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Home My WebLink AboutVariance Appl. & Sup. Docs.City of Cape Canaveral VARIANCE Information Sheet Description of Request: (Insure that the specific Code sections of the zoning ordinance that allow and support your request are noted). If necessary, attach separate sheet. Sec. D.1±oche.d Address of request: l ll Oo.~ \ ().(\<:.. Owe. Qf))p\le.< o.\ fl 32.9 ZO I I Name of Project (if applicable): _).1...----_/ __ fi....--------------- Legal description : Lot(s)~.2~ Block ___ SubdivisionTeu.\-005 ' Section ~ Township 3-=1 Range_l._4-+--- FLU and Zoning designations: £LU'. R~lOenhl ) Zroin~ ·-~side.nlo.l Statement of Fact: I, d()'n(\ U\5 C'f\O((. , be ing duly sworn , depose and say that: __ I am the property owner. ~ I am the owner(s) designated agent. (attach notarized letter of authorization). Owner(s) Name: ~(= Mailing Address: =t ~=== :cc.Ye.. ~m\ 1 fl 329 20 Phone number(s): _____________________ _ Email(s): ________________________ _ Designated Agent Information (if applicable): Name of Designated Agen~ ~~ ~\~ Mailing Address: Z b L\O~ == ~=s~\e. ~c\\iolX'oc ti 3lCJOLj ' \ Phone number(s): 3 2\ l\ 03 3 L b3 Variance Application -01/2015 Page 3 City of Cape Canaveral VARIANCE Instruction Sheet A pre-application meeting with the Community Development Planner is required prior to completion and submittal of a Variance application. The Variance shall be prepared in compliance with the requirements of Chapter 110, Sections 110-36 & 110-37 of the Code. To access the Code, visit http://www.cityofcapecanaveral.org, highlight City Departments, highlight City Clerk, click on City Code of Ordinances; click on h ttp://www.municode.com and then click on Cape Canaveral Code of Ordinances. This application packet must be completed , legible and submitted with all required documents referred to herein, to the City of Cape Canaveral , Community Development Department, 110 Polk Avenue, PO Box 326, Cape Canaveral, FL 32920. You and/or your representative are required to attend the meetings in which your request will be considered. You will be notified of the dates and times of meetings. Meetings are held at the Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, FL 32920, unless otherwise stated. The following items must be included for there to be a complete and reviewable submittal. If all items are not included at time of submittal , the application will not be accepted . VARIANCE Submittal Checklist 1.__L.completed application & worksheet. 2._2.(_Power of Attorney, if applicant is not the owner. 3._~.Payment of application fee and escrow deposit. 4.__2(_Radius package from Brevard County, including: a radius map, three (3) lists of properties located within 500 ft. of the subject property; one (1) set of mailing labels (instructions on page 6). 5.L Property survey showing legal description and subject property boundaries. 6.-Acopy of recorded deed or Opinion Title for subject property. Variance Application - 01/2015 Page 2 Email(s): Qccool:>e.o.ch \13~ .. o.o\ . Corn City of Cape Canaveral VARIANCE Information Sheet -Cont'd I hereby attest that all information, sketches and data contained and made part of this request are honest and true to t best of my knowledge and belief. l 9 day of _J_u~\\/~--- 20 \b by , ~is personally known , or Notary Seal: ...... -::..;.~•:P.~•i:.,. BRANDY DENISE TORRES . .,o.A..,. H . );) MY COMMISSION #FF084703 \~ .. £_/ EXPIRES January 21, 2018 .. ~o.~ .. "·· .... ·;;:;"~1... FlorlelaNot11rvServlce.com (407) :i ............ Variance Application -01/2015 Page4 AUTHORIZATION TO ACT AS APPLICANT I, Patrick T. Lee as President of Sheropa LLC, authorize John Dismore to act as applicant, Representing me, in Public Hearings before the City of Cape Canaveral pertaining to Land Use issues, including but not limited to Patrick T. Lee President Sheropa LLC STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this.2{__day of k 2016 by Patrick T. Lee Driver License number L000-678-50-347-0 O f """"'" ~~•·' ••.:~« MARY GAL 0 ~\ Commission# FF 29265 ~~I My Commission Expires ::I.::.~~* June 19, 2017 NOTARY PUBLIC My commission expires: r f~,2.ol] City of Cape Canaveral VARIANCE Application & Worksheet Variances are to be authorized where they are not contrary to the public interest and where, due to special conditions, a literal enforcement of the terms of the Ordinance would result in unnecessary hardship. The Ordinance sets forth specific conditions which must all be demonstrated by the applicant before the Board empowered to grant the Variance. If the applicant cannot satisfactorily address all of the following, this should serve as a preliminary indication that the application may be rejected. The conditions are as follows and items (A) through (F) must be answered in full. (City Code Section 110-62). A. That special conditions and circumstances exist, which are unique to the land , structure or building involved and are not applicable to other lands, buildings or structures in the same district. See attached B. That literal interpretation of the provisions of the Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would put unnecessary and undue hardship on the applicant. See attached C. That the special conditions and circumstances referred to in item (A) above do not result from the actions of the applicant. See attached Variance Application -01/2015 Page 5 City of Cape Canaveral VARIANCE Application & Worksheet -Cont'd D. That granting the Variance requested will not confer on the applicant any special privileges that are denied by the Ordinance to other lands, structures or building in the same district. See attached E. That the reasons set forth in the application justify the granting of the Variance, and that the Variance, if granted, is the minimum that would make possible use of the land, building or structure. See attached F. That the granting of the Variance will be in harmony with the general intent and purpose of the Zoning Code and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. See attached While these conditions may seem unduly harsh and stringent to the individual applicant, it must be remembered that the Zoning Ordinance was enacted for the benefit of the community as a whole and requires an organized and controlled pattern of the community's development. It should be noted that the difficulties or hardships relied upon must be unique to that particular property (e.g. peculiar lot shape) not general in character, since difficulties or hardships shared with others in the area go to the reasonableness of the zoning generally, and will not support a Variance. If the hardship is one that is common to that area, the remedy is to seek a change of the zoning classification for the neighborhood. Variance Application -01/2015 Page 6 APPLICANT & WORKSHEET-VARIANCE FOR 127 OAK LANE/ SHERPA LLC Response to questions: A. That special conditions and circumstances exist, which are unique to the land, structure, or building involved and are not applicable to the other lands, buildings or structures in the same district. On 6/28/2016 the applicant purchased four lots on Oak Lane. The applicant received a title policy for the four lots as well as recored deed. The applicant had a survey done on all the lots that reflected the dimensions of the property as stated in the deed and the title policy. Turnkey Construction permitted a single family residence that met all setbacks according to our deed, survey and title policy. B. That the literal interpretation of the provisions of the zoning ordinance would deprive the applicant of the rights commonly enjoyed by other properties in the same zoning district and would put unnecessary and undue hardship on the applicant. After starting construction on the house, about the time trusses were being installed, we were presented with a survey from people that were considering the purchase the home next door ( 123 Oak Lane.) They stated that our rear property stake was on the lot they were considering. At this time we contacted our survey company (Walker Land Surveying, Inc) and asked them to check the survey. John Walker checked our survey and stated it matched our deed .. in which case it did indeed. At this point Turnkey Construction proceeded on with the construction process. On January 19,2016 the survey company (Riehl Reliable) that had been hired by the property owners next door (123 OakLane) called Walker Land Surveying and also emailed John Walker a copy of his survey showing overlapping survey. During this time the construction on the house had already passed the electrical rough, mechanical rough and shingles had been installed. If their survey is correct then our setback is roughly 4ft rather than the 8th the city requires. This creates the hardship. C. That the special conditions and circumstances referred to in item (A) above do not result from the actions of the applicant. The applicants not responsible for the overlapping survey that concert with the deed, Title policy and survey. D. That granting the variance requested will not confer on the applicant any special privileges that are denied by the ordinance to other lands, structures or building in the same district. We can not comply with the setbacks set at Bft at this point. We have offered to to purchase the the portion of the lot next door to rectify the situation. The new owners of 123 Oak lane have no interest in selling a portion of the lot for what we feel is more than a fair offer. E. That the reason set fourth in the application justify the granting of the variance, and that the variance, if granted, is the minimum that would make possible use of the land, building or structure. The variance we are seeking is the bare minimum and without the variance the applicant will not be able to complete the construction and CO the house. City of Cape Canaveral VARIANCE Application Fee Sheet " -7-5 -lb Date: _ ___}_ 1 _ _!_~_,,,,_,L__~~--- Application Submittal Fee - VARIANCE ...................................................................... . ............. $250.00 Variance Application -01/2015 Total Application Fee: = $ c.Qso · 6 O IO)~~~a~~D ~' JUL 2 6 2016_ \VJ COM. DEV. DEPT J I Jjbjf c..10.011 11 U .t ll. "l!J • 011 M OU t ~~0.00 Page 8 City of Cape Canaveral VARIANCE Radius Package Instructions Order the "Radius Package" from the Brevard County Planning & Development Department, Graphics Division, located at the Central Brevard County Property Appraiser's Office , Brevard County Government Center, 2725 Judge Fran Jamieson Way, Bldg. A, Room 114, Viera, Florida, 32940. Office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except on holidays. Instructions: To order a radius package contact: the Graphics Division at (321) 633-2060, or by Email: joanne.adams@brevardcounty.us. You will need the subject property(s) tax ID number, address or parcel ID. The radius package will include two lists of properties located within the 500 ft. boundaries of the subject property; and one (1) set of mailing labels. You will be contacted when your radius package is ready for pick-up or mailed . The cost is $40.00. Brevard County will accept payment in the form of cash or check made payable to the Brevard County Board of County Commissioners, and credit or debit cards (except VISA). Submit the complete radius package to Dave Dickey, Community Development Director for further processing of your request. Variance Application -01/2015 Page 7 , ' . LEGAL DESCRIPTION: SKETCH OF SURVEY " C/L -r-=-- 24,0' ..•. JA.a· ONE STORY 0-2· CBS OV!SIO£ Ci 443 WASHMiTON AVE. It) lfi .... N ~ ~ CONC. ·~ ~ 0 .n It) ,_ ;., 9 !" ... 0 z LOT 3 BLOCK 4 ~ ll!· e.2' 1.2· 0.J' N'SIOC Ci I() iri N .... ~ s ~ !ti ;., 9 :-i 0 u; 1.0· t/2• AOO NO CAP LEGEND: 0 Set S/8" Iron , ...... w;\I\ """ f 6484 • f~nd WOfl r«Ht. 1111• otld oop , 0 Set 4• • 4• .,.,..,.eta ,,,_...t ""'" cop f Me• • roe.utd concrete "'°""mtwtt. llH ond ld"'llllcot'°" I A Set nOfl and dittllc Utiltl•t ond Dr ...... :S. No u<>dor11tMICI ullltln "' l'ne>r_,,..,t, -• IOCoted ""'-otllenolw t11own. 4. Ul'I-ol>\enrW nol8d. ony ..... t .... s _.., "'" bos6d °" 11.C.V. Oolum of 11129. ·-to 9.11. I 5. e-~· -'*-"'" 1>oee<1 ... the Sout11 ff/W tin. of WASHINGTON AVENUE 0 ... 9 (AST oc<:0<d"9 to tM l>IOt dffcfll>l!d hcf-. ono may not be o Tr .. Nortl\ AJ•mutt.. ---, 2~0· 2s.o· .. • • ; ... . . BOUNDARY SU RVEY SEAN FITZGERALD I hO<Ol>Y c•llty !Nit ll>e ...._ _.., ...,. ... lo live --.oct to IN l>Ht of my ti~ Ol'td ~ OOMd ., oclud ~•• 1'*4" In ttiie ...... 1111-..,,,..y ...,..b U.t Nlnlmum T""Mlcol St ... -ds n M1 loftl\ by ti!• noM4o 8Ht'CI or ~ 'lot' ~ lft O.tw 11 C 11-1. ,,,.,, ... Actm.,,lettotlv• Code. purwo~t S.CUon 472.027, fh:arido Stotvt ... -tr llCMS lMl -----"' .. -IXtllt[1) ------iPCllO<. ""'1 Cit -IS rot -~--· -ISIODl"1l.ll. Bl ILl>I'$, 1)1 RE "()RD A OTIC ~, ()F C()MME CEME1 T 1A / RE. 'l LT I T '() JI P1 'I (; T VICE F() ~ IMPR()V~_,MENTS TO \'()UR PR()PERT 1 1~ () . 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I llHH \I \\ Bl \01)1110 \I H I I RH 110 \l'l'I H \HI I 10 1111 l'ROl'I 1n' 111 \I \.I\\ Br I Ol I) I'\ ! !!I Pl Bl I( RI ( ·rnrn or 1111 ( Ol I ' \ I> 1111 HI \I\\ Bl \l>l>l I l<l \I l'I R\1 11 Rl()lllffDIRO\IOll IR<.0\'11{1\\H 1\1 l'\lrtll" \l<il \'-\\\llR I·\ \<.I 11 l DI llttc II.,. 1\11 \Ll·'\(11 \,01< ~:~·~:="·'iO' ' Csnslr~~ PE R.·r1 1 O:~ n. < .:1Bl<l!!.lkpl.h111ml'I Rl\11'1 llAIU>< "IU) CFN 2013154686, OR BK 6921 Page 2632, Recorded 07/12/2013 at 01:48 PM, Scott Ellis, Clerk of Courts, Brevard County Doc. D: $875.00 ;,· Prepar~d'hy: Michele Brenner Landmark Title Agency, Inc. 400 East Merritt Avenue, Suite D Merritt Island, Florida 32953 File Number: 13-11873 A Made this June 26, 2013 A.D. By General Warranty Deed ANTHONY FlLLICHIO and CATHERIN!!: Fll,LJCHJO, husband and wife, whose mailing address is: 6 Minnetonka Road, Se.a Ranch Lakes, FL 33308, hereinafter called the grantor, to : SHEROPA, LLC, a Florida Limited Liability Company whose post office address is: 400 Harbor Drive, Cape Canaveral, FL 32920, hereinafter called the grantee: (Whenever used herein the tenn "grantor" and "grantee" include all the parties lo this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the ~ntor, 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 Brevard County, Florida, viz: SEE EXHIBIT "A" FOR LEGAL DESCRIPTION ATIACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. THE PROPERTY HEREIN DESCRIBED IS VACANT AND UNrMPROYED LANO. Parcel ID Number: 24-37-14028-AIO; 24-37-14-28-A25; 24-37-14-28-A26 and 24-37-14-28-A27. 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, 2013. 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: ~C~FL.333~8 atl-(,f...v.<.,~ _,(:_~ (Seal) (Seal) CA THERINE FILLICmo Address: 6 Minnetonka Road, Sea Ranch Lakes, FL 33308 State of Florida County of "M, W II.fol The foregoing instrument was acknowledged before me.this U day of June, 2013, by ANTHONY FJLLICHIO and CATHERINE FlLLlCHIO, husband and wife, who is/are personally known to me or who has produced as identification. ------ DEED Individual W81l1Ulty Deed with Legal on Schedule A N~tary Public <Si::<Lvr {Jr.-L,,_ Prmt Namt:. ______ "--_-~l•r_ '------- My Commission Espira: __ ---lF STARR PATON llY COllllSSIOll 1 EE863285 EXPIRES: January 8, 2017 -ThruNcayPubktJnde<wrilel> OR BK 6921 PG 2633 Ci . . ~: @ ~·cago 1itle lllSurafice wmpaoy ., . ! Parcel# 1 EXHIBIT "A" Order No.: 4407995 Customer Reference: 13-11873 A Commence at the Northeast corner of Lot B, according to the Plat of Tutens Subdivision recorded in Plat Book 1, page 22, of the Public Records of Brevard County, Florida. Thence run S.00° 54'2g" E along the East line of said Lot B, a distance of 66.00 feet, thence run N.8g0 38'33"W and parallel to the North line of said Lot B, a distance of 510.10 ft. to the Point of Beginning; Thence continue along said line a distance of ao .. oo feet, thence run N.00° 54'2g" W a distance of 12a.50 feet, thence run sago 33" Ea distance of ao.oo feet, thence run S.00° 54'2g" Ea distance of 128.50 feet to the Point of Beginning. · Parcel# 2 Commence at the Northeast corner of Lot B, according to the Plat of Tutens Subdivision recorded in Plat Book 1, page 22, of the Public Records of Brevard County, Florida. Thence run S.00° 54'2g" E along the East line of said Lot B, a distance of 66.00 feet, thence run N.8g0 3a'33" W and parallel to the North line of said Lot B, a distance of 5go.10 feet to the Point of Beginning; Thence continue along said line a distance of 116.20 feet, thence run N. 00° 54' 2g" W a distance of 12a.5o feet, thence run S. ago 3a'33"E a distance of 116.20 feet, thence run S. 00° 54'2g" Ea distance of 12a.5o feet to the Point of Beginning. Parcel# 3 Commence at the Northeast corner of Lot B, according to the Plat of Tutens Subdivision recorded in Plat Book 1, page 22, of the Public Records of Brevard County, Florida. Thence run S. 00° 54'2g" E along the East line of said Lot B, a distance of 66.00 feet, thence run N. ago 3a'33" W and parallel to the North line of said Lot B, a distance of 706.30 feet to the Point of Beginning; Thence continue along said line a distance of ao.oo feet, thence run N. 00° 54•2g0 W a distance of 12a.5o feet, thence run S. 8g0 3a'33" Ea distance of ao.oo feet, thence run S.00° 54'2g" E a distance of 12a.5o feet to the Point of Beginning. Parcel# 4 Commence at the Northeast corner of Lot B, according to the Plat of Tutens Subdivision recorded in Plat Book 1, page 22, of the Public Records of Brevard County, Florida. Thence ru.n S. 00° 54'2g" E along the Ea~t line of said Lot B, a distance of 66.00 feet, thence run N. ago 3a'33" W and parallel to the North line of said Lot B, a distance of 786.30 feet to the Point of Beginning; Thence continue along said line a distance of g4.00 feet, thence run N.00° 54'2g" W a distance of 112.00 feet, thence run S. ago 38'33" E., a distance of g4.00 feet, thence run S. 00° 54"2g" Ea distance of 112.00 feet to the Point of Beginning. Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and Al TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment (6/17/06) (with FL Modifications) ~ ·~~ *" 5 of 5 LANDMARK TITLE AGENCY, INC. 400 East Merritt Avenue, Suite D, Merritt Isiand, FL 32953 (321) 454-3363 phone (321) 453-2733 (FAX) Micheie@1andmarktit1e.net Michel.e Brenner August 5 , 2013 Sheropa, LLC 400 Harbor Drive Cape Canaveral, FL 32920 In Re: Our file no.: 13-11873 A FILLICHIO sale to SHEROPA , LLC Property : Vacant land OAK LANE, Cape Canaveral , FL 32920 Dear Pat and Ron: In regard to the above referenced real estate transaction, please ~ find enclose d herewith, the following: '/ ......... 1 . Chicago Title Insurance Company Owner's Title Insurance Policy No . 2013.7430609-89447957 issued by my office insuring you for the purchase price. 2, Original Warranty Deed dated June 26, 2013, recorded July 12, 2013, in Official Records Book 6921, Page 2632 of the Public Records of Brevard County, Florida . It was a ple asure for my off ice to assist you in this important matter and should you need further documentation, please do not hesitate to contact me . On behalf of LANDMARK TITLE AGENCY , INC., we appreciate your business and will always enjoy the opportunity to continue to serve you with all your title insura nce needs in the future . personal regards, Michele Brenner Enclos ures Chicago 1Jtle ~nsuran~e Company ALTA OWNER'S POLICY ~ Agent's File Number: 13-11873 A Owner's Policy Number: 2013. 7430609-89447957 Schedule B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) by reason of the following.: 1. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof 2. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 3. Any lien, or right to a lien, for services, labor or material theretofore hereafter furnished, imposed by law and not shown by the public records. 4. Rights of parties in actual possession of all or any part of the premises. S. Taxes and assessments for the 2013, which are not yet due and payable. ISi CHlCAGO TITLE INSURANCE COMPANY POLICY NO.: FL6331-48-13-11873-A-2013.7430609-89447957 OWNER'S POLICY OF TITLE INSURANCE Issued by Chicago Title Insurance Company 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, CHICAGO TITLE INSURANCE COMPANY, a Nebraska 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 otheiWise 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 acces:s 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. 7230609 1 of8 ALT A Owner's Policy (6/17 /06) (with Florida Modifications) Copyright American Land Title AMociation. All rights reserved. The use of this Form is restricted to AL TA licensees and ALTA mem~ in good standing as of the date of use. All other uses are prohibited. Reprinted under liq•;mse from the American ).,and Title Association -~l!!~'t!'.I t.-"~Ttflf. ~d1'R»l -·- 6.· 7. 8. 9. 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. 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. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 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. 1 O. 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. Jn Witness Whereof, CHICAGO TITLE INSURANCE COMPANY, has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory of the Company. ~ FL6331 13-11873-A Landmark Title Agency, Inc 400 E. Merritt A venue, Suite D Merritt Island, FL 32953 Tel: (321) 454-3363 Fax: (321) 453-2733 Countersigned:~ ~ Authorized Signatory Michele Brenner 7230609 2 of 8 CHICAGO TITl,E INSURANCE COMPANY By: AL TA owner's Polley (6/17 /06) (with Florida Modifications) Copyright American Land Title Associatimi. All rights reserved. The use of this Fann is restricted to ALT A licensees and ALT A members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association EXCLUSIONS-FROM ·COVERAGE- The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: ,,.--..... 2. 3. 4. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting , regulating , prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk6. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 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, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (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 that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A 7230609 3 of8 AL TA Owner's Policy (6117 /06) (with Florida Modifications) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALT A licensees and ALT A members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized bylaw. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. U) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land , or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy 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 obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section S(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to 7230609 4 ofS AL TA Owner's Policy (6117/06) (with Florida Modifications) Copyright American Land Title A~iation. All rights reserved. The use of this Form is restricted to ALT A licensees and ALT A members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. -~· PROOF OF LOSS ' In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and pro·secute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection,. it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be, designated by the authorized representative of the Company, all records, in whatever medium maintained , including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as 7230609 5 of 8 AL TA Owner's Policy (6/17 /06) (with Florida Modifications) Copyright American Land Title Association. All rights reserved. The use of this Fqnn is restricted to ALT A licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to .others unless, in the reasonable judgment of the Company, it ;s necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY ,,.-----. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate. including any liability or obligation to defend, prosecute, or continue any litigation. d. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent 7230609 6 of8 AL TA Owner's Policy (6/17 /06) (with Florida Modifications) Copyright American Land Title Association. AU rights reserved. The use of this Form is restricted to ALT A licensees and ALT A members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior :Nritten consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT -~ (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the 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 of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the Insured at the time of a controversy or claim. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand 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' 7230609 7 of8 AL TA Owner's Policy (6/17/06) (with Florida Modifications) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALT A licensees and ALT A members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association 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 Arbitra-tor(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. ~5. 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 provisions. 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 all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM ~ (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT 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 Chicago Title Insurance Company, Attn: Claims Department, P.O. Box 45023, Jacksonville, FL 32232- 5023. """'· 7230609 8 ofB AL TA Owner's Policy (6/17 /06) (with Florida Modifications) Copyright American Land Title Association. All rights reserved. The use of this Fonn is restricted to ALT A licensees and ALT A members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association , :--@. '3-icago 1ide lasuraoce Compaay . ' . Parcel# 1 EXHIBIT "A" Order No.: 4407995 Customer Reference: 13-11873 A Commence at the Northeast corner of Lot B, according to the Plat of Tutens Subdivision recorded in ""'Plat Book 1, page 22, of the Public Records of Brevard County, Florida. Thence run S.00° 54'29" E along the East line of said Lot B, a distance of 66.00 feet, thence run N.a9° 3a'33"W and parallel to the North line of said Lot B, a distance of 510.10 ft. to the Point of Beginning; Thence continue along said line a distance of ao.oo feet, thence run N.00° 54'2g" W a distance of 12a.50 feet, thence run sago 33" Ea distance of ao.oo feet, thence run S.00° 54'2g" Ea distance of 12a.so feet to the Point of Beginning. Parcel# 2 Commence at the Northeast corner of Lot B, according to the Plat of Tutens Subdivision recorded in Plat Book 1, page 22, of the Public Records of Brevard County, Florida. Thence run S.00° 54'2g" E along the East line of said Lot B, a distance of £?6.00 feet, thence run N.ago 3a'33" W and parallel to the North line of said Lot B, a distance of 5go.10 feet to the Point of Beginning; Thence continue along said line a distance of 116.20 feet, thence run N. 00° 54' 2g" W a distance of 12a.50 feet, thence run S. a9° 3a'33"E a distance of 116.20 feet, thence run S. 00° 54'2g" E a distance of 12a.50 feet to the Point of Beginning. Parcel# 3 Commence at the Northeast corner of Lot B, according to the Plat of Tutens Subdivision recorded in Plat Book 1, page 22, of the Public Records of Brevard County, Florida. Thence run S. 00° 54'2g" E along the East line of said Lot B, a distance of 66.00 feet, thence run N. ago 3a'33" Wand parallel to the North line of said Lot B, a distance of 706.30 feet to the Point of Beginning; Thence continue along said line a distance of ao.oo feet, thence run N. 00° 54•2g0 W a distance of 12a.50 feet, thence run S. ago 3a'33" E a distance of ao.oo feet, thence run S.00° 54'2g" E a distance of 12a.5o feet to the Point of Beginning. Parcel# 4 Commence at the Northeast corner of Lot B, according to the Plat of Tutens Subdivision recorded in Plat Book 1, page 22, of the Public Records of Brevard County, Florida. Thence run S. 00° 54'29" E along the East line of said Lot B, a distance of 66.00 feet, thence run N. ago 3a'33" W and parallel to the North line of said Lot B, a distance of 7a6.30 feet to the Point of Beginning; Thence continue along said line a distance of g4.00 feet, thence run N.00° 54'2g" W a distance of 112.00 feet, thence run S. ago 3a'33" E., a distance of 94.00 feet, thence run S. 00° 54"2g" E a distance of 112.00 feet to the Point of Beginning. Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment (6/17/06) (with FL Modifications) -.. ••• u-.~ &.:lUTltU ~~ s of 5