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HomeMy WebLinkAboutPhillips, Bartholomew and Cynthia - Warranty Deed 2010 11 04 AAhL BROWN, GARGANESE, WEISS & UAGRESTA, P.A. Attorneys at Lase 111 N.Orange Ave.,Suite 2000 Anthony A. Garganese P.O..Box.2873 Board Certified City,County&Local Orlando,Florida 32802..2873 Government Law Phone(407)425 9566 Fax (407) 425-9596 agarganese@orlandolawnet December 14, 2010 Via U.S. Mail Andrea Lorenzo-Luaces, City Clerk City of Winter Springs 1126 E. State Road 434 Winter Springs, FL 32708 RE: Bart and Cynthia Phillips/Wade Street Conveyance - Closing Package Dear Andrea: Enclosed for your safekeeping are the following documents relating to the above-referenced conveyance: 1. Original Warranty Deed, recorded at Book 7476, Page 1150, Seminole County Official Records 2. Original Closing Statement and Disbursement Sheet 3. Original Affidavit of No Liens 4. Original Owner's Title Policy SDC-08084971 Please give me a call if you have any questions. Sio,ee' ely, Anthony A. Garganese City Attorney AAG.j l enclosures cc: Kevin Smith, City Manager (w/ enc.) Brian Fields, City Engineer (w/ enc.) Ft.Lauderdale (954) 670-1979 •Kissimmee(321)402-0144•Cocoa(866)425-9566 Website:www.orlandolaw.net•Email: firm@orlandolaw.net 11 I110M9N010 111 OWN UallII 1 MARYKE NDRKI CLEF OF CIRCUIT ITT SMINOLE IY BK 07476 Pgs 1130 - 11541 t5pgsl Prepared By and Return to: CLERK' S # 2010129E►E.O `ire`Brown,Garganese,Weiss&D'Agresta,P.A. RE(( pEp 11108/P010 03e3EtS0 Kimberly R.Kopp,Esquire 111 N.Orange Avenue, Suite 2000 M9 DM TAX 0.70 Orlando,Florida 32801 XMINS FEES 44.00 RECOM BY T Smith Parcel No. (Portion of)34-20-30-5AW-0000-0330 and(Portion of)34-20-30-5AW-0000-0340 WARRANTY DEED THIS WARRANTY DEED, executed this 4tn day of November, 2010, by BARTHOLOMEW D.PHILLIPS and CYNTHIA D.PHILLIPS,husband and wife,whose post office address is 212 Morton Lane,Winter Springs,Florida,32708 (hereinafter called the Grantor), to the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, whose post office address is 1126 E. State Road 434,Winter Springs,FL 32708(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 inconsideration of the sum of$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 Seminole County, Florida, viz: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE Together with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold the same in fee simple forever. And the Grantor hereby covenants with said Grantee that 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, 2009, IN WITNESS WHEREOF,the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: Bartholomew D. Phillip ps � . „ � .. nn1(print naie) Cyl hia D. Phillips Address: 212 Morton Lane (signature) Winter Springs, Florida, 32708 4 � (print name) STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this 4th day of November,2010,by BARTHOLOMEW D. PHILLIPS and CYNTHIA D. PHILLIPS (GRANTORS) [ ] who are personally known to me,or L] who have produced as identification. r,"� <'.7 A fl� ip erg Notary Public State of Florida �� ° Gayle A Coutant .„"„� � 8'' ^�'�( r r —.._.. .� My Commission DD934641 �r wa ` Expires 10/20/2013 Notary Public Print Name My Commission expires: EXHIBIT A Beginning at the Northeast corner of Lot 34,ENTZMINGER FARMS ADDITION NO.2,according to the plat thereof as recorded in Plat Book 5,Page 9,of the Public Records of Seminole County,Florida;thence run S 00144'49" W,along the East line of said Lot 34 for a basis of bearings,a distance of 165.79 feet to a point on the North right of way line of State Road No.419;thence run N 75117'46"W,along said North line, 15.00 feet;thence run N 27151'59" E,10.00 feet;thence run N 00144'49" E,parallel with the East line of said Lot 34,a distance of 155.76 feet to a point on the North line of said Lot 34;thence run S 75115'07"E,along said North line,10.31 feet to the Point of Beginning. and Commencing at the Northwast corner of Lot 33,ENTZMINGER FARMS ADDITION NO.2,according to the plat thereof as recorded in Plat Book 5,Page 9,of the Public Records of Seminole County,Florida; thence run S 00°44'49"W,along the West line of said Lot 34 for a basis of bearings,a distance of 157.76 feet for a Point of Beginning; thence continue S 00144'49",8.0 feet to the point on the North right of way line of State Road 419; thence run S 75117146" E,along said North line,8.00 feet; thence run N 37°16'29"W 12.60 feet to the Point of Beginning. EXHIBIT A SKETCH OF DESCRIPTION OF A part of Lot 34,ENIZMINGER FARMS ADWION NO.2 Legal Description BEGINNING at the Northeast Comer of Lot 34,ENTZMINGER FARMS ADDITION NO. 2, according to the plat thereof as recorded to Plat e East Line of said Lot 34 for a basis of Ion the 4449'W. a thence run 5.00° Soak 5,Page 9,of the Public Records of Seminole County,Florida,then 9 bearings,a distance of 16519 feet td a point on the North Right-of--way Line of State Road 419;thence run N.75°1T46'IIV.,along said Forth fee thence run N.27'51'59S 10.00 feet;thence run N.00'44'49`E.,parallel with the East line of said Lot 34,a distance of 1b5.76 Line, 15.00 fi feet to a point on the North Line of said Lot 34;thence run 5.7501507'E.,along said North Una, 10.31 feet to the Point of Beginning.Said parcel contains 1681 square feet SURVEY NOTES: 1) This is not a"Boundary Surrey',only a sketch of the above legal description prepared by this surveyor. 2) This legal description was prepared on 19 April 2010. SURVEYOR'S CERTIFICATE This is to certify that this`Sketch of Description°of the above 4esaibed property and the plat hereon delineated is an accurate representation of the same.I further certify that this survey meets the Min'Imum Technical standards set forth by the Florida Board of Surveyors and Mappers pursuant to Chapter 61 G17-06 of the Florida Administrative Code pursuant to Section 472.027 of the Florida Statutes. fp 7-%?� KITNER SURVEYING,INC. R.BLAIR KITNER—P.S.M..NO.3382 2597 SANFORD AVENUE—SANFORD,FLORIDA 32773 4/173222000 p0! NBC CDAS NF OROR BfG�NNI \ c ~NOROR7; L►� o Z/iV'/A O CIT 34 Nf' tT 34Ap O �3 L0 o � L� I LO to II 'totn W 34wi In LL I W ti (n J 3 i V 33 p a i Z o s N In R m RrOT OFF Wq y[ENE o. r AP SEC 7,ON©, LINE TABLE _ NUMBER DIRECTION DISTANCE 2506 L7 N 75'17'46" W 15.00' L2 N 27*5129 E 10.00' E L3 S 75-15'07" E 10.31 PROJ. NO. 10-111(A) i 1 L GIBILITY UNSA ISFAG WA FOR SCANININQ SKETCH OF DESCRIPTION OF A part of Lot A ENTZMINGER FARMS ADDITION NO.2 Legal Description COMMENCING at the Northwest Comer of Lot 33,ENTZMINGER FARMS ADDITION NO.2,according to the plat thereof as recorded in Plat Book 5,Page 9,of the Public Records of Seminole County,Florida,thence run S.044'49'W.,along the West Line of said Lot 34 for a basis of bearings,a distance of 157.76 feet for a POINT OF BEGINNING;thence.continue S.000,W4WW.8.00 feet to a point on the.North Right-of way Line of State Road 419, thence nm 8.750746"E., along said North Line, 8.00 feel; thence run N.37116'2TW. 12.60 feet to the Point of Beginning.Said parcel contains 31 square feet SURVEY NOTES: 1) This is not a'Boundary Survey',only a sketch of the above legal description prepared by this surveyor. 2) This legal description was prepared on 19 April 2010. SURVEYOR'S CERTIFICATE This is to certify that this-Sketch of Description'of the above-described property and the plat hereon delineated Is an accurate representation same,I further certify that this survey meets the Minimum Technical standards set forth by the Florida Board of Surveyors and Mappers of the fY Y pursuant to Chapter 11 G17-06 0.the Florida Administra5ve Code pursuant to Section 472.027 of the Florida Statutes. KITNER SURVEYING,INC. R.BLAIR KITNER—P.S.M.NO.3382 2597 SANFORD AVENUE I —SANFORD,,FLORIDA 32773 �1000 POINT OF COMMENCEMENT NW CORNER LOT 33 v A TL A N o I rlc COASTLINE RAILROAD IUjµ BEGINNING33 cn V7 POINT OF ulvc C j I J �,..»«„• "��®,,_fir."-� a LINE TABLEe NUMBER DIREC'nON DISTANCE l °� " °° 2 '17' ° P BROWN', a4RGAIVESE, WEEISS &DAGRESTA, P.A. 111 N. Orange Ave., Ste. 2000 Orlando, FL 32801 CLOSING STAXEiMENT AND DISBURSEMENT SHEET SELLER BARTHOLOMEW D. and CYNTHIA D. PHU-LIPS BUYER 1,HE CITY OF WINTER SPRINGS PROPERTY- DDESCRIPTION WADE STREET C'LOSING DATE ALIGUST 9, 2010 COINTRACT "'ODE ENFORCEMENT LIEN SATISFACTION AGREEMENT DATED APRIL 27, 2010 .......... PURCHASE PRICIE: CREDIT SELLER CREDIT BUYER Donation - no consideration $0.00 EXPENSES- 'QHARGE SELLER CHARGE BUYER Recordina Deed $44.00 C Documentary Stamp tax .70 Title Search $75.00 Owner's Title insurance Prtzrdum $287.50 Survey POC L ax--i 2010 $0.08 Payment ol City Admipistra-five Fees $500.00 TOTAL $500.08 $407.20 RECAPITULATION Seller Buyer Cash at Closing $0.00 Cash at Closing $0.00 Less: Expenses $500.08 Plus Expenses $407.20 TOTAL CASH TOTAL CASH DUE FROM SELLER. $500.08 FROM BUYER: $407.20 Page 2 of 4 APPROVAL OF CLOSING STATEMENT AND DISBURSEMENT SHEET, INSTRUCTIONS TO CLOSING AGENT Buyer hereby acknowledges that it has read and approved the foregoing Closing Statement and Disbursement Sheet and Recapitulation, agrees that said documents accurately reflect the substance of the financial aspects of the transaction contemplated by the Contract, and hereby approves and directs Closing Agent's disbursement of the proceeds and expenses of the subject transaction in the manner, amounts and to the persons hereinabove set forth. jn the case of estimated closing costs and expenses directed to be paid by the Closing Agent, as aforesaid,the Buyer understar,6,s a-rid agrees that in the event that the actual expense is less than the estimate, the Buyer will be refunded the difference between the estimate and the actual expense and agree that if the actual expense is more than the estimate, the Buyer will required to pay the actual expense over and above the estimate. APPROVED BY BUYER: CITY OF WINTER RINGS �Pj ......................—...........Sievin dt i, City Manager teated:, ' C ...... D C , j, 2010 . Page 3 of 4 APPROVAL OF CLOSING STATEMENT AND DISBURSEMENT SHEET; INSTRUCTIONS TO CLOSING AGENT Sellers hereby acknowledge that they have read and approved the foregoing Closing Statement and Disbursement Sheet and Recapitulation, agree that said documents accurately reflect the substance of the financial aspects of the transaction contemplated by the Contract, and each hereby approve and direct Closing Agent's disbursement of the proceeds and expenses of the subject transaction in the manner, amounts and to the persons hereinabove set forth. In the case of estimated closing costs and expenses directed to be paid by the Closing Agent, as aforesaid,the Sellers understand and agree that in the event that the actual expense is less than the estimate, the Sellers will be refunded the difference between the estimate and the actual expense and agree that if the actual expense is more than the estimate, the Sellers will be required to pay the actual expense over and above the estimate. APPROVED BY SELLER: BARTHOLOMEW D. AND CYNTHIIA D P1 LLIPS Bartholomew D. Phillips Date: 'p2 Cthia D. Phillips V Date: 0 Page 4 of 4 AFFIDAVIT OF NO LIENS (Seller) STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME, the undersigned authority authorized to take oaths and administer acknowledgments, personally appeared BARTHOLOMEW D. PHILLIPS and CYNTHIA D. PHILLIPS,husband and wife,("Affiants"), who duly sworn under penalties of perjury, depose and state as follows: 1. Affiants represents that they are currently the fee simple owners of the property described in the Old Republic National Title Insurance Company Commitment attached hereto as Exhibit"A"and incorporated by reference,and they have personal knowledge of the matters noted herein. 2. Affiants are aware of no defects,liens,encumbrances,or other adverse matters affecting title, other than those disclosed in the attached Commitment. 3. That no persons or entities other than Affiants are entitled to the right of possession or are in possession of the land, and that Affiants' rights to title and possession of the land are not in dispute or question,and there are no tenancies,leases,or other occupancies that affect the property. 4. There are no disputes concerning the location of the boundary lines of the property and there are no easements or claims of easements not shown by the public records. 5. There are no outstanding or unpaid taxes, assessments, fees, or obligations of any nature, owed to any governmental authority at this time (pending or certified) or any unpaid or unsatisfied mortgages,claims of lien or other matters that constitute or could constitute a lien or encumbrance against the property or any improvements on it or any part of it or against any personal property located on it other than real property ad valorem taxes for the current year. 6. That there are no actions,proceedings,judgments,liens or executions against said owner in any court remaining unpaid which affect the property;that there are no suits pending against said owner in any court, except for City of Winter Springs Code Enforcement Lien Satisfaction Agreement,recorded in the Public Records of Seminole County,Florida,Book 7378, Page 865. 7. Affiants are not part of any bankruptcy proceeding under the U.S. Code,or insolvency under any state statutes, and are not currently in bankruptcy or the subject of a state insolvency statute. 8. That no work has been done or materials furnished to the land for the past ninety(90)days which could give rise to construction liens being imposed under the provisions of Florida Statutes Chapter 713, Part I. 9. Affiants have not and will not execute any instrument or do any act whatsoever which could or might in any way affect the title to the foregoing property to the detriment of THE CITY OF WINTER SPRINGS, FLORIDA, which is purchasing the property from Affiants. 10. That said Affiants recognize that some of the purposes of this affidavit are to induce THE CITY OF WINTER SPRINGS, FLORIDA,to purchase said property. 11. Affiants are aware that Old Republic National Title Insurance Company and Brown, Garganese, Weiss&D'Agresta,P.A.are relying upon this Affidavit to issue a title insurance policy in accordance with the aforesaid Commitment. Affiants do hereby indemnify and hold harmless Old Republic National Title Insurance Company and Brown, Garganese, Weiss& D'Agresta, P.A. against any loss or damage, including reasonable attorneys' fees and costs, through all appellate proceedings, caused as a result of any material false statements contained in this Affidavit. 12. This Affidavit is given for the purpose of clearing any possible questions or objections to the title to the above referenced property, and for the purpose of inducing Brown, Garganese, Weiss&D'Agresta,P.A.and Old Republic National Title Insurance Company to issue title insurance on the subject property,with the knowledge that said title company is relying upon the statements set forth herein. 13. Affiants are familiar with the nature of an oath and with the penalties as provided by the laws of the United States and the State of Florida for falsely swearing to statements made in an instrument of this nature. Affiants have read, or heard read, the full facts of this Affidavit and understand its context. Affiants have caused this Affidavit to be executed this 2 7 dayofA+tgtrft, 20l0. F : mm .. � BARTHIIOMEW .. D. P[ IL,LIPS C'�'"�,JHIA D. PHILLIPS SWORN TO AND SUBSCRIBED before me this ,2 7 day of A+tgttst, 2010, by BARTHOLOMEW D.PHILLIPS and CYNTHIA D.PHILLIPS[ ]who are personally known me ] who has produced as identification. ,d (Notary Seal) OTARY PUBLIC l My Commission Expires:5� KS I AV4 MCCALLL "Mod, Page 2 of 2 EXHIBIT * c Old Republic National Title Insurance Company 2300 Maitland Center Parkway#140 Maitland,Florida 32751 Revised Date: May 24,2010 9:22 am SCHEDULE A FILE NO.: 10040441 SS Agent File# 1193 County: Seminole 1. Effective Date: May 7,2010 at 8:00 A.M. 2. Policies to be Issued: (a) ALTA OWNER'S POLICY Standard Form B 1992 Amount: To Be Determined (amended 10/17/92 with Florida Modifications) Proposed Insured: City of Winter Springs (b) ALTA STANDARD LOAN POLICY 1992 Amount: To Be Determined (amended 10/17/92 with Florida Modifications) Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment is Fee Simple. 4. Title to the Fee Simple estate or interest in the land is at the Effective Date vested in: Bartholomew D.Phillips and Cynthia D.Phillips,husband and wife 5. The land referred to in this Commitment is situated in the County of Seminole, State of Florida,and described as follows: See Attached Legal Description ALTA COMMITMENT Page I FILE NO.: 10040441 SCHEDULE B-SECTION I REQUIREMENTS The following requirements must be met: 1. Payment of the full consideration to,or for the account, of,the grantors or mortgagors. 2. Instrument(s)necessary to create the estate or interest to be insured must be properly executed,delivered and duly filed for record: a) Warranty Deed from Bartholomew D.Phillips and Cynthia D.Phillips,husband and wife to the proposed insured. 3. Other instruments which must be properly executed,delivered and duly filed for record,and/or other matters which must be furnished to the company: a) Partial Release of the Mortgage in favor of Billy S.Piloian and Gladys G.Piloian,recorded March 31, 2000 in Official Records Book 3825,Page 792;Assignment recorded in Official Records Book 4710, Page 1679, NOTE: All recording references in this commitment/policy shall refer to the Public Records of Seminole County, unless otherwise noted. SCHEDULE B SECTION H IS CONTINUED ON AN ADDED PAGE ALTA COMMITMENT Page 2 FILE NO.: 10040441 SCHEDULE B-SECTION H Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Defects,liens,encumbrances,adverse claims or other matters,if any created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Facts which would be disclosed by an accurate and comprehensive survey of the premises herein described. 3. Rights or claims of parties in possession. 4. Construction, Mechanic's, Contractors' or Materialmen's lien claims, if any, where no notice thereof appears of record. 5. Easements or claims of easements not shown by the public records. 6. General or special taxes and assessments required to be paid in the year 2010 and subsequent years. 7. Any lien provided by County Ordinance or by Ch. 159,F.S., in favor of any city,town,village or port authority,for unpaid service charges for services by any water systems, sewer systems or gas systems serving the land described herein;and any lien for waste fees in favor of any county or municipality. 8. Resolution and evidence of Florida Power Easement as contained in the Ordinance recorded in Official Records Book 7295,Page 1484. 9. All matters contained on the Plat of Entzminger Farms Addition No.2,as recorded in Plat Book 5,Page 9. 10. Lien Satisfaction Agreement recorded in Official Records Book 7378,Page 858. Note: Taxes for the year 2010 became a lien on the land January 1,2010 although not due or payable until November 1,2010. Taxes for the year 2009 in the amount of$2,080.51 are PAID. Tax ID Number 34-20- 30-5AW-0000-0340 and 34-20-30-5AW-0000-0330. Note: The following is for informational purposes only and will not appear in the policy to be issued: The following deed(s)affecting the land described in Schedule A hereof cover a minimum twenty-four month period prior to the effective date of this commitment: Official Records Book 3825,Page 790. ALTA COMMITMENT Page 3 FILE NO.: 10040441 EXHIBIT A Beginning at the Northeast corner of Lot 34,ENTZMINGER FARMS ADDITION NO.2,according to the plat thereof as recorded in Plat Book 5,Page 9,of the Public Records of Seminole County,Florida; thence run S 00144'49"W,along the East line of said Lot 34 for a basis of bearings,a distance of 165.79 feet to a point on the North right of way line of State Road No.419; thence run N 75017'46" W,along said North line, 15.00 feet; thence run N 27151'59" E,10.00 feet;thence run N 00144'49" E,parallel with the East line of said Lot 34,a distance of 155.76 feet to a point on the North line of said Lot 34; thence run S 75015'07" E,along said North line, 10.31 feet to the Point of Beginning. and Commencing at the Northwast corner of Lot 33,ENTZMINGER FARMS ADDITION NO.2,according to the plat thereof as recorded in Plat Book 5,Page 9,of the Public Records of Seminole County,Florida; thence run S 00044'49"W,along the West line of said Lot 34 for a basis of bearings,a distance of 157.76 feet for a Point of Beginning; thence continue S 00144'49",8.0 feet to the point on the North right of way line of State Road 419;thence run S 75017'46" E,along said North line,8.00 feet;thence run N 37116129" W 12.60 feet to the Point of Beginning. ALTA COMMITMENT Page 4 Owner's Policy Arnerican Land Title Association Owner's Policy 10-17-92 with Florida modifications Policy Number SDC-08084971 File Number: 10040441 SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY,a Minnesota 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; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. 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. IN WITNESS WHEREOF,the said Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers as of the date shown in Schedule A,the policy to be valid when countersigned by an authorized officer or agent of the Company. Issued through the Office of: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy Issuer: A Stock Company BROWN,GARGANGEANE NU , EISS#200 &D'AGRESTA,P.A. 400 Second AVP.noe South,Minneapolis,Minnesota 55401 111 N ORANGE AVENUE,#2000 ORLANDO,FL 32802-2873 (612)371 1111 PHONE;4W 25-9566 / President Author zed Signstorl ORT Form 331.AL"A.0wner',Policy 10 Seffet8ly v;:th r orida inca'f rations Attest EXCLUSIONS FROM COVERAGE by reason of the public records as defined in this policy or any other records which impart constructive notice of rnatters affecting the land. The following matters are expressly excluded from the coverage (d) "land":the land described or referred to in Schedule A,and of this policy and the Company will not pay loss or damage,costs, improvements affixed thereto which by law constitute real property. attorneys'fees or expenses which arise by reason of: Tho terra"land"does not include any property beyond the lines of 1. (a) Any law,ordinance or governmental regulation(including,but the area described or referred to in Schedule A,nor any not limited to,building and zoning laws,ordinances,or regulations) right,title,interest,estate or easement in abutting streets,roads, restricting,regulating,prohibiting or relating to(i)the occupancy, avenues,alloys,lanes,ways or waterways,but nothing herein shall use,or enjoyment of the land;(ii)the character,dimensions or modify or lirnit the extent to which a right of access to and iron the location of any improvement now or hereafter erected on the land; land is insured by this policy. (iii)a separation in ownership or a change in the dimensions or area (e) "mortgage":mortgage,deed of trust,trust deed,or other of the land or any parcel of which the land is or was a part;or(iv) security instrument. environmental protection,or the effect of any violation of these laws, (f) "public records records established under state statutes at ordinances or governmental regulations,except to the extent that a Date of Policy for the purpose of imparting constructive notice of notice of the enforcement thereof or a notice of a defect,lien or matters relating to real property to purchasers for value and without encumbrance resulting from a violation or alleged violation affecting knowledge.With respect to Section 1(a)(iv)of the Exclusions frorn the land has been recorded in the public records at Date of Policy. Coverage,"public records"shall also include environmental protection (b) Any governmental police power not excluded by(a)above, liens filed in the records of the clerk of the United States District except to the extent that a notice of the exercise thereof or a notice Court for the district in which the land is located, of a defect,lien or encurbrarice resulting from a violation or alleged (g) "unmarketability of the title":an alleged or apparent matter violation affecting the land has boon recorded in the public records affecting the title to the land,not excluded or excepted from at Date of Policy. coverage,which would entitle a purchaser of the estate or interest 2. Rights of eminent domain unless notice of the exercise thereof described in Schedule A to be released from the obligation to has been recorded in the public records at Date of Policy,but not purchase by virtue of a contractual condition requiring the delivery of excluding from coverage any taking which has occurred prior to Date marketable title. of Policy which would be binding on the rights of a purchaser for value without knowledge. 2. Continuation of Insurance After Conveyance of Title. 3. Defects,liens,encumbrances,adverse claims,or other matters: The coverage of this policy shall continue in force as of Date of (a) created,suffered,assumed or agreed to by the insured Policy in favor of an insured only so long as the insured retains an claimant; estate or interest in the land,or holds an indebtedness secured by a (b) not known to the Company,not recorded in the public purchase money mortgage given by a purchaser from the insured,or records at Date of Policy,but known to the insured claimant and not only so long as the insured shall have liability by reason of covenants disclosed in writing to the Company by the insured claimant prior to of warranty made by the insured in any transfer or conveyance of the the date the insured claimant became an insured under this policy; estate or interest.This policy shall not continue in force in favor of (c) resulting in no loss or damage to the insured claimant; any purchaser from the insured of either(i)an estate or interest in (d) attaching or created subsequent to Date of Policy;or the land,or(ii)an indebtedness secured by a purchase money (e) resulting in loss or damage which would not have been mortgage given to the insured. sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. Notice of Gann to be Given by Insured Claimant. 4. Any claim,which arises out of the transaction vesting in the The insured shall notify the Company promptly in writing(i)in insured the estate or interest insured by this policy,by reason of the case of any litigation as set forth in Section 4(al below,(ii►incase operation of federal bankruptcy,state insolvency,or similar creditors' knowledge shall come to an insured hereunder of any claim of title or rights laws,that is based on: interest which is adverse to the Title to the estate or interest,as (a) the,transaction creating the estate or interest insured by this insured,and which might cause loss or damage for which the policy being deemed a fraudulent conveyance or fraudulent transfer;or Company may be liable by virtue of this policy,or(iii)if title to the (b) the transaction creating the estate or interest insured by this estate or interest,as insured,is rejected as unmarketable.If prompt policy being deemed a preferential transfer except where the notice shall not be given to the Company,Lhen as to the insured all preferential transfer results from the failure: liability of the Company shall terminate with regard to the matter or (i) to timely record the instrument of transfer;or matters for which prompt notice is required;provided,however,that failure to notify the Company shall in no case prejudice the rights of value or a judgment(ii} of such recordation a or lien creditor,to impart notice to a purchaser for any insured under this policy unless the Company shall he prejudiced by the failure and then only to the extent of the ie udice CONDITIONS AND STIPULATIONS p -j' ••• i. Definition of Terms. 4. Defense and Prosecution of Actions;Duty of Insured Claimant to The following terms when used in this policy mean: Cooperate, (a) "insured":the insured named in Schedule A,and,subject to (a) Upon written request by the insured and subject to the any rights or defenses the Company would have had against the options contained in Section 6 of these Conditions and Stipulations, named insured,those who succeed to the interest of the named the Company,at its own cost and withoui unreasonable delay,shall insured by operation of law as distinguished from purchase including, provide for the defense of an insured in litigation in which any third but not limited to,heirs,distributees,devisees,survivors,personal party asserts a claim adverse to the title or interest as insured,but representatives,next of kin,or corporate or fiduciary successors. only as to those stated causes of action alleging a defect,lien or (b) "insured claimant":an insured claiming loss or damage. encumbrance or other matter insured against by this policy.The (c) "knowledge"or"known":actual knowledge,not Company shall have the right to select counsel of Its choice,(subject ConStrUctive knowledge or notice which may be Imputed to an Insured 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 and memoranda in the custody or control of a third party,which Company will not pay any fees,costs or expenses incurred by the reasonably pertain to the loss or damage.All information designated insured in the defense of those causes of action which allege matters as confidential by the insured claimant provided to the Company not insured against by this policy. pursuant to this Section Shull not be disclosed to others unless,III (b) The Company shall have the right,at its own cost,to the reasonable judgment of the Company,it is necessary in the institute and prosecute any action or proceeding or to de any other administration of the claim.Failure of the insured claimant to submit act which in its opinion may be necessary or desirable to establish for examination under oath,produce other reasonably requested the title to the estate or interest,as insured,or to prevent or reduce information or grant permission to secure reasonably necessary loss or damage to the insured.The Company may take any information from third parties as required in this paragraph shall appropriate action under the terms of this policy,whether or not it terminate any liability of the Company under this policy as to that shall be liable hereunder,and shall riot thereby concede liability or claim. waive any provision of this policy.If the Company shall exercise its rights under this paragraph,it shall do so diligently. 6. Options to Pay or Otherwise Settle Cla(rns;Termination of (c) Whenever the Company shall have brought an action or, Liability. interposed a defense as required or permitted by the provisions of In case of a claim under this policy,the Company shall have the this policy,the Company may pursue any litigation to final following additional options: determination by a court of competent jurisdiction and expressly (a) To Pay or Tender Payment of the Amount of Insurance. reserves the right,in its sole discretion,to appeal from any adverse To pay or tender payment of the amount of insurance under this judgment or order. policy,together with any costs,attorneys'fees and expenses incurred (d) In all cases where this policy permits or requires the by the insured claimant,which were authorized by the Company,up to Company to prosecute or provide for the defense of any action or the time of payment or tender of payment and which the Company is proceeding,the insured shall secure to the Company the right to so obligated to pay. prosecute or provide defense in the action or proceeding,and all Upon the exercise by the Company of this option,all liability and appeals therein,and permit the Company to use,at its option,the obligations to the insured under this policy,other than to make the name of the insured for this purpose.Whenever requested by the payment required,shall terminate,including any liability or obligation Company,the insured,at the Company's expense,shall give the to defend,prosecute,or continue any litigation,and the policy shall be Company all reasonable aid(i)in any action or proceeding,securing surrendered to the Company for cancellation, evidence,obtaining witnesses,prosecuting or defending the action or (b) To Pay or Otherwise Settle With Parties Other Than the proceeding,or effecting settlement,and(ii)in any other lawful act Insured or With the Insured Claimant, which in the opinion of the Company may be necessary or desirable (i) to pay or otherwise settle with other parties for or in to establish the title to the estate or interest as insured.If the the name of an insured claimant any claim insured against under this Company is prejudiced by the failure of the insured to furnish the policy,together with any costs,attorneys'fees and expenses incurred required cooperation,the Company's obligations to the insured tinder by the insured claimant which were authorized by the Company up to the policy shall terminate,including any liability or obligation to the time of payment and which the Company is obligated to pay;or defend,prosecute„or continue any litigation,with regard to the (ii) to pay or otherwise settle with the insured claimant matter or matters requiring such cooperation. the loss or damage provided for under this policy,together with any costs,attorneys'fees and expenses incurred by the insured claimant 5. Proof of Loss or0arnage. which were authorized by the Company up to the tirne of payment In addition to and after the notices required under Section 3 of and which the Company is obligated to pay. these Conditions and Stipulations have been provided the Company,a Upon the exercise by the Company of either of the options proof of loss or damage signed and sworn to by the insured claimant provided for in paragraphs(b)(i)or(ii),the Company's obligations to shall be furnished to the Company within 90 days after the insured the insured under this policy for the claimed loss or damage,other claimant shall ascertain the facts giving rise to the loss or damage. than the payments required to be made,shall terminate,including any The proof of loss or damage shall describe the defect in,or lien or liability or obligation to defend,prosecute,or continue any litigation. encumbrance on the title,or other matter insured against by this polity which constitutes the basis of loss or damage and shall state, 7. Determination,Extent ofLiabilityancl Coinsurance. to the extent possible,the basis of calculating the amount of the loss This policy is a contract of indemnity against actual monetary or damage.If the Company is prejudiced by the failure of the insured loss or damage sustained or incurred by the insured claimant who claimant to provide the required proof of loss or damage,the has suffered loss or damage by reason of matters insured against by Company's obligations to the insured under the policy shall terminate, this policy and only to the extent herein described. including any liability or obligation to defend,prosecute,or continue (a) The liability of the Company under this policy shall not any litigation,with regard to the matter or matters requiring such exceed the least of: proof of loss or damage. (i) the Amount of Insurance stated in Schedule A;or, In addition,the insured claimant may reasonably be required to (ii) the difference between the value of the insured estate submit to examination under oath by any authorized representative of or interest as insured and the value of the insured estate or interest the Company and shall produce for examination,inspection and subject to the defect,lien or encurnbrance insured against by this copying,at such reasonable times and planes as may be designated policy. by any authorized representative of the Company,all records,books, (b) The Company will pay only those costs,attorneys'fees and ledgers,checks,correspondence and rnernoranda,whether bearing a expenses incurred in accordance with Section 4 of these Conditions and date before or after Date of Policy,which reasonably pertain to the Stipulations. loss or damage.Further,if requested by any authorized representative d. Apportionment. of the Company,the insured claimant shall grant its permission, in If the land described in Schedule A consists of two or,more writing,for any authorized representative of the Company to examine, parcels which are riot used as a single site,and a loss is established inspect and copy all records,books,ledgers,checks,correspondence affecting one or more of the parcels but not all,the loss shall be computed and settled oil a pro rata basis as if the amount of If a payment on account of a claim does not fully cover the loss insurance under this policy was divided pro rata as to the value on of the insured claimant,the Company shall be subrogatetl to these Date of Policy of each separate parcel to the whole,exclusive of any rights and remedies in the proportion which the Company's payment iin prove merits made subsequent to Date of Policy,unless a liability or bears to the whole arnount of the loss. value has otherwise been agreed upon as to each parcel by the If loss should result from any act of the insured claimant,as Company and the insured at the time of the issuance of this policy stated above,that act shall not void this policy,but the Company,in and shown by an express statement or by an endorsement attached that event,shall be required to pay only that part of any losses to this policy, insured against by this policy which shall exceed the arnount,if any, 9, limitation of Liability. lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (a) If the Company establishes tile,title,Or removes the.alleged (bj The Company's Rights Against Non-insured Obligors. defect,lien or encumbrance,or cures the lack of a right of access to The;Company's right of subrogation against non-insured obligors or from the land,or cures the claim of unrnarketability of title,all as shall exist and shall include,without limitation,the rights of the insured litigation and the completion of insured,in a reasonably diligent manner by any method, includingany appeals therefrom,it shall have to indemnities,guaranties,other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments fully performed its obligations with respect to that matter and shall which provide for subrogation rights by reason of this policy. not be liable for any loss or darnage caused thereby. (b) In the event of any litigation,including litigation by the 14. Arbitration. Company or with the Company's consent,the Company shall have no Unless prohibited by applicable law,arbitration pursuant to liability for loss or damage until there has been a final determination the Title Insurance Arbitration Rules of the American Arbitration by a court of competent jurisdiction,and disposition of all appeals Association may be demanded if agreed to by both the Company therefrom,adverse to the title as insured. and the insured.Arbitrable matters may include,but are not (c) The Company shall not be liable for loss or damage to any limited to,any controversy or claim between the Company and insured for liability voluntarily assumed by the insured in settling any the insured arising out of or relating to this policy,any service of claim or suit without the prior written consent of the Company. the Company in connection with its issuance or the breach of a policy provision or other obligation.Arbitration pursuant to this 10, Reduction of Insurance;Reduction or Termination of Liability. policy and under the Rules in effect on the date the demand for All payments under this policy,except payments made for costs, arbitration is made or,at the option of the insured,the Rules in attorneys'fees and expenses,shall reduce the amount of the effect at Date of Policy shall be binding upon the parties.The insurance pro tanto. award may include attorneys'fees only if the laws of the state in which the land is located permit a court to award attorneys'fees 11, Liability Non-cumulative, to a prevailing party.Judgment upon the award rendered by the It is expressly understood that the amount of insurance under Arbitrator(s)may he entered in any court having jurisdiction this policy shall be reduced by any arnount the Company may pay thereof. under any policy insuring a mortgage to which exception is taken in The law of the situs of the land shall apply to an Schedule B or to which the insured has agreed,assumed,or taken arbitration under the Title Insurance Arbitration Rules. subject,or which is hereafter executed by an insured and which is a A copy of the Rules may be obtained from the Company charge or lien oil the estate or interest described or referred to in upon request. Schedule A,and the amount so paid shall be deemed a payment 15, LiabilityLitnited to this Policy,Policy Entire Contract. under this policy to the insured owner. (a) This policy together with all endorsements,if any,attached 12. Payment of Loss. hereto by the Company is the entire policy and contract between the (a) No payment shall be rnade without producing this policy insured and the Company.In interpreting any provision of this policy, for endorsement of the payment unless tile,policy has been lost or this policy shall be construed as a whole. destroyed,in which case proof of loss or destruction shall be (b) Any claim of loss or damage,whether or not based on furnished to the satisfaction of the Company, negligence,and which arises out of the status of the title to the (b) When liability and the extent of loss or damage,has been estate or in covered hereby or by any action asserting such definitely fixed in accordance with these Conditions and Stipulations, claim,shall be restricted to this policy. the loss or damage shall be payable within 30 days thereafter. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either 13. Subrogation Upon Payment or Settlement. the President a Vice President,the Secretary,an Assistant Secretary,or (a) The Company's Right of Subrogation. Validating Officer or Authorized Signatory of the Company. Whenever the Company shall have settled and paid a claim under this policy,all right of subrogation shall vest in the Company 16. Severability. unaffected by any act of the insured clairnant. In the event any provision of the policy is hold invalid or The Company shall be subrogatetl to and be entitled to all unenforceable under the applicable law,the policy shall be deemed not to rights and remedies which the insured clairnant would have had include that provision and all other provisions shall remain in full against any person or property in respect to the clairn had this policy force and effect. not been issued. If requested by the Company,the insured claimant 17.Notices, Where Sent. shall transfer to the Company all rights and remedies against any All notices required to be given the Company and any statement in person or property necessary in order to perfect this right of writing required to be furnished the Company shall include the number of subrogation.The insured claimant shall perrnit the Company to sue, this policy and shall be addressed to the Company at its home office, compromise or settle in the name of the insured claimant and to use 400 Second Avenue South,Minneapolis,Minnesota 55401,(612)371-1111. the name of the insured claimant in any transaction or litigation involving these rights or remedies. C SCHEDULE A OWNER'S POLICY SCHEDULE A AGENT FILE NUMBER: 1193 POLICY NUMBER: SDC-08084971 ORT FILE NUMBER: 10040441 AMOUNT: $ 50,000 1. Policy Date: November 8, 2010 at 3:32 p.m. 2. The Insured hereunder, in whom title to the fee simple estate is vested at the date hereof, is: City of Winter Springs, a Florida municipal corporation 3. The land referred to in this Policy is situated in the County of Seminole, State of Florida, and described as follows: Beginning at the Northeast corner of Lot 34, ENTZMINGER FARMS ADDITION NO. 2, according to the plat thereof as recorded in Plat Book 5, Page 9, of the Public Records of Seminole County, Florida; thence run S 00°44'49"W, along the East line of said Lot 34 for a basis of bearings, a distance of 165.79 feet to a point on the North right of way line of State Road No.419; thence run N 75*17'46"W,along said North line, 15.00 feet;thence run N 27°51'59" E, 10.00 feet; thence run N 00°44'49" E, parallel with the East line of said Lot 34, a distance of 155.76 feet to a point on the North line of said Lot 34; thence run S 75°15'07" E, along said North line, 10.31 feet to the Point of Beginning. and Commencing at the Northwast corner of Lot 33, ENTZMINGER FARMS ADDITION NO. 2, according to the plat thereof as recorded in Plat Book 5, Page 9, of the Public Records of Seminole County, Florida; thence run S 00°44'49"W, along the West line of said Lot 34 for a basis of bearings, a distance of 167.76 feet for a Point of Beginning; thence continue S 00°44'49", 8.0 feet to the point on the North right of way line of State Road 419; thence run S 75°17'46" E, along said North line, 8.00 feet; thence run N 37`16'29"W 12.60 feet to the Point of Beginning. THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED. SCHEDULE B AGENT FILE NUMBER: 1193 POLICY NUMBER: SDC-08084971 ORT FILE NUMBER: 10040441 This policy does not insure against loss or damage by reason of the following: 1. Easements or claims of easements not shown by the public records. 2. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled and artificially exposed lands and lands accreted to such lands. 3. State road right reservations, if any. 4. Oil, gas and mineral right reservations, if any. 5. General or special taxes and assessments required to be paid in the year 2010 and subsequent years. Parcel ID No.: 34-20-30-5AW-0000-0340 and 34-20-30-5AW-0000-0330. 6. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charge for service by any water, sewer or gas system supplying the insured land. 7. Resolution and evidence of Florida Power Easement as contained in the Ordinance recorded in Official Records Book 7295, Page 1484. 8. All matters contained on the Plat of Entzminger Farms Addition No. 2, as recorded in Plat Book 5, Page 9. 9. Lien Satisfaction Agreement recorded in Official Records Book 7378, Page 858.