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HomeMy WebLinkAboutMcNichol, Diedra & Milton- 2011 09 15IngffloMo loin NNN1N1N min In Prepared By and Return to: Brown, Garganese, Weiss & D'Agresta, P.A. Robin G. Drage, Esquire 111 N. Orange Avenue, Ste. 2000 Orlando, Florida 32801 Parcel No.06 -21 -31 -504- 0000 -0080 WARRANTY DEED NpR'tlA & WRSE CLERK W CIRCUIT MINT MUM LE COUNTY BK 076M Pgs 1706 - 1713; (6pp) CLERK'S * 2011099257 RECORDED 09/16/POII 09111136 AN DEED D0C TAX 3k aO RECDRDINS FEES 5x.50 QED BY T Wth THIS WARRANTY DEED, executed this S- day of Se m b ff , 2011, by MILTON McNICHOL and DIEDRA McNICHOL, husband and wife, whose post office address is 316 Heatherwood Court, Winter Springs, FL 32708 (hereinafter called the Grantor), to the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, whose post office address is 1126 East S.R. 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 in consideration 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, 2011. CONSENT AGREEMENT FOR THE RESERVE AT TUSCAWILLA This AGREEMENT is made by Richland Management, Inc., a Florida Corporation, as General Partner of the Developer, Richland Tuscawilla, Ltd., a dissolved Florida limited partnership, the developer of The Reserve At Tuscawilla in Winter Springs, Florida. To the extent the Developer of The Reserve At Tuscawilla has any interest or rights 00 D U O 3Z � cv M �a 0� L M 13. 0 pursuant to the Declaration of Covenants, Conditions, Easements and Restrictions for The Reserve At Tuscawilla to give approval for the conveyance of any property in the subdivision, express approval is hereby given by Richland Management, Inc. to allow the City of Winter Springs to acquire property needed for the public purpose of constructing a right turn lane from SR 434 onto Tuscora Drive and necessary right of way, including the property legally described in the attached Exhibit A. Consent is expressly given for conveyance or transfer to the City of Winter Springs of any Common Property or easements needed for the turn lane project. Consent is expressly given for any property owner to convey fee simple ownership or easements to the City of Winter Springs of all or portion of any lot needed for the turn lane prod ect. The City of Winter Springs has the authority, and Richland Management on behalf of the Developer hereby gives consent, to acquire by purchase, donation, or eminent domain the property generally described in Exhibits A, B and C, attached for the public purpose of construction and maintenance of transportation and related facilities , to wit: proposed intersection improvement project that will include a right turn deceleration lane, sidewalk and NIMIYA K NORSE, CLERK OF CIRWIT MURT CLERK OF SMINOLE COUNTY N 07632 PIS 1679 - 16921 t14PVsl FILE MUM 20 22 099252 RMOROED 09116/2011 09:11138 AN RECORDING FEES 120. SO RECO O BY T Smith -1- drainage improvements at the southwest quadrant of SR 434 and Tuscora Drive, Winter Springs, Florida. WHEREAS, Builder and Developer, Richland Management, Inc., a Florida Corporation, consent to the conveyance of any property in the subdivision, or acquire property needed for the public purpose of constructing a right turn lane from SR 434 onto Tuscora Drive and necessary right of way; and WHEREAS, the owners of Parcel No.: 100, The Reserve At Tuscawilla Community Association Inc., consent to the conveyance of fee simple ownership to the City of Winter Springs, Florida for the right of way, turn lane project; and WHEREAS, the owners of Parcel No.: 101, Milton and Diedra McNichol, consent to the conveyance of fee simple ownership to the City of Winter Springs, Florida for the right of way, turn lane project; and WHEREAS, the owners of Parcel No.: 102, Randy A. and Jennifer A. Fuhrman, consent to the conveyance of fee simple ownership to the City of Winter Springs, Florida for the right of way, turn lane project; and WHEREAS, the signatures of this Agreement hereby represent and warrant that they are authorized to sign and to legally bind their respective corporations to the terms and conditions of this Agreement. Dated this Z n OL day of Se ,r , 2011 Richland Tuscawilla, Ltd., a dissolved Florida Limited partnership -2- By: Richland Management Inc, a Florida Corporation, its general partner Curt Willson, Vice President SWORN TO AND SUBSCRIBED BEFORE ME this day of 9e i2 -rte ,r , 2011 by Curt Wilkinson, Vj is personally known to me, or [ ] who has produced as identification. WITNESS my hand and official seal in the State and County last aforesaid this 2.,%d day of J 'De , 2011. NO ARY PUBLIC Print Name: My Comm issio Expires: e �r, 10)2-011 STACEY WALKER NO" Puwe • %ft a Fbft Can ---Mal N oo M OST �aaw thouoh war Mo�nr Awn. -3- SCHEDULE "Al PARCEL No.: 100 ESTATE: FEE SIMPLE PURPOSE: ROAD RIGHT OF WAY That port ofI "Tracts A, B, C. D, G, H. 1, J, K. and L and Cherry Creek Circle l pr 1 vote s tree t ) and Atrium Court [private street) of The Reserve at Tuscowlllo. Phase 1, according to the plot thereof, as recorded In Plot Book 48. Pages 31 through 40. Public Records of Seminole County, Florida and Tract M Reserve of Tuscowlllo Phase I -A as recorded In Plot Book 58. Page 99, Public Records of Seminole County. Florida (hereinafter the "Property"). It Is the Intent of this conveyance to convey the Property as Conran Property consistent with the intended conveyance of such property mode on sold plots." [Sold property being the some lands described In Offlc /o/ Records Book 4222. Page 214 of the Public Records of Seminole County, Florldo.) described as follows/ Comwnce of the Southeast corner of Tract "A. The Reserve of Tuscowlllo. Phase 1. according to the plot thereof, as recorded In Plot Book 48. Pages 31 through 40. Incluslve, of the Public Records of Seminole County, Florldat thence run South 88 0 36'23' West along the South line of sold Tract 'A" o distance of 154.19 feet to the Southwest corner of sold Tract A "s thence deporting sold South line. run North 01 0 23 1 37" West along the West line of sold Troct "A' o distance of 329.07 feet to o point on the existing Southerly right of way line of State Rood 434 as shown Florida Deportment of Tronsportotlon Right of Noy Mop Section 77070-2517. sold point also being a point on o non - tangent curve concave Northerly having o radius of 2988.40 feet and o chord bearing of South 88 0 15'49 " Easts thence deporting sold West line from o tangent bearing of South 87 °27'01" East, run Easterly along sold existing Southerly right of way Ilne and along the arc of sold curve through a central angle of 01 0 37'35 " o distance of 84.83 feet for o Point of Beginnings thence continue along sold existing Southerly right of way line and the arc of sold curve through o central ongle of 00 0 32'37" a distance of 28.36 feet to o point on the East line of aforesaid Tract "A "s thence deporting sold existing Southerly right of way line and sold curve. run South 01 0 23'37" East along sold East line o distance of 7.55 feet$ thence deporting sold East line. run North 81 West a distance of 20.26 feats thence run North 60 0 47'28 " West o distance of 9.76 feet to the Point of Beginning. Containing 141 square feet, mare or less. THIS IS NOT A BOUNDARY SURVEY LOCHR."E ENGINEERING, INC. L.B. No. 2856 E ' 71T LOCHRANE Consul/lnp Ei*lfws • Surveyors 201 South Bun* Av mv.Orloi do.Florldo 32803 [4071896.3317 PROJECT NAPE: S.R. 434 AT TuSCORA Dim CHRISTOPHER J. LEFTAKIS P.S.Y. No. 6556 NOT vAuD W/THOuT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND YAPPER DRAWN BY: S. PEARCE DATE+ 11 /06109 SCALE: N/A CHECKED BY: C. LEFTAKIS DATE: 11112109 LEIJOB No.: 09O/4.1A SEC 6. TWP. VS.. AGE. 51 E. I REVISED, N/A I SHEET I OF 3 SKETCH OF DESCRIPTION PARCEL No.: l00 THIS IS NOT A BOUNDARY SURVEY S.R. 434 (R /W VARIES) TB- LOT 80 THE RESERVE AT TUSCAWI LLA, PHASE II P.B. 50, PGS. 3 -9 \ " �- DE " A " I NOT TO SCALE I POINT OF BEGINNING I � CURVE DATA L• 28.36' 37" C• 28836' CB • S89 ° 20' S5 "E J I I N8 20 26 R/W LINE h 2 " R /W L I NE '.n Mtn I N60°4 7628 "W 0 o ti I ---- - - - - -- - -I T SEE DETAIL "A" L.. I CURVE DATA EXIST. SOUTHERLY A• 01 0 37'35" L• 84.8 R/W LINE PER F.D.O.T. R• 2988.4 R/W MAP SEC. 77070-2517 C• 84.83' 3' U CB- S88 TB- LOT 80 THE RESERVE AT TUSCAWI LLA, PHASE II P.B. 50, PGS. 3 -9 \ " �- DE " A " I NOT TO SCALE I POINT OF BEGINNING I � CURVE DATA L• 28.36' 37" C• 28836' CB • S89 ° 20' S5 "E J I I N8 20 26 R/W LINE h 2 " R /W L I NE '.n Mtn I N60°4 7628 "W 0 o ti I ---- - - - - -- - -I T SEE DETAIL "A" L.. I W a o 3 U TRACT "A" RETENTION POND 0 00 ,� o U Q z_ N.. � \ l J Q W 2 O U Q ; a N � M ~ O ~ W M z M J N a o ; z THE RESERVE AT TUSCAWILLA, PHASE I P.B. 48, PGS. 31 -40 POINT OF COL ENCEIuENT THE S.E. CORNER OF TRACT "A" THE S.W. CORNER OF TRACT A" S88 154.19' S. LINE OF TRACT "A" SEC. 6. TWP. 21 S, RGE. 31 E. S R 434 A TUSCORA DRIVE DRAWN BY, S. PEARCE DATE. 11/06/09 1 REVISED, NIA SCALE: CHECKED BY , C. LEF rAK /S DATE. 11112109 1 LEI JOB No.: on4.,A SHEE r 1 . , W . 2 OF 3 SKETCH OF DESCRIPTION PARCEL No.: 100 THIS IS NOT A BOUNDARY SURVEY GENERAL NOTESr 1. THIS IS NOT A BOUNDARY SURVEY. 2. BEARINGS AS SHOWN HEREON ARE BASED ON THE CENTERLINE OF CONSTRUCTION OF S TA TE ROAD 434, AS BEING S89 ° 41 '38 'E BE TWEEN P. T. S TA. 640.25.08 AND P.O. T. STA. 661.72. 74. AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SECTION 77070-2517 FOR STATE ROAD 434. J. TOTAL AREA OF THE HEREIN DESCRIBED PARCEL IS 141 SOUARE FEET. AORE OR LESS. 4. SEE SHEET I FOR LEGAL DESCR I P T 10Ne SEE SHEET 2 FOR PARCEL SKETCH. LEGENDi P. C. CENTERLINE d DEL TA I CENTRAL ANGLE) C CHORD DISTANCE CB CHORD BEARING C. M. CONCRETE AONUAENT D DEGREE OF CURVE EXIST. EXISTING F. 0.0. T. FLORIDA DEPARTAoENT (R) OF TRANSPORTATION FND. FOUND ID. IDENTIFICATION L LENGTH L.B. LICENSED BUSINESS L T. LEFT N/A NOT AVAILABLE No. NUMBER O.R.B. OFFICIAL RECORDS BOOK P. B. PL A T BOOK P. C. POINT OF CURVATURE PGts). PAGE(S) P.1. POINT OF INTERSECTION P. 0. T. POINT ON TANGENT P. T. POINT OF TANGENCY P. S. M. PROFESSIONAL SURVEYOR AND MAPPER R RADIUS (R) RADIAL RGE. RANGE RT. RIGHT Riw RIGHT OF wAY SEC. SECTION S. R. S TA TE ROAD STA. STATION T TANGENT TB TANGENT BEARING TWP. TOWNSHIP $I S.R. 434 AT TUSCORA DRIVE DRAWN BY: S. PEARCE I DATE+ 11/06/09 REVISED: N/A I SCALE: N/A CHECKED BY: C. LEFTAKIS I DATE: 11/12/09 LEIJ08 No.: 09014.1A I SHEET 3 OF 3 v' occ Lr) u 3 ti M• M N 0 O z V BOUNDARY SURVEY EXHIBIT PARCEL No.: l0/ (P.B.'50, PGS 3 -9) (D) CURVE DATA ' 0• N N I - _ -- - �__ - -- L• 13- 43.21 . 2988.40' DETAIL "B" C - 43:21`-- - - - - 2 NOT TO SCALE CB- -- N85 0 50'32 "W °- .Ln QQ Z ; (C) (M) CURVE DATA w01 i A• A• 00 0 50'15" ° ° L • 43.20' L• 43.61' CC en .4 V) ' R - 2988.40' R• 2983.40' C• u' � ,; C• 43.61' N86 °06'44 "W 063 ° _o CB- S86 0 05'03 "E OC 2;0 _ u, f URVE DATA (P) CURVE DATA LA LA °50' 19" A• 00 °50' 19" r f;� r-(D) TB- S85 °25'05 "E .66' L• 43.67' to -- o ' 83.40' R• 2983.40' ;^ N 0 - :j .66' C• 43.67' v ti p 85 °50 "E CB- 585 057.30 "E o H O n I I M NNE VACANT - NO BUILDINGS FND. 5/8" I R8C c a v "F.D.O.T." " Z R /W LINE FND. 5/8" I "F. D. O. T. POINT OF BEGINNING I I , LOT 80 THE RESERVE AT TUSCAWILLA PHASE II P.B. 50 PGS. 3 -9 FND. 5/8" IRBC LB-2856 I S.R. 434 AT TUSCORA DRIVE DRAWN BY: S.P. /P. T. I DATE: 06129111 REVISED: N/A SCALE: I" • 50' CHECKED BY: C. LABERGE I DATE: 06129111 JOB N O.: 09014.18 SHEET I OF 4 10' PLANTING AND SCREENING EASEMENT (P.B.'50, PGS 3 -9) (D) CURVE DATA ' 0• 00 °49'43" N I - _ -- - �__ - -- L• 13- 43.21 . 2988.40' ' C - 43:21`-- - - - - 2 V CB- -- N85 0 50'32 "W °- .Ln QQ Z ; (C) (M) CURVE DATA w01 i A• 00 W'' wry ' L • 43.20' CC en .4 V) ' R - 2988.40' ``'a i C• 43.20' � ,; CB- N86 °06'44 "W ° _o 2;0 _ u, 0 N , —i =m r-- a ^ . o ' - :j Z R /W LINE FND. 5/8" I "F. D. O. T. POINT OF BEGINNING I I , LOT 80 THE RESERVE AT TUSCAWILLA PHASE II P.B. 50 PGS. 3 -9 FND. 5/8" IRBC LB-2856 I S.R. 434 AT TUSCORA DRIVE DRAWN BY: S.P. /P. T. I DATE: 06129111 REVISED: N/A SCALE: I" • 50' CHECKED BY: C. LABERGE I DATE: 06129111 JOB N O.: 09014.18 SHEET I OF 4 BOUNDARY SURVEY PARCEL No.: 0 DESCRIPTION: That port oft "Lot 80, THE RESERVE AT TUSCAWI L L A, PHASE 11, according to the mop or p thereof as recorded In Plot Book 50, Pages 3 THROUGH 9, INCLUSIVE, of the Public Records of Seminole County, Florida." (Sold property being the some lands described In Official Records Book 5351, Page 1006 of the Public Records of Seminole County, Florida.) described as follows: Commence of the Southeast corner of Tract A ", The Reserve of Tuscowlllo. Phase 1. according to the plot thereof. as recorded In Plot Book 48. Pages 31 through 40. Inclusive. of the Public Records of Seminole County, Florida; thence run South 88 West along the South line of sold Tract A" o distance of 154.19 feet to the Southwest corner of sold Tract A "r thence deporting sold South line. run North 01 West along the West Iine of sold Tract A" o distance of 329.07 feet to o point on the existing Southerly right of way line of State Rood 434 as shown Florida Deportment of Transportation Right of Way Mop Section 77070 -2517. sold point also being o point on a non - tongent curve concave Northerly having a radius of 2988.40 feet and o chord beoring of North 86 Westr thence deporting sold West Iine. from a tangent bearing of North 87 °27'01" West, run Westerly along sold existing Southerly right of way Iine and the arc of said curve through a central angle of 01°11'37" a distance of 62.26 feet to the end of sold curve for o Point of Beglnningr thence deporting sold existing Southerly right of way line, continue Westerly along the arc of sold curve through o central angle of 00 o distance of 43.21 feet to o point on the West I Ine of Lot 80, The Reserve of Tuscowil /a. Phase 11, according to the plot thereof, as recorded In Plot Book 50, Pages 3 through 9. Inclusive, of the Public records of Seminole County, Florldor thence deporting sold curve. run North 01 West along sold West line o distance of 5.03 feet to a point on the aforesaid existing Southerly right of way line of State Rood 434, sold point also being o point on o non non-tangent curve concave Northerly and concentric with the aforesaid curve having o radius of 2983.40 feet and o chord bearing of South 85 Eostr thence deporting sold West line from o tangent bearing of South 85 0 25'05" East, run Easterly along sold existing Southerly right of way line and along the arc of sold curve through a central angle of 00 o distance of 43.66 feet to the end of sold curvet thence deporting sold curve. run South 03 West continuing along sold existing Southerly right of way line a distance of 5.00 feet to the Point of Beginning. Containing 217 square feet. more or less. CERTIFIED TOt MILTON MCNICHOL AND DIEDRA MCNICHOL THE CITY OF WINTER SPRINGS. FLORIDA BROWN. GARGANESE. WEISS AND D'AGRESTA OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY LOCHRANE ENGINEERING. INC. L.B. No. 2856 E N-MmwmNomw �� CHRISTOPHER A. LOBERGE -- P.S.M. No. 6014 NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER LOCHRANE Consulting Engineers • Surveyors 201 South Bumby Ame mOrlondaFlorldo 32803 (407) 896 3317 PROJECT NAME: S.R. 434 AT TUSCORA DRIVE DRAWN BY: S.P. /P.T. DATE: O5 129111 SCALE: N/A CHECKED BY: C. LABERGE DATE: 06129111 JOB No.: 09014.18 REVISED: SHEET 2 OF 4 N BOUNDARY SURVEY PARCEL No.: 0 10' PLANTING AND SCREENING EASEMENT (P.B. 50, PGS 3 -9) _ SEE DETAIL "A" NT CURVE DATA A• 01 °11'37" L- 62.26' R- 2988.40' C- 62.26' CB- N86 0 51'12 "W -- - - - - - - - - _ o_ . I l F _ I 00 1�- - - - - -� NT w 1--- -� - - -- -i i i TB- N87 °27'01 "W LL i i 5' UTILITY EASEMENT (P.B. 50, PGS 3 -9) LOT 79 LOT 80 THE RESERVE AT TUSCAWI LLA, PHASE II P.B. 50, PGS. 3 -9 HEATHERWOOD COURT ( --- DETAIL " o II NOT TO SCALE ( D) CURVE DATA I (SEE DETAIL "B" SHEET 6. 00 0 50'19 " 4) L- 43.66' R• 2983.40' TB • S85 0 25'05 "E C• 43.66'"' CB• S805- v � °o NT I H c R/W LINE I 3 (D) CURVE DATA _ A• 00 fn L• 43.21' LOT 80 R• 2988.40' N C. 43.21' • CB- N85 I z POINT OF BEGINNING I i — — — — — — — — — — — — — — — — S.R. 434 (R /W VARIES) EXIST. SOUTHERLY R/W LINE PER F.D.O. T. R/W MAP SEC. 77070 -2517 _ _CURVE DATA E� - -- 0= 02 6 13 r 2� - - - - - - L= 115.92' R= 2986.40' C- 115.91' CB= N88 0 42'13 "W (P) TRACT "A " RETENTION POND � a a, ~ Dr a T 00 V N r� M LL W 0 `co z ri M Z ' J 0 0 00 W Q3 a 00 N 00 H z THE RESERVE AT TUSCAWI LLA, PHASE I P.B. 48, PGS. 31-40 NNW Jmmm— POINT OF COMMENCEMENT THE S.E. CORNER OF TRACT "A THE S.W. CORNER OF TRACT "A" N88 0 28'22 "E 154.19'(P) S88 0 36'23 "W 154.19' S. LINE OF TRACT "A" 40.00'(P) S.R. 434 AT TUSCORA DRIVE DRAWN BY: S.P. /P. T. DATE: 06129111 REVISED: N/A SCALE: I' • 50' CHECKED BY: C. LABERGE DATE: 06/29/11 JOB No.: 09014.18 SHEET 3 OF 4 BOUNDARY SURVEY PARCEL No.: 0 GENERAL NOTES# 1. BEARINGS AS SHOWN HEREON ARE BASED ON THE CENTERLINE OF CONSTRUCTION OF STATE ROAD 434, AS BEING S89 -41 - 38 'E BETWEEN P. T. STA. 640.25.08 AND P.O. T. STA. 661.72. 74, AS SHOWN ON FLORIDA DEPARTAENT OF TRANSPORTATION RIGHT OF WAY MAP SECTION 77070-2517 FOR STATE ROAD 434. Z. TOTAL AREA OF THE HEREIN DESCRIBED PARCEL 1S 217 SOUARE FEET, WRE OR LESS. 3. SEE SHEET 1 FOR PARCEL BOUNDARY DETAIL I SEE SHEET 2 FOR LEGAL DESCRIPTION* SEE SHEET 3 FOR PARCEL SKETCH# SEE SHEET 4 FOR NOTES AND LEGEND] 4. NO ENVI RONAENTAL ISSUES HAVE BEEN ADDRESSED BY THIS SURVEY. 5. SURVEYOR HAS REVIENED THE FOLLOWING ITEMS LISTED IN SCHEDULE B, SECTION 2, OF OLD RPUBL I C NATIONAL TITLE INSURANCE COAPANY TITLE COWI TRENT NO. 1 0054690 JAR, EFFECTIVELY DATED MAY l0. 2011 AT 8#00 AM (REVISION DATE M4Y Il. 2011). FOR EASEAENTS AND RIGHTS -OF -WAY AND FINDS THE FOLLOWING# I TEM -11 - PLAT BOOK 50, PAGES 3 THROUGH 9# EASEAENTS SHONN t ITEM -I2 - O.R.B. 1954 PG. 299# NO EASEAENTS OR RIGHTS -OF -WAYI I TEM -13 - O. R. B. 2243. PG. 15081 NO EASEAENTS OR RIGHTS -OF - WAYI I TEM -14 - O.R.B. 2277, PG. 464# NO EASEAENTS OR RIGHTS-OF -WAY] I TEM -15 - O. R. B. 2277, PG. 469# NO EASEAENTS OR RIGHTS -OF -WAYI ITEM -16 - O.R.B. 2853, PG. 1055 8 O.R.B. 2999. PG. IB# NO EASEAENTS OR RIGHTS -OF -WAYI ITEM -17 - O.R.B. 2855, PG. 1976# NO EASEAENTS OR RIGHTS -OF -WAYI ITEM -18 - O.R.B. 2927, PG. 14671 NO EASEAENTS OR RIGHTS-OF -WAY] I TEM -19 - 0. R. B. 2989, PG 7361 CONTAINS AN 'EASEAENT IN GROSS" ( A BLANKET EASEAENT) * THE PROPERTY MAY ALSO BE SUBJECT TO OTHER MATTERS SET FORTH IN SAID TITLE COMNI TRENT. LEGEND: ¢ CENTERL I NE d DEL TA ( CENTRAL ANGLE) C CHORD DISTANCE CB CHORD BEARING C. M. CONCRETE WNUAENT D DEGREE OF CURVE EXIST. EXISTING F. D. 0. T. FLORIDA D£PARTAENT (R) OF TRANSPORTATION FND. FOUND ID. IDENTIFICATION L LENGTH L.B. LICENSED BUSINESS LT. LEFT N/A NOT AVAILABLE NT NON- TANGENT No. NUA6ER O.R.B. OFFICIAL RECORDS BOOK P. B. PL AT BOOK (C) SET 518" IRON ROD AND CAP 0 - LB2856 UNLESS OTHERWISE ID) NOTED* P. C. PO NT OF CURVATURE PGIS). PAGE(S) P.1. POINT OF INTERSECTION P.0. T. POINT ON TANGENT P. T. POINT OF TANGENCY P.S.M. PROFESSIONAL SURVEYOR AND MAPPER R RADIUS (R) RADIAL RGE. RANGE RT. RIGHT R/W RIGHT OF WAY SEC. SECTION S. R. STATE ROAD STA. STATION T TANGENT TB TANGENT BEARING TWP. TOWNSHIP IRBC IRON ROD AND CAP (C) CAL CUL A TED (M) FIELD AEASURED ID) DEED (P) PLAT S.R. 434 AT TUSCORA DRIVE DRAWN BY: S.P. /P.T. I DATE: 06129 1I1 1 REVISED: N/A I SCALE: N/A --d CHECKED BY: C. LABERGE I DATE: 06129111 1 JOB No.: 09014.18 I SHEET 4 OF 4 BOUNDARY SURVEY PARCEL No.: 102 N u co DETAIL "B" NOT TO SCALE EXHIBIT 1 0 c 0 (C)(M) CURVE DATA ` 01 7' �►� .4 ti ° 83.40'"'x' .47' M 85 °04'59 "E ; M ) CURVE DATA POINT OF o 0110 BEGINNING Z 61.56' 2983.40' iz 61.56' • N84 "W v c A .. _ 11 L �n (C)(M) N88 0 43'50 "E 43.78' v (P) N88 °28'22 "E 43.84' ° z_ ° ,/''" (C)(M) N88 38.23' / (D) 588o35'37"W 38.14' I VACANT - NO BUILDINGS ' 10' PLANTING AND SCREENING EASEMENT (P.B. 50. PGS 3 - 9) (D) CURVE DATA - - - - - - - -r - Z TB- - - - - - - - - - - - - - - - - - - L• 100.03' - - - - - -- R• 2988.40' S83 °30'37 "E (D) C. 100.03' CB- S84 0 28'09 "E I ' (C)(M) CURVE DATA ° A• 01 °55'05" c L • 100.04' R- 2988.40' 1 00. 0 5' SEMENT co r -5 UTILITY EA (P.B. 50, PGS 3 -9) in I p I I O I N i I I LOT 79 THE RESERVE AT TUSCAWILLA, PHASE II P.B. 50 PGS. 3 -9 I 1 I I L I NE , I I I I I I I . o I to Q I Q xi I — v 5' UTILITY EASEMENT (P.B. 50, PGS 3 -9) °D I �M I N I � M I Do I N � I N �a FND. 5/8" IRSC LB-2856 • .• F- 0 J S.R. 434 AT TUSCORA DRIVE DRAWN BY: S.P. /P. T. DATE: 06129111 REV/SEDs N/A SCALE: N/A CHECKED BY: C. LABERGE DATE: 06129111 JOB No.: 09014.IB SHEET / OF 4 BOUNDARY SURVEY PARCEL No.: 102 DESCRIPTION: That port of: "Lot 79, THE RESERVE AT TUSCAWILLA. PHASE 11, according to the Plot thereof as recorded In Plot Book 50, Pages 3 thru 9. Inclusive. of the Public Records of Seminole County, Florida." (Sold property being the some lands described in Official Records Book 6878, Page 1406 of the Public Records of Seminole County. Florida.! described as follows: Commence of the Southeast corner of Tract A ", The Reserve of Tuscowlllo. Phase 1, according to the plot thereof, as recorded In Plot Book 48, Pages 31 through 40. Inclusive, of the Public Records of Seminole County, Florldat thence run South 88 0 36'23" West along the South line of sold Tract "A" a distance of 154.19 feet to the Southwest corner of sold Tract "A thence deporting sold South line. run North 01 0 23'37" West along the West line of sold Tract "A" o distance of 329.07 feet to o point on the existing Southerly right of way line of State Rood 434 as shown Florida Deportment of Transportation Right of Way Mop Section 77070 -2517, sold point also being o point on a non - tongent curve concave Northerly having o radius of 2988.40 feet and o chord bearing of North 86 West; thence deporting sold West line. from o tangent bearing of North 87 °27'01" West, run Westerly along sold existing Southerly right of way IIne and the orc of sold curve through o central angle of 01 °11'37" o distance of 62.26 feet to the and of said curvet thence deporting sold curve. run North 03 0 44'36" East radial to the aforesaid curve and continuing along sold existing Southerly right of way line o distance of 5.00 feet to the beginning of a non - tongent curve concave Northerly and concentric with the aforesaid curve having o radius of 2983.40 feet and o chord bearing of North 85 0 50'14" West; thence from a tangent beoring of North 86 West. continue Westerly along said existing Southerly right of way IIne and along the orc of sold curve through a central angle of 00 °50'19" o distance of 43.66 feet to o point on the East Ilne of Lot 79, The Reserve of Tuscowlllo, Phase 11, according to the plot thereof, as recorded In Plot Book 50. Pages 3 through 9. Inclusive, of the Public records of Seminole County, Florida for o Point of Beginning; thence continue Westerly along sold existing Southerly right of way line and along the orc of sold curve through o central angle of 01 0 10'56" o distance of 61.56 feet to the end of sold curvet thence deporting sold curve. run South 88 10 35'37" West continuing along sold existing Southerly right of way line a distance of 38.14 feet to the beginning of a non - tongent curve concave Northerly and concentric with the aforesaid curve having o radius of 2988.40 feet and a chord bearing of South 84 0 28'09" Eost; thence deporting sold existing Southerly right of way line from o tangent bearing of South 83 0 30'37" East, run Easterly along the orc of sold curve through a central angle of 01 0 55'04" o distance of 100.03 feet to a point on the aforesaid East line of Lot 791 thence deporting sold curve. run North 01 0 23'37" West along sold East line a distance of 5.03 feet to the Point of Beginning. Containing 405 square feet. more or less. CERTIFIED TO: RANDY A. FUHRMAN AND JENNIFER A. FUHRMAN THE CITY OF WINTER SPRINGS. FLORIDA BROWN. GARGANESE, WEISS AND O'AGRESTA OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY LOCHRANE LOCHRANE ENGINEERING. INC. L.B. No. 2856 EN , �i1 //y CHRISTOPHER A. LoBERGE P.S.M. No. 6014 NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER Consulting Engineers • Surveyors 201 South Bumpy Avewa Orlando. Florldo 32803 (407)896-3317 PROJECT NAME: S.R. 434 AT TUSCORA DRIVE DRAWN BY: S.P./P.T. DATE: 06129111 SCALE: N/A CHECKED BY: C. LOBERGE DATE: 06129111 JOB No.: 09014.IB REVISED: SHEET 2 OF 4 BOUNDARY SURVEY ' N PARCEL No.: 102 SEE D4"A c n w z t- �o J J LL LOT 79 w° .R. 434 (R /W VARIES) CURVE DATA A= 00 0 50'19" L= 43.66' R= 2983.40' C= 43.66' CURVE DATA CB= N85 °50'14 "W p. 01 0 11'37" TB N86°15'24"W L• 62.26' R- 2988.40' FND. 5/8" IRSC C= 62.26' "F.D.O.T. " I - CB= N86 0 51 ' 12 "W EXIST. SOUTHERLY R/W LINE PER F.D.O.T. R/W MAP SEC. 77070 -2517 FND. 5/8" IRSC — "F.D.O.T." T - - -- � TB = N87 0 27'01 "W -NO3 0 44'36 "E 5.00'(R) LOT 80 THE RESERVE AT TUSCAWI LLA, PHASE II P.B. 50, PGS. 3 -9 HEATHERWOOD COURT F DETAIL "A" - ------- - -- - --I NOT TO SCALE '" 1 I co POINT OF BEGINNING °I 3 I SEE _ CURVE DATA ( D ) DETAIL "B 0((0.56" MI SHEET I '^ L • 61.56' ° R• 2983.40' - (D) o C• 61.56' o° - I S88- 35 w4` CB- N84 °49'37 "W 38.14' I TB - S83 0 30'37 "E (D) CURVE DATA A• 01 L • 100.03' R/W L I N E R• 2988.40' C• 100.03' L -_- CB_ S84 TRACT "A " RETENTION POND 0 al N N1 ti M M N ° O z oQ w E zF u J Q S ~ a 0 F- r Q V THE RESERVE AT TUSCAWILLA, PHASE I P.B. 48, PGS. 31 -40 "Now- mm— lomww POINT OF COMMENCEMENT THE S.E. CORNER OF TRACT "A" THE S.W. CORNER OF TRACT "A" S88 0 36'23 "W 154.19' S. LINE OF TRACT "A" I S.R. 434 AT TUSCORA DRIVE DRAWN BY: S.P. /P. T. DATE: 06129111 REVISED: I SCALE# 1" • 50' CHECKED BY, C. LoBERGE DATE, OB/29111 JOB No., 09014.IB I SHEET 3 OF 4 BOUNDARY SURVEY PARCEL No.: 102 GENERAL NO TES t 1. BEARINGS AS SHOWN HEREON ARE BASED ON THE CENTERLINE OF CONSTRUCTION OF STATE ROAD 434, AS BEING 589 °41 - 38'E BETWEEN P. T. STA. 640.25.08 AND P.O. T. STA. 661.72. 74, AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SECTION 77070-2517 FOR STATE ROAD 434. 2. TOTAL AREA OF THE HEREIN DESCRIBED PARCEL IS 405 SOUARE FEET. WRE OR LESS. 3. SEE SHEET I FOR PARCEL BOUNDARY DETAIL; SEE SHEET 2 FOR LEGAL DESCRI PT /ONt SEE SHEET 3 FOR PARCEL SKETCH# SEE SHEET 4 FOR NOTES AND LEGENDt 4. NO ENV I RONAENTAL ISSUES HAVE BEEN ADDRESSED BY THIS SURVEY. 5- SURVEYOR HAS REV 1 EWED THE FOLLOWING ITEMS LISTED I N SCHEDULE B. SECTION 2, OF OLD RPUBL I C NATIONAL TITLE INSURANCE COMPANY TITLE COMA/ TAENT NO. 1 0054692 JAR. EFFECTIVELY DATED AUGUST 27. 2010 AT 8100 AM (REVISION DATE MAY 11, 2011). FOR EASEMENTS AND RIGHTS -OF -WAY AND FINDS THE FOLLOWINGI ITEM -11 - PLAT BOOK 50, PAGES 3 THROUGH 90 EASEMENTS SHOWN ITEM -12 - O.R.B. 1952, PG. 2991 NO EASEMENTS OR RIGHTS -OF -WAY# ITEM -13 - O.R.B. 2243, PG. 15081 NO EASEMENTS OR RIGHTS -OF -WAY# ITEM -14 - O.R.B. 2277. PG. 4641 NO EASEMENTS OR RIGHTS -OF -WAY# ITEM -15 - O.R.B. 2277, PG. 469t NO EASEMENTS OR RIGHTS -OF -WAY# ITEM -16 - O.R.B. 2853. PG. 1 055 8 O.R.B. 2999. PG. 181 NO EASEMENTS OR RIGHTS -OF -WAY# ITEM -17 - O.R.B. 2927. PG. 14671 NO EASEMENTS OR RIGHTS-OF -WAY# I TEM -18 - 0. R. B. 2989. PG 736* CONTAINS AN "EASEAENT IN GROSS' IA BLANKET EASEAENT)t THE PROPERTY MAY ALSO BE SUBJECT TO OTHER MATTERS SET FORTH IN SAID TITLE COMA/ TAENT. LEGENDt f CENTERLINE P. C. POINT OF CURVATURE A DELTA ( CENTRAL ANGLE) Pots). PAGE(S) C CHORD DISTANCE P.1. POINT OF INTERSECTION CB CHORD BEARING P.O.T. POINT ON TANGENT C. M. CONCRETE MONUMENT P. T. POINT OF TANGENCY D DEGREE OF CURVE P•S.M. PROFESSIONAL SURVEYOR EXIST. EXISTING AND MAPPER F. D. 0. T. FLORIDA DEPARTMENT R RADIUS OF TRANSPORTATION (R) RADIAL FND. FOUND RG£. RANGE ID. IDENTIFICATION RT. RIGHT L LENGTH R/W RIGHT OF WAY L.B. LICENSED BUSINESS SEC. SECTION LT. LEFT S. R. STATE ROAD N/A NOT AVAILABLE STA. STATION NT NON-TANGENT T TANGENT No. NUMBER TB TANGENT BEARING O.R.B. OFFICIAL RECORDS BOOK TOP. TOWNSHIP P. B. PLAT BOOK IRSC IRON ROD AND CAP SET 518 1 RON ROD AND CAP (C) CAL CUL A TED O - LB2856 UNLESS OTHERWISE (M) FIELD MEASURED NOTED# (D) DEED (P) PLAT DRAWN BY, S.P. /P.T. DATE, 06129111 REVISED, SCALE, N/A S.R. 434 AT TUSCORA DRIVE CHECKED BY, C. LOBERGE DATE, 06129111 JOB No., 090m.IB SHEET 4 OF 4 BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. 111 N. Orange Ave., Suite 2000 Orlando, FL 32801 CLOSING STATEMENT AND DISBURSEMENT SHEET SELLER MILTON McNICHOL AND DIEDRA McNICHOL BUYER CITY OF WINTER SPRINGS, FLORIDA PROPERTY DESCRIPTION A Portion of Lot 80, The Reserve at Tuscawilla, Phase II, PB 50, Page 3, Seminole County, Florida (see Exhibit "A" attached) CLOSING DATE September 15, 2011 CONTRACT CONTRACT FOR PURCHASE AND SALE DATED APRIL 20, 2011 PURCHASE PRICE CREDIT SELLER CREDIT BUYER Purchase Price $4,340.00 Deposit $0.00 Cash at Closing $4,340.00 Adjusted Total $4,340.00 $4,340.00 EXPENSES CHARGE SELLER CHARGE BUYER Recording Deed $52.50 Documentary Stamps on Deed $30.80 Recording Partial Release (PNC) $27.00 Recording Partial Release (Suntrust) $27.00 Recording Developer's Consent $124.50 Title Search ($75.00) POC Owner's Title Insurance Premium $100.00 2011 Property Taxes from Jan. 1 to Sept. 15 ($1.82/365= $.005 /day) TOTAL RECAPITULATION Seller Cash at Closing Plus: Deposit Less: Expenses TOTAL CASH DUE TO SELLER: $4,340.00 Cash at Closing $0.00 Plus: Expenses $0.00 Buyer TOTAL CASH DUE $4,340.00 FROM BUYER: $0.00 $1.29 $363.09 $4,340.00 $363.09 $4,703.09 Page 2 of 5 r APPROVAL OF CLOSING STATEMENT AND DISBURSEMENT SHEET; INSTRUCTIONS TO CLOSING AGENT Seller and Buyer 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 parties understand and agree that in the event that the actual expense is less than the estimate, the party which paid the same 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 party which paid the same shall be required to pay the actual expense over and above the estimate. REAL PROPERTY TAX NOTICE: It is understood between the parties hereto that the exact amount of real property taxes applicable to the subject property for the current year is unknown and proration was based on an estimate from the Seminole County Property Appraiser in the amount of $1.82. Should actual taxes for the current year be substantially different, each party shall have the right to demand and receive from the other a reproration of taxes. Each party consents to such reproration and agrees to look to the other party should a reproration become necessary, and to save and hold harmless as to such reproration the closing attorney. APPROVED BY SEL ER: t lton McNichol Di a McNichol Date: 9--i-S , 2011 Page 3 of 5 i" APPROVAL OF CLOSING STATEMENT AND DISBURSEMENT SHEET; INSTRUCTIONS TO CLOSING AGENT Seller and Buyer 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 parties understand and agree that in the event that the actual expense is less than the estimate, the party which paid the same 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 party which paid the same shall be required to pay the actual expense over and above the estimate. REAL PROPERTY TAX NOTICE: It is understood between the parties hereto that the exact amount of real property taxes applicable to the subject property for the current year is unknown and proration was based on an estimate from the Seminole County Property Appraiser in the amount of $1.82. Should actual taxes for the current year be substantially different, each party shall have the right to demand and receive from the other a reproration of taxes. Each party consents to such reproration and agrees to look to the other party should a reproration become necessary, and to save and hold harmless as to such reproration the closing attorney. APPROVED BY BUYER: CITY OF WINTER SPRIN FLORIDA By: ZZA - Kev' L. Smi ity Manager Date: , 2011 G:\Docs \City of Winter Springs\Real Estate Closings\McNichol SR434 Decel Lane \Closing Docs \CLOSING STMT.wpd Page 4 of 5 i� 1 W4 : I 1 0 .10 dyll% That part of: Lot 80, THE RESERVE AT TUSCAWILLA, PHASE II, according to the map or plat thereof as recorded in Plat Book 50, Pages 3 through 9, inclusive, of the Public Records of Seminole County, Florida. described as follows: Commence at the Southeast corner of Tract "A ", The Reserve at Tuscawilla, Phase 1, according to the plat thereof, as recorded in Plat Book 48, Pages 31 through 40, inclusive, of the Public Records of Seminole County, Florida; thence run South 88 °36 West along the South line of said Tract " A " a distance of 154.19 feet to the Southwest corner of said Tract "A "; thence departing said South line, run North 01 *23'37" West along the West line of said Tract "A" a distance of 329.07 feet to a point on the existing Southerly right of way line of State Road 434 as shown Florida Department of Transportation Right of Way Map Section 77070 -2517, said point also being a point on a non - tangent curve concave Northerly having a radius of 2988.40 feet and a chord bearing of North 86 °51'12" West; thence departing said West line, from a tangent bearing of North 87 °27 West, run Westerly along said existing Southerly right of way line and the arc of said curve through a central angle of 01 °11'37" a distance of 62.26 feet to the end of said curve for a Point of Beginning; thence departing said existing Southerly right of way line, continue Westerly along the arc of said curve through a central angle of 00 0 49 9 43" a distance of 43.21 feet to a point on the West line of Lot 80, The Reserve at Tuscawilla, Phase II, according to the plat thereof, as recorded in Plat Book 50, Pages 3 through 9, inclusive, of the Public Records of Seminole County, Florida; thence departing said curve, run North 01 West along said West line a distance of 5.03 feet to a point on the aforesaid existing Southerly right of way line of State Road 434, said point also being a point on a non non - tangent curve concave Northerly and concentric with the aforesaid curve having a radius of 2983.40 feet and a chord bearing of South 85 1 50 1 14" East; thence departing said West line from a tangent bearing of South 85 °25 East, run Easterly along said existing Southerly right of way line and along the arc of said curve through a central angle of 00 1 50'19" a distance of 43.66 feet to the end of said curve; thence departing said curve, run South 03 1 44'36" West continuing along said existing Southerly right of way line a distance of 5.00 feet to the Point of Beginning. Page 5 of 5 ._, 1 . HAZARDOUS SUBSTANCE AFFIDAVIT STATE OF FLORIDA COUNTY OF ORANGE BEFORE ME, the undersigned authority, personally appeared MILTON McNICHOL and DIEDRA McNICHOL ( "Seller "), and who, in order to induce the CITY OF WINTER SPRINGS, FLORIDA, ('Buyer "), to close the purchase of the real property more particularly described on Exhibit "A" attached hereto (the "Real Property"), being duly sworn, deposes and states as follows: A. Hazardous Substances Seller hereby represents to Buyer that to the best of its knowledge there has not been and there is not: (i) any presence of any petroleum products or any hazardous substance (as hereinafter defined) on the Real Property, (ii) any generation, recycling, use, reuse, sale, storage, handling, transport and /or disposal of any petroleum products or any hazardous substance on the Real Property, or (iii) any failure to comply with any applicable local, state or federal laws regulations, ordinances or administrative or judicial orders relating to the generation, recycling, use, reuse, sale, storage, handling, transport and/or disposal of any petroleum products or any hazardous substances on the Real Property. As used herein, the term "hazardous substance" means any substance or material defined or designated as hazardous or toxic waste material or substance or petroleum product or asbestos or PCBs or other similar term(s) by any federal, state or local law, statute, regulation, rule or ordinance. FURTHER AFFIANT SAYETH NOT. alim W DIEDRA McNICHOL SWORN TO AND SUBSCRIBED before me this _ day of , Z011, by MILTON McNICHOL and DIEDRA McNICHOL (check one) ❑ who are personally known to me or who produced Q Q . :Q 'j yet - U(,l/Jt/.LC�s identification. --/� dv� of Publi Print Name: My Commission Expires: G: \Does \City of Winter Springs\Real Estate Closings\McNichol SR434 Decel Lane \Closing Docs \hazardous substance aff.wpd NANCY k HAM 1 •+^ MY COMMISSION k EE 039729 EXPIRES: November 16, 2014 Bonded Thru Notary boc Underwritzrs EXHIBIT "A" That part of: Lot 80, THE RESERVE AT TUSCAWILLA, PHASE II, according to the map or plat thereof as recorded in Plat Book 50, Pages 3 through 9, inclusive, of the Public Records of Seminole County, Florida. described as follows: Commence at the Southeast corner of Tract "A ", The Reserve at Tuscawilla, Phase 1, according to the plat thereof, as recorded in Plat Book 48, Pages 31 through 40, inclusive, of the Public Records of Seminole County, Florida; thence run South 88 0 36'23" West along the South line of said Tract "A" a distance of 154.19 feet to the Southwest corner of said Tract "A "; thence departing said South line, run North 01 0 23'37" West along the West line of said Tract 16 A" a distance of 329.07 feet to a point on the existing Southerly right of way line of State Road 434 as shown Florida Department of Transportation Right of Way Map Section 77070 -2517, said point also being a point on a non - tangent curve concave Northerly having a radius of 2988.40 feet and a chord bearing of North 86 0 51'12" West; thence departing said West line, from a tangent bearing of North 87 0 27'01" West, run Westerly along said existing Southerly right of way line and the arc of said curve through a central angle of 01 a distance of 62.26 feet to the end of said curve for a Point of Beginning; thence departing said existing Southerly right of way line, continue Westerly along the are of said curve through a central angle of 00 1 49'43" a distance of 43.21 feet to a point on the West line of Lot 80, The Reserve at Tuscawilla, Phase II, according to the plat thereof, as recorded in Plat Book 50, Pages 3 through 9, inclusive, of the Public Records of Seminole County, Florida; thence departing said curve, run North 01 0 23'37" West along said West line a distance of 5.03 feet to a point on the aforesaid existing Southerly right of way line of State Road 434, said point also being a point on a non non - tangent curve concave Northerly and concentric with the aforesaid curve having a radius of 2983.40 feet and a chord bearing of South 85 0 50 1 14" East; thence departing said West line from a tangent bearing of South 85 °25'05" East, run Easterly along said existing Southerly right of way line and along the are of said curve through a central angle of 00 a distance of 43.66 feet to the end of said curve; thence departing said curve, run South 03 0 44 1 36" West continuing along said existing Southerly right of way line a distance of 5.00 feet to the Point of Beginning. CERTIFICATE OF NON - FOREIGN STATUS STATE OF FLORIDA COUNTY OF ORANGE Section 1445 of the Internal Revenue Code provides that a TRANSFEREE of a U.S. real property interest must withhold tax if the TRANSFEROR is a foreign person. To inform the TRANSFEREE that withholding of tax is not required upon the disposition of a U.S. real property interest by MILTON McNICHOL and DIEDRA McNICHOL, (hereinafter referred to as "TRANSFEROR "), the undersigned hereby certifies the following as TRANSFEROR: 1. TRANSFEROR is not a foreign person, foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); and 2. TRANSFEROR'S Federal Tax Identification [or Social Security] number is: 3. TRANSFEROR'S address is: 316 Heatherwood Court, Winter Springs, FL 32708. TRANSFEROR understands that this certification may be disclosed to the Internal Revenue Service by TRANSFEREE and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury, we declare that we have examined this certification and to the best of our knowledge and belief it is true, correct, and complete, and we further declare that we have authority to sign this document as TRANSFEROR. t r SWORN TO AND SUBSCRIBED before me this / S day of 5Q , 2011, by MILTON McNICHOL and DIEDRA McNICHOL (check one) ❑ who are personally known to me or who produce /Lt . �Y i i/�YS_ �Q a s identification. / t State of Florida Print Name: NANCY A HAM MY COMMISSION # EE 039729 # EXPIRES: November 1 B, 2014 !Jl Bonded 7hru Notary Public Undmwrtt rs G:\Docs \City of Winter Springs \Real Estate Closings \McNichol SR434 Decel Lane \Closing Docs \Non- ForeignStatus individual.wpd IN�NNIN��NIMNNNrIMN1NNINNiN�N�1NM MM" NNEv CLERK W CIRCUIT MW Return to: SENINmz Grim Catherine D. Reischmann, Esq. BK 076M Rgs 1748 - 1704; (3pgs) P.O. Box 2873 CLERK'S * 20 Orlando, FL 32802 -2873 RECORDED 09116/2011 09:11238 AN RECORDING FEES 27.00 RECORDED BY T Ssith PARTIAL RELEASE OF MORTGAGE FROM: Milton McNichol and Diedra McNichol, Mortgagors TO: PNC Bank N.A.as successor by merger to National City Bank, Mortgagee MORTGAGE DATE: June 14, 2007 MORTGAGE RECORDED: June 28, 2007 MORTGAGE BOOK: 6743 PAGE: 867 RECORDER OF DEEDS OFFICE OF: Seminole COUNTY DEBT: $350,000.00 KNOW ALL MEN BY THESE PRESENTS, WHERE AS, the Mortgagor identified above, pursuant to the Mortgage identified above, granted and conveyed unto : PNC Bank N.A. as successor by merger to National City Bank, , its successors and assigns, or a predecessor now known by that name pursuant to a merger or change of name (the "Mortgagee "), the premises more particularly described in said Mortgage (the " Mortgaged Premises "), to secure the payment of that certain debt or principle sum identified above, together with interest and the other Obligations set forth in said Mortgage; WHEREAS, the Mortgagor has requested the Mortgagee to release from the lien of the Mortgage described in EXHIBIT "A" attached hereto and made part hereof, which premises constitutes a portion, but not all of, the Mortgaged Premises; NOW THEREFORE, the Mortgagee, in consideration of the premises and the sum of One Dollar ($ 1.00), lawful money to it in hand paid by the Mortgagor and for other valuable consideration, the receipt of which is hereby acknowledged, and intending to be legally bound, has remised, released, quit - claimed, exonerated and discharged, and by these presents does remise, release, quit - claim, exonerate and discharge unto the Mortgagor, its heirs, executors, administrators, successors and assigns, ALL THAT CERTAIN lot or piece of ground described as EXHIBIT "A" attached hereto together with the buildings and improvements thereon erected. TO HOLD, THE SAME, with the appurtenances unto the Mortgagor, their heirs, executors, administrators, successors and assigns forever freed, exonerated and discharged of and from the lien of the Mortgage in every part thereof. PROVIDED, ALWAYS, NEVERTHELESS, that nothing herein contained shall in any way affect, alter or diminish the lien or encumbrance of the aforesaid Mortgage on any remaining part of the Mortgaged Premises, or the remedies at law for recovering against the Mortgagor, their heirs executors, administrators, successors and assigns, for the Obligations secured by the Mortgage. WITNESS the due execution hereof this 2n day of August, 2011. ATTEST: UIA�Q41t'� Laulielohnston, Adsistant Vice President COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY PNC Bank N.A. as successor by merger to National City BanN, mq C this J. Donaffue, Vice President Ots t41" On this 2 day of August, 2011, before me, a Notary Public, the undersigned officer, personally appeared Cynthia J. Donahue, who acknowledged himself/herself to be an officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing on behalf of said bank as such officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public- Lisa A. Grafton MY COMMISSION EXPIRES: 9 -23 -14 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Lisa A. Gratton, Notary Public City of Pittsburgh, Allegheny County My Commission Expires Sept. 23, 2014 Member. PennsOvania Association of Notaries Prepared by the PNC Bank Leal Department C IWIVO That part of: Lot 80, THE RESERVE AT TUSCAWILLA, PHASE II, according to the map or plat thereof as recorded in Plat Book 50, Pages 3 through 9, inclusive, of the Public Records of Seminole County, Florida. described as follows: Commence at the Southeast corner of Tract "A ", The Reserve at Tuscawilla, Phase 1, according to the plat thereof, as recorded in Plat Book 48, Pages 31 through 40, inclusive, of the Public Records of Seminole County, Florida; thence run South 88 1 36'23" West along the South line of said Tract "A" a distance of 154.19 feet to the Southwest corner of said Tract "A "; thence departing said South line, run North 01 1 23'37" West along the West line of said Tract "A" a distance of 329.07 feet to a point on the existing Southerly right of way line of State Road 434 as shown Florida Department of Transportation Right of Way Map Section 77070 -2517, said point also being a point on a non - tangent curve concave Northerly having a radius of 2988.40 feet and a chord bearing of North 86 0 51 1 12" West; thence departing said West line, from a tangent bearing of North 87 0 27 1 01" West, run Westerly along said existing Southerly right of way line and the arc of said curve through a central angle of 01 0 11'37" a distance of 62.26 feet to the end of said curve for a Point of Beginning; thence departing said existing Southerly right of way line, continue Westerly along the arc of said curve through a central angle of 00 °49'43" a distance of 43.21 feet to a point on the West line of Lot 80, The Reserve at Tuscawilla, Phase H, according to the plat thereof, as recorded in Plat Book 50, Pages 3 through 9, inclusive, of the Public Records of Seminole County, Florida; thence departing. said curve, run North 01 1 23'37" West along said West line a distance of 5.03 feet fo a point on the aforesaid existing Southerly right of way line of State Road 434, said point also being a point on a non non - tangent curve concave Northerly and concentric with the aforesaid curve having a radius of 2983.40 feet and a chord bearing of South 85'50'14" East; thence departing said West line from a tangent bearing of South 85 1 25'05 ".. East, run Easterly along said existing Southerly right of way line and along the arc of -said curve through a central angle of 00 1 50'19" a distance of 43.66 feet to the end of said curve; thence departing said curve, run South 03 1 44 1 36" West continuing along said existing Southerly right of way line a distance of 5.00 feet to the Point of Beginning. INItNMi1�Mr�rN�NrN�MrMw��llr Prepared by and return to: Robin G. Drage, Esq. Brown, Garganese, Weiss & D'Agresta, P.A. P.O. Box 2873 Orlando, FL 32801 -2873 MWRMgMNE NORSE, CLERK OF CIRCUIT COURT SEMINOt.E COUNTY IK OMM Pgs 1705 - 1707= UNs) CLERK' S R 20 RECORDED 09116/2011 09t11138 AM RECORDING FEES 27.00 RECORDED BY T Smith PARTIAL RELEASE OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., (MERS), a Delaware corporation, as nominee for STOCKTON, TURNER & HOLCOMBE, a Florida corporation, ( "Mortgagee ") is the owner and holder of that certain Mortgage and Security Agreement executed in its favor by MILTON McNICHOL and DIEDRA McNICHOL, husband and wife, ( "Mortgagor "), recorded on June 17, 2004 in Official Records Book 5351, Page 1007 et sec..; (the "Mortgage "), securing that certain promissory note described in the Mortgage, and certain premises and obligations set forth in said Mortgage, encumbering the property situate in Seminole County, Florida more particularly described in the Mortgage (the "Property "); and WHEREAS, Mortgagee now desires to release a portion of the Property from the lien and effect of the Mortgage. NOW, THEREFORE, for and in consideration of the sum of $10.00 and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, Mortgagee hereby releases and discharges from the lien and effect of the Loan Documents, that part of the Property described as follows: SEE EXHIBIT "A" ATTACHED HERETO. It is expressly understood that the release of the said parcel from the lien shall not in any way affect the lien of said Deed of Trust (Mortgage) upon the remaining land thereby subject to the Deed of Trust/Mortgage. 'l IN WITNESS WHEREOF, Mortgagee has caused these presents to be executed in manner and form sufficient to bind it this - �M day of A1�Ul�S'` , 2011. WITNESSES: y (print) �J Lt YI i C C- (print) STATE OF y l fGtl r1 CGU Y OF t �h nrtu MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. : 4 By: Print name: _Q-tA Title: Address: 9,©. ( -b � Q(!) . The foregoing instrument was acknowledged before me this day of Acu(c,t I , 2011, by nA+y I'CL 3, am O the Affii M Gfu f MORTGAGE ELECTRONIC EGISTRATION SYSTEMS, INC., (check one) ❑ who 'is personally known to me or ❑ who produced as identification. VICKY H. SERAFIM Notary Public Commonwealth of Virginia 223869 My Commission Expires Dec 31, 2014 Nov Publics/ //'' Print Name: ylcky 1 ''�' ti - r My Commission expires: N A EXHIBIT "A" That part of: Lot 80, THE RESERVE AT TUSCAWILLA, PHASE II, according to the map or plat thereof as recorded in Plat Book 50, Pages 3 through 9, inclusive, of the Public Records of Seminole County, Florida. described as follows: Commence at the Southeast corner of Tract "A ", The Reserve at Tuscawilla, Phase 1, according to the plat thereof, as recorded in Plat Book 48, Pages 31 through 40, inclusive, of the Public Records of Seminole County, Florida; thence run South 88 °36'23" West along the South line of said Tract "A" a distance of 154.19 feet to the Southwest corner of said Tract "A"; thence departing said South line, run North 01 °23'37" West along the West line of said Tract "A" a distance of 329.07 feet to a point on the existing Southerly right of way line of State Road 434 as shown Florida Department of Transportation Right of Way Map Section 77070 -2517, said point also being a point on a non - tangent curve concave Northerly having a radius of 2988.40 feet and a chord bearing of North 86 West; thence departing said West line, from a tangent bearing of North 87 0 27'01" West, run Westerly along said existing Southerly right of way line and the are of said curve through a central angle of 01 0 11'37" a distance of 62.26 feet to the end of said curve for a Point of Beginning; thence departing said existing Southerly right of way line, continue Westerly along the arc of said curve through a central angle of 00 0 49'43" a distance of 43.21 feet to a point on the West line of Lot 80, The Reserve at Tuscawilla, Phase II, according to the plat thereof, as recorded in Plat Book 50, Pages 3 through 9, inclusive, of the Public Records of Seminole County, Florida; thence departing said curve, run North 01 1 23'37" West along said West line a distance of 5.03 feet to a point on the aforesaid existing Southerly right of way line of State Road 434, said point also being a point on a non non - tangent curve concave Northerly and concentric with the aforesaid curve having a radius of 2983.40 feet and a chord bearing of South 85 °50'14" East; thence departing said West line from a tangent bearing of South 85 °25'05" East, run Easterly along said existing Southerly right of way line and along the arc of said curve through a central angle of 00 0 50'19" a distance of 43.66 feet to the end of said curve; thence departing said curve, run South 03 1 44'36" West continuing along said existing Southerly right of way line a distance of 5.00 feet to the Point of Beginning. W AFFIDAVIT OF NO LIENS (Seller) STATE OF FLORIDA COUNTY OF ORANGE BEFORE ME, the undersigned authority authorized to take oaths and administer acknowledgments, personally appeared MILTON McNICHOL and DIEDRA McNICHOL, ( "Affiant "), who duly sworn under penalties of perjury, deposes and states as follows: 1. Affiants represent 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. S. 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. 7. Affiants are not part of any bankruptcy proceeding under the U.S. Code, or insolvency under any state statutes, and is 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, which is purchasing the property from Afliant. 10. That said Affiants recognize that some of the purposes of this affidavit are to induce the CITY OF WINTER SPRINGS 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. Affiant does 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. Affiant has read, or heard read, the full facts of this Affidavit and understand its context. Affiant has caused this Affidavit to be executed this 15th day of September, 2011. WNFON McNICHOL r DIE RA McMCHOL SWORN TO AND SUBSCRIBED before me this 15th day of September, 2011, by MILTON McNICHOL and DIEDRA McNICHOL who has produced a Florida drivers license as identification. N TARP PiffiLic Print name: My Commissio i Exni MY COMMISSION It EE 039729 �{ EXPIRES: November 16, 2014 Bonded ThruNoWyPW*Undetwftm G:1Docs \City of Winter Springs\Real Estate Closings\McNichol SR434 Decel Lane \Closing Docs\Seller_AffidavitNoLiens dividual.wpd Page 2 of 2 FILE NO. 10054690 Commitment for Title Insurance (with Florida Modifications) Issued By Old Republic National Title Insurance Company Old Republic National Title Insurance Company, a Minnesota corporation ( "Company "), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the Land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by an authorized office of the Company or an agent of the Company. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Issued through the Office of: BROWN GARGANESE WEISS & D'AGRESTA PA 111 N. ORANGE AVENUE #2000 ORLANDO, FL 328022873 Phon"407- 425 -9566 utforized Signature Ol.O REPUBLIC NATIONAL TITLE INSURANCE COMPANY A SIxt +rte SandAmw SaWk h6vo ak eta 5W 0721371-1111 ORT Form 4309FL ALTA Commitment for Title Insurance 06t06 FILE NO. 10054690 CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the forth of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company whether or not based on negligence arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued will contain the following arbitration clause: Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the Insured at the time of the controversy or claim. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the Land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request ORT Form 4308FL ALTA Commitment for Title Insurance 06/06 Old Republic National Title Insurance Company 2300 Maitland Center Parkway #140 Maitland, Florida 32751 Revised Date: July 19,20119:09 am SCHEDULE A FILE NO.: 10054690 JAR Agent File # 1193 County: Seminole 1. Effective Date: July 14, 2011 at 8 :00 A.M. 2. Policies to be Issued: (a) ALTA 2006 OWNER'S POLICY (with Florida Modifications) Proposed Insured: To be determined (b) ALTA 2006 LOAN POLICY (with Florida Modifications) Proposed Insured: N/A Proposed Amount of Insurance: Amount: $4,340.00 Amount: N/A Premium: $ 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: Milton McNichol and Diedra McNichol, husband and wife 5. The land referred to in this Commitment is described as follows: See Attached Legal Description ALTA COMMITMENT Page 1 FILE NO.: 10054690 SCHEDULE B - SECTION I REQUIREMENTS Requirements: 1. Payment of the full consideration to, or for the account, of, the grantors or mortgagors. 2. Instruments) necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record: a) Warranty Deed from Milton McNichol and Diedra McNichol, 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) Release of the subject property from that certain Mortgage from Milton McNichol and Diedra McNichol to Mortgage Electronic Registration Systems, Inc., as nominee for Stockton, Turner & Holcombe, dated June 14, 2004, and recorded in O.R. Book 5351, page 1007. b) Release of the subject property from that certain Mortgage from Milton McNichol and Diedra McNichol to National City Bank, dated June 14, 2007, and recorded in O.R. Book 6743, page 867. c) Furnish proof, satisfactory to the Company, from the Homeowners Association that all association fees and assessments have been paid in full, and that there are no delinquencies. d) All approvals from the Developer or the Homeowners Association as provided in the Declaration of Covenants, Conditions, Easements and Restrictions for The Reserve at Tuscawilla. NOTE: All recording references in this commitment/policy shall refer to the Public Records of Seminole County, unless otherwise noted. SCHEDULE B SECTION II IS CONTINUED ON AN ADDED PAGE ALTA COMMITMENT Page 2 FILE NO.: 10054690 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: Defects, liens, encumbrances, adverse claims or other matters, if any created, fast appearing in the Public Records or attaching subsequent to the Effective Date 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. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment: includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments on the Land of existing improvements located on adjoining land. 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. 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 adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled or artificially exposed lands and lands accreted to such lands. 8. State road right reservations(s), if any. 9. Oil, gas and mineral right reservations, if any. 10. 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. 11. All matters contained on the Plat of The Reserve at Tuscawilla Phase II, as recorded in Plat Book 50, pages 3 to 9, inclusive. 12. General Bill of Sale and Assignment recorded in O.R. Book 1952, page 299. 13, Final Order Approving Settlement Agreement and Amendment to Annexation Ordinance No. 64, The Tuscawilla Planned Unit Development, Master Plan for The Tuscawilla Planned Unit Development and Related Matters recorded in O.R. Book 2243, page 1508. 14. Ordinance No. 489 of the City of Winter Springs recorded in O.R. Book 2277, page 464. 15. Settlement Agreement and Amendment to Annexation Ordinance No. 64, The Tuscawilla Planned Unit Development, Master Plan for The Tuscawilla Planned Unit Development and Related Matters recorded in O.R. Book 2277, page 469. 16. Declaration of Covenants, Conditions, Easements and Restrictions recorded in O.R. Book 2853, page 1055; Supplemental Declaration and Amendment recorded in O.R. Book 2999, page 18. 17. Impact Fee Credit Agreement recorded in O.R. Book 2927, page 1467. 18. Cable Television Installation and Service Agreement recorded in O.R. Book 2989, page 736. ALTA COMMITMENT Page 3 FILE NO.: 10054690 19. Subject to a 10 foot planting and screening easement in favor of The Reserve at Tuscawilla Community Association, Inc., and a 5 foot utility easement in favor of the public, St. Johns River Water Management District and The Reserve at Tuscawilla Community Association, Inc., along the side lot lines pursuant to the plat of The Reserve at Tuscawilla, Phase II, recorded in Plat Book 50, Pages 3 -9, Public Records of Seminole County, Florida. 20. Subject to the Developer's limited partners' consent regarding lot subdivision as required by Article 7.3 of the Declaration of Covenants, Conditions, Easements and Restrictions for The Reserve at Tuscawilla, recorded in O.R. Book 2853, Page 1055, Public Records of Seminole County, Florida. TAX INFORMATION Parcel No. 06 -21 -31 -504- 0000 -0800 2010 taxes paid in the gross amount of $7,921.29. Homestead and additional exemptions. No delinquent taxes. ALTA COMMITMENT Page 4 FILE NO.: 10054690 That part of: EXHIBIT A "Lot 80, THE RESERVE AT TUSCAWILLA, PHASE II, according to the map or plat thereof as recorded in Plat Book 50, Pages 3 through 9, inclusive, of the Public Records of Seminole County, Florida." described as follows: Commence at the Southeast corner of Tract "A ", The Reserve at Tuscawilla, Phase 1, according to the plat thereof, as recorded in Plat Book 48, Pages 31 through 40, inclusive, of the Public Records of Seminole County, Florida; thence run South 88 0 36 1 23" West along the South line of said Tract " A " a distance of 154.19 feet to the Southwest corner of said Tract "A "; thence departing said South line, run North 01 1 23'37" West along the West line of said Tract "A" a distance of 329.07 feet to a point on the existing Southerly right of way line of State Road 434 as shown Florida Department of Transportation Right of Way Map Section 77070 -2517, said point also being a point on a non- tangent curve concave Northerly having a radius of 2988.40 feet and a chord bearing of North 86 0 51 1 12" West; thence departing said West line, from a tangent bearing of North 87 0 27'01" West, run Westerly along said existing Southerly right of way line and the arc of said curve through a central angle of 01 1 11 1 37" a distance of 62.26 feet to the end of said curve for a Point of Beginning; thence departing said existing Southerly right of way line, continue Westerly along the arc of said curve through a central angle of 00 0 49 1 43" a distance of 43.21 feet to a point on the West line of Lot 80, The Reserve at Tuscawilla, Phase U, according to the plat thereof, as recorded in Plat Book 50, Pages 3 through 9, inclusive, of the Public Records of Seminole County, Florida; thence departing said curve, run North 01 0 23 1 37" West along said West line a distance of 5.03 feet to a point on the aforesaid existing Southerly right of way line of State Road 434, said point also being a point on a non non - tangent curve concave Northerly and concentric with the aforesaid curve having a radius of 2983.40 feet and a chord bearing of South 85 °50 East; thence departing said West line from a tangent bearing of South 85 0 25'05" East, run Easterly along said existing Southerly right of way line and along the are of said curve through a central angle of 00 1 50'19" a distance of 43.66 feet to the end of said curve; thence departing said curve, run South 03 °44'36" West continuing along said existing Southerly right of way line a distance of 5.00 feet to the Point of Beginning. ALTA COMMITMENT Page 5 1 SELLER MILTON McNICHOL and DIEDRA McNICHOL BUYER CITY OF WINTER SPRINGS, FLORIDA PROPERTY DESCRIPTION A Portion of Lot 80, The Reserve at Tuscawilla, Phase H, PB 50, Page 3, Seminole County, Florida (see Exhibit "A" attached) CLOSING DATE September 15, 2011 FURTHER ASSURANCES AGREEMENT For and in consideration of the Closing Agent disbursing proceeds of this Sale, and in order to insure the accuracy of settlement statements, deeds, mortgages and other documents of closing in this transaction, the undersigned do mutually agree to cooperate, adjust, initial, re- execute and re- deliver any and all closing documents if deemed necessary or desirable in the reasonable discretion of Closing Agent. It is the intention of the undersigned that all documentation for this transaction and all payments or disbursements made shall be an accurate reflection of the parties' agreement; that each party should pay all costs and expenses contemplated by their agreement and/or dictated by custom and usage in this area. The undersigned do hereby agree and covenant to assure that this transaction and its documentation will conform to the parties' agreement and it is understood that Closing Agent will rely upon this agreement and the covenants herein in closing this transaction. Further, for services performed pursuant to this Agreement, SELLER and BUYER each agree to the fullest extent permitted by law, to indemnify and hold harmless the Closing Agent and its employees, officers, and attorneys from and against all claims, losses, damages, or liability (including reasonable attorneys' fees through any and all administrative, trial, post judgment and appellate proceedings), directly or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting from the failure of either party to meet its obligation under this agreement. In the event additional documents are required to be executed or revised to complete the terms and conditions of the closing, Buyer and Seller agree to cooperate with each other and Brown, Garganese, Weiss & D'Agresta, P.A. WITNESSES: 1N � / �.1. � .` . cd`� e.Yl tie RC i SC A, Qr)Y1 SELLER: Milton McNichol STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this day of 2011, by Milton McNichol and Diedra McNichol (check one) ❑ who are personally known to me or who produced - Dr j (5 L 1(' as identification. NO ARY P LIC Print name: My Commission Expires: NANCY A. HAM MY COMMISSION # EE 039729 � _ EXPIRES: November 16, 2014 ��!!f� C..`' Bonded Thru Notary Pubk Underwrbrs __ �] G: \Does \City of Winter Springs \Real Estate Closings \McNichol SR434 Decel Lane \Closing DocsTurther Assurance Seller.wpd Page 2 of 3 k i EXHIBIT "A" That part of: Lot 80, THE RESERVE AT TUSCAWILLA, PHASE II, according to the map or plat thereof as recorded in Plat Book 50, Pages 3 through 9, inclusive, of the Public Records of Seminole County, Florida. described as follows: Commence at the Southeast corner of Tract "A ", The Reserve at Tuscawilla, Phase 1, according to the plat thereof, as recorded in Plat Book 48, Pages 31 through 40, inclusive, of the Public Records of Seminole County, Florida; thence run South 88 °36'23" West along the South line of said Tract "A" a distance of 154.19 feet to the Southwest corner of said Tract "A "; thence departing said South line, run North 01 1 23 1 37" West along the West line of said Tract "A" a distance of 329.07 feet to a point on the existing Southerly right of way line of State Road 434 as shown Florida Department of Transportation Right of Way Map Section 77070 -2517, said point also being a point on a non- tangent curve concave Northerly having a radius of 2988.40 feet and a chord bearing of North 86 °51'12" West; thence departing said West line, from a tangent bearing of North 87 1 27'01" West, run Westerly along said existing Southerly right of way line and the arc of said curve-through a central angle of 01 a distance of 62.26 feet to the end of said curve for a Point of Beginning; thence departing said existing Southerly right of way line, continue Westerly along the arc of said curve through a central angle of 00 °49'43" a distance of 43.21 feet to a point on the West line of Lot 80, The Reserve at Tuscawilla, Phase II, according to the plat thereof, as recorded in Plat Book 50, Pages 3 through 9, inclusive, of the Public Records of Seminole County, Florida; thence departing said curve, run North 01 1 23 1 37" West along said West line a distance of 5.03 feet to a point on the aforesaid existing Southerly right of way line of State Road 434, said point also being a point on a non non - tangent curve concave Northerly and concentric with the aforesaid curve having a radius of 2983.40 feet and a chord bearing of South 85 °50'14" East; thence departing said West line from a tangent bearing of South 85 0 25'05" East, run Easterly along said existing Southerly right of way line and along the arc of said curve through a central angle of 00 0 50 1 19" a distance of 43.66 feet to the end of said curve; thence departing said curve, run South 03 1 44'36" West continuing along said existing Southerly right of way line a distance of 5.00 feet to the Point of Beginning. Page 3 of 3 A. SELLER MILTON McNICHOL and DIEDRA McNICHOL BUYER CITY OF WINTER SPRINGS, FLORIDA PROPERTY DESCRIPTION A Portion of Lot 80, The Reserve at Tuscawilla, Phase Il, PB 50, Page 3, Seminole County, Florida (see Exhibit "A" attached) CLOSING DATE September 15, 2011 FURTHER ASSURANCES AGREEMENT For and in consideration ofthe Closing Agent disbursing proceeds of this Sale, and in order to insure the accuracy of settlement statements, deeds, mortgages and other documents of closing in this transaction, the undersigned do mutually agree to cooperate, adjust, initial, re- execute and re- deliver any and all closing documents if deemed necessary or desirable in the reasonable discretion of Closing Agent. It is the intention of the undersigned that all documentation for this transaction and all payments or disbursements made shall be an accurate reflection of the parties' agreement; that each party should pay all costs and expenses contemplated by their agreement and/or dictated by custom and usage in this area. The undersigned do hereby agree and covenant to assure that this transaction and its documentation will conform to the parties' agreement and it is understood that Closing Agent will rely upon this agreement and the covenants herein in closing this transaction. Further, for services performed pursuant to this Agreement, SELLER and BUYER each agree to the fullest extent permitted by law, to indemnify and hold harmless the Closing Agent and its employees, officers, and attorneys from and against all claims, losses, damages, or liability (including reasonable attorneys' fees through any and all administrative, trial, post judgment and appellate proceedings), directly or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting from the failure of either party to meet its obligation under this agreement. . In the event additional documents are required to be executed or revised to complete the terms and conditions of the closing, Buyer and Seller agree to cooperate with each other and Brown, Garganese, Weiss & D'Agresta, P.A. L CITY OF WINTER SPRI , FLORIDA By: L. S W, City Manager (print) STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this �_ day of DrILP VIA VI X , 2011, by KEVIN L. SMITH, City Manager of the City of Winter Springs, Plorida, who is personally known to me. aow���� NQJARY PUBLIC Print name: IDQ.,YI I cl If H My Commission Expires: #C 'r DANIELLE M. HARKER MY COMMISSION # EE 062248 . �:= EXPIRES: April 15, 2015 17�,1t. Bonded Thru Notary Public Undeivrtiten; G:\Docs \City of Winter Springs\Real Estate Closings\McNichol SR434 Decel Lane \Closing DocsTurther Assurance Buyer.wpd Page 2 of 3 11: That part of: Lot 80, THE RESERVE AT TUSCAWILLA, PHASE H, according to the map or plat thereof as recorded in Plat Book 50, Pages 3 through 9, inclusive, of the Public Records of Seminole County, Florida. described as follows: Commence at the Southeast corner of Tract "A ", The Reserve at Tuscawilla, Phase 1, according to the plat thereof, as recorded in Plat Book 48, Pages 31 through 40, inclusive, of the Public Records of Seminole County, Florida; thence run South 88 1 36'23" West along the South line of said Tract "A" a distance of 154.19 feet to the Southwest corner of said Tract "A "; thence departing said South line, run North 01 West along the West line of said Tract " A " a distance of 329.07 feet to a point on the existing Southerly right of way line of State Road 434 as shown Florida Department of Transportation Right of Way Map Section 77070 -2517, said point also being a point on a non - tangent curve concave Northerly having a radius of 2988.40 feet and a chord bearing of North 86 °51 West; thence departing said West line, from a tangent bearing of North 87 1 27'01" West, run Westerly along said existing Southerly right of way line and the arc of said curve through a central angle of 01 °11 a distance of 62.26 feet to the end of said curve for a Point of Beginning; thence departing said existing Southerly right of way line, continue Westerly along the arc of said curve through a central angle of 00 0 49 1 43" a distance of 43.21 feet to a point on the West line of Lot 80, The Reserve at Tuscawilla, Phase H, according to the plat thereof, as recorded in Plat Book 50, Pages 3 through 9, inclusive, of the Public Records of Seminole County, Florida; thence departing said curve, run North 01 0 23 1 37" West along said West line a distance of 5.03 feet to a point on the aforesaid existing Southerly right of way line of State Road 434, said point also being a point on a non non - tangent curve concave Northerly and concentric with the aforesaid curve having a radius of 2983.40 feet and a chord bearing of South 85 °50 East; thence departing said West line from a tangent bearing of South 85 1 25'05" East, run Easterly along said existing Southerly right of way line and along the arc of said curve through a central angle of 00 1 50 1 19" a distance of 43.66 feet to the end of said curve; thence departing said curve, run South 03 °44 West continuing along said existing Southerly right of way line a distance of 5.00 feet to the Point of Beginning. Page 3 of 3 TAX INFORMATION REPORTING SERVICE SUBSTITUTE FORM 1099 S THIS IS IMPORTANT TAX INFORMATION AND IS BEING FURNISHED TO THE INTERNAL REVENUE SERVICE. IF YOU ARE REQUIRED TO FILE A RETURN, A NEGLIGENCE PENALTY OR OTHER SANCTION WILL BE IMPOSED ON YOU IF THIS ITEM IS REQUIRED TO BE REPORTED AND THE INTERNAL REVENUE SERVICE DETERMINES THAT IT HAS NOT BEEN REPORTED. Reporting Unit: BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. P. O. Box 2873 Orlando, FL 32802 -2873 Phone: 407/425 -9566 Case/File No. : 1193/2009.12.2.A Tax ID No. SELLER Milton McNichol 316 Heatherwood Court Winter Springs, FL 32708 LEGAL A Portion of Lot 80, The Reserve at Tuscawilla, Phase II, PB 50, Page 3, Seminole County, Florida PROPERTY ADDRESS 316 Heatherwood Court, Winter Springs, FL 32708 S.S. # BUYER'S PART OF REAL ESTATE TAX: $.00 GROSS PROCEEDS : CLOSING DATE $ 4,340.00 September 15, 2011 SELLER IS REQUIRED BY LAW TO PROVIDE THE CORRECT TAXPAYER IDENTIFICATION NUMBER. IF CORRECT TAXPAYER IDENTIFICATION NUMBER IS NOT PROVIDED, THEN HE /SHE MAY BE SUBJECT TO CIVIL OR CRIMINAL PENALTIES IMPOSED BY LAW. UNDER PENALTIES OF PERJURY, I certify that the taxpayer identification number sho in this statement is my correct taxpayer identification number. c — P ilton McNichol Diedr McNichol Date: q - I s ^ -� 0 << , r m' RAY VALDES SEMINOLE COUNTY TAX COLLECTOR NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS BROWN, GARGANESE, WEISS & D'AGRESTA PA PO BOX 2873 ORLANDO, FL 32802 Real Estate Deposit Property ID Number Tax Year Escrow Code Millage Code Exemptions Tax Bill Number 06 -21 -31 -504 -0000 -0800 2011 0464 W1 YES 142370 MC NICHOL MILTON & DIEDRA 316 HEATHERWOOD CT WINTER SPRINGS FL 32708 6179 LOT 80 RESERVE AT TUSCAWILLA PH 2 PB 50 PGS 3 THRU 9 PAD: 316 HEATHERWOOD CT PAYMENT INFORMATION Paid By: BROWN, GARGANESE, WEISS & Total Paid: 1.29 D'AGRESTA PA Receipt #: D- 09/19/11 -P- 003686 Payment #: 1 of 1 PO BOX 2873 Payment Type: CHECK Clerk: JR ORLANDO, FL 32802 * * 2011 Real Estate Deposit * * This 'Duplicate Tax Receipt' becomes a valid tax payment receipt only when the actual transfer of funds is completed. i � 1 OWNER'S POLICY OF TITLE INSURANCE (with Florida Modifications) * Policy Number OXFL- 08044068 File Number: 40054690 * ** Issued by Old Republic National Title Insurance Company * Any notice of claim and any other notice or statement in writing required to be given to the * * Company under this Policy must be given to the Company at the address shown in Section 18 * * of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation (the "Company') insures, as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law, (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. In Witness Whereof, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory of the Company. Policy Issuer: Countersigned: BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. 111 N ORANGE AVENUE, #2000 ORLANDO, FL 32602 -2873 PHONE: 407 -425 -9566 Authorized Officer or Licensed Agent ORT Form 4309 FL ALTA Owners Policy of Title Insurance 6 -17 -06 (with Florida Modifications) OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 (612) 371 -1111 By President Attest Secretary B. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. B. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6 Z. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or B. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; ORT Form 4309 FL ALTA Owners Policy of Title Insurance 6 -17 -06 (with Florida Modifications) (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. Page 2 CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance ": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy ": The date designated as "Date of Policy" in Schedule A. (c) "Entity ": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) 'Insured ": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly -owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly -owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant ": An Insured claiming loss or damage. (f) "Knowledge" or "Known ": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land ": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage ": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized bylaw. (i) "Public Records ": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), 'Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title ": The estate or interest described in Schedule A. (k► "Unmarketable Title ": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to ORT Form 4309 FL ALTA Owners Policy of Title Insurance 6 -17 -06 (with Florida Modifications) purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. Page 3 CONDITIONS (con't) 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e- mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or contin- ue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this ORT Form 4309 FL ALTA Owners Policy of Title Insurance 6 -17 -06 (with Florida Modifications) policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10 %, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. Page 4 CONDITIONS (con't) 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Unless prohibited by applicable law, arbitration pursuant tothe Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the Insured at the time of a controversy or claim. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the Land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim whether or not based on negligence shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to deter- mine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at 400 Second Avenue South, Minneapolis, Minnesota 55401 -2499, Phone: 612 - 371 -1111. ORT Form 4309 FL ALTA Owners Policy of Title Insurance 6.17.06 (with Florida Modifications) Page 5 0 * C SCHEDULE A OWNER'S POLICY SCHEDULE A AGENT FILE NUMBER: 1193 (2009.12.2.A) POLICY NUMBER: OXFL - 08044068 ORT FILE NUMBER: 10054690 Address Reference: 316 Heatherwood Court, Winter Springs, FL 32708 Amount of Insurance: $ 4,340.00 Date of Policy: September 16, 2011 at 9:11:38 a.m. 1. Name of Insured: CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation 2. The estate or interest in the Land that is insured by this policy is: fee simple 3. Title is vested in: CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation 4. The land referred to in this Policy is described as follows: SEE EXHIBIT "A" ATTACHED HERETO. ORT Form 4309 FL A Schedule A for ALTA Owners Policy of Title Insurance 6 -17-06 SCHEDULE B AGENT FILE NUMBER: 1193 (2009.12.2.A) POLICY NUMBER: OXFL - 08044068 ORT FILE NUMBER: 10054690 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: Easements or claims of easements not shown by the public records. 2. General or special taxes and assessments required to be paid in the year 2011 and subsequent years. 3. 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. 4. State road right reservations, if any. 5. Oil, gas and mineral right reservations, if any. 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. All matters contained on the Plat of The Reserve at Tuscawilla Phase II, as recorded in Plat Book 50, pages 3 to 9, inclusive. 8. General Bill of Sale and Assignment recorded in O.R. Book 1952, page 299. 9. Final OrderApproving Settlement Agreement and Amendmentto Annexation Ordinance No. 64, The Tuscawilla Planned Unit Development, Master Plan for The Tuscawilla Planned Unit Development and Related Matters recorded in O.R. Book 2243, page 1508. 10. Ordinance No. 489 of the City of Winter Springs recorded in O.R. Book 2277, page 464. 11. Settlement Agreement and Amendment to Annexation Ordinance No. 64, The Tuscawilla Planned Unit Development, Master Plan for The Tuscawilla Planned Unit Development and Related Matters recorded in O.R. Book 2277, page 469. 12. Declaration of Covenants, Conditions, Easements and Restrictions recorded in O.R. Book 2853, page 1055; Supplemental Declaration and Amendment recorded in O.R. Book 2999, page 18. 13. Impact Fee Credit Agreement recorded in O.R. Book 2927, page 1467. (see continuation sheet) ORT Form 4309 FL B Schedule B for ALTA Owners Policy of Title Insurance 6 -17 -06 Page 2 of 4 I hL BROWN, GARGANESE, WEISS & UAGRESTA, P.A. Attorneys at Lazy 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, Florida 32802 -2873 Phone (407) 425 -9566 Fax (407) 425 -9596 October 27, 2011 Andrea Lorenzo- Luaces, CMC City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 RECEIVED NOV 0 9 2011 CITY OF WINTER SPRINGS OFFICE OF THE CITY CLERK Anthony A. Garganese Board Certified City, County & Local Government Law agarganese@orlandola w net Re: City of Winter Springs / Tuscora Decel Lane / McNichol Closing Our File No. 2009.12.2.A (1193) Dear Andrea: With respect to the transfer of property from Milton and Diedra McNichol to the City of Winter Springs, please find enclosed the following documents for safekeeping: 1. Original Warranty Deed recorded in O.R. Book 7632, Pagel 708 2. Copy of Consent Agreement for the Reserve at Tuscawilla recorded in O.R. Book 7632, page 1679 3. Original Closing Statement 4. Original Hazardous Substance Affidavit 5. Original Certificate of Non - Foreign Status 6. Copy of Partial Release of Mortgage (PNC) recorded in O.R. Book 7632, Page 1702 7. Copy of Partial Release of Mortgage (MERS) recorded in O.R. Book 7632, Page 1705 8. Copy of Affidavit of No Liens 9. Copy of Further Assurance Agreement (Seller) 10. Copy of Further Assurance Agreement (Buyer) 11. Copy of 1099S 12. Copy of receipt from Seminole County Tax Collector 13. Original Owner's Title Policy No. OXFL - 08044068 Ft. Lauderdale (954) 670 -1979 • Kissimmee (321) 402 -0144 • Cocoa (866) 425 -9566 Website: u%vw.orlandolaw.net • Email: firm @,orlandolaw.net I Andrea Lorenzo- Luaces, CMC October 27, 2011 Page 2 It was a pleasure assisting the City with this matter, and should you have any questions, please do not hesitate to contact our office. Si ,er 1 , Anthony A. Garganese City Attorney AAG /nh Enclosures cc: Brian Fields, P.E., City Engineer Kevin Smith, City Manager IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: (signature) C6$YAW PC r SCAPM 10 (print name) (sig ature) Q n&4 A 1- (print name) Milton McNichol Diedra cNichol 316 Heatherwood Court Winter Springs, FL 32708 STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this C � day of Si 2llt� m 2011, by MILTON McNICHOL and IEDRA McNICHOL, husband and wife, (check one) ❑ who are personally known to me or who produced P . 1 Y i ' very Lt Gz n S.- as identification. --� a4t'�� 0. No ary Publ • Print Name: My Commission expires: A" NANCY A HAM * MY COMMISSION / EE 03 0 •= EXPIRES: November 16, 2014 Bonded Thru Nary Pubic UrrdenNitae 2 ' BOONOARY SURVEY PARCEL No.: 1 0 1 N ( D) TB. 585 0 25'0 5 "E EXHIBIT (C)(M) CURVE DATA A. 00-50 : L - 43.6 R. 2983. C. 43.60' CB. S86 05'03 "E (D) CURVE DATA (p) CURVE DATA . 00 °50'19" O. 00 0 50' 19 " D 4 L• g 43.66' , 2983. R• 2983. 43.67' CB• 66 ' ' 1 "E CB' 585 057'30 "E 4 VACANT - NO BUILDINGS c• , U - ) � a � p • PLANTING AND SCREENING A E3Eg� (D) CURVE DATA r - M 50, (p.8. S p. 00 0 49'43" M ;, 11 L. 43-21' _,_------- - -_B•- 2988.40' 43: - N _ o C• C . N85 °50'32"W o -• cow 4 ,r', ; ( C) ( M) CURVE DATA zo �Q z^ .. �. 00 °49 42 W L• 43.20' ►' w"' � R. 2988. mM av, , C. 43.20' N86 ° 06' 44 CB. o O I` 0. d i FND . 5/8- l R8C LB-2856 DETAIL "B" NOT TO SCALE DRAWN By, S.P. /P.T. S.R. 434 AT TUSCORA DRNE CHECKED BY, C. LASER FND. 5/8" IRBC »F.D.O.T. 01 0 Lo 00c M N fn W-0 v M t/l 1 ca v L R /W LINE F. F ND. 5 /8 " " 1 R8C F.6-0.T. - - - - - - - - - - - - - - - - - - - - - - - - , POINT OF BEGINNING , , LOT 80 THE RESERVE AT TUSCAWILLA PHASE II P.B. 30, PGS. 3 -9 SCALE+ tr SW DATES O6/29/d REVISED+ N/� l8 SHEET I OF 4 DATEr 06/29/« No'' 090 BOUNDARY SURVEY PARCEL No.: 0 DESCRIPTION: That port oft lot 80, THE RESERVE AT TUSCAWILLA, PHASE lI, occording to the mop or plot thereof as recorded In Plot Book 50, Pages 3 THROUGH 9, INCLUSIVE. of the Public Records of Seminole County, Flor/do." !Sold property being the some lands described In Offfclol Records Book 5351, Page 1006 of the Public Records of Seminole County, Florldo.l described as follows: Coimience of the Southeast corner of Tract "A ". The Reserve of Tuscowillo. Phase I. occording to the plot thereof, as recorded In Plot Book 48. Pages 31 through 40. Inclusive. of the Public Records of Seminole County. Florldot thence run South 88 West along the South IIna of sold Tract "A" o dlstonce of 154.19 feet to the Southwest corner of sold Tract A "; thence deporting sold South line. run North 01 West along the West line of sold Tract A " o dlstonce of 329.07 feet to o point on the exlsting Southerly right of way line of State Rood 434 as shown Flor/do Deportment of Tronsportotlon Right of Way Mop Sectlon 77070 -2517. sold point also being o point on o non - tangent curve concave Northerly hoving o rodlus of 2988.40 feet and o chord beoring of North 86°51'12" West; thence deporting sold West line. from o tangent beoring of North 87 °27'01" West. run Westerly along sold exlsting Southerly right of way I1na and the arc of sold curve through a central ongle of 01°11'37" o dlstonce of 62.26 feet to the end of sold curve for o Point of Beglnning; thence deporting sold exlsting Southerly right of way Ilne, continue Westerly along the arc of sold curve through o central ongle of 00 0 49'43" o dlstonce of 43.21 feet to o point on the West I Ina of Lot 80, The Reserve of Tuscowll /a. Phase /I. occording to the plot thereof, as recorded In Plot Book 50. Pages 3 through 9, Inclusive. of the Public records of Seminole County, Florldo; thence deporting sold curve. run North 01 0 23'37" West along sold West line o dlstonce of 5.03 feet to o point on the oforesold exlsting Southerly right of way IIna of State Rood 434, sold point also being o point on o non non - tangent curve concave Northerly and concentric with the oforesold curve hoving o rodlus of 2983.40 feet and o chord beoring of South 85 East; thence deporting sold West IIna from o tangent beoring of South 85 °25'05" East, run Easterly along sold exfstfng Southerly right of way IIna and along the arc of sold curve through o central ongle of 00 o dlstonce of 43.66 feet to the end of sold curvet thence deporting sold curve. run South 03 0 44'36" West contlnuing along sold exlsting Southerly right of way line o dlstonce of 5.00 feet to the Point of Beglnning. Contolning 217 square feet, more or less. CERTIFIED TO: MILTON MCNICHOL AND DIEDRA MCNICHOL THE CITY OF WINTER SPRINGS. FLORIDA BROWN GARGANESE. WEISS AND D'AGRESTA OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY LOCHRANE ENGINEERING. INC. L.B. No. 2856 CHRISTOPHER A. LOSERGE P.S.M. No. 6014 NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER L-OCHRANE. Consulting Englfws • Surveyors 201 South Bumby Av&mOrlondo.Florldo 32803 f4071896.33f7 PROJECT NAME+ S.R. 434 AT TUSCORA DRIVE DRAWN BY: S.P. /P.T. DATE: 06129111 SCALE: N/A CHECKED BY: C. LABERGE DATE: OS129111 JOB No.: 09014.18 REVISED: I SHEET 2 OF 4 N BOUNDARY SURVEY PARCEL No.: 0 10' PLANTING AND SCREENING EASEMENT (P.B. 50, PGS 3 -9)� — S.R. 434 (R /W VARIES) NT CURVE DATA A' 01 011'37" EXIST. SOUTHERLY SEE DE TAI L " A ** L= 62.26' R/W LINE PER F.D.O.T. R= 2988.40' R/W MAP SEC. 77070 -2517 C= 62.26' -4,- / CB- N86°51 ' 1 2 "W -- - - - - - - - - - o - ' E� 1 co — — — — — — NT z r- - i i TB= N87 5' UTILITY EASEMENT 3 ° (P.B. 50, PGS 3 -9) LOT 79 LOT 80 THE RESERVE AT TUSCAWILLA, PHASE II P.B. 50, PGS. 3-9 HEATHERWOOD COURT - -- DETAIL " ------ - - - - - o I� NOT TO SCALE ( D) CURVE DATA 9 I (SEE DETAIL "B" SHEET A. 00 0 50 1 19" 4 ) L• 43.66' 3 R• 2983.40' �o TB • S85 C• 43.66' CB- S85 0 50' 1 4 "E v' oo NT f o R/W LINE Ln 3 (D) CURVE DATA _ �• 00 0 49'43" R- LOT 8 0 2988.40' ' o CB• °50'32 "W z POINT OF BEGINNING I I o — — — — — — — — — — — — — — — — — — I - - CURVE DATA 40. 00' ( P ) D= 02 °13T2 " - - - -- L= 115.92' R= 2988.40' C= 115.91' CB= N88 0 42'13 "W (P) W TRACT "A " RETENTION POND °r a N N M M Li � W O �'00 z J M - N M O O .. 03 a Ix 00 U 0D THE RESERVE AT TUSCAWILLA, PHASE I P.B. 48, PGS. 31 -40 POINT OF COMMENCEMENT THE S.E. CORNER OF TRACT "A THE S.W. CORNER OF TRACT "A" N88 0 28'22 "E 154.19'(P) S88 0 36 '23 "W 154.19' S. LINE OF TRACT "A" I S.R. 4.34 AT TUSCORA DRIVE DRAWN BY: S.P. /P.T. I DATE: 05129111 REVISED: N/A SCALES I' • 50' CHECKED BY: C. LABERGE I DATE: 06129111 J08 No.: 09a4.IB SHEET 3 OF BOUNDARY SURVEY PARCEL No.: 101 GENERAL NOTES: 1. BEARINGS AS SHOWN HEREON ARE BASED ON THE CENTERLINE OF CONSTRUCTION OF STATE ROAD 434, AS BEING S89 °41 - 38'E BETWEEN P. T. STA. 640.25.08 AND P.O. T. STA. 661- 72. 74. AS SHOWN ON FLORIDA DEPARTAENT OF TRANSPORTATION RIGHT OF WAY MAP SECTION 77070-2517 FOR STATE ROAD 434. 2. TOTAL AREA OF THE HEREIN DESCRIBED PARCEL IS 217 SQUARE FEET. MORE OR LESS. 3. SEE SHEET I FOR PARCEL BOUNDARY DETAIL; SEE SHEET 2 FOR LEGAL DESCRIPTION; SEE SHEET 3 FOR PARCEL SKE TCHi SEE SHEET 4 FOR NOTES AND LEGEND$ 4. NO ENVI RONAENTAL ISSUES HAVE BEEN ADDRESSED BY THIS SURVEY. 5. SURVEYOR HAS REVIEWED THE FOLLOWING I TEATS LISTED I N SCHEDULE B. SECTION 2, OF OLD RPUBL I C NATIONAL TITLE INSURANCE COMPANY TITLE COMWI TRENT NO. 10054690 JAR, EFFECTIVELY DATED MAY 10. 2011 AT 8:00 AM (REVISION DATE MAY II. 2011). FOR EASEMENTS AND RIGHTS-OF -WAY AND FINDS THE FOLLOWING$ I TER -11 - PLAT BOOK 50, PAGES 3 THROUGH 9: EASEAENTS SHOWNt I TER -12 - 0. R. B. 1952, PG. 299: NO EASEMENTS OR RIGHTS-OF-PAY; ITEM -13 - O.R.B. 2243. PG. 1508: NO EASEMENTS OR RIGHTS -OF -WAY; I TER -14 - O.R.B. 2277, PG. 464: NO EASEMENTS OR RIGHTS -OF -WAY; ITEM -15 - O.R.B. 2277, PG. 469: NO EASEMENTS OR RIGHTS-OF -WAY; ITER -16 - O.R.B. 2853, PG. 1055 8 O.R.B. 2999, PG. 18: NO EASEMENTS OR RIGHTS -OF -WAY; 1 TER -17 - O.R.B. 2855. PG. 1976: NO EASEMENTS OR RIGHTS -OF - WAY; ITER -18 - O.R.B. 2927, PG. 1467$ NO EASEMENTS OR RIGHTS-OF -WAY; I TER -19 - 0. R. B. 2989, PG 736: CONTAINS AN 'EASEMENT IN GROSS' 1 A BLANKET £ASEAENTI$ THE PROPERTY MAY ALSO BE SUBJECT TO OTHER MATTERS SET FORTH IN SAID T 1 TL E COMA/ TRENT. LEGEND: P. C. CENTRRL I NE d DELTA (CENTRAL ANGLE) C CHORD DISTANCE CB CHORD BEARING C. M. CONCRETE MONUMENT D DEGREE OF CURVE EXIST. EXISTING F. D. 0. T. FLORIDA DEPARTAENT (R) OF TRANSPORTATION FND. FOUND 1D. IDENTIFICATION L LENGTH L.B. LICENSED BUSINESS L T. LEFT N/A NOT AVAILABLE NT NON-TANGENT No. NUM6ER O.R.B. OFFICIAL RECORDS BOOK P. B. PL AT BOOK (C) SE T 5 18 " I RON ROD AND CAP O -L 82856 UNLESS OTHERWISE (DI NOTED$ P. C. POINT OF CURVATURE PG(S). PAGE(S) P.1. POINT OF INTERSECTION P. 0. T. POINT ON TANGENT P. T. POINT OF TANGENCY P. S. M. PROFESSIONAL SURVEYOR AND MAPPER R RADIUS (R) RADIAL RGE. RANGE RT. RIGHT R/W RIGHT OF WAY SEC. SECTION S. R. STATE ROAD STA. STATION T TANGENT TO TANGENT BEARING TOP. TOWNSHIP IRBC IRON ROD AND CAP (C) CAL CUL ATED (M1 FIELD MEASURED (DI DEED (P) PLAT I S.R. 434 AT TUSCORA DRIVE DRAWN BY: S.P. /P.T. DATE: 06129111 REVISED* N/A SCALE+ N/A CHECKED BY: C. LABERGE DATE: 06129 111 .JOB No., 0994.18 SHEET 4 OF 4 14. Cable Television Installation and Service Agreement recorded in O.R. Book 2989, page 736. 15. Subject to a 10 foot planting and screening easement in favor of The Reserve at Tuscawilla Community Association, Inc., and a 5 foot utility easement in favor of the public, St. Johns River Water Management District and The Reserve at Tuscawilla Community Association, Inc., along the side lot lines pursuant to the plat of The Reserve at Tuscawilla, Phase II, recorded in Plat Book 50, Pages 3 -9, Public Records of Seminole County, Florida. 16. Subject to the Developer's limited partners' consent regarding lot subdivision as required by Article 7.3 of the Declaration of Covenants, Conditions, Easements and Restrictions for The Reserve at Tuscawilla, recorded in O.R. Book 2853, Page 1055, Public Records of Seminole County, Florida. 17. Consent Agreement for the Reserve at Tuscawilla recorded in O.R. Book 7632, Page 1679, et seq. NOTE: All recording references in this policy shall refer to the Public Records of Seminole County, unless otherwise noted. THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED. ORT Form 4309 FL B Schedule B for ALTA Owners Policy of Title Insurance 6 -17 -06 Page 3 of 4 EXHIBIT A That part of: "Lot 80, THE RESERVE AT TUSCAWILLA, PHASE II, according to the map or plat thereof as recorded in Plat Book 50, Pages 3 through 9, inclusive, of the Public Records of Seminole County, Florida." described as follows: Commence at the Southeast corner of Tract "A ", The Reserve at Tuscawilla, Phase 1, according to the plat thereof, as recorded in Plat Book 48, Pages 31 through 40, inclusive, of the Public Records of Seminole County, Florida; thence run South 88 1 36'23" West along the South line of said Tract "A" a distance of 154.19 feet to the Southwest corner of said Tract "A "; thence departing said South line, run North 01 West along the West line of said Tract "A" a distance of 329.07 feet to a point on the existing Southerly right of way line of State Road 434 as shown Florida Department of Transportation Right of Way Map Section 77070 -2517, said point also being a point on a non - tangent curve concave Northerly having a radius of 2988.40 feet and a chord bearing of North 86 0 51'12" West; thence departing said West line, from a tangent bearing of North 87 0 27'01" West, run Westerly along said existing Southerly right of way line and the arc of said curve through a central angle of 01 1 11'37" a distance of 62.26 feet to the end of said curve for a Point of Beginning; thence departing said existing Southerly right of way line, continue Westerly along the arc of said curve through a central angle of 00 0 49'43" a distance of 43.21 feet to a point on the West line of Lot 80, The Reserve at Tuscawilla, Phase II, according to the plat thereof, as recorded in Plat Book 50, Pages 3 through 9, inclusive, of the Public Records of Seminole County, Florida; thence departing said curve, run North 01 11 23'37" West along said West line a distance of 5.03 feet to a point on the aforesaid existing Southerly right of way line of State Road 434, said point also being a point on a non non - tangent curve concave Northerly and concentric with the aforesaid curve having a radius of 2983.40 feet and a chord bearing of South 85 0 50'14" East; thence departing said West line from a tangent bearing of South 85 0 25'05" East, run Easterly along said existing Southerly right of way line and along the arc of said curve through a central angle of 00 1 50'19" a distance of 43.66 feet to the end of said curve; thence departing said curve, run South 03 1 44'36" West continuing along said existing Southerly right of way line a distance of 5.00 feet to the Point of Beginning. ORT Form 4309 FL B THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED. Schedule B for ALTA Owners Policy of Title Insurance 6 -17 -06 Page 4 of 4