HomeMy WebLinkAboutBlumberg, Lewis and Juanita D. Affifdavit of No Liens (Buyer) -2002 05 01AFFIDAVIT OF NO LIENS
(Buyer)
STATE OF FLORIDA
COUNTY OF SEMINOLE
BEFORE ME, the undersigned authority authorized to take oaths and administer
acknowledgments, personally appeared RONALD W. MCLEMORE, City Manger of THE
CITY OF WINTER SPRINGS, FLORIDA, (hereinafter "Affiant"), who duly sworn under
penalties of perjury, deposes and states as follows:
1. Affiant, RONALD W. MCLEMORE, is the authorized representative for the purchaser
of the property described in the Old Republic National Title Insurance Company
Commitment attached hereto and incorporated by reference, bearing Commitment No.
02031413, and as such has personal knowledge of the matters noted herein.
2. Affiant is 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 Affiant are entitled to the right of possession or are in
possession of the land, and that the Affiant's right to title and possession of the land is not
in dispute or question.
4. Affiant have no present intention of filing bankruptcy under the U.S. Code, or insolvency
under any state statutes, and is not currently in bankruptcy or the subject of a state
insolvency statute.
5. To the best of Affiant's knowledge, 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. Affiant is 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, and that in its normal course of business may
be called upon to issue additional title insurance policies. Affiant does 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 inaccuracies 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. Buyer 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. Buyer 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
made in an instrument of this nature. Buyer has read, or heard read, the full facts of this
Affidavit and understands its context.
Affiant has caused this Affidavit to be executed this day of May, 2002.
AFFIANT:
CITY OF WINTER SPRINGS, FLORIDA,
a Florida Municipal Corporation
STATE OF FLORIDA
COUNTY OF SEMINOLE
B RONALD W. MCLEMOR~;;yCit :Nd~na r ~.
Y~ y gS
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County
aforesaid to take acknowledgments, personally appeared Ronald W. McLemore, City Manager, City of Winter
Springs, Florida, 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 May, 2002.
(Notary Seal)
NOTARY PUBLIC
My Commission Expires:
2
FILE NO. 02031413
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
1971 LEE ROAD
WINTER PARK, FL 32789
Phone: (407)647-1915
Fax: (407)647-1735
Agent File Number: 1193 Commitment No.
ORT File Number: 02031413
SCHEDULE A
1) Effective Date: March 11, 2002 at 5:00 PM
2) Policy or Policies to be issued:
Amount:
a) ALTA Owners Policy Standard Form B 1992 STBD
(amended 10/17/92 with Florida Modifications)
Proposedlnsured:
CITY OF WINTER SPRINGS, FLORIDA
b) ALTA Standard Loan Policy 1992
(amended 10/17/92 with Florida Modifications)
Proposedlnsured:
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:
LEWIS BLUMBERG and JUANITA D. BLUMBERG, his wife
5) The land referred to in this Commitment is described as follows:
That part of Lot 28, 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 ~Y. inch iron pipe; thence run South 71°24'38" East along the North line of said Lot
28 a distance of 273.41 feet to the Point of Beginning; thence continue South 71°24'38" East
for a distance of 60.00 feet; thence South 18°35'55" West for a distance of 455.13 feet; thence
South 15°23'58" East for a distance of 81.26 feet; thence South 29°07'50" East for a distance of
160.12 feet; thence North 71°24'05" West for a distance of 78.57 feet; thence South 18°35'55"
West for a distance of 90.00 feet, to the North right-of~way line of First Street (30' right-of-way);
thence North 71°24'05" West along said North right-of-way line for a distance of 13.00 feet;
thence North 18°35'55" East for a distance of 92.16 feet, thence North 29°07'50" West for a
distance of 98.13 feet, thence North 15°23'58" West for a distance of 106.82 feet, thence North
18°35'55" East for a distance of 473.47 feet to the Point of Beginning.
This Commitment valid only if Schedule B is attached.
ORDOCS COMMITMENT COMM SUBDIVISION MF'01149
FILE NO. 02031413
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:
1. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date the proposed
Insured acquires for value of record the estate or interest or mortgage thereon covered by this
Commitment.
2. Facts which would be disclosed by an accurate and comprehensive survey of the premises herein
described.
3. Rights or claims of parties in possession.
4. Construction, Mechanic's, Contractors' or Materialmen's lien claims, 'rf any, where no notice thereof
appears of record.
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.
No (s).: 26-20-30-5AR-0800-0280
10. Matters of the Plat of the D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP,
Plat Book 1, Page 5, Public Records of Seminole County, Florida.
11. Public Recreational Easement recorded in O.R. Book 4101, Page 1025, Public Records of Seminole
County, Florida.
12. Public Utility Easement recorded in O.R. Book 4046, Page 896, Public Records of Seminole County,
Florida.
13. Ordinance recorded in O.R. Book 1886, Page 288, Public Records of Seminole County, Florida.
TAX INFORMATION:
PARCEL NO.: 26-20-30-5AR-0800-0280
2001 Taxes PAID in the gross amount of $1,625.74 and WAS NOT homestead.
Taxes DO include more land than subject premises.
ORDOCS COMMITMENT COMM SUBDIVISION MF01149
FILE NO. 02031413
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 LEWIS BLUMBERG and JUANITA D. BLUMBERG, husband and wife, to
THE CITY OF WINTER SPRINGS, FLORIDA, a Florida municipality, conveying the property
described in Schedule 'A" herein.
SCHEDULE B SECTION II IS CONTINUED ON AN ADDED PAGE
ORDOCS COMMITMFN'T COMM SUBDIVISION MF(11149