HomeMy WebLinkAboutPhelopateer, LLC. - Warranty Deed -2013 _, , MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK 07972 Pgs 0355 - 3571 (3pgs)
CLERK' S # 2013026384
RECORDED 02/20/2013 03:18:35 PM
Prepared By and Return to: DEED DOC TAX 0.70
Brown,Garganese,Weiss&D'Agresta,P.A. RECORDING FEES 27.00
Anthony A. Garganese,Esquire RECORDED BY S Maguire
Y P.O.Box 2873
Orlando,Florida 32802-2873
Parcel No. 34-20-30-5AW-0000-0300
WARRANTY DEED
THIS WARRANTY DEED, executed this /b day of Jet r1 , 201/3
by PHELOPATEER,LLC,a Florida limited liability company,whose post office address is 1348
Valley Pine Circle,Apopka,FL 32712(hereinafter called the Grantor),to the CITY OF WINTER
SPRINGS, FLORIDA, a Florida municipal corporation, whose post office address is 1126 East
State Road 434,Winter Springs,FL 32708 (hereinafter called the Grantee).
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and the heirs,legal representatives and assigns of individuals,and the successors
and assigns of corporations.)
WITNESSETH: That the Grantor,for and 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.
s
IN WITNESS WHEREOF,the said Grantor has signed and sealed these presents the day and
year first above written.
'me ESSES: PHELOPATEER,LLC, a Florida limited liability
company
(signature) By:
kat)) I es4'11'0 Kamil F. Gowni, Managing Member
(p ' t name) 1348 Valley Pine Circle,Apopka, FL 32712
.r -lath'
(signature)
V
(print name)
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this day of
O4 uCx rl i ,2013,by C'"`''le President of PHELOPATEER,
LLC, (check one) who is personally known to me or ❑ who produced
as identification.
NMI KW
.0) Notary Public
CamothOmm t& Print Name: I S
Camom •II IN* My Commission expires: a`..0
1
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•
EXHIBIT "A"
A portion of Section 34,Township 20 South,Range 30 East, Seminole County,Florida,
more particularly described as follows:
Commence at the intersection of the South right-of-way line of State Road No.434 as
shown on the Florida Department of Transportation right-of-way map, Section Number
77580-2610,and the West right-of-way line of Hayes Road per Official Records Book 3707,
pages 808 through 812,Public Records of Seminole County,Florida; thence run South 72
degrees 38' 37" West along the South right-of-way line of said State Road No.434, a
distance of 204.91 feet to the Point of Beginning; thence run South 17 degrees 21' 23" East
along the West line of land described in Official Records Book 7062, page 409,Public
Records of Seminole County,Florida, a distance of 2.00 feet; thence continue North 85
degrees 19' 26" East along the land described in said Official Records Book,a distance of
41.00 feet; thence run South 72 degrees 38' 37" West, a distance of 97.19 feet; thence run
South 84 degrees 48' 00" West, a distance of 42.74 feet; thence run North 17 degrees 21'
23" West,a distance of 2.00 feet; thence run North 72 degrees 38' 37" East along the
aforesaid South right-of-way line of State Road No.434, a distance of 98.97 feet to the Point
of Beginning.
3
MMARRYANNNE MORSE, CLERK OF CIRCUIT COURT
BK 07972 Pp 0364 — 366; (3pgs)
CLERK'S # 2013026386
Prepared by and return to: RECORDED 02/20/2013 0311805 PM
Anthony A.Garganese,Esq. RECORDING FEES 27.00
Brown,Garganese,Weiss&D'Agresta,P.A. RECORDED BY S Maguire
"". P.O.Box 2873
Orlando,FL 32801-2873
PARTIAL RELEASE OF MORTGAGE
AND
OTHER LOAN DOCUMENTS
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, 1sT UNITED BANK, successor by merger to ANDEREN BANK,
("Mortgagee") whose address is One North Federal Highway, Boca Raton, FL 33432, is the
owner and holder of that certain Mortgage executed in its favor by PHELOPATEER, LLC, a
Florida limited liability company, ("Mortgagor"), dated January 10, 2012 and recorded on
January 13, 2012 in Official Records Book 7697 at Pages 119 et sea.; (the "Mortgage"), as well
as that Assignment of Rents recorded in Official Records Book 7697, Page 130, et seq., (the
"Assignment of Rents"), all of the Public Records of Seminole County, Florida (the Mortgage,
and the Assignment of Rents collectively referred to herein as the"Loan Documents"), securing
that certain promissory note described in the Loan Documents, and certain premises and
obligations set forth in said Loan Documents, encumbering the property situate in Seminole
County,Florida more particularly described in the Loan Documents(the"Property");and
WHEREAS,Mortgagee now desires to release a portion of the Property from the lien and
effect of the Loan Documents.
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.
PROVIDED, HOWEVER,that nothing herein contained shall in anywise impair, alter or
diminish the effect, lien or encumbrance of the Loan Documents as to the balance of the Property
not hereby released therefrom,or any of the rights of the holder of the Loan Documents.
IN WITNESS WHEREOF, Mortgagee has caused these presents to be executed in
manner and form sufficient to bind it this f2 'day of r/,ec' .-e,-- ,2012.
I,
WITNESSES: 1st UNITED BANK
` k1) H1n Print name: I9 dv[%(rf
(print)
Title:
de.?•'G I /! (S4/1 (V4
(print)
STATE OF FLORIDA
COUNTY OF C/fiti-ie
The foregoing instrument was acknowledged before me this /? day of deer'ina', 2012,
by ) v w■ IV‘ if S , as of 1st UNITED BANK,
who is personally known to me or has produced - r 56 NA- / as
identification and did(not)take an oath.
(NOTARY SEAL) /
No 1 7rlic1 -
°''o''''• RONNIE J.CARTWRIGHT
\\ MY COMMISSION it DD 879885
o Typed or Printed Notary Name
EXPIRES:Apri113,2013
t nd• Bonded Thru Notary Public Undenvriten n
Notary Public-State of �GC�
Commission No.:
My Commission Expires: V/i//3
2
Y
EXHIBIT"A"
A portion of Section 34,Township 20 South,Range 30 East, Seminole County,Florida,
more particularly described as follows:
Commence at the intersection of the South right-of-way line of State Road No.434 as
shown on the Florida Department of Transportation right-of-way map,Section Number
77580-2610,and the West right-of-way line of Hayes Road per Official Records Book 3707,
pages 808 through 812,Public Records of Seminole County,Florida; thence run South 72
degrees 38'37" West along the South right-of-way line of said State Road No.434,a
distance of 204.91 feet to the Point of Beginning; thence run South 17 degrees 21' 23" East
along the West line of land described in Official Records Book 7062,page 409,Public
Records of Seminole County,Florida,a distance of 2.00 feet;thence continue North 85
degrees 19'26" East along the land described in said Official Records Book,a distance of
41.00 feet; thence run South 72 degrees 38' 37" West,a distance of 97.19 feet; thence run
South 84 degrees 48' 00" West,a distance of 42.74 feet; thence run North 17 degrees 21'
23" West,a distance of 2.00 feet; thence run North 72 degrees 38' 37"East along the
aforesaid South right-of-way line of State Road No.434,a distance of 98.97 feet to the Point
of Beginning.
3
{ t /
MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK 07972 Pgs 0358 - 363; (6pgs)
CLERK' S # 2013026385
Prepared by and return to: RECORDED 02/20/2013 03118;35 PM
Anthony A.Garganese,Esq. RECORDING FEES 52.50
Brown,Garganese,Weiss&D'Agresta,P.A. RECORDED BY S Maguire
P.O.Box 2873
Orlando,FL 32802-2873
LIMITED LIABILITY COMPANY AFFIDAVIT
STATE OF FLORIDA
COUNTY OF ORANGE
Before me, a Notary Public, personally appeared KAMIL F. GOWNI, ("Affiant"), who
after being duly sworn, deposes and states that:
1. Affiant is the Sole Member and Managing Member of PHELOPATEER, LLC, a Florida
limited liability company("Company").
2. The Company is currently in good standing and existence under Florida law and has not
been terminated or dissolved. Further, that full compliance with all requirements
regarding the sale of Company property contained in the Company's organization
documents and all regulations have been completed.
3. Pursuant to the Resolutions of PHELOPATEER, LLC, dated Jccn , t 0 lot 3, -
KAMIL F. GOWNI, as Managing Member, is authorized to sign and deliver all contracts,
to make commitments and execute conveyance documents, and take any and all such
actions on behalf of the Company as may lawfully be delegated to a manager of the
Company under the laws of the State of Florida in connection with its sale of the real
property described on Exhibit "A" attached hereto and incorporated herein by this
reference. The Company has issued a Resolution executed by the Sole Member of the
Company authorizing the above named individual to execute any and all documents in
connection with the transaction contemplated in said Resolution. The Resolution is
attached hereto as Exhibit"B" and incorporated herein by this reference.
4. That neither PHELOPATEER, LLC, nor any member of same has been adjudicated
bankrupt or is currently a debtor in any bankruptcy or other insolvency proceeding.
5. Affiant acknowledges and understands that this affidavit is given under oath for the
specific purpose of inducing Old Republic National Title Insurance Company to insure
the deed conveying the property described in Exhibit "A," and that Old Republic
National Title Insurance Company is relying on the representations contained herein.
Witnesses: PHELOPATEER, LLC, a Florida
limited liability company
, / LJ� By:.
KAMIL F. GOWNI, Mana ing Member
Prin Name Ui•� � '�
a):),(; .
Print Name: i1 j✓ner-1 r
Sworn to and subscribed before me, this I 'O day of , 2011, by
KAMIL F. GOWNI,the Managing Member of PHELOPATEER, LLC, a Florida limited liability
company, (check one) ❑ who is personally known to me or ❑ who provided a Florida driver's
license as identification.
(NOTARY SEAL)
Notary ublic Signature C
CIA\_♦ , -../
���� �� JACKIE ROB811� � �b i
14,1 MY COMMISSION A EE 004938
•
;'_= EXPIRES:June 29,2014 Typed or Printed Notary Name Bonded TM No"" e s Notary Public
My Commission Expires: (0-.2-n-1
2
EXHIBIT"A"
A portion of Section 34,Township 20 South,Range 30 East,Seminole County,Florida,
more particularly described as follows:
Commence at the intersection of the South right-of-way line of State Road No. 434 as
shown on the Florida Department of Transportation right-of-way map,Section Number
77580-2610, and the West right-of-way line of Hayes Road per Official Records Book 3707,
pages 808 through 812,Public Records of Seminole County,Florida; thence run South 72
degrees 38' 37" West along the South right-of-way line of said State Road No. 434, a
distance of 204.91 feet to the Point of Beginning; thence run South 17 degrees 21' 23" East
along the West line of land described in Official Records Book 7062, page 409,Public
Records of Seminole County,Florida,a distance of 2.00 feet; thence continue North 85
degrees 19' 26" East along the land described in said Official Records Book,a distance of
41.00 feet; thence run South 72 degrees 38' 37" West, a distance of 97.19 feet; thence run
South 84 degrees 48' 00" West, a distance of 42.74 feet; thence run North 17 degrees 21'
23" West,a distance of 2.00 feet; thence run North 72 degrees 38' 37" East along the
aforesaid South right-of-way line of State Road No. 434, a distance of 98.97 feet to the Point
of Beginning.
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EXHIBIT
RESOLUTIONS OF PHELOPATEER,LLC
JCLfL t i ,201g
The undersigned, being the Sole Member of PHELOPATEER, LLC, a Florida limited
liability company ("Company"), does hereby consent to the following actions to be taken without
a meeting of the Members of the Company:
WHEREAS, the Company is the seller of certain property located in Seminole County,
Florida, and more particularly described on Exhibit "A" attached hereto ("Property"); and
WHEREAS, the Company desires to sell the Property to Buyer and it is in the best
interests of the Company to sell the Property;
NOW, THEREFORE, BE IT RESOLVED, that the sale of the Property constitutes an
action which was approved and authorized, and KAMIL F. GOWNI, as Managing Member of the
Company, is directed on behalf of the Company, to finalize and consummate on behalf of the
Company;
RESOLVED FURTHER that it is in the best interest of the Company to consummate the
sale of the Property;
RESOLVED FURTHER that KAMIL F. GOWNI, as Managing Member of Company,
alone and without joinder of any member, is hereby individually authorized and empowered in the
name and on behalf of the Company, to do all acts necessary and to execute, perform and deliver
all necessary documents, deeds, contracts, applications, assignments, escrow agreements, closing
statements, easements, amendments and any other instruments, in connection with the sale of the
Property contemplated by these resolutions, on such terms and in such form as may be required by
Old Republic National Title Insurance Company and as may be deemed necessary, appropriate or
advisable by said entity, his execution thereof to be conclusive evidence of such necessity,
appropriateness or advisability;
RESOLVED FURTHER that KAMIL F. GOWNI, as Managing Member of Company,
alone and without joinder of any member, is hereby individually authorized, directed and
empowered in the name and on behalf of the Company, to take all such further action, perform
such further duties and execute and deliver or file such additional agreements, documents,
applications, instruments, amendments, certificates and corporate papers as are contemplated in or
by the Contract or any agreement, document, instrument, assignment, assumption, or easement
executed and delivered pursuant thereto or as such individual may otherwise deem necessary or
desirable in order to accomplish the purpose and intent of the foregoing resolutions, the taking of
such action, the performance of such duties and the execution and delivery of such agreements,
documents, applications, certificates, instruments and papers to be conclusive with regard to such
necessity or desirability;
RESOLVED FURTHER that all documents and acts in connection with the sale of the
Property heretofore executed, performed and delivered for and on behalf of the Company by
KAMIL F. GOWNI are hereby ratified, adopted and confirmed as the act and deed of the
Company; and
,
RESOLVED FURTHER that Old Republic National Title Insurance Company and its
agent, and the Buyer all be entitled to rely on the foregoing powers and authorizations, all of
which shall continue in full force and effect until written notice of revocation has been given to
Old Republic National Title Insurance Company or the Buyer.
This Resolution may be executed in counterparts, all of which shall be considered an original and
a signature transmitted by facsimile transmission shall be considered an original signature.
PHELOPATEER LLC, a Florida limited liability
company
By: (
KAMIL F. GOWNI, Managing Member
2
EXHIBIT "A"
(Property)
A portion of Section 34,Township 20 South,Range 30 East, Seminole County,Florida, more
particularly described as follows:
Commence at the intersection of the South right-of-way line of State Road No. 434 as shown
on the Florida Department of Transportation right-of-way map, Section Number 77580-
2610,and the West right-of-way line of Hayes Road per Official Records Book 3707, pages
808 through 812,Public Records of Seminole County,Florida; thence run South 72 degrees
38' 37" West along the South right-of-way line of said State Road No. 434, a distance of
204.91 feet to the Point of Beginning; thence run South 17 degrees 21' 23" East along the
West line of land described in Official Records Book 7062,page 409,Public Records of
Seminole County, Florida,a distance of 2.00 feet; thence continue North 85 degrees 19' 26"
East along the land described in said Official Records Book,a distance of 41.00 feet; thence
run South 72 degrees 38' 37" West, a distance of 97.19 feet; thence run South 84 degrees 48'
00" West, a distance of 42.74 feet; thence run North 17 degrees 21' 23" West, a distance of
2.00 feet; thence run North 72 degrees 38' 37" East along the aforesaid South right-of-way
line of State Road No.434,a distance of 98.97 feet to the Point of Beginning.
3