APPLICATION
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PROJECT NAME: Kervern Swimming Pool Variance
LOCATION: 2522 SW lih Street Boynton Beach, FL. 33426
COMPUTER ID: 01-82000017
I FILE NO.: ZNCV 01-018 I TYPE OF APPLlCA TION:Zon~ng Code
Vanance
AGENT/CONTACT PERSON: OWNER: George Kervern
George Kervern PHONE: 561-369-0634
PHONE: 561-369-0634 FAX: 561-622-2005
FAX: 561-622-2005 ADDRESS: 2522 SW 12th St.
ADDRESS: 2522 SW 12th St. Boynton Beach, Fl. 33426
Boynton Beach, Fl. 33426
Date of submittal/Projected meetin2 dates:
SUBMITT AL / RESUBMITT AL 7/18/01
1 ST REVIEW COMMENTS DUE: N/A
PUBLIC NOTICE: 8/13/01
TRC MEETING: N/A
PROJECTED RESUBMITTAL DATE: N/A
ACTUAL RESUBMITTAL DATE: N/A
2ND REVIEW COMMENTS DUE: N/A
LAND DEVELOPMENT SIGNS POSTED N/A
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD 8/28/01
MEETING:
COMMUNITY REDEVELOPMENT N/A
AGENCY BOARD
CITY COMMISSION MEETING: 9/4/01
COMMENTS:
S:\Planning\SHARED\WP\PROJECTS\Kervem Variance\Kervem PROJECT TRACKING INFO.doc
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< APPLICATION ACCEPTANCE. OATE:
"FEEPAID: Ifoo~
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RECEIVED b (' STAFF MEMBER:
RECEIPT NUMBER: 94 tl { 7
CITY OF BOYNTON BEACH
ZONING CODE VARIANCE APPLICATION
SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND
SUBMITTAL DATES:
Please Print (in ink) or Type
Submittal Date:
7 ;; 8/0/
.
The undersigned owner(s) hereby respectfully petition(s) the Planning and Development Board to
grant to petitioner(s) a special exception or variance to the existing Zoning or Sign Code of said City
pertaining to the property hereinafter described and in support thereof state(s):
Property involved is descri~ed as follows:
Lot( s) t;l S-
Block
il1
, Subdivision &oLFViE'liV l44e.OOJ"?- 9~t) SeOION
Page~ or otherwise described as follows:
Plat Book ~ J
Property Address 9. S- d- d.. '. -S vJ \ ~ru- S,~1:'1 ~~ICI'-.1B(;'Y\at / -( L "3 ~ '..rJ. &
Variance requested c.l-l g. I S€c.:.T \1& E "TD ALLDv.J A ~V"i1~M.""u,;",- ?a::JL 10 3E
L6<-~I~ hi J..l ;~M'~n"~ KE:A~ ?~?oe:ry L:l-1E' \f;i LltTU of Ttfc:: B i~CQ.J~~{) By ~
The following documents are required to be submitted with this application to form a single package.
Incomplete package will not be accepted:
)1. Two sealed surveys by a registered surveyor in the State of Florida, not over six (6) months
old, indicating:
!
A. All property lines
B. North arrow
C. Existing structures and paving
D. Existing elevations
E. Rights-of-way, with elevations
F. Easements on or adjacent to the site \
G. Utilities on or adjacent to the site
H. Legal Description
I. Number of acres to the nearest one-hundredth (1/100) of an acre
J. Location sketch of property
K. Surveyor's Certificate
2. Two site plans properly dimensioned and to scale showing:
V3.
J 4.
J 5.
6/
Page 2 . ..
Zoning Code Variance ApplicatIon
A. All proposed structures
B. All existing structures that are to remain on site
C. Setback lines for all structures drawn perpendicular from the property lines to the
closest vertical wall of structures
D. Use of each structure (or uses within multiple occupancies)
E. Use of adjacent properties including right-of-way lines for all streets and alleys,
sidewalks, turn lanes and driveways
F. Elevations of the lowest finished floor of all structures on the site
Certified list of names and post office addresses of property owners and legal descriptions of
their property within 400 feet of subject property, as recorded in the County Courthouse,
including a tax map showing placement of 400 feet boundary. Such list shall be accompanied
by an Affidavit (see attached) stating that to the best of the applicant's knowledge, said list is
complete and accurate, as well as labels or addressed envelopes and postage (1st class--
stamps or payment for required postage).
Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement.
If an agent is submitting the petition. a notarized coPY of a letter desianatina him as
such must accompany the petition.
Statement of special conditions, hardships or reasons justifying the requested exception or
variance. Respond to the six (6) questions below (A-F) on a separate sheet (Please print or
tvpe):
A. That special conditions and circumstances exist which are peculiar to the land, structure
or building involved and which are not applicable to other lands, structures or buildings
in the same zoning district;
B. That the special conditions and circumstances do not result from the actions of the
applicant;
C. That granting the variance requested will not confer on the applicant any special
. privilege that is denied by this Ordinance to other lands, buildings or structures in the
same zoning district;
D. That literal interpretation of the provisions of this chapter would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms
of the Ordinance and would work unnecessary and undue hardship on the applicant;
E. That the variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structure;
F. That the granting of the variance will be in harmony with the general intent and purpose
of this chapter and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
An application fee in the amount of $400.00 plus postage, payable to the City of Boynton
Beach, must accompany a completed application. The $400.00 application fee covers a
request to vary one (1) section of the Code. Seeking relief from more than one section of the
Code will require payment of $100.00 for each additional Code section.
Page 3
Zoning Code Variance Application
7.
M _ ~ I.r ,Z- Vl=""'leN
8.
Applicant's address: ~S-dd- sw i J:~:oS. 30'i~<Vt-.\ ~(;..:'Vt1:..g ~L 3'3~ ?-&
,
Applicant's phone #: lSG, () s<:/i.- D~.5~
Date: 7/;0 /0 \
. .
TO BE COMPLETED BY PLANNING AND ZONING
1.
Property is presently zoned:
1<..-I-AA
formerly zoned:
2.
Property Control Number:
,08 ,. q~-4 S-:rt..o3 - olCf- 02Jjo
.
3. Denial was made upon existing zoning or sign requirements (list section(s) of Code from which
relief is required):
4. Nature of exception or variance required:
5.
Case Number:
Meeting Date:
, .
Page 4
Zoning Code Variance Application
TO BE FILLED OUT BY BOARD
PLANNING AND DEVELOPMENT BOARD: Approved
Aye
Denied
Nay
Stipulations:
Signed:
Chairman
.'
Page 5 . .'
Zoning Code Variance Apphcatlon
CERTIFICATION
TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND
CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE
APPLICANT'S PROPERTY.
NOTICE TO APPLICANTS
.'
FOR
REZONING AND/OR LAND USE ELEMENT AMENDMENT
CONDITIONAL USE APPROVAL
ZONING CODE VARIANCE
All applicati'ons received by the City of Boynton Beach after August 1, 1985 shall be
accompanied by mailing labels with the names and addresses of all property owners within
four hundred (400) feet of the subject property. Applications will not be accepted without
these mailing labels.
CONTACT --
PALM BEACH COUNTY
PROPERTY APPRAISERS OFFICE
A TTN: MAPPING DIVISION
301 North Olive Avenue
West Palm Beach, Florida
(561) 355-3881
S:\PLANNING\SHARED\WP\FORMS\APPS\zNCWNCV.APP
Junel,1991
July 2, 2001
City of Boynton Beach Planning and Development Board
Dear Sir or Madam:
/ B)
In response to the six questions A-F in section 5.
A)
The special condition and circumstance that exist is the amount of property available behind my
house to build a swimming pool. The total distance from the back of my house to the seawall is
35 ft. The survey of my property shows that there is 20 ft available to build a pool (distance from
house to actual property lineO. Chapter 2 Section l1.E building code requires that the pool is 8 ft
from the rear property line. I am requesting a 4 ft variance that would allow for a 12 ft wide pool
with a 4 ft deck between screened porch and the water line of the pool an the west side and a 4 ft
deck between the sea wall and the property line on the east side. This variance would not affect
any property or neighbor behind me as my property is located on a small lake.
I am not the original owner or builder of the house and therefore did not have the opportunity to
leave the required distance as indicated by the code above.
C)
This variance will not affect any other property owner, as there are no other properties located
directly behind my parcel of land. The rear portion of this parcel has a seawall separating the
land from the lake. There are numerous homes in Golf view Harbor that appear to have pools in
the rear area of the property that do not meet the strict distance of the building code above. I
have included photographs and addresses of these properties for review.
D)
As stated in "C" above, there are numerous homes in the neighborhood that appear to have pools
in the rear area of the property that do not meet the strict distance of the building code above.
These families enjoy the pleasure of having a pool directly located in their backyard. I would like
the opportunity for my family to enjoy the use of a pool in my backyard. In addition, a pool will
increase the overall value of my house and property.
E)
The 4 ft variance requested is the minimum variance that will make it possible for me to build a
pool. This variance would allow me to build a pool that is 12 ft wide (smaller than the average 15
ft wide pool size).
F)
This request for a variance is solely for the purpose of building a pool in the rear portion of my
property. In no way would this variance be injurious to the area involved or to the public welfare
of the Golfview Harbor neighborhood.
G)
Sincerely,
2522SW 12TH ST . BOYNT
PHONE: 369.0634 . FAX: 622~2005
33426
CYPRESS TITLE INSURANCE CORP.
6177 JOG ROAD, SUITE D-5
LANTANA, FLORIDA 33467
(561) 963-9500
(561) 969-9768 (FAX)
September 5, 1996
Mr. and Mrs. George P. Kervern:
2522 SW 12th Street
Boynton Beach, Florida 33426
RE: ANGEL SALE TO KERVERN
Lot 25, Block 19, SECOND SECTION, GOLFVIEW HARBOUR
Dear Mr. and Mrs. Kervern:
Enclosed please find the original recorded Warranty Deed and the original Owners
Policy in reference to the above transaction. Since these are important documents, please
keep them in a safe place.
In the event that you have any questions, or if we can be of further assistance, please
feel free to contact our office.
AMERICAN LAND TITLE ASSOCIATION
OWNER'S POUCY 10-17-92 (Florida Modilied)
POLICY NO.
IOP-9-1206-sl
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
AMERICAN PIONEER
TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPITONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, AMERICAN PIONEER TITLE INSURANCE
COMPANY, a Florida corporation, 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, sustained or
incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
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~ 4. Lack of a right of access to and from the land.
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The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title,
as insured, but only to the extent provided in the Conditions and Stipulations.
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IN WITNESS WHEREOF, AMERICAN PIONEER TITLE INSURANCE COMPANY has caused this policy
to be signed and sealed as of the Date of Policy shown in Schedule A, the policy to become valid when
countersigned by an authorized signatory.
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AMERICAN PIONEER TITLE INSURANCE COMPANY
Issued by:
Cypress Title Insurance
Corporation
6177 Jog Road
Suite D-5
Lake Worth FL, 33467
By:
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Attest: ~
Secretary
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COUNTY CODE: 60
STATE ABBREVIATION: FL
AMERICAN PIONEER TITLE INSURANCE COMPANY
OWNER'S POLICY
SCHEDULE A
OFFICE FILE #: 96-123CT
REINSURANCE #:
AGENT ID #: 1206
SIMULTANEOUS #:
POLICY #: OP-9-1206-5
DATE OF POLICY: August 9, 1996
@ 1: 50 P.M.
AMOUNT OF INSURANCE: $156,000.00
1. Name of Insured:
George P. Kervern and Colette M. Kervern, his wife
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 the Insured.
4. The land referred to in this policy is described as follows:
Lot 25, block 19, SECOND SECTION, GOLF VIEW HARBOUR, according to the
Plat thereof, recorded in Plat Book 27, Page 46 of the Public Records of Palm Beach
County, Florida.
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L/~ i'L'. /~ - I :J~pl/C
Countersigned(Au~orized Signatory
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Issued by:
CYPRESS TITLE INSURANCE CORP.
NOTE: This Policy consists of insert pages labeled Schedules A and B. This Policy is of no force and effect unless both pages are
included with any added pages incorporated by reference.
AMERICAN PIONEER TITLE INSURANCE COMPANY
OWNER'S POLICY
SCHEDULE B
Policy #: OP-9-1206-5
File #: 96-123CT
This policy does not insure against loss or damage by reason of the following exceptions:
1. Rights or claims of parties in possession not shown by the public records.
2. Encroachments, overlaps, boundary line disputes, and any other matters which would be
disclosed by an accurate survey and inspection of the premises.
3. Easements or claims of easements not shown by the public records.
4. Taxes and assessments which are not shown by the public records.
5. Mortgage from George P. Kervem and Colette M. Kervem, his wife to Fleet Mortgage
Corp., a South Carolina corporation, dated August 7, 1996 and recorded August 9, 1996 in
Official Record Book 9390, Page 1997 to secure the principal amount of $122,800.00.
6. Taxes and assessments for the year 1996 and subsequent years.
7. Easements and dedications as shown on the Plat of SECOND SECTION, GOLFVIEW
HARBOUR, recorded in Plat Book 27, Page(s) 46.
8. Rights, if any, of the property owner's abutting Lazy Lake and in and to the bed thereof;
also, the rights of property owner's abutting Lazy Lake or any stream of water leading hereto
or therefrom.
9. Riparian and littoral rights are not insured.
NOTE: Standard Exceptions numbered 1 through 4 are hereby deleted.
NOTE: All of the recording information contained herein refers to the Public Records
of Palm Beach County, Florida, unless otherwise indicated.
NOTE: This Policy consists of insert pages labeled Schedules A and B, This Policy is of no force and effect unless both pages
are included with any added pages incorporated by reference.
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 which
arise by reason ot.
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or
relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land;
(iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (Iv) environmental protection,
or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of
a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Polley.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
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, 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 which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws. that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the
failure:
(i) to timely record the instrument of transfer; or
Iii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
CONDITIONS AND STIPULAnONS
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT
TO COOPERATE
(a) Upon written request by the insured and subject to the options contained
in Section 6 of these Conditions and Stipulations, 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 adverse to the title or interest
as insured, but only as to those stated causes of action alleging a defect, lien
or encumbrance or other matter 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 and 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 which allege matters not insured against
by this policy,
(b) The Company shall have the right, at its own cost, to institute and prosecute
any action or proceeding or to do any other act which in its opinion may be necessary
or desirable to establish the title to the estate or interest, 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 hereunder,
and shall not thereby concede liability or waive any provision of this policy. If the
Company shall exercise its rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a defense
as required or permitted by the provisions of this policy, the Company may pursue
any litigation to final determination by a court of competent jurisdiction and expressly
reserves the right, in its sole discretion, to appeal from any adverse judgment or
order.
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any rights or
defenses the Company would have had against the named insured, those who
succeed to the interest of the named insured by operation of law as distinguished
from purchase including, but not limited to, heirs, distributees, devisees, survivors,
personal representatives, next of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge. not constructive knowledge or
notice which may be imputed to an insured by reason of the pUblic records as
defined in this policy or any other records which impart constructive notice of matters
affecting the land.
(d) "land": the land described or referred to in Schedule [AI, and improvements
affixed thereto which by law constitute real property. The term "land" does not
include any property beyond the lines of the area described or referred to in Schedule
[A], nor any right, title, interest, estate or easement in abutting streets, roads, avenues,
alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent
to which a right of access to and from the land is insured by this policy,
(e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument
(ij "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 Section 1 (a)(iv)
of the Exclusions From Coverage, "public records" shall also include environmental
protection liens filed in the records of the clerk of the United States district court
for the district in which the land is located,
(g) "unmarketability of the title": an alleged or apparent matter affecting the title
to the land, not excluded or excepted from coverage, which would entitle a purchaser
of the estate or interest described in Schedule A to be released from the obligation
to purchase by virtue of a contractual condition requiring the delivery of marketable
title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE
The coverage of this policy shall continue in force as of Date of Policy in favor
of an insured only so long as the insured retains an estate or interest in the land,
or holds an indebtedness 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 covenants of warranty made by the insured in any transfer or conveyance
of the estate or interest 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 indebtedness 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 4(a) below, (ii) in case knowledge shall come to an insured
hereunder of any claim of title or interest which is adverse to the title to the estate
or interest, as insured, and which might cause loss or damage for which the Company
may be liable by virtue of this policy, or (iii) n title to the estate or interest, as
insured, is rejected as unmarketable. If prompt notice shall not be given to the
Company, then as to the insured all liability of the Company shall terminate with
regard to the matter or matters for which prompt notice is required; provided, however,
that failure to notify the Company shall in no case prejudice the rights oj l\IlY insur~
under this policy unless the Company shall be prejudiced by the failure and then"
only to the extent of the prejudice.
(d) In all cases where this policy permits or requires the Company to prosecute
or provide for the defense of any action or proceeding, the insured shall secure
to the Company the right to so prosecute or provide defense in the action or
proceeding, and all appeals therein, and permit the Company 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 any action or proceeding, securing evidence, obtaining witnesses,
prosecuting or defending the action or proceeding, or effecting settlement, and (ii)
in any other lawful act which in the opinion of the Company may be necessary
or desirable to establish the title to the estate or interest 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.
5. PROOF OF LOSS OR DAMAGE
In addition to and after the notices required under Section 3 of these Conditions
and Stipulations have been provided the Company, a proof of loss or damage
signed and sworn to by the insured claimant shall be fumished to the Company
within 90 days after the insured claimant shall ascertain the facts giving rise to
the loss or damage, The proof of loss or damage shall describe the defect in,
or lien or encumbrance on the title, or other matter insured against by this policy
which 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, ~the Company is prejudiced
by the failure of the insured claimant to provide the required proof of loss or damage,
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 proof of loss or damage,
.
w
CONDITIONS AND STIPULATIONS - CONTINUED
In addition, the insured claimant may reasonably be required to submit to 9. LIMITATION OF LIABILITY
examination under oath by any authorized representative of the Company and shall (a) If the Company establishes the title, or removes the alleged defect, lien or
produce for examination, inspection and copying, at such reasonable times and encumbrance, or cures the lack of a right of access to or from the land, or cures
places as may be designated by any authorized representative of the Company, the claim of unmarketabllity of title. all as insured, in a reasonably diligent manner
all records, books, ledgers, checks. correspondence and memoranda, whether by any method, including litigation and the completion of any appeals therefrom,
bearing a date before or after Date of Policy, which reasonably pertain to the loss it shall have fully performed its obligations with respect to that matter and shall
or damage. Further, if requested by any authorized representative of the Company. not be liable for any loss or damage caused thereby.
the insured claimant shall grant its permission, in writing. for any authorized
representative of the Company to examine, inspect and copy all records, books, (b) In the event of any litigation, Including litigation by the Company or with the
ledgers, checks, correspondence and memoranda in the custody or control of a Company's consent, the Company shall have no liability for loss or damage until
third party, which reasonably pertain to the loss or damage. All information designated there has been a final determination by a court of competent jurisdiction, and
as confidential by the insured claimant provided to the Company pursuant to this disposition of all appeals therefrom, adverse to the title as insured.
Section shall not be disclosed to others unless. in the reasonable judgment of the (c) The Company shall not be liable for loss or damage to any insured for liability
Company, it is necessary in the administration of the claim, Failure of the insured voluntarily assumed by the insured in settling any claim or suit without the prior
claimant to submit for examination under oath, produce other reasonably requested written consent of the Company.
information or grant permission to secure reasonably necessary information from
third parties as required in this paragraph shall terminate any liability of the Company 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY
under this policy as to that claim. All payments under this policy, except payments made for costs, attomeys' fees
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF and expenses. shall reduce the amount of the insurance pro tanto.
LIABILITY 11. LIABILITY NONCUMULATIVE
In case of a claim under this policy, the Company shall have the following additional
options:
(a) To Payor Tender Payment of the Amount of Insurance.
To payor tender payment of the amount of insurance under this policy together
with any costs, attomeys' fees and expenses incurred by the insured claimant,
which were authorized by the Company, up to the time of payment or tender of
payment and which the Company is obligated to pay,
Upon the exercise by the Company of this option, all liability and obligations
to the insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue any
litigation, and the policy shall be surrendered to the Company for cancellation.
(b) To Payor Otherwise Settle With Parties Other than the Insured or With the
Insured Claimant
(i) to payor otherwise settle with other parties for or in the name of an insured
claimant any claim insured against under this policy, together with any costs,
attomeys' fees and expenses incurred by the insured claimant which were authorized
by the Company up to the time of payment and which the Company is obligated
to pay; or
(ii) to payor otherwise settle with the insured claimant the loss or damage
provided for under this policy, together with any costs, attomeys' fees and expenses
incurred by the insured claimant which were authorized by the Company up to
the time of payment and which the Company is obligated to pay,
Upon the exercise by the Company of either of the options provided for in
paragraphs (bl(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,
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE
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 and only to the extent herein
described. .
(a) The liability of the Company under this policy shall not exceed the least 01:
(i) the Amount of Insurance stated in Schedule /!\, or,
(ii) the difference between the value of the insured estate or interest as insured
and the value of the insured estate or interest subject to the defect, lien or
encumbrance insured against by this policy,
(b) (This paragraph dealing with Coinsurance was removed from Florida policies.)
(c) The Company will pay only those costs, attomeys' fees and expenses incurred
in accordance with Section 4 of these Conditions ,and Stipulations.
8. APPORTIONMENT
If the land described in Schedule [A] consists of two or more parcels which
are not used as a single site, and a loss is established affecting one or more
of the parcels but not all, the loss shall be computed and settled on a pro rata
basis as n the amount of insurance under this policy was divided pro rata as to
the value on Date of Policy of each separate parcel to the whole, exclusive of
any improvements made subsequent to Date of Policy, unless a liability or value
has otherwise been agreed upon as to each parcel by the Company and the insured
at the time of the issuance of this policy and shown by an express statement
or by an endorsement attached to this policy.
It is expressly understood that the amount of insurance under this policy shall
be reduced by any amount the Company may pay 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 hereafter executed by an
insured and which is a charge or lien on the estate or interest described or referred
to in Schedule A, and the amount so paid shall be deemed a payment under
this policy to the insured owner.
12. PAYMENT OF LOSS
(a) No payment shall be made without producing this policy for endorsement
of the payment unless the policy has been lost or destroyed, in which case proof
of loss or destruction shall be fumished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed
in accordance with these Conditions and Stipulations, the loss or damage shall
be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT
(a) The Company's Right of SubroQation.
Whenever the Company shall have settled and paid a claim under this policy,
all right of subrogation shall vest in the Company unaffected by any act of the
insured claimant
The Company shall be subrogated to and be entitled to all rights and remedies
which the insured claimant would have had against any person or property in
respect to the claim had this policy not been issued. If requested by the Company.
the insured claimant shall transfer to the Company all rights and remedies against
any person or property necessary in order to perfect this right of subrogation,
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 or remedies.
If a payment on account of a claim does not fully cover the loss of the insured
claimant, the Company shall be subrogated to these rights and remedies in the
proportion which the Company's payment bears to the whole amount of the loss.
If loss should result from any act of the insured claimant, as stated above,
that act shall not void this policy. but the Company, in that event, shall be required
to pay only that part of any losses insured against by this policy which shall
exceed the amount, n any, lost to the Company by reason of the impairment
by the insured claimant of the Company's righ! of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall exist
and shall include, without limitation, the rights of the insured to indemnities,
guaranties, other policies of insurance or bonds, notwithstanding any terms or
conditions contained in those instruments which provide for subrogation rights
by reason of this policy,
14. ARBITRATION
(This paragraph was modified for Florida policies.)
Unless prohibited by applicable law, arbitration pursuant to the Title Insurance
Arbitration Rules of the American ArbiIration Association may be demanded if
agreed to by both Company and the insured, Arbitrable matters may include,
but are not limited to, any controversy or claim between Company and the insured
arising out of or relating to this policy, and service of 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
Th~s Instrument Prepared by: x1
Name: CYPRESS TITLE P .JRANCE CORP. i
Address: 6177 JOG ROAD, #L -5 ,I
LAKE WORTH, FL 33467 (/ I
Return to:
Address:
CYPRESS TITLE INSURANCE CORP.
6177 JOG ROAD, #D-5
LAKE WORTH, FL 33467
AUG-09-199b 1:50Pfn 96-278042
ORB 9390 P9 1996
J'." .......,. ..... ...
Con 156',000.00 Doc: 1,092.00
DOROTHY H. WILKEN, CLERK PB COUNTY, FL
Property Appraisers Parcel Identification Number(s):
08-43-45-32-03-019-0250
Grantee(s) S.S #'s:
SPACE ABOVE THIS LINE FOR PROCESSING DATA
SPACE ABOVE TIllS LINE FOR RECORDING DATA
THIS WARRAN1Y DEED Made the 7th day of August A.D. 1996 by Robin A.ngel and Linda Angel, his wife
hereinafter called the grantor, to George P. Kervern and Colette M. Kervern, his wife, whose post office address is 2522 SW 12th
Street, Boynton Beach, FL 33426, hereinafter called the grantee:
(Wherever used ,herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs. legal representatives and assigns
of individuals, and the successors and assigns of corporations)
WITNESSETH, that the grantor, for and in consideration of the sum $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 Palm Beach County, State of Florida, viz:
Lot 25, Block 19, SECOND SECTION, GOLF VIEW HARBOUR, according to the Plat thereof, recorded in Plat Book 27,
Page 46. of the Public Records of Palm Beach County, Florida.
Together, with all the tenements, hereditaments and appurtenances thereto belonging or in otherwise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with the 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, and hereby 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, 1995, and is
Subject to restrictions, reservations and easements of public record and taxes subsequent to the year 1995, which are not
reimposed by reference thereto. 7
In lVitness Whereof, the said grantor has signed and sealed these jf( ents the day and year first above written.
i/ \
SignedC\led and delivered 'n the presence of: / //r)
/I 1. 0 \ , f 1/ '1_~/J ", /
;.:.......j .l 'C;.. . 'L \jL L {/o. ~"" L-"'::.'~ \",-.-
it l"SS r _ obin Ang~ a ~
- '~L /010 L~tltl ~r I eX ((201/ flad"" J-:c :;;.:;,q b~
'XI" j .7
. 'ft ~
! /Z-fI'/vc1,....?
j ,tc./ " ------... ,
.' ~.~ )f- (l' "tu' 1.((t(l:L( It.Sd)llf :)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this 7th day of August, 1996 by Robin Angel and Linda Angel, his wife, who
have produced Florida Drivers Licenses as identihcation and who did not fnke a, n oath..., (
':/' "\.... I ~
) L,~,OA, ;/) I
. / ..,~~/ - \.(.t"l
Notal)' Signaf:.re-
NOTARY RUBBER STAMP SEAL
~.,.y p~ AMY L CLARK
-I' ~ My Commission CC404980
*'fiiiJf * Expires Sep. 26, 1998
~. Bonded by ANB
"'4I'tQff\.," 800.852-5878
Printed Name
My Commission Expires:
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