HomeMy WebLinkAboutBlumberg, Juanita D. Blumberg Warranty Deed -2005 01 31
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. r" , .~,. ~_l MARYANNE MORSE, CLERI( OF CIRCUIT ClllRT
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SEMINOLE COUNTY
BK 05601 PGS 0886-0888
CLERK'S ~ 2005018327
Prepared by and return to: ~C{JHl)l-:O ~/O?/eooS 02149101 PM
Jeffrey P. Buak, Esquire DE!::)} noc TAX 79.80
Brown, Garganese, Weiss & D' Agresta, P.A. RECORDING FEES 21.00
Post Office Box 2873 RECORDED BY L Woodley
Orlando, Florida 32802-2873
(407) 425-9566
Tax Parcel Id # 26-20-30-5AR-OBOO-OOUl
~ WARRANTY DEED
Q... TIDS WARRANTY DEED execute.d this ~ day of January, 2005, by the JUANITA D.
to
BLUMBERG, a widowed women, with a mailing address of P.O. Box 195430, Winter Springs, FL 32719-
,5430 (hereinafter called "GRANTOR"), to the CITY OF WINTER SPRINGS, a Florida municipal
corporation, with a mailing address of 1126 E'!~t State Road 434, Winter Springs, Florida 32707 (hereinafter
called "GRANTEE").
Z)"'-f)
_"--0 (Wherever used herein the terms "grantor" and "grantee" include all the parties to this
+-6 . instrument and the heirs, legal representatives and assigns of individuals, and the successors
g.~ and assigns of corporations.)
'tQ WITNE S SE TH:
'C ~
l ~ iYJ THAT GRANTOR, for and in consideration ofthe sum of Eleven Thousand Three Hundred Sixty
...j and NO/lOO ($11,360.00) Dollars and other good and valuable consideration, the receipt of which is hereby
~.u. acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto GRANTEE,
d ~ - its successors and assigns, all that certain land situated in Seminole County, Florida, and being more
1 particularly described on:
'( ui See Exhibit "A", Attached heretu and ineurpurated herein by this reference
~~- -
Q 5 TOGETHER WITH, all of the tenements, hereditaments and appurtenances th,enito belonging orin
~ ~ anywise appertaining to, including all of GRANTOR'S rights, title and interest in and to all public ways
j adjoining the said land. .
TORA VE 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 2004; and
2. Zoning, restrictions, prohibiti.ons and other requirements imposed by governmental authority;
and
3. . Matters of public record.
4. State road right reservations, if any.
6. Oil, gas and mineral right reservations, if any.
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7. Any lien provided by Chapter 159, F.S., 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.
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 G RANTO R.
IN WITNESS WHEREOF, GRANTOR has hereunder set its hand and seal the day and year first
above written.
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WITNESSES: GRANTOR:
~p m/~R~
~TAD.BLUMBERG '..
Date: (~
STATE OF ~~ "
COUNTY OF ~
I HEREBY CERTIFY that on this day, b,eforeme, an officer duly authorized in the State and CountY
aforesaid to take acknowiedgments, personally appeared JUANITA D. BLUMBERG,~o me known
personally to be the persons described in the foregoing instrument, or 0 who. has produced
as identification. She.has acknowledged before me that
he has authority to execute this deedJor the purposes set forth herein, and they did not swear an oath.
WITNESS my hand and offidal seal in the State and unty last aforesaid this ~ of January,
2005. ..
(Notary Seal)
\\\'''W;'
l~Wl ,t.. Thomas R. Harbert
~*: :~ MY COMMISSION # OD129739 EXPIRES
~~., .ii July 18, 2006
'. ,P.i':,~..' BONDED llil/U TROY FAIN INSUIWICG /NC.
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EXHIBIT "A"
. That part of the Unnumbered)At in Block liB", D,R. MITCHELL'S.8URVEY OF THE LEVY
GRANT ON LAKE JESSUP as recorded in Plat Book 1, Page 5, of the Public Records of
Seminole County, Florida, more particularly described as follows:
Commence at the Northwest comer of Lot 28, Block "B",.D,R. MITCHELL'S SURVEY OF
THE LEVY GRANT ON LAKE JESSUP as recorded in said Public Records) said point being a
recovered 3/4 inch iron pipe; thence runSouth 18058'28" West along the West line of said Lot
28 a distance of720.17 feet to the North right of way line of First Street (a 30 foot unopened
right of way); thence run South 71024'05" East along said North right of way line for a distance
of423.48 feet; thence South 65037'18" West a distance of 44.01 feetto the South right of way
line ofsaid First Street; thence run South 51024'55" West, a distance of96.80 feet to the Point of
Beginning; thence ~nnnue South 51024'05" West a distance of 147.60 feet to the Northeasterly
right of way line of State Road 434 per Florida Department of Transportation Right of Way Map --......, ......-
Section 77070-2516; thence North 38043'16" West a distance of20.03 f~t; thence depaning
said right of way line South 83034 '06" East a distance of 14.18 feet; thence North 51024 '55"
East a distance of 137.62 feet; thence South 38035'05" East Ii distance of 1 0.00 feet to the Point
of Beginning.
ORDOCS COMMITMENT COMM SlIBDMSION MFOU49
BROW-N, SALZMAN, WEISS & GARGAN ESE, P.A.
ATE : Jan 31/2005 , 3028
HE # 3028
.MOUNT : $8.22
,CCOUNT TRUST - 3'
'AID TO: City of winter Springs
~e fund of overpayment
:::LIENT: 315 - CITY OF WINTER SPRINGS
vlATTER: 1193
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MARYANNE:: MORSE
CLERK OF COURT, SEMINOLE COUNTY
301 NURTH PARK AVE
SANFORD, FL 32771
407-665-4411
DATE:02/02/2005
h TIME:02:49:01 PM
" Rt::CEIPT:293448
r:~~:~ .~ BROWN GARGANESE WEISS ET AL
"..'I', ,. CODE - 1029
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'\ ITEM -01 F 02:49:01 PM
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.~,.,."-,,, 4 .~"-":"_...._:... , ! FILE:20'Q5Q1B327_ ,# . ,BK/PG:56Q1/QB86...~."...
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" RECORDING FEE 27.0.0.
DEED DOC TAX 79.80.
Sub. Total 10.6.80.
--------------.----------
Ii AMOUNT DUE: $106.BO
PAID CHECK: $106.80
. Check '*:30.27 $10.6.80.
TOTAL PAID: $106.80
REC BY:LWOODLEY
DEPUTY CLERK
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Policy Number SDC 419968
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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, againstJoss 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, at'torneys' 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: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
, ,
BROWN; GARGANESE, , WEISS & ri'AGRESTA"P.A. 400 Second Avenue South Minneapolis, Mi~nesota 55401
(612)371-1111
4 By President
ORTForm 331 AlTA Owner's Policy 10,17,92
with Florida modifications Attest Secretary
.
, EXCLUSIONS FROM COVERAGE by reason of the public records as defined in this policy or any other
The following matters are expressly excluded from the coverage records which impart constructive notice of matters affecting the land,
of this policy and the Company will not pay loss or damage, costs, (d) "land": the land described or referred to in Schedule A, and
attorneys' fees or expenses which may arise by reason of: ' improvements affixed thereto which by law constitute real property.
1, (a) Any law, ordinance or government'al regulation (including but The term "land" does not include any property beyond the lines of
not li,mited to buildin'g and zoning laws, ordinances, or regulations) the area described or referred to in Schedule A. nor any
restricting, regulating, prohibiting or relating to Ii) the occupancy, use, right, title, interest, estate or easement in abutting streets, roads,
or enjoyment of the land; (ii) the character, dimensions or location of avenues, alleys, lanes. ways or waterways, but nothing herein shall
any improvement now or hereafter erected on the land; (iii) a ' modify or limit the extent to which a right of access to and from the
, separation in ownership or a change iil the dimensions or area of the land is'insured by this policy,
land or any parcel of which the land is or was a part;, or (iv) (e) "mortgage": mortgage, deed of trust; trust deed, or other
environmental protection, or the effect of any violation Of these laws, security instrument.
ordinances or governmental regulations, except to the extent that a (f) "public records": records established under state statutes at
notice of the enforcement thereof or a notice of a defect. lien or Date of Policy for the purpose of imparting constructive notice of
encumbrance resulting from a violation or alleged violatipn affecting matters relating to real property to purchasers for value, and without
the land has been recorded in the public records at Date of Policy, knowledge. With respect to Section 1 (a)(iv) of the Exclusions from
Ib) Any governmental police power not excluded by (a) above, Coverage, "public records" shall also include environmental protection
except to the extent that a notice of the exercise thereof or a notice liens filed in the records of the clerk of the United States District
of a defect. lien or encumbrance resulting from a violation or alleged Court for the district in which the land is located.
violation affecting the land has been recorded in the public records at (g) "unmarketability of the title": an alleged or apparent matter
Date of Policy, affecting the title to the land, not excluded or excepted from
2. 'Rights of eminent domain unless notice of the exercise thereof coverage. which would. entitleo,a purchaser of the estate or interest
has been recorded in the public records at Date of Policy, but not described in Schedule A to be released from the obligation to
excluding from coverage any taking which has occurred prior to Date purchase by virtue of a contractual condition requiring the delivery of
of Policy which would be binding on the rights of a purchaser for marketable title.
value without knowledge. 2. Continuation of Insurance After Conveyance of Title,
3, Defects, liens, encumbrances, adverse claims or other matters: , The coverage of this policy shall continue in force as of Date of
la) created, suffered. assumed 'or agreed to by the insured Policy in favor of an insured only so long as the insured retains an
claimant; estate or interest in the land, or holds an indebtedness secured by a
(b) not known to the Company, not recorded in the public purchase money mortgage given by a purchaser from the insured, or'
records at Date of Policy, but known to the insured claimant and not only so long as the insured shall have liability by reason of covenants
disclosed in writing to the Company by the insured. claimant prior to of warranty made by the insured in any transfer or conveyance of the
the date the insured claimant became an insured under this policy; estate or interest. This policy shall not continue in force in favor of '
(c) resulting in no loss or damage to the insured claimant; any purchaser from the insured of either (i) an estate or interest in
(d) attaching or creating subsequent to Date of Policy; or the land, or (ii) an indebtedness secured by a purchase money
(e) resulting in loss or damage which would not have been mortgage given to the insured.
sustained if the insured claimant had paid value for the estate or 3, Notice of Claim to be Given by Insured Claimant.
interest insured by this policy. The insured shall notify the Company promptly in writing (i) in
4. Any claim, which arises out of the transaction vesting in the case of any litigation as set forth in Section '4(a) below, (ii) in case
insured the estate or interest insured by this policy, by reason of the knowledge shall come to an insured hereunder of any claim of title or
operation of federal bankruptcy, state insolvency, or similar creditQrs' interest which is adverse to the title to the estate or interest. as
rights laws, that is ba~ed on: insured, and which might cause loss or damage for which the
(a) the transaction creating the estate or interest insured by this Company may be liable by virtue of this policy, or (iii) if title to the
policy being deemed a fraudulent conveyance or fraudulent transfer, or estate or interest, as insured, is rejected as unmarketable. If prompt
(b) the transaction creating the es1ate or interest insured by this ' notice shall not be given to the Company, then as to the insured all
policy being deemed a preferential transfer except where the liability of the Company shall terminate with regard to the matter or
preferential transfer results from the failure: matters for which prompt notice is required; provided, however, that
(i) to timely record the instrument of transfer; or failure to notify the Company shall in no case prejudice the rights of
(ii) of such recordation to impart notice to a purchaser for any insured under this policy unless the Company shall be prejudiced
value or a judgment of lien creditor, by the failure and then only to the extent of the prejudice,
CONDITIONS AND STIPULATIONS 4, Defense and Prosecution of Actions: Duty of Insured Claimant to
/, Definition of Terms, Cooperate,
The following terms when used in this policy mean: (a) Upon written request by the insured and subject to the
(a) "insured": the insured named in Schedule A, and, subject to options contained in Section 6 of these Conditions and Stipulations,
any rights or defenses the Company would have had against the the Compa~y. at its own cost and without unreasonable delay, shall
named insured, those who succeed to the interest of the named provide for the defense of an insured in litigation ,in which any third
insured by operation of law as distinguished from purchase including, party asserts a claim adverse to the title or interest as insured, but
but not limited to, heirs, distributees. devisees, survivors, personal only as to those stated causes of action alleging a defect, lien or
representatives, next of kin, or corporate or fiduciary successors. encumbrance or other matter insured against by this policy, The
(b) "insured claimant": an insured claiming loss or, damage. Company shall have the right to select counsel of its choice (subject
(c) "knowledge" or "known": actual knowledge, not to the right of the insured to object for reasonable cause) to
constructive knowledge or notice which may be imputed to an insured 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 and memoranda in the custody or control of a third party, which
" Company will not pay any fees, costs or expenses incurred by the reasonably pertain to the loss or damage, All information designated
insured in the defense of those causes of action which allege matters as confidential by the insured claimant provided to the Company
not insured against by this policy, pursuant to this Section shall not be disclosed to others unless, in
(b) The Company shall have the right. at its own cost, to the reasonable judgment of the Company, it is necessary in the
institute and prosecute any action or proceeding or to do any other administration of the claim, Failure of the insured claimant to submit
act which in its opinion may be necessary or desirable to establish for examination under oath, produce other reasonably requested
the title to the estate or interest, as insured, or to prevent or reduce information or grant permission to secure reasonably necessary
loss or damage to the insured, The Company may take any information from third parties as required in this paragraph shall
appropriate action under the terms of this policy, whether or not it terminate, any liability of the Company under this policy as to that
shall be liable hereunder, and shall not thereby concede liability or claim.
waive any provision of this policy, If the Company shall exercise its , 6, Options to Pavor Otherwise Settle Claims; Termination of
rights under this paragraph, it shall do so diligently, Liability.
(c) Whenever the Company shall have brought an action or In case of a claim under this policy, the Company shall have the
interposed a defense as required or permitted by the provisions of following additional options:
this policy, the Company may pursue any litigation to final (a) To Payor Tender Payment of the Amount of Insu'rance.
determination by a court of ~ompetent jurisdiction and expressly To payor tender payment of the amount of insurance under this
reserves the right, in its sole discretion, to appeal from any adverse policy together with any costs, attorneys' fees and expenses incurred
judgment or order, by the insured claimant, which were authorized by the Company, up to
(d) In all cases where this policy permits or requires the the time of payment or tender of payment and which the Company is
Company to prosecute or provide for the defense of any action or obligated to peiy.
" _.. _..proceeding,..thejnsu(ed,_~h<;lJ1.secure. t9 th~ ~ompany the right to_so Upon the exercise by the Company oLthis..option, .alLliability, and" ..'
prosecute or provide defense in the action or proceeding, and all obligations to the insured under this, policy, other than to make the
appeals therein, and perminhe Company to use, at its option; the payment required; shall terminate, including any liability or obligation
name of the insured for this purpose. Whenever reqUested by the to defend, prosecute, or continue any litigation, and the policy,shall
Company, the insured, at the Company's expense, shall give the be surrendered to the Company for cancellation,
Company all reasonable aid (i) in any action or proceeding, securing (b) To Payor Otherwise Settle With Parties Other than the
evidence, ,obtaining witnesses, prosecuting or defending the action or Insured or With the Insured Claimant.
proceeding, or effecting settlement, and (ii) in any other lawful act Ii) to payor otherwise settle with other parties for or in
which in the opinion of the Company may be necessary or desirable the name of an insured claimant any claim insured against under this
to establish the title to the estate or interest as insured. If the policy, together with any costs, attorneys' fees and expenses incurred
Company is prejudiced by the failure of the insured to furnish the by the insured claimant which were authorized by the Company up to
required cooperation, the CompanY's obligations to the insured under the time of payment and which the, Company' is obligated to pay; or
the policy shall terminate, including any liability or obligation to (ii) to payor otherwise settle with the insured claimant
defend, prosecute, or continue any litigation, with regard to the the loss or damage provided for under this policy, together with any
matter or matters requiring such cooperation, costs, attorneys'fees and expenses incurred by the insured claimant
5, Proof of Loss or Damage, which were authorized by the Company up to the time of payment
In addition to and after the notices required under Section 3 of and which the Company is obligated to pay.
these Conditions and Stipulations have been provided the Company, a Upon the exercise by the Company of either of the options
proof of loss or damage signed and sworn to by the insured claimant provided for in paragraphs (b)(i) or (ii), the Company's obligations to
shall be furnished to the Company within 90 days after the insured the insured under this policy for the claimed loss or damage, other
claimant shall ascertain the facts giving rise to the loss or damage, than the payments required to be made, shall terminate, including any
The proof of loss or damage shall describe the defect in, or lien, or liability or obligation to defend, prosecute or continue any litigation.
,encumbranc~ ,on the title, or other matter insuredagain'st by this 7. Determination, Extent of Liability.
policy which constitutes the basis of loss or damage and shall state, This policy is a contract of indemnity. against actual monetary
to the extent possible, the basis of calculating the amount of ,the loss
or dam~ge, If the Company is prejudiced by the'failure olthe :insured loss or damage sustained or incurred by the insured claimant who
claimant to provide the required proof of loss or damage, the, has suffered loss or damage by reason of matters insured against by
Company's obligations to the insured under the policy shall terminate, this policy and only to the extent herein described.
(al The liability of the' Company under this policy shall not
including any liability or obligation to defend, prosecute, or continue exceed the least of:
any litigation, with regardto the matter or ,matters requiring such, .' (i) the Amount of Insurance stated in Schedule A or,
proof of loss or damage, (ii) the difference between the value of the insured estate
In addition, the insured claimant may reasonably be required to'
submit 'to examination under oath by any authorized representative of or interest as insured and the value of the insured estate or interest
the Company and shall. produce for examination,. inspection aDd' , subject to the defect. lien or encumbrance insured against by this
copying, at such reasonable times and places as may be designated policy,
(b) The company will pay only those costs, attorneys' fees and
by any authorized representative of the Company, all records, books, expenses incurred in accordance with Section 4 of the Conditions and
ledgers, checks, correspondence and memoranda, whether bearing a
date before or after Date of Policy, which reasonably pertain to the Stipulations.
loss or damage. Further, if requested by any authorized representative 8. Apportionment.
of the Company, the insured claimant shall grant its permission, in If the land described in Schedule A consists of two or more
writing, for any authorized representative of the Company,to examine; parcels which are not used as a single,site, and a loss is established
inspect and copy all. records, books, ledgers, checks, correspondence affecting one or more of the parcels but not all, the loss shall be '
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, computed and settled on a pro rata basis as if the amount of If a payment on account of a claim does not fully cover the loss
insurance under this policy was divided pro rata as to the value on of the insured claimant, the Company shall be subrogated to these
Date of Policy of each separate parcel to the whole, exclusive of any rights and remedies in the proportion which the Company's payment
improvements made subsequent to Date of Policy, unless a liability or bears to the whole amount of the loss,
value has otherwise been agreed upon as to each parcel by the If loss should result from any act of the insured claimant, as
Company and the insured at the time of the issuance of this policy stated above, that act shall not void this policy, but the Company, in
and shown by an express statement or by an endorsement attached that event, shall be required to pay only that part of any losses
to this policy. insured against by the policy which shall exceed the amount, if any,
9, Limitation of Liability. lost to the Company by reason of the impairment by the insured
(a) If the Company establishes th~ title, or removes the alleged claimant of the Company's right of subrogation,
defect, lien or encumbrance, or cures the lack of a right of access to (b) , The Company's RiQhts AQainst Non-Insured ObliQors.
or from the land, or cures the claim of unmarketability of title, all as The Company's right of subrogation against non-insured obligors '
insured, in a reasonably diligent manner by any method, including shall exist and shall include, without limitation, the rights of the insured
, litigation and the completion of any appeals therefrom, it shall have to indemnities, guaranties, other policies of insurance or bonds,
fully performed its obligations with respect to that matter and shall notwithstanding any terms or conditions contained in those instruments
not be liable for any loss or damage caused thereby. ' which provide for subrogation rights by reason of this policy.
(bl In the event of any litigation, including litigation by the 14, ' Arbitration.
, Company or with the Company's consent, the Company shall have no Unless prohibited by applicable law, arbitration pursuant to,
liability for loss or damage until there has been a final determination the Title Insurance Arbitration Rules of the American Arbitration
bya court of competent jurisdiction, and disposition of all appeals Association may be demanded if agreed to by both the Company
therefrom, adverse to the title as insured. and the i,nsured. Arbitrable matters may include, but are not
(c) The Company shall not' be -liable' 'jor 'ioss-o~- dam~g'~"'to i;~y limited to, any controversy or claim betWeen the Compimy and
insured for liability voluntarily assumed by the insured ,in settling any the insured arising out of or relating to this policy, any service of
claim or suit without the prior written consent of the Company. ' the Company in connection with its issuance or the ~reach of a
10. Reduction of Insurance; Reduction or Termination of Liability. policy provision or other obligation, Arbitration pursuant to this
All payments under this policy, except payments made for costs, ' policy and un~er the Rules in effect on the date the demand for
, attorneys' fees and expenses, shall reduce the amount of the arbitration is made or, at the option of the' insured, the Rules in
insurance pro tanto. effect at Date of Policy shall be binding upon the parties. The
11. Liability Non-cumulative. award may include attorneys' fees only if the laws of the state in
.It is expressly understood that the amount of insurance under which the land is located pennit 'a court to award attorneys' fees
this policy shall be reduced by any amount the Company may pay to a prevailing party, Judgment upon the award rendered by the
under any policy insuring a mortgage to which exception is taken in Arbitrator(s) may be entered in any court having jurisdiction
Schedule B or to which the insured has agreed, assumed, or taken thereof.
subject. or which is hereafter executed by an insured 'and which is a The law of the situs of the land shall apply to an
charge or lien on the estate or interest described or referred to in arbitration under the Title Insurance Arbitration Rules.
Schedule A, and the amount so paid shall be deemed a payment A copy of the Rules may be obtained from the Company
under this policy to the insured owner, upon request.
12. Payment of Loss, ' 15. Liabililty Limited to this Policy; Policy Entire Contract.
(a) This policy together with all endorsements. if any, attached
(a) No payment shall be made without producing this policy hereto by the Company is the entire policy and contract between the
for endorsement of the payment unless the policy has been lost or
destroyed, in which case proof of loss or destruction shall be insured and the Company, In interpreting any provision of this policy,
furnished to the satisfaction of the Company, this policy shall be construed as a whole.
(b) When liability and the extent of loss or damage ,has been (b) Any claim of loss or damage, whether or not based on
definitely fixed in accordance with these Conditions and Stipulations, negligence, and which arises out of the status of the title to the
the loss or damage shall be payable within 30 days thereafter. estate or interest covered hereby or by any action asserting such
claim, shall be restricted to this policy.
13. Subrogation Upon Payment or Settlement, (c) No amendment of or endorsement to this policy can be made
(a) The Company's Right of Subrogation. except by a writing endorsed hereon or attached hereto signed by either
Whenever the Company shall have settled and paid a claim the President, a Vice President. the Secretary, an Assistant Secretary, or
under this policy, all right of subrogation shall vest in the Company validating officer or authorized signatory of t~e Company.
unaffected by any act of the insured claimant.
The Company shall be subrogated to and be entitled to' all 16. Severability.
rights and remedies which the insured claimant would have had In the event any provision of the policy is held invalid or
against any person or property in respect to the claim had this policy unenforceable under applicable law, the policy shall be deemed not to
not been issued. If requested by the Company, the insured claimant include that provision and all other provisions shall remain in full
shall transfer to the Company all rights and remedies against any force and effect.
person or property necessary in order to perfect this right of 17. Notices, Where Sent.
subrogation. The insured claimant shall 'permit the Company to sue, All notices required to be given the Company and any statement in
compromise or settle in the name of the insured claimant and to use writing required to be furnished the Company shall include the number of
the name of the insured claimant in any transaction or litigation this policy and shall be addressed to the Company at its home office,
involving these rights or remedies, 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111,
.
.
.
.
~
SCHEDULE A
OWNER'S POLICY
SCHEDULE A
AGENT FILE NUMBER: 1193 POLICY NUMBER: SDC 419968
ORT FILE NUMBER: 04123642 AMOUNT: $ 11,360.00
\
1, Policy Date: February 2, 2005 at 2:49 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, a Florida municipal corporation.
_.' ~ ......-<5....... ._'"'.....~-_..'- ..,. .--.
3. The land referred to in this Policy is situated in the County of Seminole, State of Florida, and
described as follows:
That part of the Unnumbered Lot in Block "B," D.R. MITCHELL'S SURVEY OF THE LEVY
GRANT ON LAKE JESSUP, as recorded in Plat Book 1, Page 5, of the Public Records of
Seminole County, Florida, more particularly described as follows:
Commence at the Northwest corner of said Lot 28, Block "B," D.R. MITCHELL'S SURVEY
OF THE LEVY GRANT ON LAKE JESSUP, as recorded in said Public Records said point
being a recovered 3/4 inch iron pipe; thence run S 18058'28" W along the West line of said
Lot 28 a distance of 720.17 feet; to the North Right of Way line of First Street (a 30 foot
unopened right of way); thence run S 71024'05" E along said North right of waY.line for a
distance of 423.48 feet; thence S 65037'18" W a distance of 44.01 feet to the South Right of
Way line of said First Street thence run South 51024'55" West, a distance of 96.80 to the
POINT OF BEGINNING; thence continue South 51024'05" West a distance of 147.60 feet
to the Northeasterly Right of Way line of State Road 434 per Florida Department of
Transportation Right of Way Map Section 77070-2516; thence N 38043'16" W a distance of
20.03 feet; thence departing said right-of-way line South 83034'06" East a distance of 14.18
feet; thence North 51024'55" East, a distance of 137.62; thence South 38035'05" East, a
'distance of 10.00 feet to the POINT OF BEGINNING.
THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED.
~
"
SCHEDULE B
AGENT FILE NUMBER: 1193 POLICY NUMBER: SDC 419968
ORT FILE NUMBER: 04123642
This policy does not insure against loss or damage by reason of the following:
1 . Construction, Mechanic's, Contractor's or Materialmen's lien claims, if any, where no notice thereof
appears of record.
2 Easements or claims of easements not shown by the public records.
3. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands
~. . _ '_r-.h.' '" ..~..LI}~HJ~e.9..b~reunder, including submerged, filled and artificially exposed lands and land~ ~~~r~ted!o. _ d." ~._
such lands.
4. State road right reservations, if any,
5. Oil, gas and mineral right reservations, if any.
6. General or special taxes and assessments required to be paid in the year 2005 and subsequent
years, Parcel 10 No.: 26-20-30-5AR-OBOO-00U1
7. Any lien provided byChapter 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.
8, Matters of the Plat of the DR MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP,
Plat Book 1, Page 5, Public Records of Seminole County, Florida,
9. Facts which would be disclosed by an accurate and comprehensive survey of the premises herein
described.
10. Rights or claims of parties in possession.
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