Loading...
HomeMy WebLinkAboutLawyers Title Insurance Corporation -1997 03 11 " ,~ . ' LAWYERS TITLE INSURANCE CORPORATION NATIONAL HEADQUARTERS RICHMOND, VIRGINIA COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. EFFECTIVE DATE: March 11, 1997 at 5:00 P.M. CASE NO. 2-9701745 2. POllCY OR POllCIES TO BE ISSUED: (a) AMOUNT $ 42,167.34 ALTA OWNER'S POllCY, FORM B 1992 (10-17-92) WITH FLORIDA MODIFICATIONS: PROPOSED INSURED: THE CITY OF WINTER SPRINGS, FLORIDA (b) AMOUNT $ ALTA LOAN POllCY, 1992 (10-17-92) WITH FLORIDA MODIFICATIONS: PROPOSED INSURED: NONE (c) AMOUNT $ NONE 3. TITLE TO THE FEE SIMPLE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS COMMITMENT IS AT THE EFFECTIVE DATE HEREOF VESTED IN: ROBERT A. YEAGER, TRUSTEE 4, THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: SEE ATTACHED SCHEDULE A COUNTERSIGNED AT SANFORD, FLORIDA Commitment No. 2-9701745 Schedule A - Page 1 ~ 0fIicer or Agent THIS COMMITMENT IS INV AU>> UNLESS THE INSURING PROVISIONS AND SCHEDULES A AND B ARE ATTACHED. .~ . . ' SCHEDULE A CONTINUED That part of the map of the PHaIP R. YONGE GRANT, as recorded in Plat Book 1, Pages 35 through 38, Public Records of Seminole County, Florida, more particularly described as follows: Commence at the Northeast comer of Section 8, Township 21 South, Range 31 East, Seminole County, Florida; thence run South 00 degrees 24 minutes 55 seconds East, along the East line of the Northeast Quarter of said Section 8, a distance of 205.56 feet to the Northerly Right-of-way line of the Lake Charm Branch of the Seaboard Coast Line Railroad (S.C.L) (100' RlW); thence run North 54 degrees 34 minutes 57 seconds West, along said Northerly right-of-way line, a distance of 293.14 feet to a point on a curve, concave Southwesterly, having a central angle of 24 degrees 44 minutes 10 seconds and a radius of 1959.19 feet; thence from a tangent bearing of North 66 degrees 56 minutes 09 seconds West, run Northwesterly along the arc of said curve and said Northerly right-of- way line, a distance of 845.83 feet to the point of tangency; thence run North 79 degrees 18 minutes 14 seconds West, along said Northerly right-of-way line, a distance of 691.26 feet to the point of curvature of a curve, concave Southwesterly, having a central angle of 11 degrees 46 minutes 38 seconds and a radius of 2612.09 feet; thence run Northwesterly, along the arc of said curve and said Northerly right-of-way line, a distance of 536.92 feet to the point of tangency; thence run South 88 degrees 55 minutes 08 seconds West, along said Northerly right-of-way line a distance of 178.11 feet to the Westerly right-of-way line of Vista willa Drive; thence run North 10 degrees 23 minutes 19 seconds East along said Westerly right-of-way line, a distance of 16.23 feet to the point of curvature of a curve, concave Southeasterly, having a central angle of 69 degrees 00 minutes 18 seconds and a radius of 540.00 feet; thence run Northeasterly along the arc of said curve and said Westerly right-of-way line, a distance of 650.36 feet to the point of reverse curvature of a curve, concave Northwesterly, having a central angle of 14 degrees 57 minutes 22 seconds and a radius of 710.00 feet; thence run Northeasterly along the arc of said curve and said Westerly right-of-way line, a distance of 185.33 feet; thence departing said Westerly right-of-way line, run North 30 degrees 22 minutes 39 seconds West, along a non radial line, a distance of 356.04 feet; thence North 89 degrees 52 minutes 39 seconds West, a distance of 2147.50 feet; thence North 00 degrees 07 minutes 21 seconds East, a distance of 100.00 feet to a point on the North line of the proposed Plat of HOWELL CREEK RESERVE PHASE THREE; thence North 89 degrees 52 minutes 39 seconds West, along said North line, a distance of 199.59 feet; thence departing said North line, run North 00 degrees 07 minutes 21 seconds East, a distance of 320.00 feet for a POINT OF BEGINNING; thence continue North 00 degrees 07 minutes 21 seconds East, a distance of 218.78 feet to a point on the South right-of-way line of State Road 434, as depicted on right-of-way Maps for State Road No. 434, Section 77070-2517; thence South 89 degrees 49 minutes 07 seconds East along said South right-of-way line, a distance of 262.03 feet; thence departing said South right-of-way line, run South 10 degrees 23 minutes 19 seconds East, a distance of 73.62 feet; thence South 24 degrees 26 minutes 37 seconds East, a distance of 77.74 feet; thence South 28 degrees 05 minutes 28 seconds East, a , . . distance of 85.60 feet; thence North 89 degrees 52 minutes 39 seconds West, a distance of 348.24 feet to the POINT OF BEGINNING. SCHEDULE A - PAGE 2 COMMITMENT NO. 2-9701745 " SCHEDULE B--SECTION 1 THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WIm: REQUIREMENTS ITEM (a) PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED, ITEM (b) PROPER INSTRUMENT(S) CREATING THE ESTATE OR INTEREST TO BE INSURED MUST BE EXECUTED AND DULY FIlED OF RECORD TO WIT: 1. Proper conveyance from ROBERT A. YEAGER, individually and as trustee to THE CITY OF WINTER SPRINGS, FLORIDA, conveying the estate to be insured. Item (c) Item (d) Item (e) An affidavit in acceptable form must be given by the seller (or mortgagor) stating that there are no encumbrances upon the subject property other than as may be recited herein, and that there have been no improvements made upon the property within the past ninety (90) day~ for which there remain any outstanding and unpaid bills for labor, materials or supplies for which a lien or liens might be claimed. Release of the subject property from that certain Mortgage executed by Robert A. Yeager, individually and as Trustee, in favor of United National Bank, dated September 9, 1993, recorded September 13, 1993, in Official Records Book 2645, Page 1652; which Mortgage was modified in Official Records Book 2645, Page 1663; and in Official Records Book 2819, Page 1571; Affidavit of Memorandum of Trust filed April 20, 1995, in Official Records Book 2906, Page 735; Assignment of Note and Mortgage to Barnett Bank of Central Florida, N.A., filed April 20, 1995, in Official ReCords Book 2906, Page 741; and further modified by Mortgage Modification and Restatement Agreement dated April 20, 1995, filed April 20. 1995, in Official Records Book 2906, Page 742, all of the Public Records of Seminole County, Florida. Affidavit by Robert A. Yeager that the trust dated September 9, 1993, a memorandum of which was recorded April 20, 1995, in Official Records Book 2906, Page 735, remains in full force and effect, has not been amended and revoked and Robert A. Yeager remains the trustee. Item (f) Release of the subject property from that certain Mortgage executed by Robert A. Yeager, individually and as trustee, in favor of Barnett Bank, N.A., dated November 18, 1996, recorded December 2, 1996, in Official Records Book 3164, Page 734. THIS COMMITMENT IS INVALID UNLESS THE INSURING PROVISIONS AND SCHEDULE B-SECTION 1-PAGE 1 SCHEDULES A AND BARE ATIACHED. COMMITMENT NO. 2-9701745 .f, " . ,r' SCHEDULE B-SECTION 2 EXCEPTIONS THE POllCY OR POllCIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLWWING UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY. 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, frrst 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. Taxes for the year 1997 and any taxes and assessments levied or assessed subsequent to the effective date hereof, and taxes or assessments which are not shown as existing liens by the public records. NOTE: Real estate taxes for the year 1996 have been paid; Gross amount being $19,554.64; Tax J.D. #31-20-31-5BB-OOOO-019A (Tax parcel includes additional lands.) 3. Any state of facts which an accurate surveyor a personal inspection of the premises might disclose, including easements and claims of easements not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material hereto fore or hereafter furnished, imposed by law and not shown by the public records. 5. Rights of parties in possession of the premises other than the record owner. 6. Terms and conditions of that certain Final Order Approving Settlement Agreement and Amendment to Annexation Ordinance No. 64, filed November 29, 1990, recorded in Official Records Book 2243, Page 1508; Ordinance No. 489 filed March 25, 1991, in Official Records Book 2277, Page 464; and Settlement Agreement and Amendment to Annexation Ordinance No. 64, filed March 25, 1991, and recorded in Official Records Book 2277, Page 469, all of the Public Records of Seminole County, Florida. 7. Memorandum of Post Closing Survival Agreement dated September 9, 1993, by and between Robert A. Yeager, Trustee, and Intomm, Inc., recorded September 13, 1993, in Official Records Book 2645, Page 1665; with First Amendment thereto dated April 27, 1995, recorded May 1, 1995, in Official Records Book 2909, Page 1668, all of the Public Records of Seminole County, Florida. 8. Agreement between Robert A. Yeager, as Trustee, and City of Winter Springs, dated April 8, 1994, recorded May 10, 1994, in Official Records Book 2769, Page 1822, Public Records of Seminole County, Florida (regarding impact fee credits). . '. .' . , -. 9. Drainage easement as described in that Order of Taking recorded March 24, 1994, in Official Records Book 2747, Page 496, Public Records of Seminole County, Florida. 10. Developer Agreement by and between Winter Springs Development Joint Venture, a Florida general partnership and the City of Winter Springs, dated Apri126, 1990, recorded July 18, 1996 in Official Records Book 3102, Page 1274, Public Records of Seminole County, Florida. NOTE: The Company may make other requirements or exceptions upon its review of the proposed documents creating the estate or interest to be insured or otherwise ascertaining details of the transaction. NOTE: Unless otherwise stated, all of the above mentioned instruments are recorded in the Public Records of Seminole County, Florida. NOTE: IF POLICY IS TO BE ISSUED IN SUPPORT OF A MORTGAGE LOAN, ATTENTION IS DIRECTED TO THE FACT THAT THE COMPANY CAN ASSUME NO LIABILITY UNDER ITS POLICY, THE CLOSING INSTRUCTIONS, OR INSURED CLOSING SERVICE FOR COMPLIANCE WITH THE REQUIREMENTS OF ANY CONSUMER CREDIT PROTECTION OR TRUTH IN LENDING LAW IN CONNECTION WITH SAID MORTGAGE LOAN. THIS COMMITMENT IS INVALID UNLESS THE INSURING PROVISIONS AND SCHEDULES A AND B ARE ATTACHED SCHEDULE B-SECTION 2-PAGE 1 COMMITMENT NO. 2-9701745 . .. ~ ""to., ,"'. In accordance with Florida Statutes Section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting the Lawyers Title Insurance Corporation Regional Office, 100 North Tampa Street, Suite 2050, Tampa, Florida 33602. Telephone: 813-222-1450. .. " .. , .. LAWYERS TITLE INSURANCE CORPORATION NATIONAL HEADQUARTERS RICHMOND, VIRGINIA COMMITMENT OR BINDER ENDORSEMENT Endorsement No. 1 RE: Yeager CASE NO: 2-9701745 The Commitment or Binder in the above matter is hereby amended in the following respects: 1) Paragraph 4 is amended to substitute the legal description contained in Exhibit "A" attached hereto and incorporated herein by reference. The effective date of the policy is extended to March 25, 1997, at 5:00 p.m. The total liability of the Company under said commitment or binder and under this and any prior endorsements thereto shall not exceed, in the aggregate, the amount of liability stated on the face of said commitment or binder as the same may be specifically amended in dollar amount by this or any prior endorsements, and the costs which the Company is obligated to pay under the Conditions and Stipulations of the policy committed for by said Commitment or binder. This endorsement is made a part of said commitment or binder and is subject to the schedules, terms, Conditions and Stipulations therein and in the policy committed for, except as modified by the provisions hereof. Nothing herein shall be construed as extending or changing the effective date of the aforesaid Commitment or Binder unless otherwise expressly stated. IN WITNESS WHEREOF, the Company has caused this Endorsement to be signed and sealed as of the 18th day of March, 1997, to be val id when countersigned by an authorized Officer or Agent of the Company, all in accordance with its By-Laws. Issued at: Amari, Theriac & Eisenmenger, P.A. 96 Willard Street, Suite 302 Cocoa, Florida 32922 n lAWYERS llll[ Insurance corporation Form 91-11-8 (Rev. 3-73)/035-2-091-1109/1 . .. .. . LEGAL DESCRIPTION/ EXlDBIT "A" That part of the map of the Philip R. Y onge Grant, as recorded in Plat Book 1, Pages 35-38, Public Records of Seminole County, Florida, more particularly described as follows: Commence at the Northeast corner of Section 8, Township 21 South, Range 31 East, Seminole County, Florida; thence run S 00024'55"E, along the East line of the Northeast ~ of said Section 8, a distance of 205.56 feet to the Northerly right- of-way line of the Lake Charm Branch of the Seaboard Coast Line Railroad (S.C.L.) (100' R/W); thence run N 54034'57"W, along said Northerly right-of- way line, a distance of 293.14 feet to a point on a curve, concave Southwesterly, having a central angle of 24044' 10" and a radius of 1959.19 feet; thence from a tangent bearing of N 66056'09"W, run northwesterly along the arc of said curve and said Northerly right-of-way line, a distance of 845.83 feet to the point of tangency; thence run N 79018'14"W, along said Northerly right-of-way line, a distance of 691.26 feet to the point of curvature of a curve, concave Southwesterly, having a central angle of 11 046'38" and a radius of 2612.09 feet; thence run Northwesterly, along the arc of said curve and said Northerly right-of-way line, a distance of 536.92 feet to the point of tangency; thence run S 88055'08" W, along said Northerly right of way line, a distance of 178.11 feet to the Westerly right-of- way line of Vistawilla Drive; thence run N 10023' 19"E, along said Westerly right- of-way line, a distance of 16.23 feet to the point of curvature of a curve, concave Southeasterly, having a central angle of 69000' 18" and a radius of 540.00 feet; thence run Northeasterly along the arc of said curve and said Westerly right-of-way line, a distance of 650.36 feet to the point of reverse curvature of a curve, concave Northwesterly, having a central angle of 14057'22" and a radius of 710.00 feet; thence run Northeasterly along the arc of said curve and said Westerly right-of-way line, a distance of 185.33 feet; thence departing said Westerly right-of-way line, run N 30022'39"W, along a non-radial line, a distance of 356.04 feet; thence N 89052'39"W, a distance of 2147.50 feet; thence N 00007"21 "E, a distance of 100.00 feet; thence N 89052'39"W, a distance of 199.59 feet; thence N 00007'21 "E, a distance of 320.00 feet for a point of beginning; thence continue N 00007'21 "E, a distance of 218.78 feet to a point on the South right-of-way line of State Road 434, as depicted on right-of-way maps for State Road No. 434, Section 77070-2517; thence S 89049'07"E along said South right-of-way, a distance of 262.03 feet, thence departing said south right-of-way line, run S 10023' 19"E a distance of 73.62 feet; thence S 24026'37"E, a distance of 77.74 feet; thence S 28005'28"E, a distance of 85.60 feet; thence N 89052'39"W, a distance of 348.24 feet to the point of beginning.