HomeMy WebLinkAboutParker, Richard & Betena Closing Documents -2002 10 04Y
BROWN, WARD, SALZMAN & WEISS, P.A.
Attorneys at Law
Usher L. Brown •
Suzanne D'Agresta°
Anthony A. Garganese°
Gary S. Saizman°
John H. Ward •
Jeffrey S. Weiss
Offices in Orlando, Kissimmee,
Cocoa & Viera
Debra S. Babb
Jeffrey P. Buak
John U. Biedenharn, Jr.
Joseph E. Blitch
Scott D. Danahy
Jennifer A. Michael
Todd K. Norman
Vincent E. Scarlatos
'Board Certified Civil Trial Lawyer
°Board Certified Business Litigation Lawyer
'Board Certified City, County & Local Government Law
October 14, 2002
Andrea Lorenzo - Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
RE: City of Winter Springs/ Parker Property/ Our File No. 1193
Dear Andrea:
Erin J. O'Leary
Of Counsel
Enclosed please find the following original documents for the above referenced file
that are being forwarded to your office for safekeeping:
1. Purchase and Sale Agreement
2. HUD -1 Settlement Statement
3. Closing Affidavit (Buyer)
4. Non- Foreign Certification by Entity Transferor (Seller)
5. Owner's Title Insurance Policy from Attorneys' Title Insurance Fund, Inc.
6. Recorded Warranty Deed
7. Recorded Trustee's Deed - Sue S. Parker and Thomas A. Woodruff, as Co-
Trustee(s) of the Edward H. Parker Revocable Trust
8. Recorded Trustee's Deed - Richard H. Parker, Sr. and Betena L. Parker,
Trustees under the Richard H. Parker, Sr. and Betena L. Parker Charitable
Remainder Trust
9. Recorded Trustee's Deed - Gloria Jeanne Parker and Patricia J. Parker, as
Co- Trustee(s) of the Parker Family Trust
10. Recorded Trustee's Deed - Gloria Jeanne Parker and Patricia J. Parker, as
Co- Trustee(s) of the Gloria Jeanne Parker Revocable Trust
225 East Robinson Street, Suite 660 • P.O. Box 2873.Orlando, Florida 32802 -2873
Orlando (407) 425 -9566 Fax (407) 425 -9596 • Kissimmee (321) 402 -0144 • Cocoa & Viera (866) 425 -9566
Website: www.orlandolaw.net • Email: firm @orlandolaw.net
Andrea Lorenzo - Luaces, City Clerk
City of Winter Springs
October 14, 2002
Page 2
11. Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida, Access and Utility Easement, Easement No. 30232
12. Assignment of Rights of Access and Utility Easement No. 30232
13. Recertification Boundary Survey
Should you have any questions, please call.
yours,
Anthony A. Garganese
City Attorney
AAG: jf
Enclosures
225 East Robinson Street, Suite 660 - P.O. Box 2873.Orlando, Florida 32802 -2873
Orlando (407) 425 -9566 Fax (407) 425 -9598 • IGssimmee (321) 402 -0144 • Cocoa & Vera (866) 425 -9566
Website: www.oriandolaw.net • Email: firm @odandolaw.net
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (hereinafter "Agreement ") is
entered into by and between CITY OF WINTER SPRINGS, a Florida municipal
corporation, whose address is 1126 North State Road 434, Winter Springs, Fl 32708,
(hereinafter 'Buyer "), and RICHARD H. PARKER, SR. and BETENA L. PARKER,
Trustees or their successors in Trust under the Richard H. Parker, Sr. and Betena L.
Parker Charitable Remainder Unitrust dated May 24, 2001; GLORIA JEANNE
PARKER and PATRICIA J. PARKER, as Co- Trustees of the Gloria Jeanne Parker
Revocable Trust created under agreement dated October 19,1990; and EDWARD H.
PARKER and SUE S. PARKER, Co- Trustees under that unrecorded Revocable Trust
Agreement entitled Edward H. Parker Revocable Trust dated January 27, 1988 whose
address is c/o Stephen H. Price, Esq., 1420 Edgewater Drive, Orlando, FL 32804,
(hereinafter "Seller ").
WITNESSETH:
WHEREAS, Seller is the owner of an approximate 27.3 acre parcel of real property
adjacent to Central Winds Park (hereinafter "Property ") situate and being in the City of
Winter Springs, Seminole County, Florida, and legally described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
WHEREAS, Buyer desires to purchase the Property from Seller as approved by a
majority of the registered voters of the City of Winter Springs voting at the referendum
election scheduled on September 4, 2001; and
WHEREAS Seller has agreed to accept a cash sum that is less than the Fair Market
Value, as stated herein, with the express understanding that the difference in the cash sum
paid by the Buyer and the Purchase Price stated herein shall be deemed a gift and otherwise
treated as a charitable contribution in accordance with federal law and all applicable Internal
Revenue Service provisions.
NOW, THEREFORE, in consideration of the mutual covenants, representations,
warranties and agreements herein contained, and in consideration of the sums to be deposited
or paid as contemplated by this Agreement, Seller agrees to sell and Buyer agrees to buy the
Property upon the following terms and conditions:
1. PROPERTY AND APPURTENANCES The Property, as more particularly
described herein above, is vacant. The Property will be sold to Buyer by Seller together with
all tenements, hereditaments and appurtenances thereunto belonging, all of which shall be
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deemed part and parcel of the Property. Prior to closing, Seller shall remove or have
removed all personal property located on the Property including, but not limited to, any
debris, construction materials, junk, vehicles, trailers, boats, or other items abandoned or not
permanently affixed to the ground.
To the extent the same exist on the Effective Date and are transferable and without
any representation or warranty express or implied, the Property shall be deemed to include all
licenses, permits, orders, authorizations and other governmental permissions of all
governmental authorities having jurisdiction thereof (whether federal, state or local) owned or
held by Seller which appertain or relate to the Property and which are transferable or
assignable.
2. PURCHASE PRICE AND METHOD OF PAYMENT; CHARITABLE
CONTRIBUTION
The purchase price of the Property (hereinafter "Purchase Price ") shall be determined
by an appraisal, certified by a member of the American Appraisal Institute. The expense of
the appraisal shall be paid by the Seller. The Seller shall notify the Buyer of the final
appraised value within ten (10) days of receipt of the appraisal. Once determined, the
Purchase Price shall be payable as follows:
(a) Deposit (hereinafter "Deposit ") in the amount of Fifty Thousand and no /100
($50,000.00) Dollars shall be paid upon the execution hereof by Buyer, to be
held in escrow by BROWN, WARD, SALZMAN & WEISS, P.A.
(hereinafter "Escrow Agent ").
(b) The cash portion of the Purchase Price paid by Buyer shall be the amount of
Two Million Nine Hundred Thousand ($2,900,000.00) shall be paid in cash,
cashier's check, attorney's trust check drawn on a reputable financial
institution, or by wire transfer through the Federal Reserve System, at closing
as hereinafter defined.
(c) The remaining balance of the Purchase Price, as determined by the appraisal,
shall be reflected as a charitable contribution to Buyer. Buyer will execute
Internal Revenue Service Form 8283, (Noncash Charitable Contributions) to
acknowledge, as donee, the receipt of donated property and will otherwise
execute and confirm such other documents as may be reasonably required by
Seller to ratify and confirm the charitable nature of any portion of the
transaction. Buyer shall not be liable for or otherwise obligated to pay to
Seller, in cash, any portion of those amounts designated as a charitable
contribution.
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3. FINANCING: The citizens of Winter Springs have approved, by majority vote,
the purchase by referendum at the September 4, 2001 special election scheduled in Seminole
County, Florida and the subsequent funding of the Limited Ad Valorem Tax Bonds as set
forth in Resolution No. 2001 -3 0 attached hereto as Exhibit `B" and fully incorporated herein
by this reference. Buyer therefore, waives financing as a contingency to this contract and the
ultimate purchase of the subject property.
4. FEASIBILITY DETERMINATION PERIOD Buyer shall have until
December 31, 2001 to determine the feasibility of Buyer's purchase of the Property,
("Feasibility Determination Period "). During the Feasibility Determination Period, Buyer may
undertake, at Buyer's expense, such physical inspections, tests and other investigations as
may be deemed necessary by the Buyer in order for Buyer to evaluate the feasibility of the
Buyer's purchase of the Property. Such investigations to include an Environmental Audit up
to Level II if Buyer determines it necessary after having received the results of a Level 1
Environment Audit. For purposes of undertaking physical inspections, tests or investigations
of the Property, Seller hereby grants to Buyer, their agents, and professionals engaged by
Buyer, the right to enter upon the Property and any part thereof during the Feasibility
Determination Period. Said right of entry is conditioned upon (a) the Buyer giving Seller
reasonable notice, and (b) such entry being during normal business hours. The presence on
the Property of such personnel shall only be for the purpose of conducting such inspections,
tests or investigations, and no other personal activity shall be permitted.
Any alterations or changes to the Property that are a direct result of the inspecting,
testing and investigations will be repaired and replaced by Buyer if a closing does not occur.
To the extent permitted by law, Buyer shall indemnify Seller against any loss or damages to
the Property arising out, of or in connection with, any inspection, testing or investigation of
the Property by Buyer, including but not limited to, nonpayment of services rendered to or for
the benefit of Buyer or mechanics' liens or liability for damage to persons or property arising
from any activity permitted hereunder or any change in the existing condition of the Property
by Buyer or its agents, servants, employees, contractors or representatives. This
indemnification and agreement to hold harmless shall survive Closing or termination of this
Contract. Without limiting the generality of the foregoing, but in addition thereto, in the
event this Contract is terminated under circumstances which entitle Buyer to return of its
Deposit (or any portion thereof or any other monies delivered by Buyer to Seller) prior to
return of such Deposit (or any portion thereof or any other monies delivered by Buyer to
Seller), Buyer shall furnish proof reasonably acceptable to Seller (in the form of affidavits, lien
waivers or releases, paid invoices and the like) that the Property has been returned to the
condition in which they were prior to Buyer's inspections and that all Buyer's agents, servants,
employees, contractors and representatives who have entered upon the Property for the
purpose of inspection, tests or otherwise have been paid in full so that a lien could not be
validly filed against the Property. The foregoing is not intended to apply to matters created
by or resulting from acts by Seller or their agents, servants, employees, contractors and
representatives. The provisions of this numbered paragraph 4 shall survive any termination of
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this Contract. The Buyer's indemnification of the Seller will not include any loss or damage
due to pre- existing conditions, problems or deficiencies of the Property that are discovered
through the inspection, testing and investigation authorized herein.
If, after reviewing the results or reports from any of the tests or inspections described
in this paragraph the Buyer determines, in its sole discretion, that it is not feasible to purchase
the Property, then Buyer may terminate this Agreement and obtain a refund of the Deposit
(together with any interest earned thereon), the total of which shall forthwith be paid to Buyer
and the parties shall have no further liability hereunder. This provision shall not affect any
other rights of the Buyer under this Agreement including, but not limited to the right to
inspect the title of the Property. If Buyer fails to notify Seller in writing of Buyer's election to
terminate this Agreement on or before the expiration of the Feasibility Period, Buyer shall be
deemed to have elected to accept the Property in its then existing condition and will have
waived all other contingencies in this Agreement with the sole exception of Paragraph 5.
Buyer hereby unconditionally, irrevocably and absolutely assigns to Seller all of
Buyer's rights with respect to any governmental permits or approvals related to the Property,
which assignment shall become null and void and of no further force or effect upon closing,
but shall otherwise remain effective and survive any termination of this Contract. In the event
closing fails to occur for any reason whatsoever, Buyer agrees, promptly on request, to turn
over to Seller copies of all investigations performed in connection with the Property by or on
behalf of Buyer, including any survey(s) as set forth in Paragraph 7, and to return to Seller all
materials and information furnished by Seller to Buyer in connection with the transaction
contemplated by this Contract, all without charge, cost or expense to Seller, and the
provisions of this paragraph shall survive any termination of this Contract.
5. TITLE EVIDENCE At least thirty (30) days before expiration of the Feasibility
Determination Period, Seller, at Seller's expense, shall obtain a Title Insurance Commitment
(hereinafter "Commitment ") issued by Attorney's Title Insurance Fund (hereinafter
"Company ") with the fee owner's title insurance policy premium to be paid by Seller. The
Commitment shall commit the Company to issue to Buyer, upon recording of the deed
conveying title to the Property to Buyer, a fee owner's policy of title insurance, (ALTA
Owner's Policy 10- 17 -92, Florida Modified), in the amount of the Purchase Price of the
Property, subject only to those exceptions reasonably acceptable to Buyer's Counsel and the
so called standard exceptions contained in the standard ALTA Form of owner's title insurance
commitment. The Commitment shall provide that the applicable standard exceptions will be
deleted by the Company upon the furnishing of an ownership and lien affidavit in form
required by Company (and Seller agrees to furnish such Affidavit as part of the Closing).
Buyer shall have fifteen (15) days from the date of their receipt of the Commitment to
examine the same and to notify Seller in writing specifying any defects or reasonable
objections to Seller's title. Seller shall reply within ten (10) days after actual receipt ofBuyer's
written title objections, if any, stating which objections Seller will cure at or prior to Closing
and those which Seller will not cure In the event Seller elects to attempt to cure the defect,
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Seller shall have no liability or obligation in the event Seller is unsuccessful in curing same.
Moreover, Seller shall in no event be required to expend any money or institute any legal
proceedings in connection with the curing of any title defects. In the event Seller does not
cure the defect or Seller notifies Buyer in writing that the defect will not be cured, Buyer may,
within fifteen (15) days after the receipt of such notice from Seller: (1) accept title in its then
existing condition without reduction of the Purchase Price or cash to close or (2) terminate
this Contract and receive return of its Deposit. If Buyer fails to notify Seller of Buyer's
election within said fifteen (15) day time period, Buyer shall be deemed to have elected to
accept title in its then existing condition without reduction of the Purchase Price or cash to
close as provided in this paragraph.
6. RESTRICTIONS, EASEMENTS, AND LIMITATIONS The Buyer shall
take title subject to: zoning, restrictions, prohibitions and other requirements imposed by
governmental authority, restrictions and matters appearing on the plat or otherwise common
to the subdivision, public utility easements of record, taxes for the year of closing and
subsequent years.
7. SURVEY Buyer, at Buyer's expense, within the Feasibility Determination
Period, may have the Property surveyed and certified by a registered Florida surveyor. If
survey shows encroachment on the Property or that improvements located on the Property
encroach on set back lines, easements, lands of others or violate any restrictions, covenants or
applicable government regulation, the same shall constitute a title defect. Buyer shall address
such title defect, if any, in the same manner as other title defects as set forth in paragraph 4
above. The parties agree that Buyer may substitute the surveyed legal description of the
Property for the legal description contained on Exhibit "A" for closing purposes.
8. APPRAISAL Buyer, at Buyer's expense, within the Feasibility Determination
Period, may have the Property appraised by a certified registered Florida appraiser. If said
appraisal does not value the Property for at least the cash portion of the Purchase Price
($2,950,000.00), then Buyer may terminate this Agreement by notifying Seller in writing on
or before the expiration of the Feasibility Determination Period and, as long as Buyer does so,
obtain a refund of the Deposit (together with any interest earned thereon), the total of which
shall be forthwith paid to Buyer and the parties shall have no further liability hereunder.
9. SELLER REPRESENTATIONS Seller hereby represents to Buyer based
on Seller's actual knowledge, without investigation:
(a) That Seller has good, marketable, and indefeasible title to, and is in possession
of, the Property, free and clear of all liens, security interests and
encumbrances, excluding only those (i) which may be satisfied or released at
Closing, (ii) to which the Buyer's title shall be subject as otherwise provided in
this Agreement, (iii) liens for taxes not yet due and payable, and (iv)
statutory liens not yet delinquent.
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__ ..
(b) That there is no condemnation, eminent domain, zoning, or other land use
proceeding instituted, or pending on the Property.
(c) That there is ingress and egress to the Property sufficient for its current
use.
(d) That there is no litigation or proceeding pending or threatened against or
relating to the Property arising by, through or under Seller, and Seller does
not know of any basis for such action nor are there any special assessments
of any nature with respect to the Property or any portion thereof, nor has
Seller received any notice of any special assessment being contemplated.
(e) That Seller has full power and authority to enter into and perform this
Agreement in accordance with its terms, and the completion of this
transaction will not violate any law, regulation or agreement affecting
Seller.
(f) That there are no: (i) pending litigation or disputes involving the location
of the boundaries of any part of the Property; and /or (ii) physical
interruptions or obstructions to physical access to any part of the Property.
(g) That there is no hazardous waste located on or buried beneath the
Property. The term "hazardous waste" shall have the meaning ascribed by
Florida and Federal law.
Paragraph 9 shall survive the closing.
10. POSSESSION Seller shall deliver possession of the Property to Buyer at the
time of Closing.
11. CLOSING
(a) Closing Date The closing of this Agreement, and the transfer of title and
possession of the Property, shall occur on or before February 8, 2002
(hereinafter "Closing Date "), unless otherwise extended by the terms herein.
Closing shall be held in the county where the Property is located at the office
of the attorney or other closing agent designated by Seller. At Buyer's
discretion, Buyer may extend the Closing up to twenty (20) days by providing
three (3) days advance written notice to Seller
(b) Conveyance Seller shall convey to Buyer marketable title to the Property by
Statutory Warranty Deed; and transfer of licenses, permits, orders,
authorizations and other governmental permissions by Assignment to the
extent transferable without any warranties or representations express or
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implied.
(c) Documents For Closing Seller shall furnish the Closing Documents including,
but not limited to, the Deed, Bill of Sale, Assignments, Ownership and Lien
Affidavit, Certificate of Non - Foreign Status, satisfaction and release of liens
or mortgages, and Closing Statement.
(d) Allocation of Expenses Seller shall provide and pay the premium for the
owner's ALTA Owner's Policy 10 -17 -92 (Florida Modified) Title Insurance
Policy, charges for related title services including but not limited to title or
abstract charge, title examination, and settlement and closing fee, the cost of
recording corrective instruments and Florida Documentary Stamps to be
affixed to the Deed. Buyer shall pay documentary stamps and intangible tax
on any mortgage, mortgagee title insurance commitment with related fees,
recording of mortgage and any financing statements. Buyer shall pay the cost
of recording the Deed. Each party shall pay their respective attorney's fees
(e) Prorations Real property taxes, special assessments and ad valorem taxes for
the year of closing and any other pro- ratable items shall be prorated as of the
Closing Date with due allowance made for maximum allowable discount. All
real property taxes, special assessments and ad valorem taxes for prior years
shall be paid by Seller.
(f) FIRPTA Acknowledgment: At Closing, the Seller shall execute and deliver
to Buyer two (2) original counterparts of the Certification of Non - Foreign
Status in form reasonably satisfactory to Buyer. In the event (a) Seller does
not so execute and deliver to Buyer such Certification of Non - Foreign Status,
or (b) such Certification of Non - Foreign Status is not fully and properly
completed and executed as of the Closing Date, or (c) Buyer is not entitled to
rely upon such Certification, then, in any of such events, Buyer shall withhold
ten percent (10 %) of the Purchase Price and pay the withheld amount to the
Internal Revenue Service pursuant to Internal Revenue Code Section 1445.
Any amount thus withheld by Buyers shall be deemed to have been paid by
Buyer in cash at Closing as part of Buyer's obligation to pay the Purchase
Price hereunder.
(g) Ownership and Lien Affidavit Seller shall furnish to Buyer at the time of
closing an affidavit attesting to the absence, unless otherwise provided for
herein, of any Notices to Owner or Claims of Lien of potential lienors known
to Seller and further attesting to the unquestioned ownership by Seller of the
Property and further attesting that there have been no improvements to the
Property for 90 days immediately preceding the Closing Date for which
payment has not been made in full, or for which payment has not been secured
or provided for, all in form acceptable to Seller, Buyer and Company. If
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Property has been improved or repaired within 90 days at the request of and
authorization by Seller immediately preceding the Closing Date, Seller shall
deliver releases or waivers of construction liens executed by all general
contractors, subcontractors, suppliers, and materialmen in addition to Seller's
lien affidavit setting forth the names of all such general contractors,
subcontractors, suppliers and materialmen and further affirming that all
charges for improvements or repairs which could serve as a basis for a
construction lien or a claim for damages have been paid or will be paid at
closing of this Agreement.
(h) Proceeds of Sale and Closing Procedure Upon clearance of funds, the deed
of conveyance and other closing documents (hereinafter "Closing
Documents "), each duly executed, shall be delivered to the authorized agent
of Company at closing. Following examination by the agent of the public
records of Seminole County, Florida, from the effective date of the
Commitment up to Closing Date (hereinafter "Gap Period ") and delivery to
Buyer of the Commitment marked in order to show compliance with all
conditions of Closing and marked to insure the Gap Period all of which shall
occur on or before closing, the net sales proceeds shall be promptly disbursed
to Seller by Company or the authorized agent of Company at closing.
(i) Further Acts, etc. At the closing and up to thirty (30) days thereafter, Seller
and Buyer agree to execute and deliver such other and further instruments and
to take such further actions as either of them or their counsel may reasonably
request of the other in order to fully implement the terms of this Agreement
and the closing thereof as long as said request is consistent with the respective
obligations of the parties as set forth in this Agreement. This paragraph shall
survive the closing.
12. DEFAULTS
(a) Notice of Default: No default as to any provision of this Agreement
shall be claimed or charged by either party hereto against the other until notice thereof
has been given to the defaulting party in writing, and such default remains uncured for
a period of five (5) days after the defaulting party's receipt of such notice.
Notwithstanding the above, the Closing Date shall not be changed, delayed,
postponed or extended by this requirement for notice of default.
(b) Default by Buyer If Buyer defaults on its obligations to purchase
under this Agreement, without fault on the part of the Seller, Seller may terminate this
Agreement and as Seller's remedy for default, the Deposit paid to the Escrow Agent,
shall be paid over by Escrow Agent to Seller and retained by Seller as its liquidated
damages in full and final settlement of all claims Seller may have against Buyer for
breach of this Agreement. In the event that Buyer defaults, Buyer shall join with
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I-
Seller in any written request made by Seller to the Escrow Agent for payment to
Seller of the Deposit.
(c) Default by Seller If Seller defaults on its obligation to sell under this
Agreement, without fault on the part of the Buyer, Buyer may terminate this
Agreement and retain the Deposit. Further, Seller shall reimburse Buyer for all actual
costs and expenses incurred by Buyer in preparing for closing including, but not
limited to, costs associated with the Feasibility Determination Period, survey costs,
title inspection and commitment costs and appraisal fees, as its liquidated damages in
full and final settlement of all claims Buyer may have against Seller for breach of this
Agreement. In the event that Seller defaults, Seller shall join with Buyer in any
written request made by Buyer to the Escrow Agent for payment to Buyer of the
Deposit. Alternatively, Buyer may seek specific performance against Seller.
(d) Application of Deposit Upon Default In the event of a dispute
between Buyer and Seller with regard to whether or not a default has occurred by
either party, or to whom the Deposit, together with any interest thereon should be
transmitted, the Escrow Agent shall have the rights accorded it hereunder, including
the right to interplead the Deposit, together with any interest thereon, into the registry
of the Clerk of the Circuit Court of Seminole County, Florida.
13. BROKER'S COMMISSION Each party hereto represents and warrants
unto the other party hereto that there are no brokers, real estate sales persons or agent
involved with respect to the transaction contemplated herein and that there are no fees, or
commissions due as a result of their respective execution of this Agreement or which will be
due as a result of the closing as contemplated hereby by virtue of their respective acts,
inactions, conduct or otherwise. Each party hereto does hereby agree to indemnify and hold
the other harmless from any breach of their respective representations and warranties as set
forth in this Paragraph. The provisions of this Paragraph shall survive the Closing.
14. TIME OF THE ESSENCE Time, and timely performance, is ofthe essence
of this Agreement and of the covenants and provisions hereunder.
15. TIME :Time periods herein of less than 6 days shall in the computation
exclude Saturdays, Sundays and state or national legal holidays, and any time period provided
for herein which shall end on Saturday, Sunday or a legal holiday shall extend to 5:00 p.m. of
the next business day.
16. EFFECTIVE DATE AND TIME FOR ACCEPTANCE The date ofthis
Agreement ( "Effective Date ") shall be that date upon which the last one of the Buyer and
Seller has signed this Agreement.
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17. ASSIGNMENT This Agreement may not be assigned except upon the
prior written consent of Seller.
18. ESCROW AGENT BROWN, WARD, SALZMAN & WEISS, P.A., (the
"Escrow Agent "), the recipient of the Deposit hereunder, is authorized and agrees by
acceptance thereof to hold the same in escrow and to disburse it at closing in accordance with
the terms and conditions of this Agreement. In the event it is in doubt as to its duties or
liabilities under the provisions of this Agreement, the Escrow Agent may in its sole discretion,
continue to hold the monies which are the subject of the escrow until the parties mutually
agree to the disbursement thereof, or until a judgment of a court of competent jurisdiction
shall determine the rights of the parties thereto, or it may deposit all the monies then held
pursuant to this contract with the Clerk of the Circuit Court of Seminole, Florida, or such
other court having jurisdiction of the dispute, and upon notifying all parties concerned of such
action, all liability on the part of the Escrow Agent shall fully cease and terminate, except to
the extent of accounting for any monies theretofore delivered out of escrow. In the event of
any suit between Buyer and Seller wherein the Escrow Agent is made a party by virtue of
acting as such Escrow Agent hereunder, or in the event of any suit wherein Escrow Agent
interpleads the subject matter of the escrow, the Escrow Agent shall be entitled to recover a
reasonable attorney's fee and costs incurred, said fees and costs to be charged and assessed as
court costs in favor of the prevailing party. All parties agree that the Escrow Agent shall not
be liable to any party or person whomsoever for misdelivery to Buyer or Seller of monies
subject to its Escrow, unless such misdelivery be due and willful breach of this contract or
gross negligence on the part of the Escrow Agent.
19. ACCESS: Buyer reaffirms and ratifies that previous access agreement with
Sellers as more specifically set forth in the previous correspondence from Buyer dated May
20, 1993 wherein the Buyer agreed to provide Seller with access to the property in the
immediate vicinity of the existing crossing at Central Winds Park pending the receipt of
formal development plans. Nothing herein shall constitute a waiver or relinquishment by
Seller of its access agreement with Buyer. Furthermore, nothing herein shall limit or
otherwise restrict Seller from negotiating alternate access agreements or from settling that
certain litigation entitled Leiner Company etc at al v. CSX Transportation, Inc. Case
Number: 97- 1293- CA -16 -E in the Circuit Court of Seminole County, Florida. Buyer agrees
to cooperate fully with Seller as may be reasonably required to secure alternate access points,
for ingress and egress, for the property.
Seller agrees to provide Buyer with all pertinent documents concerning the access
points, and the litigation arising thereunder, during the Feasibility Determination Period set
forth in Paragraph 4. Seller also agrees to assign to Buyer at closing, any right, title interest
or claim to the access points and agrees to cooperate or otherwise assist Buyer with the
negotiation and selection of the access agreements. Although Buyer shall be given the right
to select its preferences for the physical location of the access points, Buyer shall have no
authority to act as Sellers' agent or to bind Seller prior to closing.
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20. MISCELLANEOUS
(a) Radon Gas Pursuant to Fla. Stat. Sec. 404.056(8), Radon is a
naturally occurring radioactive gas that when it has accumulated in a
building in sufficient quantities, may present health risks to persons
who are exposed to it over time. Levels of radon that exceed federal
and state guidelines have been found in building in Florida.
(b) Binding Effect: Successors and Assigns This Agreement shall be
binding upon and inure to the benefit of Seller, Buyer and their
permitted successors and assigns, if any.
(c) Captions The captions for each paragraph or sub - paragraph of this
Agreement are for convenience and reference only and in no way
define, describe, extend, or limit the scope or intent ofthis Agreement,
or the intent of any provision hereof.
(d) Severability If any provision of this Agreement, the deletion of
which would not materially adversely affect the material benefits
receivable by any party hereunder or substantially increase the burden
of any party hereto, shall be held to be invalid or unenforceable to any
extent, the same shall not affect in any respect whatsoever the validity
or enforceability of the remainder of this Agreement.
(e) Execution of Documents Each party hereto covenants and agrees
that they will at any time and from time to time do such acts and
execute, acknowledge and deliver such documents, including
corrective instruments, reasonably requested by the Company, the
parties hereto, or their counsel, necessary to carry out fully and
effectuate the purchase and sale herein contemplated and to convey
good, marketable and insurable title to the Property and all parts
thereof as long as the request is consistent with the respective
obligations of the parties as set forth in this Agreement.
(f) Counterparts This Agreement may be executed in two or more
counterparts, each of which shall be, and shall be taken to be, an
original, and all collectively deemed one instrument.
(g) Facsimile Telephonically transmitted facsimile copies of this
Agreement, and any signatures thereon, shall be considered for all
purposes as originals.
(h) Litigation and Attorney's Fees In the event it shall be necessary for
either Party to this Agreement to bring suit to enforce any provision
Page 11 of 16
hereof (before or after Closing) or for damages on account of any
breach of this Agreement, the prevailing party shall, to the extent
permitted by law, be entitled to recover from the other, in addition to
any damages or other relief granted as a result of such litigation, all
costs and expenses of such litigation and reasonable attorney's fees
(including attorney's fees and costs of appeals) as fixed by a court of
competent jurisdiction.
(i) Entire Agreement; Amendments This Agreement contains the entire
and sole understanding between the parties hereto relative to the
purchase and sale of the Property and it may only be amended or
modified by an agreement in writing executed by Buyer and Seller
with the same formalities as this Agreement.
(j) Notices All notices and correspondence shall be sent or delivered by
registered or certified mail to the parties hereto, return receipt
requested, with copies forwarded to their respective attorneys, at the
addresses set forth below or at such other addresses as the parties
hereto shall designate to each other in writing:
(i) if to Seller, to: Richard Parker and Gloria Jeanne Parker and
Edward H. Parker
C/o Stephen H.. Price, Esq.
1420 Edgewater Drive
Orlando, FL 32804
Telephone: 407 - 843 -3300
Facsimile: 407-843-6300
(ii) if to Buyer, to: Mr. Ronald W. McLemore, City Manager
City of Winter Springs
1126 East S. R. 434
Winter Springs, FL 32708
with copies to: Anthony A. Garganese, Esq., City Attorney
Brown, Ward, Salzman & Weiss, P.A.
P O Box 2873
Orlando, FL 32802 -2873
Telephone: 407-426-9566
Facsimile: 407 -425 -9596
Any notice or demand so given, delivered or made by United States
Mail shall be deemed so given, delivered or made three (3) days after
the same is deposited in the United State mail registered or certified,
return receipt requested, addressed as above provided, with postage
Page 12 of 16
thereon prepaid. Any such notice, demand or document not given,
delivered or made by registered or certified mail as aforesaid shall be
deemed to be given, delivered or made upon receipt of the same by
the party to whom the same is to be given, delivered or made.
(k) Interpretation This Agreement has been submitted to the scrutiny of
each party hereto and each party has had opportunity to have it
reviewed by legal counsel. This Agreement shall be given fair and
reasonable interpretation in accordance with the words used herein
without consideration or weight being given to its having been drafted
by either party hereto or their respective counsel.
(1) Applicable Law This Agreement is to be construed according to the
laws of the State of Florida.
(m) Non - Waiver No covenant, term, or condition, (or the breach
thereof), shall be deemed waived, except by written consent of the
party against whom the waiver is claimed. A waiver of any covenant,
term, or condition (or breach thereof) shall not be deemed to be a
waiver of any other covenant, term or condition (or breach thereof).
(n) Terminology Whenever used herein, the terms "Buyer" and "Seller"
shall be construed in the singular or plural as the context may require
or admit and shall be further construed to include the agents of the
Buyer and Seller.
(o) No Recording Neither this Agreement, nor any notice of it, shall be
recorded in any public records.
(p) Typewritten or Handwritten Provisions Typewritten or handwritten
provisions, either as additional terms and conditions or alterations to
existing terms and conditions, shall control all printed provisions in
conflict with them.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be
executed on the dates accompanied by their respective executions.
Page 13 of 16
[THIS PORTION INTENTIONALLY LEFT BLANK.]
[Signatures nett pagal
Page 14 of 16
Page 15 of 16
CITY OF WINTER SPRINGS, a
Florida municipal
corporation, Buyer
RICHARD H. PARKER, SELLER
Date:
By:
RONALD W. MCLEMORE
CITY MANAGER
Date: 0
BETENA L. PARKER, SELLER
Date:
PATRICIA J. PARKER, SELLER
Date:
t
GLO ANNE P ,
SELLS
Date:
EDWARD H. PARKS , SELLER
Date. ) d
Page 15 of 16
%�'l! /"• cy
CITY OF WINTER SPRINGS, a
Florida municipal
corporation, Buyer
RICHARD H. PARKER, SELLER
Date: �U - j 1- o l
By:
RONALD W. MCLEMORE
CITY MANAGER
Date:
'
BETENA L. PARKER, SELLER
Date: ,! L9 -1� —I
6 Y-a4)
PATRICIA J. P4AKER, SELLER
Date: L8 la J � adDl
GLORIA JEANNE PARKER,
SELLER
Date:
EDWARD H. PARKER, SELLER
Date:
Page 15 of 16
i�
.I/ VA
1i
. N
Date: /D — -;?c0
" ESCROW AGENT
av�
The undersigned hereby acknowledges the receipt of the sum of $ s-01 c m' as
the Escrowed Funds referred to in this Agreement and hereby agrees to hold and disburse
such Escrowed Funds in accordance with the terms hereof.
BROWN, WARD, SALZMAN & WEISS, P.A.
By:
Anthony A. Garganese, Esq.
Page 16 of 16
*iUD -1 , r
U.S. Department of Housing
A. Satlement Statement
and Urban Development OMB No. 2502 -0265
B. Type of Loan
3,815,000.00
1. FHA Q 2. FmHA
O 3. Conv. Unins.
6. File Number
7. Loan Number
8. Mortg. Ins. Case Num.
103. Settlement charges to borrower (Line 1400)
00 -114
403.
Q 4. VA. O 5. Conv. Ins.
404.
ID:
105.
C. NOTE:This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items
marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals.
D. NAME OF BORROWER:
City of Winter Springs, a Florida municipal corporation
Address of Borrower:
1126 North State Road 434, Winter Springs, Florida 32708
E. NAME OF SELLER:
Richard H. Parker, Sr., individually, Richard H. Parker, Sr. & Betena L. Parker, Trustees or their successor in trust under Richard H.
Parker, Sr. & Betena L. Parker Charitable Remainder Trust dated May 24, 2001; Gloria Jeanne Parker & Patricia J. Parker, Co- Trustees of
Gloria Jeanne Parker Revocable Trust created under Agreement effective 10/19/90; Gloria Jeanne Parker & Patricia J. Parker, Co- Trustees
of Parker Family Trust created under Agreement dated March 1, 1992; Sue S. Parker & Thomas A. Woodruff, C
Address of Seller:
TIN:
F. NAME OF LENDER:
409.
Address of Lender:
110.
G. PROPERTY LOCATION:
Winter Springs, Florida
H. SETTLEMENT AGENT:
Cramer, Price & de Armas, P.A. TIN: 59- 3462476
Place of Settlement:
1411 Edgewater Drive, Suite 100, Orlando, Florida 32804 Phone: 407 - 843 -3300
I. SETTLEMENT DATE:
2/28/02 DISBURSEMENT DATE: 2/28/02
J. Summary of borrower's transaction
tt
K. Summary of seller's transaction
400 Gross arriourit due to seller
101. Contract sales price
3,815,000.00
401. Contract sales price
3,815,000.00
102. Personal property
402. Personal property
103. Settlement charges to borrower (Line 1400)
87.00
403.
104.
404.
105.
405.
106. City /town taxes
406. City/town taxes
107. County taxes
407. County taxes
108. Assessments
408. Assessments
109.
409.
110.
410.
Ill.
411.
112.
412.
120. Gross amount due from borrower:
3,815,087.00
420. Gross amount due to seller:
3,815,000.00
borrower:
500. ReCILIOMIS in amount due to seller:
200. A11101-111tS paid or in behalf of
201. Deposit or earnest money
50,000.00
501. Excess deposit (see instructions)
202. Principal amount of new loan(s)
502. Settlement charges to seller (line 1400)
64,586.36
203. Existing loan(s) taken subject to
503. Existing loan(s) taken subject to
204. Principal amount of second mortgage
504. Payoff of first mortgage loan
205. Charitable Contribution - from appraisal
865,000.00
505. Payoff of second mortgage loan
206.
506. Deposits held by seller
207. Principal amt of mortgage held by seller
507. Principal amt of mortgage held by seller
208
508, Charitable Contribution - from appraisal
865,000.00
209.
509.
Adjustments for items unpaid by seller:
Adjustments for items unpaid by seller:
210. CityAown taxes
510. City/town taxes
211. County taxes from 01/01/02 to 02/28/02
13.96
511. County taxes from 01/01/02 to 02/28/02
13.96
212. Assessments
512. Assessments
213.
513.
214.
514.
215.
515.
216.
516.
217.
517.
218.
518.
219.
519.
220. Total paid by /for borrower:
915,013.96
520. Total reductions in amount due seller:
929,600.32
-
1 600. Cash at settlement tolfrom seller:
300. Cash at settlement froni/to borrower:
301. Gross amount due from borrower
3,815,087.00
601. Gross amount due to seller
3,815,000.00
(line 120)
(line 420)
302. Less amount paid by/for the borrower
(915,013.96)
602. Less total reductions in amount due seller
(929,600.32)
(line 220)
(line 520)
303. Cash ( ❑✓ From ❑ To ) Borrower:
2,900,073.04
603. Cash ( ❑? To ❑ From ) Seller:
2,885,399.68
Substitute Form 1099 Seller Statement: The information contained in blocks E, G, H, and I and on line 401 is important tax information and is being
furnished to the IRS. 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 IRS determines that it has not been reported.
Seller Instructions: If this real estate was your principal residence, file Form 2119, Sale or Exchange of Principal Residence, for any gain, with your tax
return; for other transactions, complete the applicable parts of Form 4797, Form 6262 and /or Schedule D (Form 1040).
Borrower's Initial(s):
;;�Ir Y/1;0-11-1
DoubleTime®
I t R nanortmant of Hniminn and Urhan Development
Paqe 2
L Settlement charges
700. Total Sales/Brokers Com. based on price
$3,815,000.00 @
=• POC SpIler
%=
POC
Paid from
Borrower's
Paid from
Seller's
701.
%ta
Funds at
Settlement
Funds at
Settlement
702.
% to
703. Commission paid at settlement
704.
to
pay 800 Items
SOY. Loan origination fee
% to
802. Loan discount
%to
803. Appraisal fee
to
804. Credit report
to
805. Lender's inspection fee
to
806. Mortgage insurance application fee
to
807. Assumption Fee
to
808.
to
809.
to
810.
to
811.
00 Items reqUired by lender paid in advance
901. Interest from
to
to @
s POC Seller
/day
PO
902. Mortgage insurance premium for months to
903. Hazard insurance premium for
years to
904. Flood insurance premium for
years to
1 905.
•
1000 Reserve� 1001. Hazard insurance
years to
months @
••
per month
1002. Mortgage insurance
months @
per month
1003. City property taxes
months @
per month
1004. County property taxes
months @
per month
1005. Annual assessments
months tr
per month
1006. Flood insurance
months @
per month
1007.
months @
per month
1008.
months @
per month
1009. Aggregate accounting adjustment
11 00 T i fl e c
1101. Settlement or closing fee
to Cramer, Price & de Armas, P.A.
Borrovier POC
•
300.00
1102. Abstract or title search
to Attorneys' Title Insurance Fund, Inc.
175.00
1103. Title examination
to
1104. Title insurance binder
to
1105. Document preparation
to
1106. Notary fees
to
1107. Attorney's Fees
to Cramer, Price & de Arenas, P.A.
8,550.00
(includes above item numbers:
)
1108. Title Insurance
to Cramer, Price & de Armas, P.A.
13,000.00
(includes above item numbers:
)
1109. Lender's coverage (Premium):
1110. Owner's coverage (Premium): $3,815,000.00 ($13,000.00)
1111. Endorse:
1112.
to
1113.
to
66 Gpvemment reco rding
1201. Recording fees Deed
$87.00 Mortgage(s)
Releases
87.00
1202. City/county tax/stamps Deed
Mortgage(s)
1203. State tax/stamps Deed
$26,705.00 Mortgage(s)
26,705.00
1204.
to
1205.
•0
1301. Survey
to
to
••
1302. Pest Inspection
to
1303. Appraisal
to Hastings & Spivey
7,740.00
1304. Courier/Delivery
to Cramer, Price & de Armas, P.A.
30.00
1305. Property Taxes - 2001
to Seminole County Tax Collector
86.36
1306. Attorney Fees for Easement Work
to Leffler & Associates, P.A.
8,000.00
1307.
to
1308.
to
1309.
1400 Total settlement chafqc:s
( Enter on lines 103, Section J and 502, Section K)
87.00
64,586.36
Borrower's Initial(s):
Sellees Initial(s):
�7 L
DoubleTime®
. .
HUD -1 SETTLEMENT STATEMENT ADDENDUM
File Number: 00 -114
I have carefully reviewed the HUD -1 Settlement Statement and to the best of my knowledge and belief, it Is a true
and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I
further certify that I have received a copy of the HUD -1 Settlement Statement.
Borrower(s)
City of Winter Springs
By:
Ronald L. McLemore
City Manager
%�� �
Patricia J. P r er
W ee . Par er
M
14 a A , /AM
T omas A. oodruff
Tee
Bi4ena L. Parker
Tru T :T , _Z .
Richard H. Parker, Sr.
Trustee _ /]
Richard H. Parker, Sr.
Settlement Agent
The HUD -1 Settlement Statement which I have prepared is a true and accurate account of
this transaction. I have caused or will cause the funds to be disbursed in accordance
with this statement.
Cr , rice P.A.
By: Date: Q 2
WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form.
Penalties upon conviction can include a fine and imprisonment. For details seer Title 18 U.S. Code Section 1001
and Section 1010.
DoubleTime®
(Corporate Seal)
F6.20.2002 09:40 4079436300 #3310 P.004/006
U.S. veparinnult of Houeltv
A gotdoluerntstdomart WW Urban Davolloilment OMB No. 2502-4=5
.
S. Type of Loon
I. I'm 2.Fn#iA J MonvAkdr- 41. telle "Lamm 7. l oen "M—boe 8. Moft. Ins. Caso Num.
00-114
0 4.VA 6. Cam Ins. I 1 10:
C. NOTE *This fam is lumislued to 9WO YOU 2 4 11111 a"latt Of actual ScUlIal"a coulf- Amourvis paid to and by the seVement agent are shown. Items
muted (p.0 C.r were paid outside Ove doeft they SM Shown hem for kourtnewal purpose{ and WIN not 111CLIM in 010 (OWS
D. "Ame OF BORROWER: City o[ Winter $prbw% g "dg MWkjjW COTOrgi(di
Address of Borrower. 1126 North Stern Kned 434, Winter Springs. Florida 32703
I(jd 11. Poker, Sr., Individually. It ichard I L Parker, Sr. & Bettrut L ftkcrJnLAe% u, 01vir sgg;cwuj in trust under Richad H.
E. HAM OF SMER. J'alter, Sr. & Helena L Puller Cbwk*k It—lado, T,ust dated May 24, 20111: Molls XMIK Parke r.6. Patricia J. Parker, cr rnbk= of
Ojori# Icanne Parker Rovuumbk Trust created under Al effoothv 10119M. OWN kaeac Palk" & Patricia J. Parker, t 4ruxlece
ol'Parker Tantily Trial treated under Annearneat dated Well I. IM; See 3, Parker At'llunnas A. WutWiujK C
"I IN.
Address of Seller.
F. NAME OF LENDER:
Address of Lander.
G. PROPERTY LOCATION.
IL SETTLGMENT AGM.
place of $*Wwrow&
L SETTLENENTGATE.
101
M3
Mll
107. (;"Nq a—
Ins. AININFROW
two
lie.
Ill.
Wi sprin via"
Coulter, pdw a do Anums, P.A.
1411 EdIpgagan I kk.% Suite 100. Undo. tlorldn 32
20202 DI98LMGWNT OATS: /AM
rd. —W e .a Z — t — ...
tit
UL Tod nOwIlpe at -aaaad A-@ ambn
301. Gross AMWR 411161'arn borneaer 3.N6.W.00 OOI.OrwafanOtaaauebae6ar 7,616,606.66
120) (Ift 4201
403, Loa amount paid byft de 6WRAW (916,013.08) auzL@lnllcWnducduneinv,"WAdu*2aN*r (1129441041-111)
Ohe ZINO (tate 570(
2,600,071!1 S0 3, C ( g To ❑ 1—
303. rAsh ( 0 from 0 TO ) 13OMW.
SWXKIM FOM 10" 84111IF StdIMMVt Tim Irdbavulfim contained in MOM E. G. H. and I MW on IM 401 is IMI)MUN01 I'llot WGmwdbn 31ld if bf;M
furnMW to Un IRS. N you We Mq WW 1 el u re a neg N i pa rt oo penalty or odw unction Vv* be imposed on you IF Oft Kern is required 10 be reported 'ind
the IRS doleft, 1110 Thal it hue not bead rsponed.
q h w i trug o gm Ifilll ca wall your pdlm*o ralloareop. ft Form 2110, Sale or 5whonge ol'Princ0al Residence, for law 261n, with YOUrfAx
ra for omur tallegetions, corupw do appkWe parts of Fo(M 4101, Form 0262 Rmft 801" 0 (Form 1040
401.
TIN: 59-3462476
Phone: 407443-3300
$01.1 1 bo -
to
ig■
13M.11irowlatat , 4 hoolly."M
sakes InPISKO"
DOUbleTimsO
M. A—
219.
tit
UL Tod nOwIlpe at -aaaad A-@ ambn
301. Gross AMWR 411161'arn borneaer 3.N6.W.00 OOI.OrwafanOtaaauebae6ar 7,616,606.66
120) (Ift 4201
403, Loa amount paid byft de 6WRAW (916,013.08) auzL@lnllcWnducduneinv,"WAdu*2aN*r (1129441041-111)
Ohe ZINO (tate 570(
2,600,071!1 S0 3, C ( g To ❑ 1—
303. rAsh ( 0 from 0 TO ) 13OMW.
SWXKIM FOM 10" 84111IF StdIMMVt Tim Irdbavulfim contained in MOM E. G. H. and I MW on IM 401 is IMI)MUN01 I'llot WGmwdbn 31ld if bf;M
furnMW to Un IRS. N you We Mq WW 1 el u re a neg N i pa rt oo penalty or odw unction Vv* be imposed on you IF Oft Kern is required 10 be reported 'ind
the IRS doleft, 1110 Thal it hue not bead rsponed.
q h w i trug o gm Ifilll ca wall your pdlm*o ralloareop. ft Form 2110, Sale or 5whonge ol'Princ0al Residence, for law 261n, with YOUrfAx
ra for omur tallegetions, corupw do appkWe parts of Fo(M 4101, Form 0262 Rmft 801" 0 (Form 1040
401.
TIN: 59-3462476
Phone: 407443-3300
$01.1 1 bo -
to
ig■
13M.11irowlatat , 4 hoolly."M
sakes InPISKO"
DOUbleTimsO
FEB.2e.2002 09:41 4078436300
1151 r &wn d r»rd af Hmsina aed lldlad OdYa100men1
#3310 P.0051006
Page 2
700. TW &kwt .km Cm& Wood oapnoe
-
Paid from
Solroww's
Paid from
39110rs
Funds
101.
w xM
Funds at
Settbment
at
Seldement
70). C'•IwmwlaMn pwwl st axllewwaw
. - �_
W1. Lane erllimtion r»
t0x. 1 4611 f4Or.41
1G ro
W). Appudba
M .__�.
...� -_.... ._�-
.__.
_..._._.
...�.....
1104. Crodlllolm b
WS. LeOddWe kepoadoe to
t0f. Ik.rry.i..ra wpkakw I.
101. Awwwlnw Ire.. to
Ill.
to
901. Imaosl anal ...:.. ^ -- to
90x. mm" m i.wnw2w Pa b. M wwwdl.W
90). Hod immee pa" )craw
.•.._._..
AM' _. .. _..
_ _ .......
- ..�._.
_.
.. ...-
904. Mormikralerprwwe Ar
y0sri re"
.. _ -..
9aS.
Yon b
10W. Humd
ton muttm inanw
1ee00e a . ..+•
Pm aawh
••_• .., par Ow01Y _
IOW. awPtaP�7
►OW. Crary pwgwry aau
rrwlbe /�
�•...
per ww�nW
ION. A waaarww
1000.
_
minan t)
.. 99
pw muwW
l•e mwwh
1007.
1001.
...,....
rwllOSa
moutln
per mono
pa marsh
IOTA. MPOSpleacywwlipSaM0am1
- . .
1 101 Oo0lo o.dastal a:
to 14~, 1 A do MUMS. IIA.
�--
-
lln,m
-
I IIR. Allsroee ar WlwoporA
10 AtM.XW l"dk lm r0xoe bad, IN.
175.00
110.9. TiOs.s+ wwwlim_
m
1104. Tklo lvxwxx bhkr r �
110. DK4MMPrapblMM
1106. N"Y fm
M
Ia
to
1107. Alu-ff Mr
t0 Or~,11it A dw Alnoo, I -A.
_
I otods above *0 ambcm . .
I IOL Tido rmarce
(wcbldw 66004 kea u010bas:
w Owar. Price 4: de Am m,
V
1
u oo0.00
1109- Landeek oowaW (Promhw).
1110. Oeaorsft- mwgmmia0x Ot113p100A0(Ol
1111. NH WW
Ills.
to
1301. A04ft 4fm awl
1171111
arlsww
$
170). Ckryalaly k dAmj. Doed
1209. 1kaMta ✓strips Dead
Marltop (r)
M705M 01wwMs)
26,70SA0
1206.
to
1101. Ow- _ .`.._. ..^
I vz I"lawman
lu
to
'
120). ApmW
Dal. Cmd*,MdWAY -- -- ...
1303. PIO0s11YTsea -MI
M Ibwdi"*,Sp6w
to Cr00or. Pft t do Army, PA_
Ia Wa: wn4[: awgT .sldd6wlnr•�._..............
_....._.__.��_..
7,740AO
AW
•16.36
...-
17110. AOalny Pore for Itme M Weds
to I.Mg & Aaxcid%PA
0.000.00
1309,
Ia
1.1011.
.. ••
Fatrr a Klea 103, Omiw l ssd 502, Soe0o11 K
17.00
M.516.)6
Bo7~9 InNiakey SONWs; tniNal(o):
00"Tpmp
F I M H .2002 09:41 4079436300
#3310 P.0061006
][IUD-1 SETTLEMENT STATEMENT ADDENDUM
fNe Number. 00.114
1 have carefully reviewed the HUD-1 Settlement Statement and to the beat of my knowledge and belief, It Is a true
and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I
further certify that I have received a copy of the HUD -1 Settlement Statement.
Borrower(s)
City of Winter Springs
Ronald W mcloomora
City Manager
(Corporate Seal)
Seller(s)
61eria Jeanne Parker ,.
Trustee
Patricia J. Parker
Trustee
Sue S. Parker
Trustee
Thomas A. Woodruff
Trusts*
Raton L. Parker
Trustea
Richard H. Parker, Sr.
Trustae
Richard H. Marker, Sr.
Settlement Agent
Tba HOD -1 Sottleasat Statement which I have prepared is a trua and accurate account of
this transaction. I have caused or will cause the funds to be disbursed in accordance
with this stst+eimunt•
Cramer, Price G de Azusa, P.A.
By: Date:
WARNING: it Is a orlme to knowingly make false statements to the United States on tbia or any other aknilet form.
Penallin upon conviction can include a fin* and Imprhlonmwnt For detalls see: Title 1A U.S. Code Section 1001
and Section 1010.
DoubloTknee
?FEB.20.2002 09:39 4079436300 #3310 P.002/006
M
Closing Affidavit
(Buyer)
Before me, the undersigned authority, personally appeared the undersigned ( "Affiant "), who being by me first duly sworn,
on oath, depose(s) and say(s) that:
City of Winter Springs, a Florida municipal corporation ( "Buyer'l, is purchasing the following described property
from Richard H. Porker, Sr., individually, Richard IL Parker, Sr. & BMens [.. Parker, Trustees or their successor
in trust under Richard H. Parker, Sr. & ltetens L. Parker Charitable Remainder Trust dated May 24, 2W];
Glaris Jeanne Parker & Patricia J. Parker, Co- Trustees of Gloria Jeanne Parker Revocable Trust created udder
Agreement effective 10/19190; Gloria .Jeanne Parker slit Patricia A Parker, Co-Trustees of Parker Family Trust
created under Agreement dated March 1, 1992; See S. Parker & Thomas A. Woodruff, Co-Trustee(s) of the
Rdward H. Parker Revocable Trust dated January 27,19M ( "Sc:llcr "), to wit:
Lot.% 1 and 2, Block D, of MI[TCHELL'S SURVEY OF LEVY GRANT OF LAKE JESSUP,
according to the map or plat thereof as recorded is Plat Book 1, Page 3, of the Public Records of
Seminole County, Florida and the West 1/2 of vacated street lying South of Orange Avenue and
North of railroad Right -or way, lying East of Lot 1, Block D.
2. Buyer's marital status as reflected in this affidavit and the other closing documents is true and correct. 7'he Buyer is of
legal age and has never been adiodged incompetent. There arc no matters pending against the Buyer that could give rise
to a lien that would attach to the property prior to the: recording of the interests to be insured, and Buyer has not and will
not execute any instrument (nor permit any action to be taken) that would adversely affect the title or interests to be
insured. There are no judgment% or liens against Buyer and no bankruptcy proceedings are currently pending with respect
to Buyer.
3. To the best of Buyer's knowledge, information, and belief; (a) within the past 90 days there have been n<i improvcmcnts,
alterations, or repairs to the above described property for which the costs thereof remain unpaid, and that within the past
90 days there have been no claims fine labor or material furnished for repairing or improving the same, which remain
unpaid; (b) there are no actual or potential mechanic's, materialmen's, or laborer's liens against the property; (c) there are
no tenancies, leases or other occupancies (oral or written) affecting the property: (d) no other person or entity has any
txntrAd Io purchase, option to purchase, right of first refusal, or tither potential claim of right to purchase the property.
4. Buyer knows of no violations of rutntiCipal ordieanco; pertaining to the property, or an action or proceeding relating to
the property which is pending in any court, not does the Buyer know of any judgment, tax lien, or matter of any nature
whatsoever which could create a lien or charge: upon rile property. Buyer has no knowledge of any manors that could or
does create a cloud on the title to the subject property.
5. There are no *natters pending against the Buyer that could give rise to a lien that would attach to the property to tweert the
cfPcctivc slate of commitment and the recording of the interest to be insured. Borrower has not and will not execute any
instrtumenu that would adversely nilbc:t the interest to be insured.
6. The undersigned is authorized to act on behalf of the City of Winter Springs. The purchase: dewribed hcruin is the result
of a pun 0 7 , ` on by the municipality's governing body atnhorixing a purchase of the property.
7. The undersigned acknowledges and reaffirms the respemsibimy orthe City of Winter Springs to execute after closing, any
documents, including but not limited to Form 8283 (Noncash Charitable Contributions) as may be required by Sellers for
the proper documentation of the contribution that is the subject of this transaction and more specifically set forth in the
contract for sale and purchase: and the final closing statement.
S. There are no actions or proceedings now pending in any State or Federal Court to which the Buyer is a party, including
but not limited to, proceedings: in bankruptcy, receivership or insolvency, not are there any judgments, bankruptcies, liens
or executions of any nature which eonstitatte or could constitute a charge or lien upon said property.
9. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above referenced
property and, for the purpose of inducing Cramer, Price & de Armas, P.A. and Attorneys' Title Insurance Fund, inc.
File NnmMx: 00-114 DoubleTtenee
� 09:40 4078436300 #3310 P.003/006
to issue title insurance on the subject property, with the lmowledge that said title companies are relying upon the
statcments set forth herein.
10. Buyer hereby holds Cromer, Price & de Armas, P.A. and Attorneys' Title Insurance Fund, Inc harmless and tiny
indemnities same (including but not limited to attorneys' fees, whether suit be brought or not, and at trial and all ap(x:liate
levels, and court costs and other litigation expenses) with respect to the matters set forth herein. "Affiant ", "Seller" and
"Buyer" include singular or plural m context so requires or admits. Buyer is familiar with the nature of an oath mid with
the penalties as provided by the laws of the United States and the State of Florida for falsely swraring to statements made
111 an instrument of this MUM Buyer has read, or heard read, the fill facts of this Affidavit and understands its context,
Under penalties of perjury I declare that 1 have read the forogoing Affidavit and that the facts stated in it are true.
City of Winter Springs
BY: Auto, - t.), 7" C 19-�
lsonald . McLemore,,
City Manager
(Corporate Sea[)
State of Florida
County of Seminole
The foregoing instrumew was sworn to and subscribed before me this 28"y of February, 2002 by Ronald L. McLetm u,
City Manager of City of Winter Springs, on behalf of the n st . yopersconally lutowa to me or (XJ has
produced it driver's license as identification. I
[Notary ;cal] otary Public/
ANDREA L01RENZ0- LUACES
MY COMMISSION # CC $31001 Printed Name:
EXPIRES: May 0, 2003 __.......
1400- w A tY as W#a P P,e MCS & BWdng Co. My Commission L'xplres;
- --
C1- kMAff3duvu (8u)vrf - Ilgc 2
Gild Number. 00 -114 DoubleTimse
i�
Non - Foreign Certification By Entity Transferor
(Seller's Firpta Affidavit)
Transferor: ■ Richard H. Parker, Sr. a married man
• Richard H. Parker, Sr. and Betena L. Parker, Trustees or their
successor in trust under the Richard H. Parker, Sr. and Betena
L. Parker Charitable Remainder Trust dated May 24, 2001;
• Gloria Jeanne Parker and Patricia J. Parker, as Co- Trustee(s)
of the Gloria JeanftParker Revocable Trust created under
Agreement effective 10/19/90; and
• Gloria Jeanne Parker and Patricia J. Parker, as Co- Trustee(s)
of the Parker Family Trust created under Agreement dated
March 1,1992;
• Sue S. Parker and Thomas A. Woodruff as Co- Trustee(s) of the
Edward H. Parker Revocable Trust dated 1/27/88 (unrecorded)
Transferee: City of Winter Springs, a Florida municipal corporation
Property: Winter Springs, FL
Closing Date: February 28, 2002
Before me, the undersigned authority, personally appeared the person(s) named below who, after
being duly sworn, stated as follows:
I. This certificate is to inform the transferee that withholding Federal Income Tax is not
required, upon the sale of each respective interest in the following described real
property:
Lots 1 and 2, Block D, of MITCHELL'S SURVEY OF LEVY GRANT OF
LAKE JESSUP, according to the map or plat thereof as recorded in Plat
Book 1, Page 5, of the Public Records of Seminole County, Florida and the
West 1/2 of vacated street lying South of Orange Avenue and North of
railroad Right -of Way, lying East of Lot 1, Block D.
II. The undersigned Transferors certify and declare, as to their respective interests, the
following:
A. Richard H. Parker, Sr., a married man; and Richard H. Parker, Sr. and Betena
L. Parker, Trustees or their successor in trust under the Richard H. Parker, Sr.
and Betena L. Parker Charitable Remainder Trust dated May 24, 2001; are not a
foreign corporation, partnership, trust or estate for purposes of United States income
taxation, and is not subject to the tax withholding requirements of Section 14A5 oft
Internal Revenue Code of 1954, as amended.
w''
B. Gloria Jeanne Parker and Patricia J. Parker, as Co- Trustee(s) of the Gloria Jeans.
Parker Revocable Trust created under Agreement effective 10/19/90; and Gloria
Jeanne Parker and Patricia J. Parker, as Co- Trustee(s) of the Parker Family
Trust created under Agreement dated March 1, 1992; are not a foreign
corporation, partnership, trust or estate for purposes of United States income taxation,
and is not subject to the tax withholding requirements of Section 1445 of the Internal
Revenue Code of 1954, as amended.
C. Sue S. Parker and Thomas A. Woodruff as Co- Trustee(s) of the Edward H.
Parker Revocable Trust dated 1/27/88 (unrecorded) is not a foreign corporation,
partnership, trust or estate for purposes of United States income taxation, and is not
subject to the tax withholding requirements of Section 1445 of the Internal Revenue
Code of 1954, as amended
III. Transferor's U.S. taxpayer identification number are:
a. Gloria Jeanne Parker Revocable Trust created under Agreement dated
10/19/90; Not applicable
b. Edward H. Parker Revocable Trust dated 1/27/88 (unrecorded): Not
applicable
c. Richard H. Parker, Sr. & Betena L. Parker Charitable Rem Unitrust
dated 05/24/01 ( )
d. Richard H. Parker, Sr. ( )
IV. Transferor's office address is:
c/o Stephen H. Price, Esquire
Cramer, price & de Armas, P.A.
1411 Edgewater Drive, Suite 100
Orlando, FL 32804
V. No other persons or entities have an ownership interest in the above described property.
VI. The undersigned hereby further certifies and declares:
A. We understand the purchaser of the described property intends to rely on the
foregoing representations in connection with the United States Foreign Investment in
Real Property Tax Act. (FIRPTA).
B. We understand this certification may be disclosed to the Internal Revenue Service by
the transferee and that any false statements contained in this certification may be
punished by fine, imprisonment or both.
C. We have the authority to sign this document on behalf of Transfero .
a•
Under penalties of perjury, I state that this declaration was carefully read and is true and correct.
'Gloria J ker "
Trustee - GI 'a Jean parker Revocable Trust
created un er Agreement effective 10/19/90
Trustee - 30ker Family Trust created under
Agreement dated March 1, 1992
Patricia J. Par r Patricia �JPark
Trustee - Gloria JeatWarker Revocable Trust
created under Agreement effective 10/19/90
Trustee - Parker Family Trust created under
Agreement dated March 1, 1992
M •
Richard H. Parker, Sr.
Trustee - Richard H. Parker, Sr. and Betena L.
Parker Charitable Remainder Trust dated May
24, 2001
Betena L. maker 'N —V "
Trustee - Richard H. Parker, Sr. and Betena
Parker Charitable Remainder Trust dated M
24, 2001
Richard H. Parker, Sr.
See' S. Parker
Trustee - Edward H. Parker Revocable Trust dated
1/27/88
Thomas A. Woodru Trustee - Edward H. Revocable Trust dated
1/27/88
State of Florida
County of Orange
The foregoing instrument was sworn to and subscribed before me this day of
Y" 202 by Gloria Jeanne Parker, Trustee and Patricia J. Parker, Trustee, on behalf
of the Gloria lean Parker Revocable Trust created under Agreement effective 10/19/90; and the Parker
Family Trust created under Agreement dated March 1, 1992; who [j are personally known or [X] have
produced a driver's license as identification. kNac
[Notary, Notary Public
l] Andrea T Bain
'
t *
'� ugust 172004 W Commission CCOOM4
Expires Printed Name:
•w..�" A
My Commission
Expires:
State of Florida
County of Orange
The foregoing instrument was sworn to and subscribed befor me this a� day of
'Zo02 by Sue S. Parker, Trustee and this 29` day of NFOaro
�'�-- by T mas A. Woodruff, Trustee, of the Edward H. Parker Revocable Trust dated 1/27/88 ho
[j are personally known or [X] have produced a driver's lice e as identification.
[Notary Seal] Notary Public
+ �,r•,y� Stephen H Price
* *My Commission CC88g117
B,, Expires November 30, 2003 Printed Name:
My Commission
Expires:
State of Florida
County of Orange
The foregoing instrument was sworn to and subscribed before me this day of
Zop2 by Richard H. Parker, Sr. individually and as Co- Trustee and Betena L.
Parker Co-Tristee of the Richard H. Parker, Sr. and Betena L. Parker Charitable Remainder Trust dated
May 24, 2001 who [gare personally known or [X] have produced a driver's license as identification.
[Notary Seal] ,,•'�,'�" H P �� Notary Public
19 M *My commission ccee9117
Expires November 30,1089 ,,,, Printed Name:
My Commission
Expires:
Land Iltle ASSOCIation Uwner's Policy - 10- 17 -92) (With Honda
OWNER'S TITLE INSURANCE POLICY
Attorneys' Title Insurance Fund, Inc.
ORLANDO, FLORIDA
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM
COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPU-
LATIONS, ATTORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation,
herein called The Fund, 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 Fund 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 Stipula-
tions.
In Witness Whereof, ATTORNEYS' TITLE INSURANCE FUND, INC. 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.
Attorneys' Title Insurance Fund, Inc.
SEAL ;;f
Y
Charles J. Kovaleski
President
SERIAL
OPM - _
2139138
FUND FORM OPM (rev. 3/98)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and The Fund 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 Fund, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to The Fund 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 Fund 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, or 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) all estate or interest in the land, or (ii) all
indebtedness secured by a purchase money mortgage given to the
insured.
3. Notice of Clain To Be Given by Insured Claimant
The insured shall notify The Fund 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 Fund 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 Fund, then as
to the insured all liability of The Fund shall terminate with regard to the
matter or matters for which prompt notice is required; provided,
however, that failure to notify The Fund shall in no case prejudice the
rights of any insured under this policy unless The Fund 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 Fund,
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, butonly as to those stated
causes of action alleging a defect, lien or encumbrance or other matter
insured against by this policy. The Fund 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 Fund 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 Fund 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 maybe 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 Fund 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
Fund shall exercise its rights under this paragraph, it shall do so
diligently.
(c) Whenever The Fund shall have brought an action or interposed
a defense as required or permitted by the provisions of this policy, The
Fund 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 Fund to
prosecute or provide for the defense of any action or proceeding, the
insured shall secure to The Fund the right to so prosecute or provide
defense in the action or proceeding, and all appeals therein, and
permit The Fund to use, at its option, the name of the insured for this
purpose. Whenever requested by The Fund, the insured, at The Fund's
expense, shall give The Fund 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 Fund may be
necessary or desirable to establish the title to the estate or interest as
insured. If The Fund is prejudiced by the failure of the insured to
furnish the required cooperation, The Fund'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 Fund, a proof of
loss or damage signed and sworn to by the insured claimant shall be
furnished to The Fund 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 againstby this policywhich 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 Fund is
prejudiced by the failure of the insured claimant to provide the
required proof of loss or damage, The Fund'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
Fund and shall produce for examination, inspection and copying, at
such reasonable times and places as may be designated by any autho-
rized representative of The Fund, 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 Fund, the
insured claimant shall grant its permission, in writing, for any autho-
rized representative of The Fund 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 Fund pursuant to this Section shall
not be disclosed to others unless, in the reasonable judgment of The
Fund, 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 rea-
sonably necessary information from third parties as required in this
paragraph shall terminate any liability of The Fund 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 Fund 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 Fund, up to the time
of payment or tender of payment and which The Fund is obligated to
pay.
Upon the exercise by The Fund of this option, all liability and obliga-
tions 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 Fund 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 Fund up to the
time of payment and which The Fund 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 Fund up to the time of payment and which The
Fund is obligated to pay.
Upon the exercise by The Fund of either of the options provided for in
paragraphs (b) (i) or (ii), The Fund'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 obliga-
tion 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 Fund 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
interestas insured and the value of the insured estate or interest subject
to the defect, lien or encumbrance insured against by this policy.
(b) ( Thisparagraphdealingwith Coinsurance wasremovedfromFlorida
policies.)
(c) The Fund will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipu-
lations
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 Fund 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 Fund 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 Fund
or with The Fund's consent, The Fund 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, ad-
verse to the title as insured.
(c) The Fund 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 Fund.
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 Noncumulative
It is expressly understood that the amount of insurance under this
policy shall be reduced by any amount The Fund 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 de-
stroyed, in which case proof of loss or destruction shall be furnished to
the satisfaction of The Fund.
(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 Fund's Right of Subrogation.
Whenever The Fund shall have settled and paid a claim under this
policy, all right of subrogation shall vest in The Fund unaffected by any
act of the insured claimant.
The Fund 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 Fund, the insured claimant shall transfer to
The Fund all rights and remedies against any person or property
necessary in order to perfect this right of subrogation. The insured
claimant shall permit The Fund 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 Fund shall be subrogated to these rights and
remedies in the proportion which The Fund'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 Fund, 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 Fund by
reason of the impairment by the insured claimant of The Fund's right
of subrogation.
(b) The Fund's Rights Against Non - insured Obligors.
The Fund'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, notwith-
standing 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 Insur-
ance Arbitration Rules of the American Arbitration Association may be
demanded if agreed to by both. The Fund and the insured. Arbitrable matters
may include, but are not limited to, any controversy or claim between The Fund
and the insured arising out of or relating to this policy, and service of The Fund
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 Fund upon request.
15. Liability Limited to this Policy; Policy Entire Contract
(a) This policy together with all endorsements, if any, attached
hereto by The Fund is the entire policy and contract between the
insured and The Fund. 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 negli-
gence, 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, or Agent of The Fund.
16. Severability
In the event any provision of the policy is held invalid or unenforceable
under 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 Fund and any statement in writing
required to be furnished The Fund shall include the number of this
policy and shall be addressed to The Fund at its principal office at Post
Office Box 628600, Orlando, Florida 32862 -8600.
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Attorneys' Title Insurance Fund, Inc.
OWNER'S POLICY
Schedule A
Policy No.: Effective Date:
OPM- 2139138 March 15, 2002 @ 02:11 PM
Amount of Insurance: 3,815,000.00
Name of Insured: City of Winter Springs, a Florida municipal corporation
Agent's File Reference:
00 -114
2. The estate or interest in the land described herein and which is covered by this policy is a fee simple (if other, specify
same) and is at the effective date hereof vested in the named insured as shown by instrument recorded as Document
No. 2002847450 in Official Records Book 4353, Page 1328, of the Public Records of Seminole County, Florida and as
Document No. 2002847451 in Official Records Book 4353, Page 1330, of the Public Records of Seminole County,
Florida and as Document No. 2002847452 in Official Records Book 4353, Page 1332, of the Public Records of
Seminole County, Florida and as Document No. 2002847453 in Official Records Book 4353, Page 1334, of the Public
Records of Seminole County, Florida and as Document No. 2002847454 in Official Records Book 4353, Page 1336, of
the Public Records of Seminole County, Florida.
3. The land referred to in this policy is described as follows:
Lots 1 and 2, Block D, of MITCHELL'S SURVEY OF LEVY GRANT OF LAKE JESSUP, according to
the map or plat thereof as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County,
Florida and the West 1/2 of vacated street lying South of Orange Avenue and North of railroad Right -of
Way, lying East of Lot 1, Block D.
Issuing Agent:
Cramer, Price & de Armas, P.A.
1411 Edgewater Drive Suite 100
Orlando, Florida 32804
Form OPM -SCH. A
Agent No.: 17300
Agent's Signature
Stephen H. Price
Attorney at Law
(rev. 1198)
DoubleTime®
Attorneys' Title Insurance Fund, Inc.
OWNER'S POLICY
Schedule B
Policy No.: Agent's File Reference:
OPM- 2139138 00 -114
This policy does not insure against loss or damage by reason of the following exceptions:
1. Taxes for the year of the effective date of this policy and taxes or special assessments which are not shown as existing
liens by the public records.
2. Any and all terms and conditions under that certain Access and Utility Easement (Easement Number 30232), and any
amendments or modifications thereto, that is unrecorded but currently under negotiation with the Board of Trustees of
the Internal Improvement Trust Fund of the State of Florida and Arbor Lakes Development, its agents, successors or
assigns.
Any and all terms, conditions and agreements and any and all amendments or modifications to same, arising from or
otherwise related to a negotiated or actual grant of access from the City of Winter Springs as evidenced by that certain
correspondence from the City of Winter Springs and dated May 20, 1993.
4. Ordinance recorded in O.R. Book 1640, Page 593, Public Records of Seminole County, Florida.
5. Notwithstanding the insuring provisions under item 4 of the jacket of this policy, this policy does not insure any right
of access to and from said land nor any right, title or claim that may arise from that certain Access and Utility Easement
Number 30232 recorded January 8, 2002, at O.R. Book 4274, Page 1652, of the Public Records of Seminole County,
Florida, or any assignment of said Easement.
Form OPM -SCH. B (rev. 5194)
DoubleTimee
Ial1sisiNIAMNmiNii1111inoSimla
Prepared by and return to
Stephen H. Price
Attorney at Law
Cramer, Price & de Armas, P.A.
1411 Edgewater Drive Suite 100
Orlando, FL 32804
407 -843 -3300
File Number: 00 -114
Will Call No.:
[Space Above This Line For Recording
Warranty Deed
MAVMM M W CLERK W CIRCUIT CDKW
SEMIIS]I.E COUNTY
BK 04353 PO 1328
CLERK'S * 2002847450
AECOM 03/15/2M MUM PM
DEED DOC TAIL 86, 705.00
REMIMe FEES 10.30
QED 0 L McKinley
This Warranty Deed made this 28th day of February, 2002 between Richard H. Parker, Sr., a married man whose
post office address is 3798 Kinsley Place, Winter Park, Florida 32792, grantor, and City of Winter Springs, a Florida
municipal corporation whose post office address is 1126 North State Road 434, Winter Springs, FL 32708, grantee:
(Whenever 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, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, his two -
thirds (2/3) interest in and to the following described land, situate, lying and being in Seminole County, Florida to-
wit:
AN UNDIVIDED ONE -THIRD (113) INTEREST in Lots 1 and 2, Block D, of MITCHELL'S
SURVEY OF LEVY GRANT OF LAKE JESSUP, according to the map or plat thereof as
recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida and the
West 1/2 of vacated street lying South of Orange Avenue and North of railroad Right -of Way,
lying East of Lot 1, Block D.
Parcel Identification Number: 26- 2030- 5AR -OD00 -0010
The subject property is not the homestaed of the Grantor.
Together with all the 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, 2001.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed, sealed and delivered in our presence:
FILE NUM 2002947450
OR BOOK 04353 PAGE 1329
Richard H. Parker, Sr.
X4qte--'j � � SO ,
Richard H. Parker, Sr.
State of Florida
County of A
The fo egoing instrument was acknowledged before me this day of February, 2002 by Richard H. Parker, Sr.,
who [21-kpersonally known to me or [ ] has produced a driver's li entification.
[Notary Seal] Stephen H Price NoWyJlub 1
* *My commission CC889117
Tres November 30, 2003 Printed Name:
My Commission Expires:
11 Its 11111 r. ����
Prepared by and return to
Stephen H. Price
Attorney at Law
Cramer, Price & de Armas, P.A.
1411 Edgewater Drive Suite 100
Orlando, FL 32804
407 - 843 -3300
File Number: 00 -114
Will Call No.:
[Space Above This Line For Recording
Trustee's Deed
OW ME M%E, MEW OF COMIT MW
SMINM E cmwv
BK 04353 PS 1330
CLERK'S M 2002647451
SEED 03/15/m oemsoe FN
AMMINS FEES 10.50
SEED V L ftinlny
This Trustee's Deed made this 28th day of February, 2002 between Sue S. Parker and Thomas A.
Woodruff, as Co-Trustee(s) of the Edward H. Parker Revocable Trust dated January 27, 1988
whose office address is 1490 Mizell Avenue, Winter Park, Florida 32789, grantor, and City of Winter
Springs, a Florida municipal corporation whose post office address is 1126 North State Road 434,
Winter Springs, FL 32708, grantee:
(Whenever 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, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum TEN AND N01100 DOLLARS
($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the
receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and
grantees heirs and assigns forever, its interest the following described land, situate, lying and being in
Seminole County, Florida, to -wit:
AN UNDIVIDED ONE THIRD (1/3) INTEREST IN Lots 1 and 2, Block D, of
MITCHELL'S SURVEY OF LEVY GRANT OF LAKE JESSUP, according to the
map or plat thereof as recorded in Plat Book 1, Page 5, of the Public Records of
Seminole County, Florida and the West 1/2 of vacated street lying South of Orange
Avenue and North of railroad Right -of Way, lying East of Lot 1, Block D.
Parcel Identification Number: 26- 2030- 5AR -OD00 -0010
Together with all the 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 claiming by, through or under grantors.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above
written.
�-�ssP
FILE NUM 2002847451
OR BOOK 04353 PAGE 1331
Signed, sealed and delivered in our presence:
r a. _ Mo _ ce. ��,�•a
A.
• r��
WIN I
State of Florida
County of Orange
Sue S. Parker and Thomas A. Woodruff, as Co-
Trustee(s) of the Edward H. Parker Revocable
Trust dated January 2 , 1988
S. Parker
Co- Trustee
I ( -RA WY
Thomas A. •od
Co-Trustee 1�
The foregoing instrument was acknowledged before me this day of February, 2002 by Sue S.
Parker, as Co- Trustee(s) of the Edward H. Parker Revocable Trust dated January 27, 1988 on behalf of the
trust. She (A is personally known to me or [ ] has produced a icense as identification.
[Notary Seal] Nota is
4 W� Stephan H Price
* *My commission CCes9117
/ F�fres November 30, 2003
MR
Printed Name:
My Commission
Expires:
State of Florida
County of Orange
The foregoing instrument was acknowledged before me this DO�— day of February, 2002 by
Thomas A. Woodruff, as Co- Trustee(s) of the Edward H. Parker Revocable Trust dated January
27, 1988 on behalf of the trust. He [_] is personally known to me or has produced a driver's license
as identification.
[Notary Seal] Notary is
Q ratephae H Price
** Commission CC%9117
80 nu November 30, 2003
Printed Name:
My Commission
Expires:
"ItiiiiN�fAi1f ±1 =��i " +11si!'
I�IIN�IAM� lIIN�NlNM�AMiMUIlI�N�IIIIN
Prepared by and return to
Stephen H. Price
Attorney at Law
Cramer, Price & de Armas, P.A.
411 Edgewater Drive Suite 100
rlando, FL 32804
407 -843 -3300
File Number: 00 -114
Will Call No.:
Above This Line For Recording
Trustee's Deed
MRRYfM WAIE, CLERK OF CIRCUIT COURT
SK 04353 PS 1332
CLERK'S * 2002847452
RECORDED U/15/L+OOE 0Lt1ij0E PN
RECORDING FEES 10.50
REDOROED BY L NeKinlay
This Trustee's Deed made this 28th day of February, 2002 between Richard H. Parker, Sr. and Betena L. Parker,
Trustees or their successor in trust under the Richard H. Parker, Sr. and Betena L. Parker Charitable
Remainder Trust dated May 24, 2001; whose post office address is 3798 Kinsley Place, Winter Park, Florida 32792,
grantor, and City of Winter Springs, a Florida municipal corporation whose post office address is 1126 North State
Road 434, Winter Springs, FL 32708, grantee:
(Whenever 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, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum TEN AND N01100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted, bargained, and sold to the said grantee, and grantees heirs and assigns forever, its one -third
(1/3) interest in and to the following described land, situate, lying and being in Seminole County, Florida, to -wit:
AN UNDIVIDED ONE THIRD (113) INTEREST in Lots 1 and 2, Block D, of MITCHELL'S
SURVEY OF LEVY GRANT OF LAKE JESSUP, according to the map or plat thereof as
recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida and the
West 1/2 of vacated street lying South of Orange Avenue and North of railroad Right -of Way,
lying East of Lot 1, Block D.
Parcel Identification Number: 26- 2030- 5AR -0D00 -0010
Together with all the 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 claiming by, through or under grantors.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
FILE NUM 2002847452
OR BOOK 04353 PAGE 1333
Signed, sealed and delivered in our presence:
State of Florida
County of Orange
Md
Richard H. Parker, Sr. and Betena L. Parker Charitable
Remainder Trust dated May 24, 2001
,�� //9/
Richard H. Parker, Sr.
Co- Trustee
Betena T Parker e- P-4t�-
Co- Trustee
The foregoing instrument was acknowledged before me this y of February, 2002 by Richard H. Parker, Sr. and
Betena L. Parker, Trustees or their successor in trust under the Richard H. Parker, Sr. and Betena L. Parker Charitable
Remainder Trust dated May 24, 2001; on behalf of the trust. They [are personally known to me or [ ] has produced a
driver's license as identification.
[Notary Seal] Notary Public
s �,p,,►y Stephen H Price
*K( *My Commission CC889117
'$ . /r' Expires November 30, 2008
a
Printed Name:
My Commission Expires:
(N+ = M 11111 lit 1! 4 I IN ; it
IOK � CLERK (F CIRCUIT COURT
BK 04353 PG 1334
CLERKS N 2002847453
Prepared by and return to D 03/10/M 0Etil10e pM
Stephen H. Price RECORDINB FEES 10.30
Attorney at Law RECORDED BY L McKinley
Cramer, Price & de Armas, P.A.
1411 Edgewater Drive Suite 100
Orlando, FL 32804
407 - 843 -3300
File Number: 00 -114
Will Call No.:
Above This Line For Recording Data]
Trustee's Deed
This Trustee's Deed made this 28th day of February, 2002 between Gloria Jeanne Parker and Patricia J. Parker,
as Co- Trustee(s) of the Parker Family Trust created under Agreement effective March 1, 1992 whose office
address is 4535 Whimbrel Place, Winter Park, Florida 32792 , grantor, and City of Winter Springs, a Florida
municipal corporation whose post office address is 1126 North State Road 434, Winter Springs, FL 32708, grantee:
(Whenever 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, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO /100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted, bargained, and sold to the said grantee, and grantees heirs and assigns forever, its Seventy -
Four and 855/100 percent (74.855 %) interest the following described land, situate, lying and being in Seminole
County, Florida, to -wit:
AN UNDIVIDED ONE THIRD (1/3) INTEREST IN Lots 1 and 2, Block D, of MITCHELL'S
SURVEY OF LEVY GRANT OF LAKE JESSUP, according to the map or plat thereof as
recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida and the
West 1/2 of vacated street lying South of Orange Avenue and North of railroad Right -of Way,
lying East of Lot 1, Block D.
Parcel Identification Number: 26- 2030- 5AR -OD00 -0010
Together with all the 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 claiming by, through or under grantors.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
FILE NUM 2002847453
OR BOOK 04353 PAGE 1335
i
State of Florida
County of Orange
.ar
Gloria Jeanne Parker and Patricia J. Parker, as Co-
Trustee(s) of the Parker Family Trust created under
Agreement effective 03/01/92.
Gloria Jean
Co- Trustee
Patricia J. Parker
Co- Trustee
The foregoing instrument was acknowledged before me this day of February, 2002 by Gloria Jeanne Parker
and Patricia J. Parker, as Co- Trustee(s) of the Parker Family Tr st created under Agr ement effective 03/01/92 on
behalf of the trust. They [ are personally known to me or [ ] has pro uced dr'v i ntification.
[Notary Seal] No Pu tc
Andrea T Bain
Printed Name:`
R'# ��vsksien 6fO,i704—
My Commission Expires:
irw E*resAugmt 17 20W
Signed, sealed and delivered in our presence:
w
Witness nNaamee ,. . w . w .••.
Witness Name:
0; It' 1 4 i�VtIll
MAAMK NDRSE, CLERK OF CIRCUIT MIRT
SWINDLE MLIM
SK 04353 PS 1336
CLERK'S * 2002947454
Prepared by and return to : RECORDED Q3/15/POOiE wi n e0P PN
Stephen H. Price REMINB FEES 10.50
Attorney at Law MEDAMED DY L McKinley
Cramer, Price & de Armas, P.A.
1411 Edgewater Drive Suite 100
Orlando, FL 32804
407 - 843 -3300
File Number: 00 -114
Will Call No.:
[Space Above This Line For Recording Data]
Trustee's Deed
This Trustee's Deed made this 28th day of February, 2002 between Gloria Jeanne Parker and Patricia J. Parker,
as Co- Trustee(s) of the Gloria Jeanne Parker Revocable Trust created under Agreement effective 10/19/90 whose
office address is 4535 Whimbrel Place, Winter Park, Florida 32792 , grantor, and City of Winter Springs, a Florida
municipal corporation whose post office address is 1126 North State Road 434, Winter Springs, FL 32708, grantee:
(Whenever 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, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum TEN AND N01100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted, bargained, and sold to the said grantee, and grantees heirs and assigns forever, its Twenty
Five and 145/100 percent (25.145 %) interest the following described land, situate, lying and being in Seminole
County, Florida, to -wit:
AN UNDIVIDED ONE THIRD (113) INTEREST IN Lots 1 and 2, Block D, of MITCHELL'S
SURVEY OF LEVY GRANT OF LAKE JESSUP, according to the map or plat thereof as
recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida and the
West 1/2 of vacated street lying South of Orange Avenue and North of railroad Right -of Way,
lying East of Lot 1, Block D.
Parcel Identification Number: 26- 2030- 5AR -OD00 -0010
Together with all the 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 claiming by, through or under grantors.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
E 2/1
IN
WN, IN
y 00001/
FILE NUM 2002847454
OR BOOK 04353 PAGE 1337
Signed, sealed and delivered in our presence:
Gloria Jeanne Parker and Patricia J. Parker, as Co-
Trustee(s) of the Gloria Jeanne Parker Revocable Trust
created under Agreement effective 10/19/90
Aria r.
Co- Trustee
s N e: Vy, n _ Patricia J. Parker
A � Co- Trustee
Witness
State of Florida
County of Orange
The foregoing instrument was acknowledged before me this 2- 13k k day of February, 2002 by Gloria Jeanne Parker
and Patricia J. Parker, as Co- Trustee(s) of the garia Jeanne Parker Revocable Trust created under Agreement
effective 10/19/90 on behalf of the trust. They are personall known to me or [ ], ha duced a driver's license as
identification. I II —ITV I -
` V - 1 � 14 Y n K WV 11
[Notary Seal] Notary Public
Printed Name: ^w A Wree T Bain
-*r' * m �m scion M704 ---
My Commission Expires%:T E* qugu6117 2004
A Dili I If If 1110 'it 11 IN I *
PREPARED BY AND RETURN TO:
SHU i FS & BOWEN LLP
3G;' S. OR [ GE AVENUE
U111 1000
)0 O
rLORIDA 3280
A L - G
TTN : �
MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK 04274 PG 1652
CLERK'S # 2002805874
RECORDED 01/08/5402 OW x09 AM
DEED DOC TAX 0.70
RECORDING FEES 46.30
RECORDED BY M Nolden
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
ACCESS AND UTILITY EASEMENT
Easement Number 30232
THIS INDENTURE is made and entered into this IA day of , 2001, between
the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA, acting pursuant to its authority set forth in Section 253.03, Florida Statutes,
hereinafter referred to as "GRANTOR ", and RICHARD H. PARKER; EDWARD H. PARKER
AND SUE S. PARKER, husband and wife, as Co- Trustees of the Edward H. Parker Revocable
Trust, dated January 27,1988; and GLORIA JEANNE PARKER and PATRICIA J. PARKER, as
Co- Trustees of both the Parker Family Trust effective March l', 1992, and the Gloria Jeanne Parker
Revocable Trust dated October 19, 1990, their successors and assigns, hereinafter referred to as
"GRANTEES."
WHEREAS, GRANTOR is the owner of the hereinafter described real property described
in Exhibit "A" (the Servient Tenement ") which is managed by the Florida Department of
Environmental Protection, Office of Greenways and Trails under Lease Number 4147 (Managing
Agency "); and
WHEREAS, GRANTEES desire an easement across said Servient Tenement for public and
private access and public and private utility services.
NOW THEREFORE, GRANTOR, for and in consideration of mutual covenants and
agreements hereinafter contained, has granted, and by these presents does grant unto GRANTEES,
.� . , AN r•r E r. cr ES / -1, �� Lomi l.�r� m +,.. + T +� m rwts
for the use and b of and appurtenant to the iaads of G R ANT ktilc , � e..e = =.e - -�
described in the following: a) that certain Warranty Deed dated April 6, 1965, by and between
Clifton Groves, Inc., a Florida corporation, and Edward H. Parker, Robert E. Parker and Richard H.
Parker, recorded April 7,1965, in Official Records Book 529, Page 500, Public Records of Seminole
County; b) that certain Warranty Deed dated October 19,1990, by and between Robert E. Parker and
1111111 III 111111111 It {II 11111 ii tll If 111 If
11111 Ilt 11111 IN
-I_
FILE NUM 2002805874
• OR BOOK 04274 PAGE 1653
Gloria Jeanne Parker and Patricia J. Parker as Co- Trustees, recorded October 25, 1990 in Official
Records Book 2350, Page 1013, Public Records of Seminole County; and c) that certain Warranty
Deed dated June 7, 1996, between Edward H. Parker, Trustee, and Edward H. Parker and Sue S.
Parker, as Co- Trustees, recorded August 1, 1996, in Official Records Book 3109, Page 1547, Public
Records of Seminole County, Florida, a non - exclusive easement unto GRANTEES over and across
the following described real property in Seminole County, Florida, to wit:
(See Exhibit "A" Attached)
subject to the following terms and conditions:
1. DELEGATIONS OF AUTHORITY: GRANTOR'S responsibilities and obligations
herein shall be exercised by the Division of State Lands, Department of Environmental Protection,
who by execution hereof represents to the GRANTEES the authority to enter into this Access and
Utility Easement.
2. TITLE DISCLAIMER: GRANTOR does not warrant or guarantee any title, right or
interest in or to the property described in Exhibit "A" attached hereto. In the event it is determined
that the GRANTOR does not have right, title, or interest in and to the subject property, this
Agreement shall be deemed null and void and any interest the GRANTOR may have claimed under
this Agreement shall revert and/or vest in the GRANTEE.
3. TERM: GRANTOR does hereby grant to GRANTEES an easement in perpetuity, as
long as said easement is used and maintained for public and private access and public and private
utilities.
4. USE OF PROPERTY AND UNDUE WASTE: This easement shall be limited to
public and private access and public and private utility services at no cost or expense to the
GRANTEE, upon and across the property described in Exhibit "A." GRANTOR retains the right to
engage in any activities on, over, below, or across the easement area which do not unreasonably
interfere with GRANTEES' exercise of this easement.
GRANTEES, their agents, successors, or assigns, shall not dispose of any contaminants
including, but not limited to, hazardous or toxic substances, petroleum, fuel oil, or petroleum by-
products, chemicals, or other agents produced or used in GRANTEES' operations on this easement
or in any manner not permitted by law. GRANTEES shall be liable for all costs associated with any
Page 2 of 8
Easement No. 30232
FILE NUM 2002805874
OR BOOK 04274 PAGE 1654
cleanup of the subject property which is a result of GRANTEES' operations and use of the subject
property.
5. BINDING EFFECT AND INUREMENT: This easement shall be binding on and shall
inure to the benefit of the heirs, executors, administrators, and assigns of the parties hereto.
6. INDEMNITY: GRANTEES hereby agree to indemnify, protect, defend, save and hold
harmless GRANTOR and the State of Florida from any and all claims, actions, lawsuits, and demand
of any kind or nature arising out of the use of this easement by the GRANTEES. GRANTOR hereby
agrees to indemnify, protect, defend, save and hold harmless GRANTEES from any and all claims,
actions, lawsuits, and demands of any kind or nature arising out of the use of the Servient Tenement.
7. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to
the lands underlying this easement is held by GRANTOR. GRANTEES shall not do or permit
anything to be done which purports to create a lien or encumbrance of any nature against the real
property of GRANTOR including, but not limited to, mortgages or construction liens against the real
property described in Exhibit "A" or against any interest of GRANTOR therein.
8. PARTIAL INVALIDITY: If any term, covenant, condition, or provision of this
easement shall be ruled by a court of competent jurisdiction to be invalid, void, or unenforceable,
the remainder shall remain in full force and effect and shall in no way be affected, impaired, or
invalidated.
9. ENTIRE UNDERSTANDING: This Easement Agreement sets forth the entire
understanding between the parties and shall be amended only with the written approval of both the
GRANTOR and GRANTEES.
10. TIME: Time is expressly declared to be of the essence of this easement.
11. PAYMENT OF TAXES AND ASSESSMENTS: GRANTEES use of the easement
shall be free from assessments, taxes, costs, or expenses related in anyway or in any nature to the use
of the property as Greenways and trails under Lease Number 410447 and the GRANTEE assumes
liability for every kind and all mechanic's or materialman's liens which may be hereafter lawfully
assessed and levied against said easement.
12. REVERSION: The easement(s) is subj ect to termination and reversion to GRANTOR
if this easement is not used for the purpose outlined herein as determined by a court of law.
Page 3 of 8
Easement No. 30232
FILE NUM 2002805874
OR BOOK 04274 PAGE 1655
13. RECORDING OF EASEMENT: The GRANTEES, at their own expense, shall record
this fully executed easement in its entirety in the public records of the county within which the
easement site is located within sixty (60) days after receipt, and shall provide to the GRANTOR
within ten days following the recordation a copy of the recorded easement in its entirety which O.R.
Book and Pages at which the easement is recorded.
14. GOVERNING LAW: This easement shall be governed by and interpreted according
to the laws of the State of Florida, and, as to any litigation arising from matters relating to this
easement, the venue shall be in the Eighteenth Judicial Circuit in and for Seminole County, Florida.
The prevailing party shall be entitled to reimbursement for attorneys' fees, including appellate fees
and costs.
15. SECTION CAPTIONS: Articles, subsections, and other captions contained in this
easement are for reference purposes only and are in no way intended to describe, interpret, define,
or limit the scope, extent, or intent of this easement or any provisions thereof.
16. SPECIAL CONDITIONS: The following special conditions shall apply to this
easement:
a. GRANTEES shall not construct any improvements within the easement area
described in EXHIBIT "A" which will interfere with the construction and use of the easement
area as a recreational trail.
b. GRANTEES shall be liable for any necessary repairs resulting from
GRANTEES use of said easement with the understanding that GRANTOR or any third party
to whom GRANTOR allows use of the easement shall be responsible for damage caused by
traffic and other related uses of the easement by said third parties.
Page 4of8
Easement No. 30232
FILE NUM 2002805874
OR BOOK 04274 PAGE 1656
IN WITNESS WHEREOF, the parties have caused this easement to be executed the day and
year first above written.
BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST
' ness
Print Name
Witness
Print Name
FUND OF THE STATE OF FLORIDA
B
4GREGOR�JC%�4, CHIEF
BUREAU OF P C LAND
ADMINISTRATION, DIVISION OF
STATE LANDS, DEPARTMENT OF
ENVIRONMENTAL PROTECTION
"GRANTOR"
Department o nvironme ,
of the Internal Improvement Fund. He is personally known t me o prod ed as identificatio WA
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this � day of ,
2001, by Gregory Wilson, as Chief, Bureau of Public Land Administration, Divisio4oSt Lands,
f E ; ntal Protection as agent for anon behalf of the Florida Board of Tru stees
f
(SEAL)
Approved as to Form and Legality
By: ok I
Ahu
DEP Attorney
Print r Type Notary Name:
Commission Number:
Commission Expires:
4
"" Yolonda Waters
,�r
MY COMMISSION # CC8M5 EXPIRES
August 24 2003
BONDED THRU TROY FAIN INSURANCE, INC.
Page 5 of 8
Easement No. 30232
FILE NUM 2002805874
OR BOOK 04274 PAGE 1657
1 5
Witness
� r c��-� 0tk n S
Print ame
/��
Witness /,
RICHARD H. PARKER
"GRANTEE"
ZAV +t0-&
Print Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this -29 da of November, 2001,
by Richard H. Parker. He is personally known to me or has produced l ut f 4 k as
identification. .? 1 (p --34? - 3 LS O
044 ,OE,4. o
Print Name
Witne
' 25r(— CWK
Print Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
?0 ary i O tae of Florida
✓1 e, Q e t (��s
Print/Type Notary Aame
Commission Number:
Commission Expires:
1'►"�+ June M Lopez-Tomee
* k My Commission CCO20649
$4 ' E30res March 21 2004
�/ pl-ai�
EDWARD H. PARKS , as Co- rustee
of the Edward H. Parker Revocable
Trust, dated January 27, 1988
"GRANTEE"
WoL 6l '83 � 10 y� r
ietl� NC Aw CY d
0692 =C a
�erw� rplselwl� �. o
The foregoing instrument was acknowledged before me thisd f day of November, 2001,
by Edward H. Parker, as Co- Trustee of the Edward H. Parker Revocable Trust, dated January 27,
1988. He is personally known to me or has produced X V (, t 1 CeA/Nt as identification.
Notary Pu ic, State of Florida
A- ru L )t; Air C � P- Ke
Print/Type Notary Name
� p
Commission Number:
Commission Expires: I Z o , ay
I
Page 6 of 8
Easement No. 30232
,E FILE NUM 2002805874
OR BOOK 04274 PAGE 1658
(L -1 --
Witness
C) Rv Wo tr-- . ffa=6
Print e
Witnes
�, l &SS( G4 - b& — L COV7
Print Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
SdE S. PARfCER, as Co- Trustee
of the Edward H. Parker Revocable
Trust, dated January 27, 1988
"GRANTEE"
ORY PG OFRCLAINOTARY86A�
0 B l ip CAROI.�AN CLARKE
COMMISSION NUMBER
7 O MY ISSM EXPWAN
OF F���
FEB. 19,2o06
The foregoing instrument was acknowledged before me this ;R day of November, 2001,
by Sue S. Parker, as Co- Trustee of the Edward H. Parker Revocable Trust, dated January 27, 1988.
She is personally known to me or has produced Ct DL *� tca,->t as identification.
C"'CiA At: ( "
NotarV DEblic, State of Florida
ok - �4 4L
Witness
A - V)� ca4
Print Name
Wi
Print Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
C A ro c (k
Print/Typ ot Name
Commission Number:
� c�oa�3"Zi
Commission Expires: 1 I Z 0 S
GLO PARKER, `as Co- Trustee
of both the ker Family Trust, effective
March 1, 1 92 and the Gloria Jeanne Parker
Revocable Trust, dated October 19, 1990
"GRANTEE"
The foregoing instrument was acknowledged before me this day of November, 2001,
by Gloria Jeanne Parker, as Co- Trustee of both the Parker Family Trust, effective March 1, 1992
and the Gloria Jeanne Parker Revocable Trust, dated October 19, 1990. She is personally known to
me or has produced VL W%V#o l <L"%& as identification.
'� 10 2to Z9d �} 630
tar; Pub • , Stff4f Florida
. JuLne.. �'�t . Lore Z — To e e eS
Print/Type Notary Name
e 0 June M lopez.TW"
Commission Number: * * * conls.Ian CC=6 0
F w
Commission Expires: N. � O „
Expires March 21 2004
Page 7 of 8
Easement No. 30232
Witn
Print Name
Q .1�1 61 3�21
Witness
c TFSSt 75FC CD,U77!�
Print Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
FILE NUM 2002805874
OR BOOK 04274 PAGE 1659
PATRICIA J. P R, as Co- Trustee
of both the Parker Family Trust, effective
March 1, 1992 and the Gloria Jeanne Parker
Revocable Trust, dated October 19, 1990
"GRANTEE"
Tf-
The foregoing instrument was acknowledged before me this CPq day of November, 2001,
by Patricia J. Parker, as Co- Trustee of both the Parker Family Trust, effective March 1, 1992 and
the Gloria Jeanne Parker Revocable Trust, dated October 19, 1990. She is personally known to me
or has produced C 43 L U CL--)� identification.
7 8",
DD002630 lid
�� Of f� FEB. 291 � 01 P
Notary ublic, State of Florida
C N( - O C k P—o,r , C Ke--
Print/TypgNotary Name
Commission Number:
Commission Expires:
Consented to by the State of Florida Department of Environmental Protection, Office of Greenways
and Trails on the 1 - 5 441 day of November, 2001.
RIJE
Name: Jena Brooks
Title: Director
ORLDOCS 10096525.1 MLG
"MANAGING AGENCY"
Page 8 of 8
Easement No. 30232
,r:'
7 ro
SKETCH OF DESCRIPUMU
PARCEL A PAGE 1660
DESCRIPTION:
Commence at the Southwest corner of Lot 7, Block "D', D. R.
MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP,
according to the plat thereof as recorded in Plat Book 1, Page 5 of the Public
Records of Seminole County, Florida; thence run S 06'0657" E for a
distance of 5.00 feet to a point on the North Right —of —Way line of the CSXT
Railroad as shown on the right —of —way and tract mop, Lake Charm Branch,
Sheet No. V 3D FLA 3, dated June 30, 1917; thence run N 83 53'03" E
along said North Right —of —Way line for a distance of 2519.35 feet to the
POINT OF BEGINNING; thence continue N 8353'03" E along said North
Right —of —Way line for a distance of 136.00 feet; thence run S 06'06'57" E
for a distance of 40.00 feet to a point on the South Right —of —Way line of said
CSXT Railroad; thence run S 8353'03" W along said South Right —of —Way
line for a distance of 136.00 feet; thence run N 06 W for a distance of
40.00 feet to the POINT OF BEGINNING.
Lying in Section 36, Township 20 South, Range 30 East.
Containing 0.,125 acres (5,440 square feet) more or less and being subject to
any rights —of —way, restrictions and easements of record.
mo
SECTION 35 -20 -30 SECTION 36 -20 -30 •h
-cc) Aa, I LOT �.
� -+ � � BLOCK D
MITCHELL'S SURVEY OF
Qz n c I PLAT OF D.R. JESSUP
r r THE LEVY GRAN ON LAKE
V; (pe I. PG 5)
CHASE AND COMPANYS I LOT 3 I
SUBDIVISION OF WAGNER I u,
(PB 6, PC 64) I I POINT OF 8E GINNING
I ° LINE CSXT RAILROAD PER
RAW AND TRACK MEET N LAK
V
I S LINE. LOT 7 I CHARM B3 RANCH SHEET
6 �30�1917
S06'O6'57 "E 30 FLA '
5.00 N83'5 3'03 "E 136.00 — to
0
�rn
N83.53'03 E 2519.3 O LA
PARCEL $'Arr •.1
RAILROAD _ m
C.S.X N os•os'S� "W
40. S83'53103 "IN 136.00'
M
_ T OF COMMENCEMENT STATE ROAD 434
POIN
7 BLOCK "D"
SW CORNER LOT
SECTION 35 - 20 - 30 SECTION 36 - 20 - 30
LEGEND:
S LINE CSXT RAILROAD PER
R/W AND TRACK MAP, LAKE
CHARM BRANCH SHEET No. V
30 FLA 3, DATED 613011917
SURVEYORS NOTES: T py
ORIGINAL RAISE DSEAL OSIG NATURE L� AND
AL cENS4EG1BILITY UNSATISFAC�I,Q;lif�
SURVEYOR AND MAPPER.
- THIS IS NOT A SURVEY, FOR SCANNING
- BEARINGS BASED ON THE S LINE OF LOT 7 '
PLAT OF D.R. MITCHELL'S SURVEY OF THE LEVY
GRANT ON LAKE JESSUP RECORDED IN PLAT BOOK 1
PAGE 5, SEMINGLE COUNTY, FLORIDA AS BEING N83 'J3'03 E
- No title opinion or abstract of matters affecting title or boundary to the
subject property or those ol" adjoining land owners hove been provided.
It is possible there are deeds of record, unrecorded deeds or other
instruments which could affect the boundaries or use of the subject
properly.
PB - PLAT BOOK
PC - PAGE
RA - RAILROAD
R/W- RIGHT -OF -WAY
1 hereby certify that this sketch, subject to the surveyor's
notes contained hereon, meets the applicable "Minimum
Technical Standards set forth by the Florida Board of
Professional Surveyors and Mappers in Chapter 61677 -6,
Florido Administrative Code, pursuant to Section 472.027,
Florida Statutes.
DONALD W. McINTOSH ASSOCIATES, INC.
Jim W ee
Flor da gistered Surveyor and Mapper
Certificate No. 5359
NOT VAUD UNLESS SEALED 4'dTH AN
EMBOSSED SEAL
PREPARED FOR:
LEFFLER & ASSOCIATES, P.A.
ACCESS EASEMENT ACROSS C.S.X. T. RAILROAD (PARKER TRACT) DATE BY DESCRIPTION
PARCEL A AT LOT 2 BLOCK "0" PLAT BOOK 1, PAGE 5 REVISIONS
IWAI DONALD W. McINTOSH ASSOCIATES, INC. I A BOOK PG
ENGINEERS PLANNERS SURVEYORS
2200 PARK AVENUE NORTH, - WINTER PARK, FLORIDA 32789 (407) 644 -4068 SURVEY
-- - .....
DRAWN BY: JIMMY CHECKED BY: JIMM JOB NO. SCALE SHEET 1 FOUN
DATE: 12/18/98 I DATE 12/18/98 96211.0005 1 "-50' OF I
Page 1 of Z CS 1 98 -530
Easement No. 30232 •
a
PARCEL 8 SKETCH OF ' DESCRPW0 eh2 PAGE 1661
DESCRIPTION:
Commence at the Southwest corner of Lot 7, Block "D", D. R.
Ml TCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP,
according to the plat thereof as recorded in Plat Book 1, Page 5 of the Public
Records of Seminole County, Florida; thence run S 06'06'57" E for a
distance of 5.00 feet to a point on the North Right —of —Way line of the CSXT
Railroad as shown on the right —of —way and tract map, Lake Charm Branch,
Sheet No. V 3D FLA 3, doted June 30, 1917; thence run N 83 53'03" E
along said North Right —of —Way line for o distance of 3724.85 feet to the
POINT OF BEGINNING; said point also being the point of curvature of a
curve concave Southeasterly having a radius of 974.93 feet; thence run
Easterly along said North Right —of —Way line and along the orc of said curve
through a central ongle of 08'00'36" for a distance of 136.30 feet to a point
of non — tangency, thence run S 015339" W for a distance of 40.00 feet to a
point on the South Right— of —Woy line of said CSXT Railroad, said point also
being on a non — tangent curve concave Southeasterly having a radius of
a ll 934.93 feet and a chord beoring of S 875321" W; thence run Westerly
along said South Right —of —Way line and along the orc of said curve through a
central angle of 08'00'36" for a distance of 130.70 feet to o point of non —
tongency, thence run N 06 06'57" W for a distance of 40.00 feet to the
POINT OF BEGINNING.
Lying in Section 36, Township 20 South, Range 30 East.
Containing 0.123 acres (5,340 square feet) more or less and being subject to
any rights —of —way, restrictions and easements of record.
SECTION 36 -20 -30 LOT 1
N83'53'03 "E 3724.85'
C.S.X•T RAILROAD
N06'06 57 " W
40.00' _
NT
BLOCK "
PLAT OF D.R. MITCHELL'S SURVEY
°F r —� ►
THE LEVY GRANT ON LAKE
(Ps I. PC 5) ` OZ
GINNING
OF BE
POINT > >� ` -
R^y AND TRACKLMAP, LAKE
CHARM OR SHEE3T No.
30 FLA 3, DATED 6/ /
PC � NT
L =136.30' 6= 08'00'36" R =974.93' 3
PARCEL "B"
CB =587'53'21 "W 6= 08'00'36"
L =130.70' R= 934.93 NT
POINT OF COMMENCEME ST ATE ROAD 434
SW CORNER LOT 7 BLOCK '0 LEGEND:
I PB — PLAT BOOK
PC — PACE
RA — RAILROAD
R/W— RIGHT —OF —WAY
PC — POINT OF CURVATURE
NT — NON — TANGENT
SURVEYORS NOTES.
NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER
—THIS IS NOT A SURVEY. .LEGIBILITY UNSATISF
— BEARINGS BASED ON THE S LINE OF LOT 7 FOR SCANNING`
PLAT OF D.R. MITCHELL'S SURVEY OF THE LEVY
GRANT ON LAKE JESSUP RECORDED IN PLAT BOOK 1
PAGE 5, SEMINOLE COUNTY, FLORIDA AS BEING N8J *5J'03'E
— No title opinion or abstract of matters affecting title or boundary to the
subject property or those of adjoining land owners have been provided.
It is possible there are deeds of record, unrecorded deeds or other
instruments which could affect the boundaries or use of the subject
property.
PREPARED FOR:
LEFFLER & ASSOCIATES, P.A.
ACCESS EASEMENT ACROSS C.S X. T. RAILROAD (PARKER TRACT)
PARCEL 8 AT LOT 1 BLOCK `D' PLAT BOOK 1. PAGE 5
S LINE CSXT RAILROAD PER
R/W AND TRACK MAP, LAKE
CHARM BRANCH SHEET No. V
JD FLA J, DATED 613011917
I hereby certify that this sketch, subject to the surveyor's
notes contained hereon, meets the applicable "Minimum
Technical Standards" set forth by the Florida Beard of
Professional Surveyors and Mappers In Chapter 61G17 -6,
Florida Administrative Code, pursuant to .section 472,027,
Florida Statutes.
DONALD W. MclNTOSH ASSOCIATES, INC.
J my wlace
orld e9istered Surveyor and Mapper
Certificate No. 5359
NOT VAUD UNLESS SEALED WITH AN
EMBOSSED SEAL
1 DATE I BY I DESCRIPTION
REVISIONS 1
ILIA, DONALD W. McINTOSH ASSOCIATES I N C.
1 ENGINEERS PLANNERS SURVEYORS
2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644 -4068
1
DRAWN BY. JIMMY CHECKED BY: .NMM JOB NO. SCALE SHEET
1
DATE: 1 ?/18/98 DATE: 12/18198 98211.0005 1 "_50' OF 1
FYUTRTT IVAI►
FIEt'6,-BOOK PG
SURVEY
FOUNDA3
Page ,,Iof ,Z CS b 4 98 -530
Easemmit No. 30232 �
m�
SECTION 35 -20 -30
A �
Z-_ O
LOT D"
u. z d v
CHASE AND COMPANYS
SUBDIVISION
OF WAGNER
(PB 6, PC 64)
rn
I
AA
i�
I
S06 06'57 "E
/ 5.00'
SECTION 36 -20 -30 LOT 1
N83'53'03 "E 3724.85'
C.S.X•T RAILROAD
N06'06 57 " W
40.00' _
NT
BLOCK "
PLAT OF D.R. MITCHELL'S SURVEY
°F r —� ►
THE LEVY GRANT ON LAKE
(Ps I. PC 5) ` OZ
GINNING
OF BE
POINT > >� ` -
R^y AND TRACKLMAP, LAKE
CHARM OR SHEE3T No.
30 FLA 3, DATED 6/ /
PC � NT
L =136.30' 6= 08'00'36" R =974.93' 3
PARCEL "B"
CB =587'53'21 "W 6= 08'00'36"
L =130.70' R= 934.93 NT
POINT OF COMMENCEME ST ATE ROAD 434
SW CORNER LOT 7 BLOCK '0 LEGEND:
I PB — PLAT BOOK
PC — PACE
RA — RAILROAD
R/W— RIGHT —OF —WAY
PC — POINT OF CURVATURE
NT — NON — TANGENT
SURVEYORS NOTES.
NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER
—THIS IS NOT A SURVEY. .LEGIBILITY UNSATISF
— BEARINGS BASED ON THE S LINE OF LOT 7 FOR SCANNING`
PLAT OF D.R. MITCHELL'S SURVEY OF THE LEVY
GRANT ON LAKE JESSUP RECORDED IN PLAT BOOK 1
PAGE 5, SEMINOLE COUNTY, FLORIDA AS BEING N8J *5J'03'E
— No title opinion or abstract of matters affecting title or boundary to the
subject property or those of adjoining land owners have been provided.
It is possible there are deeds of record, unrecorded deeds or other
instruments which could affect the boundaries or use of the subject
property.
PREPARED FOR:
LEFFLER & ASSOCIATES, P.A.
ACCESS EASEMENT ACROSS C.S X. T. RAILROAD (PARKER TRACT)
PARCEL 8 AT LOT 1 BLOCK `D' PLAT BOOK 1. PAGE 5
S LINE CSXT RAILROAD PER
R/W AND TRACK MAP, LAKE
CHARM BRANCH SHEET No. V
JD FLA J, DATED 613011917
I hereby certify that this sketch, subject to the surveyor's
notes contained hereon, meets the applicable "Minimum
Technical Standards" set forth by the Florida Beard of
Professional Surveyors and Mappers In Chapter 61G17 -6,
Florida Administrative Code, pursuant to .section 472,027,
Florida Statutes.
DONALD W. MclNTOSH ASSOCIATES, INC.
J my wlace
orld e9istered Surveyor and Mapper
Certificate No. 5359
NOT VAUD UNLESS SEALED WITH AN
EMBOSSED SEAL
1 DATE I BY I DESCRIPTION
REVISIONS 1
ILIA, DONALD W. McINTOSH ASSOCIATES I N C.
1 ENGINEERS PLANNERS SURVEYORS
2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644 -4068
1
DRAWN BY. JIMMY CHECKED BY: .NMM JOB NO. SCALE SHEET
1
DATE: 1 ?/18/98 DATE: 12/18198 98211.0005 1 "_50' OF 1
FYUTRTT IVAI►
FIEt'6,-BOOK PG
SURVEY
FOUNDA3
Page ,,Iof ,Z CS b 4 98 -530
Easemmit No. 30232 �
(� I�rr�wv� / GJc� �� S�(tv►1� r weisS r�
)4 7 3
Yrgpared by and return to
Stephen H. Price
Attorney at Law
Cramer, Price & de Armas, P.A.
1411 Edgewater Drive Suite 100
Orlando, FL 32804
407 - 843 -3300
File Number: 00 -114
Will Call No.:
MARYMNE MORSE, CLERK OF CIRCUIT COURT
3 SEMINOLE COUNTY
SK 04522 PG 1814
CLERKS # 2002940344
RECORDED 09/16/2002 02:30:22 RM
RECORDING FEES 15.00
RECORDED BY G Harford
[Space Above This Line For Recording Data
Assignment of Rights
Knox all men by these presep..ts, that Richard H. Parker, Sr., individually, Richard H.
Parker, Sr. & Betena L. Parker, Trustees or their successor in trust under Richard H.
Parker, Sr. & Betena L. Parker Charitable Remainder Trust dated May 24, 2001; Gloria
Jeanne Parker & Patricia J. Parker, Co- Trustees of Gloria Jeanne Parker Revocable Trust
created under Agreement effective 10/19/90; Gloria Jeanne Parker & Patricia J. Parker, Co-
Trustees of Parker Family Trust created under Agreement dated March 1, 1992; Sue S.
Parker & Thomas A. Woodruff, Co- Trustees of the Edward H. Parker Revocable Trust
dated January 27, 1988 ( "ASSIGNOR "), in consideration of the sum of ten dollars ($10.00) and
other good and valuable consideration paid to ASSIGNOR by City of Winter Springs, a Florida
municipal corporation ( "ASSIGNEE "), receipt and sufficiency of which is hereby
acknowledged, hereby sets over, conveys, assigns and transfers forever to ASSIGNEE any and all
right, title or interest in that certain Access and Utility Easement Number 30232 as recorded at
O.R. Book 4274, Page 1652, of the Public Records of Seminole County, Florida.
"ASSIGNOR" and "ASSIGNEE" shall be used for singular or plural, natural or artificial, which terms shall include
the heirs, legal representatives, successors and assigns of ASSIGNOR and ASSIGNEE whenever the context so
requires or admits.
Dated: February 28, 2002
Signed, sealed and delivered in our presence:
W Zis�ss' a in e:=77
r� ��
70l
p_ & g.
W4itnss Naw ..
r
,Lj V/
chard H. Parker, Sr.
individually and as Trustee
A,,)�.
7
Betena . ark r
Trnctee
1t
Witne Name: R.oB r- - ( 2 - T' , AU.�1✓
Witness Name: 14 4.
Witness Name:
e
/i o:
Witness Name:
FILE NUM 2002940344
OR BOOK 04522 PAGE 18151
Patricia J. Parker
Trustee
Sue, .. Parker
Trustee
Thomas A. Woodrun
Trustee
r"�'�.
State of Florida
County of Orange
The foregoing instrument was sworn to and subscribed before me this N & day of by Richar
H. Parker, Sr., individually and as trustee and Betena L. Parker, as trustee, who a p,onallvmawn or ave
produced a driver's license as identification.
4&Z d e
[Notary Seal] Notary Pub4fc
%c�sMM
Printed Name:
* 6 *My Conwnlglor► CC855543 My Commission Expires: &
E)OM Judy 15.2003
State of Florida
County of Orange
The foregoing instrument was acknowledged before me this =: day of . by Gloria Jeanne
Parker, Trustee and Patricia J. Parker, Trustee, who Hare ersonall kno or [X] have produced a driver's license as
identification. n
[Notary Seal]
� Go s Assn
* * M y C0M nds M CC865M3
V V Expk,, ,ma 15.2003
Notary Public �+
Printed Name:
My Commission Expires: oG QQ�
FILE NUM 2002940344
s OR BOOK 04522 PAGE 1816
State of Florida
County of Orange LL _t
The foregoing instrument was acknowledged before me this day of -:) VA e- by Sue S. Parker,
Trustee and Thomas A. Woodruff, Trustee, who L] are personally known or [X] have produced driver's license as
identification. // 'nt
[Notary Seal]
j �P Ay PG OFRCUL NC?ARY BEAL
0 �� caRare�w CLARKE
OMM
a SO4 NU MBER
7' O F1 , MY COMMIBBION UN
FEB.19 2005
Notary Public
Printed N e: �-
My Commission Expires:
f='N �11N�1 E (.�"OtJNTY, FLORIDA
1 rrx +ES
JHCK som ,
kA1 iCM - ^G`diEV ... MA VIL its t -
a
tit.11llLA IAIL:R +..,. CLAY
(�ALAC f4A VI5���
--EvT
� 4� T_�
F•E£:V VCq CAASVC.E
f r^ 1 \
vAX0
GSCECCA
Ar„tA
\CA:?LGI"E LfS--
A
A �- - - -�-
1 9RC M AaD
COIL£R
r I
1( I J , I
1
7
J}
I
r�
r, T s
r "
Groge Ave
1 +J r Brantley Ave
PROJECT - - `f — ITT
LOCA (ION
AP
LOCATION M
PARCEL NO. Lots 1 and 2. 8Ixk V
O.P. MI fUTELL'S SURVEY OF Tai£ LEVY GRANT
LEGAL DESCRIPTION
m L
A portion of Lot
1, Block D, DR. MITCHELL'S
SURVEY OF THE LEVY GRANT,
according to the
plot thereof os recorded in
Plot 3o(;k 1, Page 5, Public Records r)f
Seminole County,
Florida. Lying North of roilrood and South of Orange Avenue os
depicted on said
plot thereof TOGETHER WITH
that portion of the Nest one -half of
Clifton Avenue lying Eost of and adjacent to
the above described Lot 1, as vr� coted by thot
certain Ordinance
filed May 2, 1991 in Officiol
Records Bock 2290, Poge 216, Public
Records of Seminole
County, Florida
N0.
AND
--
REVISIONS
3Y
A portion of Lot
2, Block D, D.R. MI TCHELL'S
SUR�''E OF THE LEVY GRANT,
occording to the
pleat thereof os recorded in
Plot Bock 1, Page 5, Public Record; of
Seminole County,
Florido. Lying North of rodrood and South of Orange Av enue os
depicted on said
plot thereof
CEP TIFIED 1`0:
CI TY OF tiMN TER SPRINGS
CRAMER, PRICE & CEARMAS, P A
GROAN, WARD, SALLMAN & W EIS ), P A
A TTCRNE'r5 TITLE INSURANCE FUND, INC
% 1 C l C
01"r—IMINULE COUM'Y' or
I hereby Offim that th,s sur.cy r rtlerted `trevn 05 !nee and = orrect
to tfle test of my kncNtedaya and tel:e! It has tz?zmrt prepared in
occordaxlca with tea Stan-lords sat forth .n Chapter 6161 7 F A C
pursuant to 6ha.,pttrs 177 and 412, FI Stotutes .ut•J .n:tss it
tears tt:e s- mature and the arLigiirioal roi !rut of a y!at3o Licerl:ed
Sur,eycr and `Aopr th.s , draN ;nab sketch• Oot �r n,,p s Tor it --
f- :wmatic,ral purposes only .:irJ s nct valid
L S Iilo
I < Elil
d Livern0i._
GENERAL NOTES:
1) 2eorings shoAn hereon ore bosead on the centerline of State Road 334 as per Florida
Cepaartment of Transportation Right- of -'Noy Map Section 77070 -2516 being North 83'
53' 17" Eost
2) The porceis as surveyed ore Hooded trocts of land Nith primary covena3e of ock and pine
trees
3) The porent troct Les in the Levy Grunt (0,R MitcheWs Survey of the Levy Grant us reccxded
in Plot Bock 1, Pave 5 of the Public Records of Seminole County). Lying in Section 39 and
42 Tovnship 20 South, Ron 30 Eost No dimension information for Lot, Block a.�nd Street
Rights -of- Noy is shoirn on said plot The bcamdor2s shoNn hereon ha been based on
reco - :erect rnonwnenotion, occupation and pravi0u3 surreys prrpored by this firm for the
Ceportrnent of En viron m en tat Protect,on (rNinter Springs Town Center, Gteerr.voys and Troils
Pro,ect, office No. 67680 and 67630 -A) It should be noted that not all moumentatton and
occupation is in agreerrlent with the position of the lot lines sho and that this survey
dices not deter the osn,ership of fences, ditches, util ities or other iirpro\evrents and any
land rights a( claims that may affect title to the subject property
4) A OAnersh;p and Encumb(once report vus provided by Fast American Title Insuronca
Corrpony Office Fite No 0005428 and 0005428A. with (3 date of September 6, 2000
S) The Right-of-Noy for State Rood 434 is based on Florida Department of Tronsportaation
Right of Noy `Section Map 77070 - -2516
6) The CSX Transportation Ro+lroad Right- cf -.Voy is sham per Right- of -'tvay plops prepared
by REPS (Rea)ionof Engineers, Planners and Svrneyors Inc 2399 All ArnEticon Blvd ,
Orlando. F1or'rdo 52310) Project Title Boundary 5urvey of a portion of the CSX
Transportation Inc Rail Corridor - Loke Ch Branch and Black hammock Branch,
Seminole Count Florida. job # 95302. dated Scpt 1936
7) 6 00 ft Metal posts having as 2 3/8 inch diameter has been set 1 foot +/- off the boundary
line onto the site as line points and at oll property corners
3) No underground 'utilities, foundations or impro.ewients have been located for the purpose
of this suovey.
�) ingress and egress onto the subject prropert . :u recorded docurnentatuun Nos not researa.i,�r -d
by the title compony.
10) Adjacent properties hose not been obstrocted for title inotters and ore subject to eoserr,ent,,
and (notters of title
11) Pursuant to our contract .vith the City of ',Nint24' Springs, Florid , ), no .Junsdict tNetl"�r.ds
or `state Sovereign Lund bound-aries hope been located yr reseiarched as a part of this sue .c r
There ore se-rol droinage ditches within the propert Ahich !nay be subject t0 titiSdiCti r „JI
r e':1 a .V
12) Legal descrrptwn per OAnersh�p , ,nd Encuinbronce Rep_ prepared b, First Arner,con r• e
lnsuronce Company, file no 0005428-A. revised Octcber 3. 2000
FEL 0 0 Y
m L
S(r - 1 vF r 0,4 rE:
1 2 -- 9 8 -
N I E T (_
T 0 1 E 9 2
` CQr E' 1
= _QUO'
2
2/27/02
ADD PARTIES TO CERTIFICA nON
RN
_ i- - --
X2`
RESU�4v�E t rot E92)
IRN
N0.
OA TE
--
REVISIONS
3Y
I hereby Offim that th,s sur.cy r rtlerted `trevn 05 !nee and = orrect
to tfle test of my kncNtedaya and tel:e! It has tz?zmrt prepared in
occordaxlca with tea Stan-lords sat forth .n Chapter 6161 7 F A C
pursuant to 6ha.,pttrs 177 and 412, FI Stotutes .ut•J .n:tss it
tears tt:e s- mature and the arLigiirioal roi !rut of a y!at3o Licerl:ed
Sur,eycr and `Aopr th.s , draN ;nab sketch• Oot �r n,,p s Tor it --
f- :wmatic,ral purposes only .:irJ s nct valid
L S Iilo
I < Elil
d Livern0i._
GENERAL NOTES:
1) 2eorings shoAn hereon ore bosead on the centerline of State Road 334 as per Florida
Cepaartment of Transportation Right- of -'Noy Map Section 77070 -2516 being North 83'
53' 17" Eost
2) The porceis as surveyed ore Hooded trocts of land Nith primary covena3e of ock and pine
trees
3) The porent troct Les in the Levy Grunt (0,R MitcheWs Survey of the Levy Grant us reccxded
in Plot Bock 1, Pave 5 of the Public Records of Seminole County). Lying in Section 39 and
42 Tovnship 20 South, Ron 30 Eost No dimension information for Lot, Block a.�nd Street
Rights -of- Noy is shoirn on said plot The bcamdor2s shoNn hereon ha been based on
reco - :erect rnonwnenotion, occupation and pravi0u3 surreys prrpored by this firm for the
Ceportrnent of En viron m en tat Protect,on (rNinter Springs Town Center, Gteerr.voys and Troils
Pro,ect, office No. 67680 and 67630 -A) It should be noted that not all moumentatton and
occupation is in agreerrlent with the position of the lot lines sho and that this survey
dices not deter the osn,ership of fences, ditches, util ities or other iirpro\evrents and any
land rights a( claims that may affect title to the subject property
4) A OAnersh;p and Encumb(once report vus provided by Fast American Title Insuronca
Corrpony Office Fite No 0005428 and 0005428A. with (3 date of September 6, 2000
S) The Right-of-Noy for State Rood 434 is based on Florida Department of Tronsportaation
Right of Noy `Section Map 77070 - -2516
6) The CSX Transportation Ro+lroad Right- cf -.Voy is sham per Right- of -'tvay plops prepared
by REPS (Rea)ionof Engineers, Planners and Svrneyors Inc 2399 All ArnEticon Blvd ,
Orlando. F1or'rdo 52310) Project Title Boundary 5urvey of a portion of the CSX
Transportation Inc Rail Corridor - Loke Ch Branch and Black hammock Branch,
Seminole Count Florida. job # 95302. dated Scpt 1936
7) 6 00 ft Metal posts having as 2 3/8 inch diameter has been set 1 foot +/- off the boundary
line onto the site as line points and at oll property corners
3) No underground 'utilities, foundations or impro.ewients have been located for the purpose
of this suovey.
�) ingress and egress onto the subject prropert . :u recorded docurnentatuun Nos not researa.i,�r -d
by the title compony.
10) Adjacent properties hose not been obstrocted for title inotters and ore subject to eoserr,ent,,
and (notters of title
11) Pursuant to our contract .vith the City of ',Nint24' Springs, Florid , ), no .Junsdict tNetl"�r.ds
or `state Sovereign Lund bound-aries hope been located yr reseiarched as a part of this sue .c r
There ore se-rol droinage ditches within the propert Ahich !nay be subject t0 titiSdiCti r „JI
r e':1 a .V
12) Legal descrrptwn per OAnersh�p , ,nd Encuinbronce Rep_ prepared b, First Arner,con r• e
lnsuronce Company, file no 0005428-A. revised Octcber 3. 2000
FEL 0 0 Y
m L
S(r - 1 vF r 0,4 rE:
1 2 -- 9 8 -
N I E T (_
T 0 1 E 9 2
` CQr E' 1
= _QUO'
SHF-Er 1
CAF 2
�
y #7
379 'A. Michigon Street. Suite 203 a Orlando, Flaand..
fa te. No. (107 ) 122 Cj95 7 Fax No. ( t 01) 4 ?_2 Ci!3
ILICENSED BUSINESS No 3773
-ILE No
1
L OCATION
A
9
lz,
i v
\ a�
\ °a
\ d
jA
X
\ 1
BOUNDARY SURVEY
A PORTION OF SECTION- 39 AND 42
TOWNSHIP 20 SOUTH, PAN Z- 30 EAST
SEMIi1jOLE COUNTY, FLORIDA
i
PROJECT
LOCATION
92 1 21
n4 / N.T.S.
419
PROJECT.
LOCATION
3
- P �F,
Oronge Ave.
_
_,-Brontley Ave
R341
LOCATION MAP
GENERAL NOTES:
1) Bearings shown hereon ore based on the centerline of State Rood 434 as per Florida
Deportment of Transportation Right -of -Woy Mop Section 77010 -2516 being North 83'
53' 17" Eost.
2) The parcels as surveyed are wooded tracts of fond with primory coverage of oak and pine
trees.
3) The parent tract ties in the Levy Grant (D.R. Mitchelf's Survey of the Levy Grant as recorded
in Plot Book 1, Page 5 of the Public Records of Seminole County). Lying in Section 39 and
42 township 20 South, Range 30 East. No dimension information for Lot, Block and Street
Rights- of -fty is shown on said plot. The boundaries shown hereon have been based on
recovered monumenotion, occupation and previous surveys prepared by this firm for the
Deportment of Environmental Protection (Winter Springs torn Center. Greenways and traits
Project, office No. 67680 and 67680 - A). It should be noted that not all mcumentation and
occupation is in agreement with the position of the lot lines shown heron and that this survey
does not determine the ownership of fences, ditches, utilities or other improvements and any
land rights or claims that may affect title to the subject property.
4) A Ownership and Encumbrance report was provided by First American Title insurance
Company Office File No 00.03428 and 0005428A: with o date of September 6, 2000-
5) The Right -of -'Noy for State Rood 434 is based on Florida Deportment of Transportation
Right of Way Section Mop 77070 -2516.
6) The CSX Transportation Railroad Right --of --Way is shown per Right -of -Woy plans prepared
by REPS (Re "iond En Ineers, Planners and Surveyors Inc. 2999 All American Blvd.,
Orlando, Ftorido 32810 Project Title Boundary Survey of o portion of the CSX
Transportation Inc. Rod Corridor - Lake Charm Branch and Block Hammock Branch,
Seminole County, Florido; job / 95802, dated Sept. 1996.
7) 6.00 ft. Metal posts having a 2 3/8 inch diameter has been set 1 foot +/- off the boundary
line onto the site as line points and at all property corners
8) No underground 'utilities, foundations or improvements have been located for the purpose
of this survey.
9) Ingress and egress onto the subject property via recorded documentation was not researched
by the title company.
10) Adjacent properties have not been abstracted for title matters and are subject to easements
and matters of title.
11) Pursuant to our contract with the City of Winter Springs, Florida, no Jurisdictional . Wetionds
or State Sovereign Land boundaries have been located or researched as a part of this survey:
There ore Several drainage ditches within the property which may be subject to jurisdictional
review.
12) Legal description per Ownership and Encumbrance Report prepared by First Amencon Title
Insurance Company, file no 00.05428 -A, revised October 3, 2000
r1rL0 ay M.L. suRvey oArr- 10 -26 -98
DRAW B y.- R. NIETO OPOER nr TU1E92
SC ALE.' 1 300' sHa 1 of 2
Troth
SURVEYING SERVICES, INC.
379 W. Michigan Street, Suite 208 • Orlando, norido 32806
'fete. No. (407) 4 22 -0967 Fax No. (407) 422 -6915
LICENSED BUSINESS No. 3778
FILE No. `aX 70 44A
PARCEL NO. Lots i and 2, Block 'D'
D,R. MITCHELL`S SURVEY OF THE LEVY GRANT
LEGAL DESCRIPTION
A portion of Lot
1, Block D, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT,
according to the
plot thereof as recorded in Plot Book 1, Page 5, Public Records of
Seminole County,
Florida. Lying North of railroad and South of Orange Avenue as
depicted on said
plot thereof. TOGETHER WITH that portion of the West one -half of
Clifton Avenue lying East of and adjacent to the above described Lot 1, as vacated by that
certain Ordinance
filed May 2, 1991 in Official Records Book 2290, Page 216, Public
Records of Seminole
County, Florida.
AND
A portion of Lot
2, Block 0, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT,
according to the
plot thereof as recorded in Plat Book 1, Page 5, Public Records of
Seminole County,
Florida. Lying North of railroad and South of Orange Av enue as
depicted ' on said
plot thereof.
GENERAL NOTES:
1) Bearings shown hereon ore based on the centerline of State Rood 434 as per Florida
Deportment of Transportation Right -of -Woy Mop Section 77010 -2516 being North 83'
53' 17" Eost.
2) The parcels as surveyed are wooded tracts of fond with primory coverage of oak and pine
trees.
3) The parent tract ties in the Levy Grant (D.R. Mitchelf's Survey of the Levy Grant as recorded
in Plot Book 1, Page 5 of the Public Records of Seminole County). Lying in Section 39 and
42 township 20 South, Range 30 East. No dimension information for Lot, Block and Street
Rights- of -fty is shown on said plot. The boundaries shown hereon have been based on
recovered monumenotion, occupation and previous surveys prepared by this firm for the
Deportment of Environmental Protection (Winter Springs torn Center. Greenways and traits
Project, office No. 67680 and 67680 - A). It should be noted that not all mcumentation and
occupation is in agreement with the position of the lot lines shown heron and that this survey
does not determine the ownership of fences, ditches, utilities or other improvements and any
land rights or claims that may affect title to the subject property.
4) A Ownership and Encumbrance report was provided by First American Title insurance
Company Office File No 00.03428 and 0005428A: with o date of September 6, 2000-
5) The Right -of -'Noy for State Rood 434 is based on Florida Deportment of Transportation
Right of Way Section Mop 77070 -2516.
6) The CSX Transportation Railroad Right --of --Way is shown per Right -of -Woy plans prepared
by REPS (Re "iond En Ineers, Planners and Surveyors Inc. 2999 All American Blvd.,
Orlando, Ftorido 32810 Project Title Boundary Survey of o portion of the CSX
Transportation Inc. Rod Corridor - Lake Charm Branch and Block Hammock Branch,
Seminole County, Florido; job / 95802, dated Sept. 1996.
7) 6.00 ft. Metal posts having a 2 3/8 inch diameter has been set 1 foot +/- off the boundary
line onto the site as line points and at all property corners
8) No underground 'utilities, foundations or improvements have been located for the purpose
of this survey.
9) Ingress and egress onto the subject property via recorded documentation was not researched
by the title company.
10) Adjacent properties have not been abstracted for title matters and are subject to easements
and matters of title.
11) Pursuant to our contract with the City of Winter Springs, Florida, no Jurisdictional . Wetionds
or State Sovereign Land boundaries have been located or researched as a part of this survey:
There ore Several drainage ditches within the property which may be subject to jurisdictional
review.
12) Legal description per Ownership and Encumbrance Report prepared by First Amencon Title
Insurance Company, file no 00.05428 -A, revised October 3, 2000
r1rL0 ay M.L. suRvey oArr- 10 -26 -98
DRAW B y.- R. NIETO OPOER nr TU1E92
SC ALE.' 1 300' sHa 1 of 2
Troth
SURVEYING SERVICES, INC.
379 W. Michigan Street, Suite 208 • Orlando, norido 32806
'fete. No. (407) 4 22 -0967 Fax No. (407) 422 -6915
LICENSED BUSINESS No. 3778
FILE No. `aX 70 44A
CER TIFIED TO:
CITY OF WINTER SPRINGS
CRAMER. PRICE & DEARMAS, P.A.
BROWN,. WARD, SALZMAN & WEISS, P.A.
ATTORNEYS TITLE INSURANCE FUND, INC.
I hereby affirm that this sunny represented hereon is true and correct
to the best of mY knowle<4e and belief it Nsx been prepared in
occordonce with the Stop ds set forth in Chopter 61411, F.AC
,
pursuant to Chopters 177 and 472, Florida Statutes and untess it
bears the signature and the xSgind raised seal of a Florida Licensed
Surveyor and tw Hopper, this drawing, sketch, plot or mop is for in-
formanal purpo only and is not void
_
2
2/27/02
ADD PARTIES TO CERTIFICATION
RN
.3517
A.L.S. No
1
1/2/02
RESURVEY (T01E92)
RN
NO.
OA TE
REYtSIONS
BY
erald Livernoi_
GENERAL NOTES:
1) Bearings shown hereon ore based on the centerline of State Rood 434 as per Florida
Deportment of Transportation Right -of -Woy Mop Section 77010 -2516 being North 83'
53' 17" Eost.
2) The parcels as surveyed are wooded tracts of fond with primory coverage of oak and pine
trees.
3) The parent tract ties in the Levy Grant (D.R. Mitchelf's Survey of the Levy Grant as recorded
in Plot Book 1, Page 5 of the Public Records of Seminole County). Lying in Section 39 and
42 township 20 South, Range 30 East. No dimension information for Lot, Block and Street
Rights- of -fty is shown on said plot. The boundaries shown hereon have been based on
recovered monumenotion, occupation and previous surveys prepared by this firm for the
Deportment of Environmental Protection (Winter Springs torn Center. Greenways and traits
Project, office No. 67680 and 67680 - A). It should be noted that not all mcumentation and
occupation is in agreement with the position of the lot lines shown heron and that this survey
does not determine the ownership of fences, ditches, utilities or other improvements and any
land rights or claims that may affect title to the subject property.
4) A Ownership and Encumbrance report was provided by First American Title insurance
Company Office File No 00.03428 and 0005428A: with o date of September 6, 2000-
5) The Right -of -'Noy for State Rood 434 is based on Florida Deportment of Transportation
Right of Way Section Mop 77070 -2516.
6) The CSX Transportation Railroad Right --of --Way is shown per Right -of -Woy plans prepared
by REPS (Re "iond En Ineers, Planners and Surveyors Inc. 2999 All American Blvd.,
Orlando, Ftorido 32810 Project Title Boundary Survey of o portion of the CSX
Transportation Inc. Rod Corridor - Lake Charm Branch and Block Hammock Branch,
Seminole County, Florido; job / 95802, dated Sept. 1996.
7) 6.00 ft. Metal posts having a 2 3/8 inch diameter has been set 1 foot +/- off the boundary
line onto the site as line points and at all property corners
8) No underground 'utilities, foundations or improvements have been located for the purpose
of this survey.
9) Ingress and egress onto the subject property via recorded documentation was not researched
by the title company.
10) Adjacent properties have not been abstracted for title matters and are subject to easements
and matters of title.
11) Pursuant to our contract with the City of Winter Springs, Florida, no Jurisdictional . Wetionds
or State Sovereign Land boundaries have been located or researched as a part of this survey:
There ore Several drainage ditches within the property which may be subject to jurisdictional
review.
12) Legal description per Ownership and Encumbrance Report prepared by First Amencon Title
Insurance Company, file no 00.05428 -A, revised October 3, 2000
r1rL0 ay M.L. suRvey oArr- 10 -26 -98
DRAW B y.- R. NIETO OPOER nr TU1E92
SC ALE.' 1 300' sHa 1 of 2
Troth
SURVEYING SERVICES, INC.
379 W. Michigan Street, Suite 208 • Orlando, norido 32806
'fete. No. (407) 4 22 -0967 Fax No. (407) 422 -6915
LICENSED BUSINESS No. 3778
FILE No. `aX 70 44A
'uRVE) OF !HF
F V :;PANT I L A I', F JE_S `5u P
Pi A T &(.,)O� 1, PA�_,C
ORAArE
4VFl
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M7 = POIN T NuMt4t h. f i�"A 1 A I` C00HD/NA TES
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FEN't ON; "-'NCRE TE
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CfN TERLINE NP NON RADIAL N 1 51.3000 } OJI IV T i ' A NE C OOROiN 4 TF`
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CUP = CORROGA4 P ME TAL P!Pl N T = NON - TANGEN
OHW = LOVER HE WIRE FCk)N4; 1I IF A,4':N(
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