HomeMy WebLinkAboutLuttrell, Madeleine M. Agreement -1984 06 15
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AGREEMENT
This Agreement is entered into this 15th day of June, 1984,
by and between Madeleine M. Luttrell (hereinafter called the
"Seller") and The City of Winter Springs, a Florida incorporated
municipality (hereinafter c~lled the "Buyer").
WITNESSETH:
Whereas, Buyer and Seller have this date closed upon the pur-
chase and sale of the following described real property located
in Seminole County, Florida:
Lots 1 through 25 and including Hoover Street, Luttrell
Lane and the South One-Half (S~) of 2nd Street of
Luttrell Park according to the plat thereof as recorded
in Plat Book 11, Page 44 of the Public Records of
Seminole County, Florida, being a portion of Lot 27,
Block B of D. R. Mitchell's Survey of the Levy Grant as
recorded in Plat Book 1, Page 5 of the Public Records of
Seminole County, Florida, lying Northeasterly of State
Road 419 (Sanford-Oviedo Road), (hereinafter called the
"Property") .
Whereas, the total purchase price of the property is One
Hundred Forty-Three Thousand Two Hundred Thirty-Three and 30/100
($143,233.30) Dollars, based on a per acre price of Eighteen
Thousand Nine Hundred Sixty-Five and 52/100 ($18,965.52) Dollars
per acre.
Whereas, Buyer has this date paid one-half (~) of the pur-
chase price in accordance with the Contract for Sale and Purchase
dated February 17, 1984.
Whereas, the parties have agreed to provide for payment of
the remaining one-half (~) of the purchase price after January 1,
1985, as hereinafter provided.
Now, therefore, in consideration of the sums heretofore paid,
and other good and valuable consideration, the receipt and suf-
ficiency of which is hereby acknowledged, and the mutual covenants
and agreements contained herein, the parties hereby agree as
follows:
1. Payment of Balance of the Purchase Price. After January 1,
1985, the balance of the purchase price for the purchase of the
Property, in the amount of Seventy-One Thousand Six Hundred Six-
teen and 65/100 ($71,616.65) Dollars shall be due and payable
within thirty (30) days after receipt of a written notice from
Seller to Buyer, stating that the balance of purchase price pay-
ment is due. At any time after January 1, 1985, Buyer may prepay
any portion of the balance due in whole or in part prior to any
demand being made by Seller. If not sooner paid, the balance of
the purchase price shall be paid on or before December 31, 1985.
2. No Security. It is agreed by the parties that the balance
of the purchase price due shall not be secured by any mortgage,
note or other debt instrument other than this contractual agree-
ment to pay said sum.
3. Binding Effect. This Agreement shall be binding upon the
parties hereto and their heirs, successors and assigns in interest.
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4. Attorneys Fees. In the event of any litigation to enforce
the provisions of this Agreement, the prevailing party shall be
entitled to a reasonable attorney's fee and Gosts.
In witness whereof, the parties have executed this Agreement
the day and year first above written.
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ma~~~ IIl.rfj(,z-t;;d€
Madeleine M. Luttrell, Seller
f~
STATE OF FLORIDA
COUNTY OF ORANGE
I hereby certify that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgments, personally appeared Madeleine M. Luttrell
to me known to be the person described in and who executed the
foregoing instrument and she acknowledged before me that she exe-
cuted the same.
Witness my hand and official seal in the County and State last
aforesaid, this 15th day of June, 1984.
~/'/l~
Notary Public
My Commission Expires:
Notary Public State 01 r 10ll(k _. __11~"
My Commission expires Jan. 23, 19BQ
STATE OF FLORIDA
COUNTY OF ORANGE
I hereby certify that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgments, personally appeared -:r-DI1 ~ tic 7D,.co...~c
, as of the City of
Winter Springs, a Florida incorporated municipality, to me known
to be the person described in and who executed the foregoing instru-
ment on behalf of said municipality and he acknowledged before me
that he executed the same.
Witness my hand and official seal in the County and State last
aforesaid this 15th day of June, 1984.
~./IIN"&
Notary Public
My Commission Expires:
Notary Public State ot ~Iondc, "'.1'
My Commission expires Jan. 23, 198Q.
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Sellerls Affidavit
State Of Florida
County Of Orange
BEFORE ME, the underaiqned authority, duly authorized in the State and County aforesaid
to administer oaths and take acknowledqments, this day personally appeared
Madeleine M. Luttrell. a single person
who beinq by me firlt duly sworn depolel and saYI:
1. The facts and matters contained and recited in this Affidavit are based upon personal
knowledqe of the Affiant.
2. Affiant has owned the property described at Schedule "A" attached hereto and made a
part hereof by reference since July 27 , 19..6...5...-. and Affiant's pOllession thereof has
been peaceable and undisturbed and title to said property hal never been disputed or questioned
to the knowledqe of Affiant, nor does Affiant know of any facts by reason of which the title to, or the
pOIsellion of laid property miqht be disputed or queltioned, or by realon of which any claim to
any of said property miqht be allerted adversely to Affiant.
3. No proceedinql in bankruptcy or receivership have ever been inltituted by or aqainlt
Affiant, and Affiant has never made an aSliqnment for the benefit of creditors.
4. Affiant knowl of no action and proceedinq whatever which il now pendinq in any state
or federal court in the United States to which Affiant is a party which affectl the property described
at Schedule "A," nor does Affiant know of any judgment, federal tax lien, or any other lien of any
kind or nature what-ever which now constitutes a lien or charge upon the property described at
Schedule "A," except for taxes accruinq sublequent to December 31; 19..8.3-
5. Affiant has received no notice from any public authority requirinq any improvement,
alteration or chanqe to be made in and about the property delcribed at schedule "A."
6. There are no tenanciel or leales of the property described at Schedule "A" and there are
no partie I in posseSlion of leid property except Affiant.
7. There are no unpaid bills or claims for labor or servicel performed or material furnished
or delivered durinq the palt six (6) monthl for alterations, repair work, or new construction on the
property described at Schedule "A."
8. There are no matters pendinq aqainst Affiant that qive rile to a lien that would attach to
the property between the disbursinq of funds and recordinq of any interest to be insured, and the
Affiant will not execute any instrument that would adversely affect the title or interest to be insured.
9. Affiant understands that thil Affidavit will be relied upon by the purchaser of the
property and/or the lender placinq a mortqaqe on the property described at Schedule "A" from
Affiant, and that this Affidavit will be relied upon by Swann and Hadnock, P _ A.
in illuinq itl policy of title inlurance deletinq therefrom certain Itandard exceptions.
FURTHER AFFIANT SA YETH NOT.
Madeleine M. Luttrell
Sworn to and lublcribed by me
thil -1..5..t-hiay of June. 1981 .
Notary Public, State 0/ Florida
My commi..ion Expire,:
..
.J.
SCHEDULE "A"
Lots 1 through 25 and including Hoover Street, Luttrell
Lane and the South One-Half (S~) of 2nd Street of Luttrell
Park according to the plat thereof as recorded in Plat Book
11, Page 44 of the Public Records of Seminole County,
Florida, being a portion of Lot 27, Block B of D. R. Mitchell's
Survey of the Levy Grant as recorded in Plat Book 1, Page 5
of the Public Records of Seminole County, Florida, lying
Northeasterly of State Road 419 (Sanford-Oviedo Road) .
L
BlTYERS CLOSING STATEMENT
SWANN AND HADDOCK, P.A.
ATTORNEYS AND COUNSELLORS AT LAW
13!5 WEST CENTR"'L .OULE".....O. SUITE 1100
"OST O,.,.,CE BOX ...0
ORL"'NOO. "LOOlIO" 32802,Oe.O
Date June 15, 1984
~~(s) M. M. Luttrell
Bu)'""(s) The City of Winter Springs, a Florida incorporated munipipali ty
Imcription of ProP""')' See Schedule "A" attached hereto
CharRl'S Credits
Purchase PriCf' 7.5523 acrp-s ta $18.965 52 5143 ?11 30 5
Dfoposit 500.00
Assumption of first Mortgagt"
Pro-ration of Intt"rf'St on first Mortgage
MortlU!!t" Transft"r f~
EICTOVo' ,~CC"Ount ~;th Mortp:a[l:es
Installment oavrnent of 1/2 ourchase price 71,616.65
Purchast" Mon~' Mortp:allt"
Pr&-ration of Rt"a1 Estatt" Taxes 1/1 to 6/14/84 $244.88 111.22
Pro-ration of St"we-r and Rt"fust" Chvlll'S
Pro-ration of In~uran~ Prt"mium
Pr&-ratioD of Rents
Intangib~ Tax on Purchast" Mont")' Mortllage
Documt"Otary' Tax on ~ott"
Rt"('Ording Purc~ Mon~' Mortgagt"
Rt"('Ording Warranty D~ 5.00
Rt"Cording F t"f'S - Othe-r
AbstT1lct of Titlt"
Attornt")"s Closing ft"t" 750.00
Title Insurance Premium
Atto~y's Titlt" Examination
Insuran~ Premium
Survey
Tt"I'1Ttite Inspt"'ction
Sub- Total 51.43, ~IHi. 30 S 72,227.87
,
Balan~ Due from Buyer 71,760.-13
TOT.U (\fust ~ EQual) .1.43, ~IHi. 30 5143,988.30
l'DI~s thl"rt" i.s a {'Wile sho"",, abovt" for Allomt"ys Titll' Examination or Titll' Insurance. SW ANN and HADDOCK, P.A. did not render an opinion as to thl'
condihon of t~ htlt" and assumes no rf'Sponsibility as to the condition of the title to the property described above.
In the I",'t",,, the real f'Statt" taxt"s sho",,, above are blSl'd on thl' estimated taxes for the current year and there is a variance betwet'n the amounlused and the
actual amount of lhr- taxes, tht"n thr- Buyer and the Seller will repro-rate thl' taxes betwPf'n thl'mselves and the closing agent assumt"s no responsibility for an)'
furtlMor pre>-ratlon.
11'\ t") ha' t" rl"ad the (ort"j;toinj;t statement and hereby approve same, acknowledge receipt of any money due and authorize disburst"ment in accordance
tlMort"'with.
The City of Winter Springs, a
Florida incorporated municipality
By:
SCHEDULE "A"
Lots 1 through 25 and including Hoover Street, Luttrell
Lane and the South One-Half (S~) of 2nd Street of Luttrell
Park according to the plat thereof as recorded in Plat Book
11, Page 44 of the Public Records of Seminole County,
Florida, being a portion of Lot 27, Block B of D. R. Mitchell's
Survey of the Levy Grant as recorded in Plat Book 1, Page 5
of the Public Records of Seminole County, Florida, lying
Northeasterly of State Road 419 (Sanford-Oviedo Road) .
""''''RRANTY DEED
RAMeo FORM 01
1"'= .,::. TO '....Ot...iC'
This Warranty Derd ,\laJe Ill('
15th
do)' of
June
A. D. II) 84 hy
YJillELEINE M. LUTTRELL, a single person
I,(.reinail,'r called IIle wanlor. 10
THE CITY OF WINTER SPRINGS, a Florida incorporated municipality
ullUse posloffice aJdress is 400 N. Edgemon Avenue, Winter Springs, FL 32708
;'Freirw{'er caltee! IIII' ~Irante(':
\"ht'r~\;f'r u,td hf'rf'in tht" tf'rfIl' "llranlor" and '.~rantl.'(," inciude all the parli('!\ In ,his imlrument and
the heir<- It'l'al rrpre'f'ntati\(", and a,~i'lm of indi\jduab. and the !-UC(('!-.!>(Jn and a,...i~m of corporatiom}
Witnesseth: -not IIIl' wantor. for and in consideration of tl](, sum of $ 10.00 and olller
la/ua/'Il' considerations, recl'ipt whereof is Ilereb)' acknou'[ee!f/ed. Ilereby wanls. bargains, sells, aliens. re-
mises. releases. cOnl'eys and confirms unlo Ihe granlee. alt tllOt cerlain land situate in Seminole
Counly. Florida. l'i=:
Lots 1 through 25 and including Hoover Street, Luttrell
Lane, and the South One-Half (S~) of 2nd Street of Luttrell
Park according to the plat thereof as recorded in Plat Book
11, Page 44 of the Public Records of Seminole County, Florida,
being a portion of Lot 27, Block B of D.R. Mitchell's Survey
of the Levy Grant as recorded in Plat Book 1, Page 5 of the
Public Records of Seminole County, Florida, lying North-
easterly of State Road 419 (Sanford-Oviedo Road).
Together with all the tenements, hereditaments and appurtenances thereto belonging or in any-
wise appertaining.
To liave and 10 Jlold, the same in fee simple forever.
Rnd 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 hereb}, 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. 1983, and restrictions, reservations and easements of
record, however, this statement shall not serve to r~impose same.
In 'Witness l!ftfhereof, the said grantor has signed and sealed these presents the day and year
first above written.
Signed. sealed and delivered in our presence:
..................................................................................
MADELEINE M. LUTTRELL
..................................................................................
STATE OF FLORIDA
COeXTY OF ORANGE
SPACE BELOW fOR RECORDERS USE
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personalJy appeared
~VillELEINE M. LUTTRELL, a single person
to me known to be the person
forerwing instrument and she
c:<ecuted the same.
described in and who executed the
acknowledged before me that she
WIT:\ESS my hand and official seal :n the County and
State last aforesaid this 15th day of
June
,A. D. 1!B4.
. Not"ary..l'ubTic..........................................................
Thr:r Inslntl/lml prt'parl'd L~Y:Patricia R. Mueller, Esq.
\ddm.! Swann and Haddock, P. A.
,i . Dtl~nd~~xFE4~2802-0640