Loading...
HomeMy WebLinkAboutLuttrell, Madeleine M. Agreement -1984 06 15 ,- AGREEMENT This Agreement is entered into this 15th day of June, 1984, by and between Madeleine M. Luttrell (hereinafter called the "Seller") and The City of Winter Springs, a Florida incorporated municipality (hereinafter c~lled the "Buyer"). WITNESSETH: Whereas, Buyer and Seller have this date closed upon the pur- chase and sale of the following described real property located in Seminole County, Florida: Lots 1 through 25 and including Hoover Street, Luttrell Lane and the South One-Half (S~) of 2nd Street of Luttrell Park according to the plat thereof as recorded in Plat Book 11, Page 44 of the Public Records of Seminole County, Florida, being a portion of Lot 27, Block B of D. R. Mitchell's Survey of the Levy Grant as recorded in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida, lying Northeasterly of State Road 419 (Sanford-Oviedo Road), (hereinafter called the "Property") . Whereas, the total purchase price of the property is One Hundred Forty-Three Thousand Two Hundred Thirty-Three and 30/100 ($143,233.30) Dollars, based on a per acre price of Eighteen Thousand Nine Hundred Sixty-Five and 52/100 ($18,965.52) Dollars per acre. Whereas, Buyer has this date paid one-half (~) of the pur- chase price in accordance with the Contract for Sale and Purchase dated February 17, 1984. Whereas, the parties have agreed to provide for payment of the remaining one-half (~) of the purchase price after January 1, 1985, as hereinafter provided. Now, therefore, in consideration of the sums heretofore paid, and other good and valuable consideration, the receipt and suf- ficiency of which is hereby acknowledged, and the mutual covenants and agreements contained herein, the parties hereby agree as follows: 1. Payment of Balance of the Purchase Price. After January 1, 1985, the balance of the purchase price for the purchase of the Property, in the amount of Seventy-One Thousand Six Hundred Six- teen and 65/100 ($71,616.65) Dollars shall be due and payable within thirty (30) days after receipt of a written notice from Seller to Buyer, stating that the balance of purchase price pay- ment is due. At any time after January 1, 1985, Buyer may prepay any portion of the balance due in whole or in part prior to any demand being made by Seller. If not sooner paid, the balance of the purchase price shall be paid on or before December 31, 1985. 2. No Security. It is agreed by the parties that the balance of the purchase price due shall not be secured by any mortgage, note or other debt instrument other than this contractual agree- ment to pay said sum. 3. Binding Effect. This Agreement shall be binding upon the parties hereto and their heirs, successors and assigns in interest. -1- :--"'-,' 4. Attorneys Fees. In the event of any litigation to enforce the provisions of this Agreement, the prevailing party shall be entitled to a reasonable attorney's fee and Gosts. In witness whereof, the parties have executed this Agreement the day and year first above written. ~~ , ma~~~ IIl.rfj(,z-t;;d€ Madeleine M. Luttrell, Seller f~ STATE OF FLORIDA COUNTY OF ORANGE I hereby certify that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Madeleine M. Luttrell to me known to be the person described in and who executed the foregoing instrument and she acknowledged before me that she exe- cuted the same. Witness my hand and official seal in the County and State last aforesaid, this 15th day of June, 1984. ~/'/l~ Notary Public My Commission Expires: Notary Public State 01 r 10ll(k _. __11~" My Commission expires Jan. 23, 19BQ STATE OF FLORIDA COUNTY OF ORANGE I hereby certify that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared -:r-DI1 ~ tic 7D,.co...~c , as of the City of Winter Springs, a Florida incorporated municipality, to me known to be the person described in and who executed the foregoing instru- ment on behalf of said municipality and he acknowledged before me that he executed the same. Witness my hand and official seal in the County and State last aforesaid this 15th day of June, 1984. ~./IIN"& Notary Public My Commission Expires: Notary Public State ot ~Iondc, "'.1' My Commission expires Jan. 23, 198Q. -2- ':\ - Sellerls Affidavit State Of Florida County Of Orange BEFORE ME, the underaiqned authority, duly authorized in the State and County aforesaid to administer oaths and take acknowledqments, this day personally appeared Madeleine M. Luttrell. a single person who beinq by me firlt duly sworn depolel and saYI: 1. The facts and matters contained and recited in this Affidavit are based upon personal knowledqe of the Affiant. 2. Affiant has owned the property described at Schedule "A" attached hereto and made a part hereof by reference since July 27 , 19..6...5...-. and Affiant's pOllession thereof has been peaceable and undisturbed and title to said property hal never been disputed or questioned to the knowledqe of Affiant, nor does Affiant know of any facts by reason of which the title to, or the pOIsellion of laid property miqht be disputed or queltioned, or by realon of which any claim to any of said property miqht be allerted adversely to Affiant. 3. No proceedinql in bankruptcy or receivership have ever been inltituted by or aqainlt Affiant, and Affiant has never made an aSliqnment for the benefit of creditors. 4. Affiant knowl of no action and proceedinq whatever which il now pendinq in any state or federal court in the United States to which Affiant is a party which affectl the property described at Schedule "A," nor does Affiant know of any judgment, federal tax lien, or any other lien of any kind or nature what-ever which now constitutes a lien or charge upon the property described at Schedule "A," except for taxes accruinq sublequent to December 31; 19..8.3- 5. Affiant has received no notice from any public authority requirinq any improvement, alteration or chanqe to be made in and about the property delcribed at schedule "A." 6. There are no tenanciel or leales of the property described at Schedule "A" and there are no partie I in posseSlion of leid property except Affiant. 7. There are no unpaid bills or claims for labor or servicel performed or material furnished or delivered durinq the palt six (6) monthl for alterations, repair work, or new construction on the property described at Schedule "A." 8. There are no matters pendinq aqainst Affiant that qive rile to a lien that would attach to the property between the disbursinq of funds and recordinq of any interest to be insured, and the Affiant will not execute any instrument that would adversely affect the title or interest to be insured. 9. Affiant understands that thil Affidavit will be relied upon by the purchaser of the property and/or the lender placinq a mortqaqe on the property described at Schedule "A" from Affiant, and that this Affidavit will be relied upon by Swann and Hadnock, P _ A. in illuinq itl policy of title inlurance deletinq therefrom certain Itandard exceptions. FURTHER AFFIANT SA YETH NOT. Madeleine M. Luttrell Sworn to and lublcribed by me thil -1..5..t-hiay of June. 1981 . Notary Public, State 0/ Florida My commi..ion Expire,: .. .J. SCHEDULE "A" Lots 1 through 25 and including Hoover Street, Luttrell Lane and the South One-Half (S~) of 2nd Street of Luttrell Park according to the plat thereof as recorded in Plat Book 11, Page 44 of the Public Records of Seminole County, Florida, being a portion of Lot 27, Block B of D. R. Mitchell's Survey of the Levy Grant as recorded in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida, lying Northeasterly of State Road 419 (Sanford-Oviedo Road) . L BlTYERS CLOSING STATEMENT SWANN AND HADDOCK, P.A. ATTORNEYS AND COUNSELLORS AT LAW 13!5 WEST CENTR"'L .OULE".....O. SUITE 1100 "OST O,.,.,CE BOX ...0 ORL"'NOO. "LOOlIO" 32802,Oe.O Date June 15, 1984 ~~(s) M. M. Luttrell Bu)'""(s) The City of Winter Springs, a Florida incorporated munipipali ty Imcription of ProP""')' See Schedule "A" attached hereto CharRl'S Credits Purchase PriCf' 7.5523 acrp-s ta $18.965 52 5143 ?11 30 5 Dfoposit 500.00 Assumption of first Mortgagt" Pro-ration of Intt"rf'St on first Mortgage MortlU!!t" Transft"r f~ EICTOVo' ,~CC"Ount ~;th Mortp:a[l:es Installment oavrnent of 1/2 ourchase price 71,616.65 Purchast" Mon~' Mortp:allt" Pr&-ration of Rt"a1 Estatt" Taxes 1/1 to 6/14/84 $244.88 111.22 Pro-ration of St"we-r and Rt"fust" Chvlll'S Pro-ration of In~uran~ Prt"mium Pr&-ratioD of Rents Intangib~ Tax on Purchast" Mont")' Mortllage Documt"Otary' Tax on ~ott" Rt"('Ording Purc~ Mon~' Mortgagt" Rt"('Ording Warranty D~ 5.00 Rt"Cording F t"f'S - Othe-r AbstT1lct of Titlt" Attornt")"s Closing ft"t" 750.00 Title Insurance Premium Atto~y's Titlt" Examination Insuran~ Premium Survey Tt"I'1Ttite Inspt"'ction Sub- Total 51.43, ~IHi. 30 S 72,227.87 , Balan~ Due from Buyer 71,760.-13 TOT.U (\fust ~ EQual) .1.43, ~IHi. 30 5143,988.30 l'DI~s thl"rt" i.s a {'Wile sho"",, abovt" for Allomt"ys Titll' Examination or Titll' Insurance. SW ANN and HADDOCK, P.A. did not render an opinion as to thl' condihon of t~ htlt" and assumes no rf'Sponsibility as to the condition of the title to the property described above. In the I",'t",,, the real f'Statt" taxt"s sho",,, above are blSl'd on thl' estimated taxes for the current year and there is a variance betwet'n the amounlused and the actual amount of lhr- taxes, tht"n thr- Buyer and the Seller will repro-rate thl' taxes betwPf'n thl'mselves and the closing agent assumt"s no responsibility for an)' furtlMor pre>-ratlon. 11'\ t") ha' t" rl"ad the (ort"j;toinj;t statement and hereby approve same, acknowledge receipt of any money due and authorize disburst"ment in accordance tlMort"'with. The City of Winter Springs, a Florida incorporated municipality By: SCHEDULE "A" Lots 1 through 25 and including Hoover Street, Luttrell Lane and the South One-Half (S~) of 2nd Street of Luttrell Park according to the plat thereof as recorded in Plat Book 11, Page 44 of the Public Records of Seminole County, Florida, being a portion of Lot 27, Block B of D. R. Mitchell's Survey of the Levy Grant as recorded in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida, lying Northeasterly of State Road 419 (Sanford-Oviedo Road) . ""''''RRANTY DEED RAMeo FORM 01 1"'= .,::. TO '....Ot...iC' This Warranty Derd ,\laJe Ill(' 15th do)' of June A. D. II) 84 hy YJillELEINE M. LUTTRELL, a single person I,(.reinail,'r called IIle wanlor. 10 THE CITY OF WINTER SPRINGS, a Florida incorporated municipality ullUse posloffice aJdress is 400 N. Edgemon Avenue, Winter Springs, FL 32708 ;'Freirw{'er caltee! IIII' ~Irante(': \"ht'r~\;f'r u,td hf'rf'in tht" tf'rfIl' "llranlor" and '.~rantl.'(," inciude all the parli('!\ In ,his imlrument and the heir<- It'l'al rrpre'f'ntati\(", and a,~i'lm of indi\jduab. and the !-UC(('!-.!>(Jn and a,...i~m of corporatiom} Witnesseth: -not IIIl' wantor. for and in consideration of tl](, sum of $ 10.00 and olller la/ua/'Il' considerations, recl'ipt whereof is Ilereb)' acknou'[ee!f/ed. Ilereby wanls. bargains, sells, aliens. re- mises. releases. cOnl'eys and confirms unlo Ihe granlee. alt tllOt cerlain land situate in Seminole Counly. Florida. l'i=: Lots 1 through 25 and including Hoover Street, Luttrell Lane, and the South One-Half (S~) of 2nd Street of Luttrell Park according to the plat thereof as recorded in Plat Book 11, Page 44 of the Public Records of Seminole County, Florida, being a portion of Lot 27, Block B of D.R. Mitchell's Survey of the Levy Grant as recorded in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida, lying North- easterly of State Road 419 (Sanford-Oviedo Road). Together with all the tenements, hereditaments and appurtenances thereto belonging or in any- wise appertaining. To liave and 10 Jlold, the same in fee simple forever. Rnd 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 hereb}, 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. 1983, and restrictions, reservations and easements of record, however, this statement shall not serve to r~impose same. In 'Witness l!ftfhereof, the said grantor has signed and sealed these presents the day and year first above written. Signed. sealed and delivered in our presence: .................................................................................. MADELEINE M. LUTTRELL .................................................................................. STATE OF FLORIDA COeXTY OF ORANGE SPACE BELOW fOR RECORDERS USE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personalJy appeared ~VillELEINE M. LUTTRELL, a single person to me known to be the person forerwing instrument and she c:<ecuted the same. described in and who executed the acknowledged before me that she WIT:\ESS my hand and official seal :n the County and State last aforesaid this 15th day of June ,A. D. 1!B4. . Not"ary..l'ubTic.......................................................... Thr:r Inslntl/lml prt'parl'd L~Y:Patricia R. Mueller, Esq. \ddm.! Swann and Haddock, P. A. ,i . Dtl~nd~~xFE4~2802-0640