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HomeMy WebLinkAboutHartman, James & Martha Closing Documents -2002 03 18Prepared by and return to: Anthony A. Garpnese, Esquire Brown, ward, Salzman & Weiss, A. Post Office Boot 2873 Orlando, Florida 32802 -2873 (407) 425 -9566 . �rrr�r�rr�r�r�trrrMi�nrrrt IMNIIwI IrT^ Cm r C�y Cif Nk 043" P6,1191 CLIEAK'N 9 0 800RAMKO87 OC asm 111011=1 0 r 0� T 44.00 iti>lCl M WIN THIS WARRANTY DEED executed this 18th day of March, 2002„ by JAMES D. HARTMAN and MARTHA R. HARTMAN, husband and wife, whose address is 220 Stoner Road, Winter Springs, Florida 32708 (hereinafter called "GRANTOR "), to CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708 (hereinafter called "GRANTEE"). (Wherever used herein the temps "grantor" and " grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH: THAT GRANTOR, for and in consideration of the sum of Three Hundred Thirty-Two Thousand Five Hundred and no /100 ($332,500.00) Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto GRANTEE, its successors and assigns, all that certain land situated in Seminole County, Florida, and being more particularly described as: A I of Hartman's Industrial Park including Lots 1 through 8 and Hartman Lane, according to the plat thereof as recorded in fiat Book 32, Page 99, Public Records of Seminole County, Florida. Tom mm WITH all of the l er*rrrents, here&taments and appurtenances thereto belonging or in anywise appertaining to, including all of GRANTOR'S rights, title and interest in and to all public ways adjoining the said land. TO HAVE AND TO HOLD, the same in fee simple forever, subject, however, to the following. 1. All real estate taxes, special assessments and ad valorem taxes levied, payable or assessed against the land herein conveyed subsequent to 2001; and 2. Zoning, restrictions, prohibitions and other requirements imposed by governnnental authority; and 3. Matters of public record. 4. Any adverse ownership claim by the State of Florida, by right of sovereignty to any portion of the lands hereunder, including submerged, filled, and artificially exposed lands and accreted to such lands. 5. State road right reservations, if any. 6. Oil, gas and rninerW right reservations, if any. FILE NM 8002854027 co now 04364 PAW 1192 AND GRANTOR hereby covenants with GRANTEE that GRANTOR is lawfully seized of said land in fee simple; that said land is free of all encumbrances except the matters hereinabove mentioned to which this deed is made subject; and that GRANTOR has good right and lawful authority to sell and convey said land and hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever. AND the subject property is not the homestead property of the GRANTOR. IN WITNESS WHEREOF, GRANTOR has hereunder set its hand and seal the day and year first above written. �L Signed, sealed and delivered in erne of: Ali STATE OF FLORIDA COUNTY OF SEMINOLE "GRANTOR" "C RAtrTOW I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared James D. Hartman, to me known personally to be the persons described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes set forth herein, and he did not swear an oath. WITNESS my hand and official seal in the State and County last aforesaid this J1_ 4day of March, 2002. (Notary Seal) NOTAR# PUBLIC My Commission Expires: „ MWyMM WN1W STATE OF FLORIDA * *ay Commission CC8"W COUNTY OF SFMINOLE �,d` lures January 14.2004 I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Martha R. Hartman, to me known personally to be the person described in and who executed the foregoing instrument and she acknowledged before me that she executed the same for the purposes set forth herein, and she did not swear an oath. WITNESS my band and official seal in the State and County last aforesaid this___ day of March, 2002. (Notary Seal) '-Mmex� NOARYPUBLIC My Commission Expires: 2 mmy MM W1 i CBNW °�.. a E*traa January 14, 2004 STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME, the undersigned authority authorized to take oaths and administer acknowledgments, personally appeared JAMES D. HARTMAN and MARTHA R. HARTMAN, husband and wife (collectively "Affiants "), who duly sworn under penalties of perjury, depose and state as follows: Affiants, JAMES D. HARTMAN and MARTHA R. HARTMAN, husband and wife, are currently the fee simple owners of the property described in the Old Republic National Title insurance Company Commitment attached hereto and incorporated by reference, bearing Commitment No. 01091188, and as such they have personal knowledge of the matters noted herein. 2. Affiants are aware of no defects, liens, encumbrances, or other adverse matters affecting title, other than those disclosed in the attached Commitment and survey, if any, which survey is herein incorporated by reference. 3. That no persons other than the Affiants are entitled to the right of possession or are in possession of the land, and that the Affiants' right to title and possession of the land is not in dispute or question. 4. Affiants, have no present intention of filing bankruptcy under the U.S. Code, or insolvency under any state statutes, and are not currently in bankruptcy or the subject of a state insolvency statute. 5. That no work has been done or materials furnished to the land for the past ninety (90) days which could give rise to construction liens being imposed under the provisions of Florida Statutes Chapter 713, Part I. 6. Affiants are aware that Old Republic National Title Insurance Company and Brown, Ward, Salzman & Weiss, P.A. are relying upon this Affidavit to issue title insurance policies in accordance with the aforesaid Commitment. Affiants do hereby indemnify Old Republic National Title Insurance Company and Brown, Ward, Salzman & Weiss, P.A. against any loss or damage caused as a result of any material false statements contained in this Affidavit. 7. This Affidavit is given for the purpose of clearing any possible questions or objection to the title to the above referenced property and, for the purpose of inducing Brown, Ward, Salzman & Weiss, P.A. and Old Republic National Title Insurance Company to issue title insurance on the subject property, with the knowledge that said title company is relying upon the statements set forth herein. 8. Seller hereby holds Brown, Ward, Salzman & Weiss, P.A. and Old Republic National Title Insurance Company harmless and fully indemnifies same (including but not limited to attorneys' fees, whether suit be brought or not, and at trial and all appellate levels, and court costs and other litigation expenses) with respect to the matters set forth herein. "Affiant ", "Seller" and "Buyer" include singular or plural as context so requires or admits. Seller is familiar with the nature of an oath and with the penalties as provided by the laws of the United States and the State of Florida for falsely swearing to statements maw in an instrument of this nature. Seller has read, or heard read, the full facts of this Affidavit and understands its context. 9. This Affidavit is subject to Paragraph 8(g) of the Purchase and Sale Agreement. Affiants have caused this Affidavit to be executed this 18th day of March, 2002. AFFIANTS: ry� STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared James D. Hartman, to me known personally to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes set forth herein, and he did not swear an oath. WITNESS my hand and official seal in the State and County last aforesaid this day of March, 2002. (Notary Seal) VROATTARY F§JgUC My Commission Expires: STATE OF FLORIDA ''% May Anne vVNlsft COUNTY OF SENIINOLE * ** cW"1"10n ccMW January 14.2004 1 HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Martha R. Hartman, to me known personally to be the person described m and who executed the foregoing instrument and she acknowledged before me that she executed the same for the purposes set forth herein, and she did not swear an oath. WITNESS my hand and official seal in the State and County last aforesaid this 1'f day of March, 2002. (Notary Seal) "6w'3fl� NOT AY VBLIC My Commission Expires: 2 *W' Commbaion CCN3597 3.,M EVres January 14, 2004 FILE NO. 01091188 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 1971 LEE ROAD WINTER PARK, FL 32789 Phone: (407)647 -1915 Fax: (407)647 -1735 Agent File Number: HARTMAN ORT File Number: 01091188 Commitment No. SCHEDULE A 1) Effective Date: March 6, 2002 at 5:00 PM 2) Policy or Policies to be issued: Amount: a) ALTA Owners Policy Standard Form B 1992 $332,500.00 (amended 10/17/92 with Florida Modifications) Proposed Insured: THE CITY OF WINTER SPRINGS, a Florida Municipal Corporation b) ALTA Standard Loan Policy 1992 S (amended 10/17/92 with Florida Modifications) Proposed Insured: 3) The estate or interest in the land described or referred to in this Commitment and covered herein is a FEE SIMPLE. 4) Title to the Fee Simple estate or interest in said land is at the effective date hereof vested in: JAMES D. HARTMAN.and MARTHA R. HARTMAK 5) The land referred to in this Commitment is described as follows: Lots 1 through 8, Inclusive, HARTMAN'S INDUSTRIAL PARK, according to the plat thereof as recorded in Plat Book 32, Page 99, Public Records of Seminole County, Florida. This Commitment valid only if Schedule B is attached. nRnorq rnMMTTMFNTrnMMCTTRnTVTCTAN MFM140 FILE NO. 01091188 SCHEDULE B - SECTION I The following are the requirements to be complied with: 1. Payment of the full consideration to, or for the account of, the grantors or mortgagors. 2. Instrument(s) necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record: a) Warranty Deed from JAMES D. HARTMAN and MARTHA R. HARTMAN to THE CITY OF WINTER SPRINGS, a Florida Municipal Corporation, conveying the property described in Schedule "A" herein. SCHEDULE B SECTION II IS CONTINUED ON AN ADDED PAGE FILE NO. 01091188 SCHEDULE B - SECTION II Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: appearing in the public records or attachin ve ose' Insure r value of record the estate or interest or mortgage thereon covered by this mitment. Pr -- omprehensive .t,Ij survey o >:p On. y/,f o r 5. Easements or claims of easements not shown by the public records. 6. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled, and artificially exposed lands and lands accreted to such lands. 7. State road right reservations(s), if any. 8. Oil, gas and mineral right reservations, if any. 9. General or special taxes and assessments required to be paid in the year 2002 and subsequent years. 10. Hartman's Industrial Park Road and Development Agreement recorded in O.R. Book 1664, Page 1130, Public Records of Seminole County, Florida. 11. Consent Final Judgment recorded in O.R. Book 2076, Page 25, Public Records of Seminole County, Florida. _ TAX INFORMATION: - PARCEL NO.: 34- 20-30- 529 -0000 -0010 2001 Taxes PAID in the gross amount of $166.24 and WAS NOT homestead. Taxes DO NOT include more land than subject premises. PARCEL NO.: 34- 20-30- 529 -0000 -0020 2001 Taxes PAID in the gross amount of $116.35 and WAS NOT homestead. Taxes DO NOT include more land than subject premises. PARCEL NO.: 34- 20- 30- 529 - 0000 -0030 2001 Taxes PAID in the gross amount of $5.02 and WAS NOT homestead. Taxes DO NOT include more land than subject premises. PARCEL NO.: 34- 20 -30- 529 - 0000 -0040 2001 Taxes PAID in the gross amount of $6.79 and WAS NOT homestead. Taxes DO NOT include more land than subject premises. ADT\MC s- ^1A14T"AVWT!'^%&%AF CT TDT%Tt7TCT^rT 19COT1 /O FILE NO. 01091188 PARCEL NO.: 34- 20 -30- 529 -0000 -0050 2001 Taxes PAID in the gross amount of $7.77 and WAS NOT homestead. Taxes DO NOT include more land than subject premises. PARCEL NO.: 34- 20- 30- 529 -0000 -0060 2001 Taxes PAID in the gross amount of $7.39 and WAS NOT homestead. Taxes DO NOT include more land than subject premises. PARCEL NO.: 34- 20- 30- 529 -0000 -0070 2001 Taxes PAID in the gross amount of $169.03 and WAS NOT homestead. Taxes DO NOT include more land than subject premises. PARCEL NO.: 34- 20 -30- 529 - 0000 -0080 2001 Taxes PAID in the gross amount of $170.18 and WAS NOT homestead. Taxes DO NOT include more land than subject premises. PARCEL NO.: 34- 20-30- 529 -OS00 -0000 2001 Taxes PAID in the gross amount of $0.00 and WAS NOT homestead. Taxes DO NOT include more land than subject premises. CERTIFICATE OF NON - FOREIGN STATUS Section 1445 of the Internal Revenue Code provides that a TRANSFEREE of a U.S. real property interest must withhold tax if the TRANSFEROR is a foreign person. To inform the TRANSFEREE that withholding of tax is not required upon the disposition of a U.S. real property interest by JAMES D. HARTMAN and MARTHA R. HARTMAN (hereinafter collectively referred to as "TRANSFEROR"), the undersigned hereby certifies the following as TRANSFEROR: 1. TRANSFEROR is not a foreign person, foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); and 2. TRANSFEROR'S U. S. Social Security numbers are: James D. Hartman and Martha R. Hartman 3. TRANSFEROR'S address is: 220 Stoner Road Winter Springs, Florida 32708 TRANSFEROR understands that this certification may be disclosed to the Internal Revenue Service by TRANSFEREE and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete, and I further declare that I have authority to sign this document as TRANSFEROR. DATED this 18th day of March, 2002. INA st�-' - -W/Iri �. PrIN 0 OM V41 ',a Closing Statement March 18, 2042 Seiler: James D. Hartman Seller: Martha R. Hartman Closing Statement March 18, 2002 Buyer: City of Winter Springs, Florida, a Florida Municipal Corporation Seminole County Legal Description: All of Hartman's industrial Park, including Lots 1 through 8 and Hartman Lane, according to the plat thereof as recorded in Plat Book 32, Page 99, Public Records of Seminole County, Florida. SELLER'S COPY DUE SELLER B + BUYER'S COPY CREDIT BUYER + A DUE SELLER CREDIT BUYER 1. SELLING PRICE 332,300 00 + &SELLING PRICE 332,500 00 '2. DOWN PAYMENT 33,250 00 + *b.DOWN PAYMENT 33,250 3. MORTGAGES: a: Assumed by Buyer b: Exaysod by Buyer XXXXXX i c. MORTGAGES: a: Assumed by Buyer i b: Bxocuoed by Buyer X300OIX XX XX XXXXXX XX 4. RENTS, Pro rated + d. RENTS, pro rated S. INTEREST, pro rated + e. VGTREST. pro rated 6. INSURANCE: Fire Unearned Premium XXXXXX XX 11 f. INSURANCE: Fire Unearned Premium XXXXXX XX Other Unearned P XXXXXX Xx 1, Odor Unearned + Premium XXXXXX XX 7. TAXES: (bawd an 20M taus of $646.78) a Bead b �, er "ased on11 days cre t to buyer 134 67 i g. TAXES: t a -Based aq_,__ daps credit m sef er, or + b•Based oalk days craft W buyer 134 6 8 2002 City Taxes + h. 20M City Taxes 9.20M County Taxes + i. 2002 County Taxes 10.2002 Paetsonal Taxes + j. 2002 Persocal Taxes 12. + 1. 13. m. TOTALS 14. Caiama "A" less Column "B" 332,500 00 33,384 81 t TOTALS + n. Column "A" less Column "B" 332,500 00 33,384 67 • mum o SELLER'S EXPENSES OF SALE CHARGE SELLER + BUYER'S EXPENSES OF SALE CHARGE BUYER 1S. Abatracft Charges + o. Abstracting Charges 16. Attorney Fee + p• A+tmney Fees 17. Braker's Commissian if 4• Escrow Fees 1S. Escrow Fees + r. Florida Revenue Stamps, on Note 19. Florida Dowry Surtax Stamps on Deed + s. Intangible Tax on Mortgage 20. Florida Revenue Stamps, on Deed + t. Recording Deed 10 21. Isu%ibk Tax on Mortgage + u• Racmifing Mortgage 22, Recooft Moopp v. Survey Charges 23. Survey Charges + w. Mcrtpge Transfer Fee 24. Maripp Transfer Fee + x. Florida Doc Stamps 2,327 25. + y. Old Republic Title Policy 1,738 -M. TOTAL EXPENSES TO SELLER *z. TOTAL EXPENSES TO BUYER 4,076 SUMMARY: SUMMARY: DOWN PAYMENT *(2) omit if Paid wier $ 33,250.00 BALANCE DUE SELLER ( *) $ 299,11,5.33 ow) BALANCE DUE SELLER *Q $-222JJLU wo) BUYER'S EXPENSES ( *z) SUB TOTAL $ NET CASH DUE FROM BUYER $ 303.191.33 oen) SELLER'S EXPENSES ( *26) $ IN 11 ET CASH TO SELLER $ 332.365.33 J Owner's Policy American Land Title Association Owner's Policy 10 -17 -92 with Florida modifications Policy Number SDC 419946 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, the said Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunder affixed by its duly authorized officers as of the date shown in Schedule A, the policy to be valid when countersigned by an authorized officer or agent of the Company. Issued through the Office of: Brown, Ward, Salzman & Weiss, P.A. P. O. Box 2873 Orl Florida 32802 Authonzed Signatory (407) 425 -9566 ORT Form 331 ALTA Owner's Policy 10 -17 -92 with Florida modifications OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 (612) 371 -1111 By e,_ President k ,u I.,_ Attest �., . , Secretary EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which may arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or creating 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 of lien creditor. CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in this policy mean: (a) "insured ": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant ": an insured claiming loss or damage. (c) "knowledge " or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land ": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a )(iv) of the Exclusions from Coverage, "public records " shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district in which the land is located. (g) "unmarketability of the title an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. Continuation of Insurance After Conveyance of Title. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. Notice of Claim to be Given by Insured Claimant. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. Defense and Prosecution of Actions; Duty of Insured Claimant to Cooperate. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. lb) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. Options to Pay or Otherwise Settle Claims; Termination of Liability. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. lb) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs Ib►li) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. Determination, Extent of Liability. 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. la) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A, or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) The company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of the Conditions and Stipulations. 8. Apportionment. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. Reduction of Insurance; Reduction or Termination of Liability. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. Liability Non - cumulative. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. Payment of Loss. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. Subrogation Upon Payment or Settlement. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by the policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non - Insured Obligors. The Company's right of subrogation against non - insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. Arbitration. Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the insured. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys fees only if the laws of the state in which the land is located permit a court to award attorneys fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. Liabililty Limited to this Policy; Policy Entire Contract. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. Severability. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at its home office, 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371 -1111. SCHEDULE A OWNER'S POLICY SCHEDULE A AGENT FILE NUMBER: POLICY NUMBER: SDC 419946 ORT FILE NUMBER: 01091188 AMOUNT: $ 332,500.00 1. Policy Date: March 28, 2002, at 12:54 p.m. 2. The Insured hereunder, in whom title to the fee simple estate is vested at the date hereof, is: The City of Winter Springs, Florida 3. The land referred to in this Policy is situated in the County of Seminole, State of Florida, and described as follows: Lots 1 through 8, inclusive, HARTMAN'S INDUSTRIAL PARK, according to the plat thereof as recorded in Plat Book 32, Page 99, Public Records of Seminole County, Florida. THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED. SCHEDULE B -PART I AGENT FILE NUMBER: ORT FILE NUMBER: 01091188 POLICY NUMBER: SDC 419946 This policy does not insure against loss or damage by reason of the following: General or special taxes and /or assessments required to be paid in the year 2002 and subsequent years. 2. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled and artificially exposed lands and lands accreted to such lands. 3. State road right reservations, if any. 4. Oil, gas and mineral right reservations, if any. 5. General or special taxes and assessments required to be paid in the year 2002 and subsequent years. No(s).: 34- 20 -30- 529 - 0000 -0010; 34- 20 -30- 529 - 0000 -0020; 34- 20 -30- 529 - 0000 -0030; 34- 20 -30- 529 - 0000 -0040; 34- 20 -30- 529 - 0000 -0050; 34- 20 -30- 529 - 0000 -0060; 34- 20 -30- 529 - 0000 -0070; 34 -20 -30 -529- 0000 -0080; 34- 20 -30- 529 -OS00 -0000 6. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charge for service by any water, sewer or gas system supplying the insured land. 7. Easements or claims of easements not shown by the public records. 8. Hartman's Industrial Park Road and Development Agreement recorded in O.R. Book 1664, Page 1130, Public Records of Seminole County, Florida. 9. Consent Final Judgment recorded in O.R. Book 2076, Page 25, Public Records of Seminole County, Florida. WEST LINE LOT 1. PLAT B001 WEST LINE, PLAT BOOK 5, PA FOUND BOYLE 0.15' NORTH & 0.19' WEST S N 7%•32, -%J' w w DETAIL OF BOUNDARY (NOT TO SCALE) 563 65, 239'8` N 24 W N D,(M) 42.460 �P w w "0'0M) LEGEND & ABBREVIATIONS ■ = 4"x4" CONCRETE MONUMENT 0 = IRON PIPE • = IRON ROD -0- = POWER POLE ® = AIR CONDITIONING UNIT INV. = INVERT 3 �1. 1, 0.3' EAST OF CORNER RCP = REINFORCED CONCRETE PIPE CMP = CORRUGATED METAL PIPE SET 51T SSMC R/W = RIGHT OF WAY LB 2108 SITE BENCH MARK w�_ car OU = OVERHEAD UTILITY LINE S NAIL W ! (SF E OF BEL = BURIED ELECTRIC LINE ATE WA FOUND PSM5913 SSMC TRAY PT = EDGE OF DENSE VEGETATION Y L 3.a7' sourH & IN CONCRETE DRIVE PI =PINE O =OAK 1,) 0.30 EAST V M =MAPLE N 1589823.1930 SITE BENCH MARK 1" = 40' SIZE SHOWN IS TRUNK E 560406.4218 SET NAIL W DISC GRAPHIC SCALE DIAMETER IN INCHES LIND LS3137 0 20 40 80 ` ELEVATION= 31.148 40' NORTH = PALM TREE NORTH R/W LINE PER PLAT FOUND LS3137 0.26' NORTH ACTUAL NORTH R/W LINE SEE NOTE 11 LE; = ELECTRIC SERVICE METER SET 5pr SSMC N 76. 45,14• LB 2108 = WATER METER W 42.40'()W) = AIR CONDITIONING UNIT 4246' W T SSMC (P) p = NAIL W /DISC LB B 2 108 2 NOTHING FOUND OR SET WL7 = JURISDICTIONAL BOUNDARY FLAG NUMBERS WL — = BURIED WATER LINE D ETA I L (M) = MEASURED NOT TO SCALE (P) = PLAT 3 �1. 1, 0.3' EAST OF CORNER wL A SET 51T SSMC 64. 64 LB 2108 SITE BENCH MARK w�_ car w � S NAIL W ! (SF E OF %r ATE WA FOUND PSM5913 SSMC TRAY PT Y L 3.a7' sourH & IN CONCRETE DRIVE 1,) 0.30 EAST N 1589823.1930 SITE BENCH MARK E 560406.4218 SET NAIL W DISC (REPOSITIONED IN DRAWING) SSMC TRAY PT ` ELEVATION= 31.148 LEGAL DESCRIPTION HARTMANS INDUSTRIAL PARK as recorded in Plat Book 32, Page 99 of the Public Records of Seminole County, Florida. SURVEYOR'S REPORT: 1. Utility locations if shown hereon are based on field location of markings by Utility Company representatives, surface features and construction plans furnished to the surveyor. Additional sub — surface utilities may exist that hove not been field located. 2. Easements or rights of way that appear on recorded plans or that have been furnished to the surveyor by others hove been incorporated into this drawing with appropriate notation. Other easements may be discovered by a search of the Public Records. 3. Measurement methods used for this survey meet MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING CH. 61G17 -6 requirements. 4. Not valid without the signature and raised seal of a Florida licensed surveyor and mapper. 5. Features shown by symbol as indicated in the legend are not to scale. 6. Bearings shown hereon are based on the North R/W line of Old Sanford Oviedo Road, per Florida State Plane (NAD88 /90), being N76'45'14 "W. 7. Based on the National Flood Insurance Program FIRM Map Community No. 12117CO135E, dated 04/17/95 the above described property is within a special flood hazard Zone "X ", determined to be outside the 500 year flood plane_ 8. The electronic image of this map contains horizontal positions for all features shown relative to an assumed datum. 9. This Survey was performed without benefit of a Title search. A Title search may reveal additional information affecting the Parcel as shown. 10. The Right of Way width for Old Sanford Oviedo Road as shown on the plat is not identified. The Right of Way line for Old Sanford Oviedo Road was established in the field and office using a best fit to a preponderance of recovered monumentation. 11. Total parcel acreage = 8.73 acres, more or less, Upland acreage = 5.68 acres, more or less, Wetland acreage = 3.05 acres, more or less 12. The Jurisdictional Boundary Line was flagged by the clients environmental consultants and the flags were located in the field as shown. VALA 0 -�� 0 u- N. Per 0 I .0 our Legend Commission District Number Commission District Boundary RM & Private Rds City Boundary Bridges Streams Railroads CITY OF WINTER SPRINGS COMMISSION DISTRICT MAP May 2004 SRI ii PAP 1, VL Muff Val Ni ANN IMF � 1 win 1"1 MOP 4 4 • MINES a Sti Q0 -;.-7 7 V gy AM BROWN, WARD, SALZMAN & WEISS, P.A. ATTORNEYS AT LAW Usher L. Brown • Suzanne D'Agresta Anthony A. Garganese° Gary S. Salzman° John H. Ward • Jeffrey S. Weiss Debra S. Babb Jeffrey P. Buak Alfred Truesdell Joseph E. Blitch Scott D. Danahy Brett A. Marlowe Cheyenne R. Young * Board Certified Civil Trial Lawyer ° Board Certified Business Litigation Lawyer ° Board Certified City, County & Local Govenvnent Law May 22, 2002 Andrea Lorenzo - Luaces, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Two Landmark Center 225 East Robinson Street, Suite 660 Post Office Box 2873 Orlando, FL 32802 -2873 (407) 425 -9566 (407) 425 -9596 FAX Email: agarganese@orlandolaw.net Website: www.orlandolaw.net Re: James D. & Martha R. Hartman to City of Winter Springs City of Winter Springs - General #1359 Dear Andrea: Cocoa: 866 - 425 -9566 With respect to the aforementioned closing, please find enclosed the following: 1. An original Owner's Title Policy 2. A recorded copy of the Warranty Deed conveying the property from the Hartmans to the City of Winter Springs 3. Certificate of Non - Foreign Status by the Hartmans 4. Closing Statement 5. Boundary Survey Andrea Lorenzo - Luaces, City Clerk City of Winter Springs May 22, 2002 Page 2 These original documents are being forwarded to you for safekeeping. Should you have any questions, please do not hesitate to contact my office. Sin ely, Anthony A. Garganese City Attorney AAG.jf Enclosures: Hartman Closing Documents