HomeMy WebLinkAboutThe Reserve at Tuscawilla Community Association, Inc. - Affidavit of No Liens -2012 ;.
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AFFIDAVIT OF NO LIENS
(Seller)
STATE OF FLORIDA
COUNTY(�F SEMINOLE
BEFORE ME, the undersigned authority authorized to take oaths and administer �
acknowledgments, personally appeared_ �(�t,d'��l �pr 1'�S , President of THE
RESERVE AT TUSCAWILLA COMMiJNITY ASSOCTATI4N, INC., a Florida non-profit
corporation, ("Affiant"), who duly being sworn under penalties of perjury, deposes and states as
follows:
1. Affiant represents that THE RESERVE AT TUSCAWILLA COMMUNITY
ASSOCIATION, INC. ("Owner"), is currently the fee simple owner of the property
described in the Old Republic National Title Insurance Company Commitment attached
hereto as Exhibit"A"and incorporated by reference, and he has personal knowledge of the
matters noted herein.
2. Affiant is aware of no defects,liens,encurnbrances,or other adverse matters affecting title,
other than those disclosed in the attached Commitment.
3. That no persons or entities other than Owner are entitled to the right of possession or are in
possession of the properiy,and that Owner's right to title and possession of the property are
not in dispute or question,and there are no tenancies,leases,or other occupancies that affect
the pxoperty.
4. There are no disputes concerning the location of the boundary lines of the properry and there
are no easements or claims of easements not shown by the public records.
5. There are no outstanding or unpaid taxes, assessments, fees, or obligations of any nature
owed to any governmental autl�ority 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
� arty 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. Owner is not part of any banlauptcy proceeding under the U.S. Code, or insolvency under
any state sta.tutes, and is not currenxly in bankruptcy or the subject of a sta.te insolvency
statute. � �
8. That no work has been done or materials furnished to the property 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.
j A �
9. Affiant has not and wili not execute any instrument or do any act whatsoever which could or
might in any way affect the title to the foregoing praperty to the detriment of the CITY OF
WINTER SPRINGS,which is purchasing the property from Owner.
10. That said Affiant recognizes that sorne of the purposes of this affidavit are to induce the
CITY OF WINT'ER SPRINGS to purcha.se said property. `
11. Affiant is aware that Old Republic National Title Insurance Company and Brown,
Garganese, Weiss&D'Agresta,P.A.are relying upon tYus A.ffidavit to issue a title insurance
policy in accordan.ce with the aforesaid Commitment, Affiant does hereby indemnify and
hold hatmless Old Republic National Title Insurance Company and Brown, Garganese,
Weiss&D'Agresta, P.A. against any loss or damage, including reasonable attomeys' fees
and costs, through all appeIlate 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. Affiant is familiaz with the nature of an oath and with the penalties as provided by the laws
of the United Sta.tes and the Sta.te of Florida for falsely swearing to statements made in an
instxument of this nature, Affiant has read, or hea.rd read,the full facts of tlus Affidavit and
understand its context.
3��. '�,p,�
Affiant has caused this Affidavit to be executed this day of �(�G ,2012.
(signature page to follow] •
: , . �
AFFIANT:
THE RESERVE AT TUSCAWILLA
COMMUNITY ASSOCIATION,INC.,a .
Florida non-pxofit corporation
�---
By: 8-t, �
Print name: �jq,J'(,�. �'��
Title: ��eS
S WO TO AND SUBSCRIBED before rne this �� day of �� ,2012,by
S(1� �� �S ,Presid�nt of THE RESERVE AT TUSCAWII.,LA COMMUNi'I'Y
ASSOCIA'TION, INC., (check one) i��who is personally lmown to me, or ❑ who has praduced
as identification.
NOTA PUBLIC
Print name: ..�-��t'�n
My Commission Expires:
��
av+�"�� Notary Public 5tate of Florida
? , J Bfachstein
� My Commission DQ829795
�oFp,o� Expires 12l14/2012
Page 3 of 3
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Old RepublEc Nat�onal Titie Insurance Company
2300 Maltland Center Parkway#144
Maitl�nd,Florida 32751 '
SCHEDULE A
FILE NO.: i2079630 JAR
Agent File#314-079
County: Seminole
l. Effective Date: August 29,2012 at 8:00 A.M.
2. Policies to be Issued: Proposed Amount of Insurance:
(a) ALTA 2Q06 OWNER'S POLICY Amount: $10,000.00
(with Florida Modifications)
PraposedInsured: Premium: $
City of Winter Springs,a Florida municipal corporatloa
(b) ALTA 200b LOAN POLICY Amount: N/A
(with Florida Modifications).
Proposed Insured: Premium: $
N/A
3. The estate or interest in the land described or refetred to in this Cammim►ent is Fee Simpte.
4. Title to the Fee Simp(e estate or interest in the lend is at the Effective Date vested in:
The Reserve st Tuscawilla Community Associarions,Inc.,a Fiorida non-profit corporation . ,
5. The land referred to in this Cornmitment is descn'bed as fallows:
. See Attached Legal Description
. EXHIBIT .
ALTA COMMITMENT � !'sge 1
F'ILE N0.:12079630
SCHEDULE B-SECTION I
REQUIREMENTS
Requirements:
t. Payment ofthe full consideration to,or for the account of,the grantors or mortgagors,
2. Inshwnent(s)necessary to create t�e estata or interest to be insured must bo properly executed,delivered and
duly filed far record:
� a) Warranty Deed from Tha Reserve at Tuscawilla Community Associetion,Inc.,a Florida non-profit
carporat�on,to tha City of Winter Springs,a Florida municipal corporation.
b) Evidence satisfactory to the company must be furnished showing pro�f of the legal existence of The
Rsserve st Tuscawilla Community Association,Inc.,a Florida non-profit corparation.
c) CertiScate of Approval for the conveyance of properiy from The Reserve st'ilicawilla Community
Association,Inc.,a Florida.non-profit corporation. �
NOTE: All recording references in this commitmentlpoltcy shall refer to the Public Records of Seminole
County, un(ess otherwise nated.
SC'.I�DULE B SECTION II LS CONTINUED ON AN ADDED PAGE
ALTA COMMITMENT Paee 2
r
� FII.,E NO.: 12079630
SCH�DULE B-SEG"ITON II
Schadule B nf the policy or policies to ba issued will contain exceptions to the following rnatters uniess the same are
disposed af to the satisfactian of tt�e Company:
1. Defer.ts,licns,encwnbranc�s,adverse claims or oi�.er matters,ifany c�eai�d,fffst appearing in the Pub�c Records or
attaching subsequent to t�a Effective Dats but priar to the data the proposed Ir�ured acquves for v��ue of record the i
estaGo or interest or rnortgage tttereoti covered by this Commitment� '
2, Any encroachmeut,enaurnbrancc, violation,variation,ar adverse circuamstancc affecting the Title that would be
disclased by an accurate and camplete land swvey of tha Lanc�. The term "encrc�achm�nt" includes
encroactunonts of exis�ng impravements loea#ed an the Land onto �djoining land, and encraachments on the
Land of exisEing irnprovernents located on adjoining land,
3. Rights or claims ofparties in possession.
�. Construc#ion, Mechanic's, Contractars' or Materlalmen's lien claims,if any, where no notice thereof appears of
recard.
S. Easements or claims of easements not shawn by the public records.
6. Gencral or special taxes and assessments required to be paid in ths year 2012 and subsequem years.
7. Any adverse ownership claim by fhe State of Florida by right af soveroignfiy ta any portion af the lands
insured horeunder,3ncluding submerged,�lled or artificially exposed lends and lands accreted to such lands,
S. State road right reservarions(s),if any.
9. Oil,gas and mineral right reservations,if any.
10. Any tien provided by County Ordinance or by Ch. 154,F.S.,irc favor af any city,tawn,village ar port
autharity,fur unpaid service charges for services by any water systems,sewer systenss or gas systems serving
t�e land dascribed hcrein;and any Iien fox waste fees in fevor of any cocmty ar munieipality.
I 1. All uaatters cflntained on the Plat of The Reserve at Tusaawifla Phase I,as ncorded in Plat Book 48,pages 31 to
dO,Ii1CIl143V8.
12. Gen�ral Bill af Sale mui Assigameut recarded in a.R.Baak 1952,Page 249.
I3, Final Order Approvit�g Sattlement Agreement a�d Amendment to.4nnexatian Qrdinance Na.64,Tt�;e
Tuscawiila Planned Unit Development, Master Plan faz fihe Tuscawilla Ptanned Unit Deveiopinent and
Related Matters recorded in O.R Book 2243,page 1508.
14, Ordinance Na.489 af the City of Winter Springs recorded in O,R Baok 2277,page 464.
15, Settlement Agreement and Amendment to Annexation C3rdinance iVo.64,The fiuscawil2a Planned Unit
Development, Master Plan for The'1ltscawilla Plannad Unit Development and Relatad Matters recorded in
O.R Baak 2277,page�i69.
16. DeaIar$.tion of Covenants,Canditians,Basem�n�s and Restrictions recorded`m O.R.Baok 2853,page 1U55;
Supplementai Declaration and Amendment recarded in O.R Book 2999,page I8.
17, Dactaration of Excltasive Listing and Lion Rights recorded in Q.R.Book 2855,page 197b.
18. Impact Fee Credit Agreement recorded in Q.R.Book 2427,p�ge 145T.
ALTA COMMiTi�l�'T PaEf�
.
, �
, FILE N0.:1207963Q
19. Cable Television Installation and Service Agreement racorded in O.R.Book 2989,page 736.
20. Declaration of Conservation Easement recorded in O,R Book 3223,page 363.
22. TuscawiIla Lighting and Beautification District Improvements and Maintenance Easement in favor of the City �
of Winter Springs recorded in O.R Book 4204,page 1811. �.
23. Coasent Agreement for the Reserve at 1�scawilla recorded in O.R.Book 7632,Page 1679,et seq. '
24. fiasemeat 8c Rig�tt of Entry in favor of Bright Houae Networks,L.L.C.,recorded in O.R.Book 7815,page 68.
25. Subject to a drainage easement over Retention Pond A to S�Johns River Water Management District,
pwsuant to the plat of The Reserve at Tuscawilla,Phase I,racorded in Plat Book 48,Pages 31-40,Public
Records of Seminole County,Florida.
26. Subject to the Developer's limited partners'consent regarding lot subdivision as roquired by Article 7.3 of the
Decleratian of Covenants,Conditions,Easements and Restrictions for The Reserve at'Il�scawilla,recorded in
O.R Book 2853,Page 1055,Public Records of Saminole County,Florida.
TAX INFORMATION
Parcel No.06-21-31-503-OA00-OOOU
Parcel No.06-21-31-503-OK00-0000
Parcels are tax exempt.
AI.1'A COMMITIVIENT Page 4
.
, . � FILE NO.: 12079630
EXHIBIT A
That part of:
"Tracts A and K,af The Reserve af Tuscawflla,Phase 1,according to the piat thereof,as recorded in Plat �
Book 48,Pages 31 throngh 40,I'ubl[c Recorde of Seminote County,Florida,(hereinafter the'�Property")." I
described sa follows: f
Commence at the Southeast carner of Tractf1A",The Reserve at Tuscawiila,Phase 1,accordfng to tE�e plat
thereof,as recorded fn Plat Book 48,Pages 3I through 40,inclusfve,of the Public Records of Seralaole
County,Florida;thence ran South 88°36'23"West along the Sooth line of aaid Tract"A"a distance of 154.19
feet to the Southwest corner of said Tract"A";thence departing said South[ine,rua North Ol°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-
Z517,said pofnt also being a pofnt on a non-tangent curve concave Northerly having a radius of 2988.40 feet
aad a chord bearing of South 88°15'49"East;thence departing said West line from a tangent beartng of
South 87°27'Ol"East,run Easterly along said existing Southerly right of way linc and along the arc of said
curve through a central angle of Ol°37'35"a distance of 84,83 feet for a Point of Beglnning;thence coaflnue
along sald existing Soatherly rtght of way line and the are of said curve throu�h a eentral angle of 00°32'37"a
distance of 28.36 feet to a point on the L�ast lfne of aforesaid Tract°`A";thence departing said existing
Southerly right of way[Ine and said curve,run South 01°23'37"East along said East Une a distance of 7.55
feet;theace departing said East line,run North 81°10'OZ"West a c3iatance of 20.26 feet;thence run North
b0°47'28"West a distt�nce of 9.76 feet to the Point of Beginnfng.
ALTA COMMITMENT Page S