HomeMy WebLinkAboutSt. Johns River Water Management District Owners Title Policy and Closing Statements 2010 04 13!L t:s
APR i
BROWN, GARGANESE, WEISS & D A;
'AGRE F- t�. -CLE K
Attorneys at Lase
Debra S. Babb- Nutcher° Offices in Orlando,
Joseph E. Blitch Ft. Lauderdale & Tampa
Usher L. Brown'
Suzanne D'Agresta°
Anthony A. Garganese°
William E. Reischmann, Jr.
J.W. Taylor
Jeffrey S. Weiss
Board Certified Civil Trial Lawyer
'Board Certified City, County & Local Government Law
Board Certified Appellate Practice
April 14, 2010
Andrea Lorenzo - Luaces, City Clerk
City of Winter Springs
1126 E. S.R. 434
Winter Springs, FL 32708
Tara L. Barrett
Vivian P. Cocotas
Robin Gibson Drage
Gregg A. Johnson
Kimberly R. Kopp
Katherine W. Latorre°
Bridgette M. Miller
Alfred Truesdell
Gary M. Glassman
Erin J. O'Leary'
Amy J. Pitsch
Catherine D. Reischmann°
Of Counsel
Re: St. Johns River Water Management District to City of Winter Springs "Solary
Canal"
Dear Andrea:
Enclosed for safekeeping is the original Owner's Title Policy and original Closing Statement
between St. Johns River Water Management District and the City. Please keep these documents
together with the original Quit Claim Deed that was sent to you last week.
Please give me a call if you have any questions.
Sincer ,
Anthony A. Garganese
City Attorney
AAG.jl
enclosure
111 N. Orange Ave, Suite 2000 • P.O. Box 2873 Orlando, Florida 32802 -2873
Orlando (407) 425 -9566 Fax (407) 425 -9596 • Kissimmee (321) 402 -0144 • Cocoa (866) 425 -9566 • Ft. Lauderdale (954) 670 -1979
Website: www.orlandolaw.net • Email: firm @orlandolaw.net
BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
111 N. Orange Ave., Ste. 2000
Orlando, FL 32801
CLOSING STATEMENT AND DISBURSEMENT SHEET
SELLER ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
BUYER THE CITY OF WINTER SPRINGS
PROPERTY
DESCRIPTION
CLOSING DATE
CONTRACT
PURCHASE PRICE:
Donation - no consideration
1900 DELEON STREET, WINTER SPRINGS, FL
MARCH 31, 2010
SJRWMD and CITY - CONTRACT #25463
EXPENSES:
Recording Deed
Title Search
Owner's Title Insurance Premium
Survey
TOTAL
Seller
Cash at Closing
Less: Expenses
TOTAL CASH DUE
TO SELLER:
CREDIT SELLER CREDIT BUYER
$0.00
CHARGE SELLER
RECAPITULATION
CHARGE BUYER
Buyer
$35.50
$150.00
$5,075.00
POC
$5,260.50
$0.00 Cash at Closing $0.00
$0.00 Plus Expenses $5,260.50
TOTAL CASH DUE
$0.00 FROM BUYER: $5,260.50
APPROVAL OF CLOSING STATEMENT AND DISBURSEMENT SHEET;
INSTRUCTIONS TO CLOSING AGENT
Buyer hereby acknowledges 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 Buyer understands and agrees that in the event that the actual expense is less than
the estimate, the Buyer 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 Buyer will required
to pay the actual expense over and above the estimate.
APPROVED BY BUYER:
CITY OF WINTER SPRINGS, FLORIDA
By: G-
IN SMIT , City MaAager
Date: L//' 3 / "' , 2010
Page 2 of 2
Owner's Policy
American Land Title Association Owner's Policy 10 -17 -92
with Florida modifications
Policy Number SDC- 08051352
File Number: 09124727 JAR
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the
Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A,
sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as
insured, but only to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, the said Old Republic National Title Insurance Company has caused its
corporate name and seal to be hereunto affixed by its duly authorized officers as of the date shown in Schedule A, the policy to be valid when
countersigned by an authorized officer or agent of the Company.
Issued through the Office of-
Policy Issuer:
BROWN, GARGANESE, WEISS $ D'AGRESTA, P.A.
111 N ORANGE AVENUE, #2000
ORLANDO, FL 32602.2873
PHONE: 407.425 -9588
t
CRT Form 331 - ALTA Owner's Policy 10 -17 -92
with Florida modifications
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South, Minneapolis, Minnesota 55401
(612)371 -1111
By
Attest h
President
Secretary
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 which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including, but
not limited to, building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy,
use, or enjoyment of the land; (ii) the character, dimensions or
location of any improvement now or hereafter erected on the land;
(iii) a separation in ownership or a change in the dimensions or area
of the land or any parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation of these laws,
ordinances or governmental regulations, except to the extent that a
notice of the enforcement thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above,
except to the extent that a notice of the exercise thereof or a notice
of a defect, lien or encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the public records
at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof
has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date
of Policy which would be binding on the rights of a purchaser for
value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the insured
claimant;
(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 which would not have been
sustained if the insured claimant had paid value for the estate or
interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the
insured the estate or interest insured by this policy, by reason of the
operation of federal bankruptcy, state insolvency, or similar creditors'
rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this
policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this
policy being deemed a preferential transfer except where the
preferential transfer results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for
value or a judgment or lien creditor.
CONDITIONS AND STIPULATIONS
1. Definition of Terms.
The following terms when used in this policy mean:
(a) "insured ": the insured named in Schedule A, and, subject to
any rights or defenses the Company would have had against the
named insured, those who succeed to the interest of the named
insured by operation of law as distinguished from purchase including,
but not limited to, heirs, distributees, devisees, survivors, personal
representatives, next of kin, or corporate or fiduciary successors.
(b) "insured claimant ": an insured claiming loss or damage.
(c) "knowledge" or "known actual knowledge, not
constructive knowledge or notice which may be imputed to an insured
by reason of the public records as defined in this policy or any other
records which impart constructive notice of matters affecting the land.
(d) "land ": the land described or referred to in Schedule A, and
improvements affixed thereto which by law constitute real property.
The term "land" does not include any property beyond the lines of
the area described or referred to in Schedule A, nor any
right, title, interest, estate or easement in abutting streets, roads,
avenues, alleys, lanes, ways or waterways, but nothing herein shall
modify or limit the extent to which a right of access to and from the
land is insured by this policy.
(e) "mortgage ": mortgage, deed of trust, trust deed, or other
security instrument.
(f) "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 Section 1(a)(iv) of the Exclusions from
Coverage, "public records" shall also include environmental protection
liens filed in the records of the clerk of the United States District
Court for the district in which the land is located.
(g) "unmarketability of the title ": an alleged or apparent matter
affecting the title to the land, not excluded or excepted from
coverage, which would entitle a purchaser of the estate or interest
described in Schedule A to be released from the obligation to
purchase by virtue of a contractual condition requiring the delivery of
marketable title.
2. Continuation of Insurance After Conveyance of Title.
The coverage of this policy shall continue in force as of Date of
Policy in favor of an insured only so long as the insured retains an
estate or interest in the land, or holds an indebtedness 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 covenants
of warranty made by the insured in any transfer or conveyance of the
estate or interest. 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 indebtedness 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 4(a) below, (ii) in case
knowledge shall come to an insured hereunder of any claim of title or
interest which is adverse to the title to the estate or interest, as
insured, and which might cause loss or damage for which the
Company may be liable by virtue of this policy, or (iii) if title to the
estate or interest, as insured, is rejected as unmarketable. If prompt
notice shall not be given to the Company, then as to the insured all
liability of the Company shall terminate with regard to the matter or
matters for which prompt notice is required; provided, however, that
failure to notify the Company shall in no case prejudice the rights of
any insured under this policy unless the Company shall be prejudiced
by the failure and then only to the extent of the prejudice.
4. Defense and Prosecution of Actions; Duty of Insured Claimant to
Cooperate.
(a) Upon written request by the insured and subject to the
options contained in Section 6 of these Conditions and Stipulations,
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 adverse to the title or interest as insured, but
only as to those stated causes of action alleging a defect, lien or
encumbrance or other matter 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 and 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 which allege matters
not insured against by this policy.
(b) The Company shall have the right, at its own cost, to
institute and prosecute any action or proceeding or to do any other
act which in its opinion may be necessary or desirable to establish
the title to the estate or interest, 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 hereunder, and shall not thereby concede liability or
waive any provision of this policy. If the Company shall exercise its
rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or
interposed a defense as required or permitted by the provisions of
this policy, the Company may pursue any litigation to final
determination by a court of competent jurisdiction and expressly
reserves the right, in its sole discretion, to appeal from any adverse
judgment or order.
(d) In all cases where this policy permits or requires the
Company to prosecute or provide for the defense of any action or
proceeding, the insured shall secure to the Company the right to so
prosecute or provide defense in the action or proceeding, and all
appeals therein, and permit the Company 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 any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) in any other lawful act
which in the opinion of the Company may be necessary or desirable
to establish the title to the estate or interest 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.
5. Proof of Loss or Damage.
In addition to and after the notices required under Section 3 of
these Conditions and Stipulations have been provided the Company, a
proof of loss or damage signed and sworn to by the insured claimant
shall be furnished to the Company within 90 days after the insured
claimant shall ascertain the facts giving rise to the loss or damage.
The proof of loss or damage shall describe the defect in, or lien or
encumbrance on the title, or other matter insured against by this
policy which 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. If the Company is prejudiced by the failure of the insured
claimant to provide the required proof of loss or damage, 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
proof of loss or damage.
In addition, the insured claimant may reasonably be required to
submit to examination under oath by any authorized representative of
the Company and shall produce for examination, inspection and
copying, at such reasonable times and places as may be designated
by any authorized representative of the Company, all records, books,
ledgers, checks, correspondence and memoranda, whether bearing a
date before or after Date of Policy, which 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 records, books, ledgers, checks, correspondence
and memoranda in the custody or control of a third party, which
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 other reasonably requested
information or grant permission to secure reasonably necessary
information from third parties as required in this paragraph shall
terminate any liability of the Company under this policy as to that
claim.
6. 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, which were authorized by the Company, up to
the time of payment or tender of payment and which the Company is
obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations to the insured under this policy, other than to make the
payment required, shall terminate, including any liability or obligation
to defend, prosecute, or continue any litigation, and the policy shall be
surrendered to the Company for cancellation.
(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
policy, together with any costs, attorneys' fees and expenses incurred
by the insured claimant which were authorized by the Company up to
the time of payment and which 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
which were authorized by the Company up to the time of payment
and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options
provided for in paragraphs (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.
7. Determination, Extent of Liability and Coinsurance.
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 and only to the extent herein described.
(a) The liability of the Company under this policy shall not
exceed the least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate
or interest as insured and the value of the insured estate or interest
subject to the defect, lien or encumbrance insured against by this
policy.
(b) The Company will pay only those costs, attorneys' fees and
expenses incurred in accordance with Section 4 of these Conditions and
Stipulations.
8. Apportionment.
If the land described in Schedule A consists of two or more
parcels which are not used as a single site, and a loss is established
affecting one or more of the parcels but not all, the loss shall be
computed and settled on a pro rata basis as if the amount of
insurance under this policy was divided pro rata as to the value on
Date of Policy of each separate parcel to the whole, exclusive of any
improvements made subsequent to Date of Policy, unless a liability or
value has otherwise been agreed upon as to each parcel by the
Company and the insured at the time of the issuance of this policy
and shown by an express statement or by an endorsement attached
to this policy.
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 unmarketability of title, all as
insured, in a reasonably diligent manner by any method, including
litigation and the completion of any appeals therefrom, it shall have
fully performed its obligations with respect to that matter and shall
not be liable for any loss or damage caused thereby.
(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
therefrom, adverse to the title as insured.
(c) The Company shall not be liable for loss or damage to any
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 the
insurance pro tanto.
11. Liability Non - cumulative.
It is expressly understood that the amount of insurance under
this policy shall be reduced by any amount the Company may pay
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 hereafter executed by an insured and which is a
charge or lien on the estate or interest described or referred to in
Schedule A, and the amount so paid shall be deemed a payment
under this policy to the insured owner.
12. Payment of loss.
(a) No payment shall be made without producing this policy
for endorsement of the payment unless the policy has been lost or
destroyed, in which case proof of loss or destruction shall be
furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been
definitely fixed in accordance with these Conditions and Stipulations,
the loss or damage shall be payable within 30 days thereafter.
13. Subrogation Upon Payment or Settlement.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim
under this policy, all right of subrogation shall vest in the Company
unaffected by any act of the insured claimant.
The Company shall be subrogated to and be entitled to all
rights and remedies which the insured claimant would have had
against any person or property in respect to the claim had this policy
not been issued. If requested by the Company, the insured claimant
shall transfer to the Company all rights and remedies against any
person or property necessary in order to perfect this right of
subrogation. 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 or remedies.
If a payment on account of a claim does not fully cover the loss
of the insured claimant, the Company shall be subrogated to these
rights and remedies in the proportion which the Company's payment
bears to the whole amount of the loss.
If loss should result from any act of the insured claimant, as
stated above, that act shall not void this policy, but the Company, in
that event, shall be required to pay only that part of any losses
insured against by this policy which shall exceed the amount, if any,
lost to the Company by reason of the impairment by the insured claimant
of the Company's right of subrogation.
(b) The Company's Rights Against Non - insured Obligors.
The Company's right of subrogation against non - insured obligors
shall exist and shall include, without limitation, the rights of the insured
to indemnities, guaranties, other policies of insurance or bonds,
notwithstanding any terms or conditions contained in those instruments
which provide for subrogation rights by reason of this policy.
14. Arbitration.
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. 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, any 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
hereto 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, whether or not based on
negligence, and which arises out of the status of the title to the
estate or interest covered hereby or by any action asserting such
claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made
except by a writing endorsed hereon or attached hereto signed by either
the President, a Vice President, the Secretary, an Assistant Secretary, or
Validating Officer or Authorized Signatory of the Company.
16. Severability.
In the event any provision of the policy is held invalid or
unenforceable under the applicable law, the policy shall be deemed not to
include that provision and all other provisions shall remain in full
force and effect.
17 Notices, Where Sent.
All notices required to be given the Company and any statement in
writing required to be furnished the Company shall include the number of
this policy and shall be addressed to the Company at its home office,
400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371 -1111.
y
F
SCHEDULE A
OWNER'S POLICY
SCHEDULE A
AGENT FILE NUMBER: 1193
ORT FILE NUMBER: 09124727
POLICY NUMBER: SDC- 08051352
AMOUNT: $1,000,000.00
1. Policy Date: March 31, 2010 at 12:58 p.m.
2. The Insured hereunder, in whom title to the fee simple estate is vested at the date hereof, is:
City of Winter Springs, Florida
3. The land referred to in this Policy is situated in the County of Seminole, State of Florida, and
described as follows:
See Exhibit "A"
THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED.
EXHIBIT "A"
Parcel 1:
The NW '/4 of the NW '/a of Section 3, Township 21 South, Range 31 East, Seminole County,
Florida, less the South 340 feet of the East 660 feet thereof and less the South 564.64 feet of the
west 659.60 feet thereof and less road right -of -way.
Parcel 2:
The South 564.64 feet of the West 659.60 feet of the following property:
The NW '/4 of the NW '/4 of Section 3, Township 21 South, Range 31 East, Seminole County,
Florida, Less the South 340 feet of the East 660 feet thereof and right -of -way record.
. r.
SCHEDULE B
AGENT FILE NUMBER: 1193
ORT FILE NUMBER: 09124727
POLICY NUMBER: SDC- 08051352
This policy does not insure against loss or damage by reason of the following:
1. Easements or claims of easements not shown by the public records.
2. 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.
3. State road right reservations, if any.
4. Oil, gas and mineral right reservations, if any.
5. General or special taxes and assessments required to be paid in the year 2010 and subsequent
years. Parcel ID No.: 03- 21 -31- 300 - 0080 -0000 and 03- 21 -31- 300 - 008E -0000
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. Right of way of canal or creek crossing the subject property.
8. Any encroachments depicted on the Boundary Survey prepared by Landtech Surveying & Mapping
Corporation, dated January 5, 2010.