchase including, but not limited to, heirs, distributees, provisions of this policy, T'he Fund may pursue any such
devisees, survivors, personal representatives, next of kin, or litigation to final determination by a court of competent juris-
corporate or fiduciary successors. diction and expressly reserves the right in its sole discretion,
(b) "insured claimant": an insured claiming loss or damage to appeal from any adverse judgment or order.
hereunder. (e) In all cases where this policy permits or requires The
(c) "knowledge": actual knowledge, not constructive Fund to prosecute or provide for the defense of any action or
knowledge or notice which may be imputed to an insured by proceeding, the insured hereunder shall secure to The Fund
reason of any public records. the right to so prosecute or provide defense in such action or
(d)'land": the land described, specifically or by reference in proceeding, and all appeals therein, and permit The Fund to
Schedule A, and improvements affixed thereto which by law use, at its option, the name of such insured for such purpose.
constitute real property; provided, however, the term'land" Whenever requested by The Fund, such insured shall give
does not include any property beyond the lines of the area The Fund all reasonable aid in any such action or proceeding,
specifically described or referred to in Schedule A, nor any in effecting settlement, securing evidence, obtaining wit-
right, title, interest, estate or easement in abutting streets, nesses, or prosecuting or defending such action or proceeding,
roads, avenues, alleys, lanes, ways or waterways, but nothing and 'I'he Fund shall reimburse such insured for any expense
herein shall modify or limit the extent to which a right of so incurred.
access to and from the land is insured by this policy. 4. Notice of Loss — L'unitation of Action
(e) "mortgage": mortgage, deed of trust, trust deed, or other In addition to the notices required under paragraph 3(b) of
security instrument. these Conditions and Stipulations, a statement in writing of
(fl "public records": those records which by law impart any loss or damage for which it is claimed The Fund is liable
constructive notice of matters relating to said land. under this policy shall be furnished to The Fund within 90
2. Continuation of Insurance After Conveyance of Tifle days after such loss or damage shall have been determined
The coverage of this policy shall continue in force as of and no right of action shall accrue to an insured claimant until
Effective Date of policy in favor of an insured so long as � days after such statement shall have been furnished. Fail-
such insured retains an estate or interest in the land, or holds ure to furnish such statement of loss or damage shall
an indebtedness secured by a purchase money mortgage terminate any liability of The Fund under this policy as to
given by a purchaser fxom such insured, ox so long as such such loss or damage.
insured shall have liability by reason of covenants of warranty 5. Options To Pay or Otherwise Settle Claims
made by such insured in any transfer or conveyance of such The Fund shall have the option to pay or otherwise settle
estate or interest; provided, however, this policy shall not for or in the name of an insured claimant any claim insured
continue in force in favor of any purchaser from such insured against or to terminate all liability and obligations of The Fund
of either said estate or interest or the indebtedness secured by hereunder by paying or tendering payment of the amount of
a purchase money mortgage given to such insured. insurance under this policy together with any costs,
3. Defense and Prosecution of Actions — Notice of Claim attorneys' fees and expenses incurred up to the time of such
To Be Given by an Insured Claimant payment or tender of payment, by the insured claimant and
(a) The Fund, at its own cost and without undue delay, shall authorized by The Fund.
provide for the defense of an insured in all litigation consisting 6. Determination and Payment of Loss
of actions or proceedings commenced against such insured, or (a) The liability of The Fund under this policy shall in no
a defense interposed against an insured in an action to enforce case exceed the least of:
a contract for a sale of the estate or interest in said land, to the (i) the actual loss of the insured claimant; or
extent that such litigation is founded upon an alleged defect, (ri) the amount of insurance stated in Schedule A
lien, encumbrance, or other matter insured against by this (b) The Fund will pay, in addition to any loss insured
policy. against by this policy, all costs imposed upon an insured in
(b) The insured shall notify The Fund promptly in writing litigation carried on by The Fund for such insured, and all
(i) in case any action or proceeding is begun or defense is costs, attorneys' fees and expenses in litigation carried on by
interposed as set forth in (a) above, (ri) in case knowledge shall such insured with the written authorization of The Fund.
come to an insured hereunder of any claim of title or interest (c) When liability has been definitely fixed in accordance
which is adverse to the title to the estate or interest as insured, with the conditions of this policy, the loss or damage shall
and which might cause loss or damage for which The Fund be payable within 30 days thereafter.
may be liable by virtue of this policy, or (iu) if title to the estate � Llmltahon of Liability
or interest, as insured, is rejected as unmarketable. If such No claim shall arise or be maintainable under this policy
prompt notice shall not be given to The Fund, then as to such �a) if The Fund, after having received notice of an alleged
insured all liability of The Fund shall cease and terminate in defect, lien or encumbrance insured against hereunder, by
regard to the matter or matters for which such prompt notice litigation or otherwise, removes such defect, lien or encum-
is required; provided, however, that failure to notify shall in brance or establishes the title, as insured, within a reasonable
no case prejudice the rights of any such insured under this time after receipt of such notice; (b) in the event of litigation
policy unless The Pund shall be prejudiced by such failure and until there has been a final determination by a court of compe-
then only to the extent of such prejudice. tent jurisdiction, and disposition of all appeals therefrom,
(c) The Fund shall have the right at its own cost to institute adverse to the title, as insured, as provided in paragraph 3
and without undue delay prosecute any action or proceeding hereof; or (c) for liability voluntarily assumed by an insured in
or to do any other act which in its opinion may be necessary or settling any claim or suit without prior written consent
desirable to establish the title to the estate or interest as o f The Fund.
CONDTTIONS AND STIPULATIONS (continued on reverse side)
CONDITIONS AND STTPULATIONS (continued)
8. Reduction of Liability policy, all right of subrogation shall vest in The Fund
All payments under this policy, except payments made unaffected by any act of the insured claimant. The Fund shall
for costs, attorneys' fees and expenses, shall reduce the be subrogated to and be entitled to all rights and remedies
amount of the insurance pro tanto. No payment shall be made which such insured claimant would have had against any
without producing this policy for endorsement of such person or property in respect to such claim had this policy
payment unless the policy be lost or destroyed, in which not been issued, and if requested by The Fund, such insured
case proof of such loss or destruction shall be furnished to the claimant shall transfer to The Fund all rights and remedies
satisfaction of The Fund. against any person or property necessary in order to perfect
9. Liability Noncumulative such right of subrogation and shall permit The Fund to use
It is expressly understood that the amount of insurance the name of such insured claimant in any transaction or
under this policy shall be reduced by any amount The litigation involving such rights or remedies. If the payment
Fund may pay under any policy insuring either (a) a does not cover the loss of such insured claimant, The Fund
mortgage shown or referred to in Schedule B hereof which is a shall be subrogated to such rights and remedies in the propor-
lien on the estate or interest covered by this policy or (b) a tion which said payment bears to the arnount of said loss. If
mortgage hereafter executed by an insured which is a charge loss should result from any act of such insured claimant, such
or lien on the estate or interest described or referred to in act shall not void this policy, but The Fund, in that event,
Schedule A, and the amount so paid shall be deemed a pay- shall be required to pay only that part of any losses insured
ment under this policy. The Fund shall have the option to against hereunder which shall exceed the amount, if any, lost
apply to the payment of any such mortgages any amount that to The Fund by reason of the impairment of the right of
otherwise would be payable hereunder to the insured owner subrogation.
of the estate or interest covered by this policy and the 12. Liability Limited to This Policy
amount so paid shall be deemed a payment under this policy This instrument together with all endorsements and other
to said insured owner. instruments, if any, attached hereto by The Fund is the entire
10. Apportionment policy and contract between the insured and The Fund.
If the land described in Schedule A consists of two or more Any claim of loss or damage, whether or not based on
parcels which are not used as a single site, and a loss is negligence, and which arises out of the status of the title to the
established affecting one or more of said parcels but not all, estate or interest covered hereby or axiy action asserting such
the loss shall be computed and settled on a pro rata basis as if claim, shall be restricted to the provisions and conditions and
the amount of insurance under this policy was divided stipulations of this policy.
pro rata as to the value on Effective Date of policy of each No amendment of or endorsement to this policy can be
separate parcel to the whole, exclusive of any improvements made except by writing endorsed hereon or attached hereto
made subsequent to Effective Date of policy, unless a signed by either the President, a Vice President, or agent of
liability or value has otherwise been agreed upon as to each �e Fund.
such parcel by The Fund and the insured at the time of the 13. Notices, Where Sent
issuance of this policR� and shown by an express state- p]1 notices required to be given The Fund and any state-
ment herein or by an endorsement attached hereto. ment in writing required to be furnished The Fund shall be
11. Subrogation Upon Payment or 5ettlement addressed to its principal office at Post Office Box 628600,
Whenever The Fund shll have settled a claim under this Orlando, Florida 32862-5600.
About your policy . . .
This policy provides valuable title protection You should keep it in a safe place where it will be readily available for fu[ure
reference There is no recurring premium.
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