HomeMy WebLinkAboutFuhrman, Randy & Jennifer -2011 08 12`' I�NNIN�M�NNNwNNIN�NNIMrN�I�
MAR1fA M WW CLERK W CIRCUIT CQUIT
SBUNME CMWY
BK 0763P PIS 1693 — 1693; QNS)
Prepared by and return to: CLERK' S 0 M 1 099253
Robin G. Drage, Esq. RECORDED 09116M11 09s11t38 AN
Brown, Garganese, Weiss & D'Agresta, P.A. Rcro in FEES 27.00
P.O. Box 2873 RECORDED BY T Slith
Orlando, FL 32801 -2873
PARTIAL RELEASE OF MORTGAGE
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, WELLS FARGO BANK, N.A., a national banking association
( "Mortgagee ") is the owner and holder of that certain Mortgage and Security Agreement
executed in its favor by RANDY A. FURHMAN and JENNIFER A. FUHHMAN, husband and
wife, ( "Mortgagor "), recorded on September 3, 2010 in Official Records Book 7440, Page 1648
et seg; (the "Mortgage "), securing that certain promissory note described in the Mortgage, and
certain premises and obligations set forth in said Mortgage, encumbering the property situate in
Seminole County, Florida more particularly described in the Mortgage (the "Property"); and
WHEREAS, Mortgagee now desires to release a portion of the Property from the lien and
effect of the Mortgage.
NOW, THEREFORE, for and in consideration of the sum of $10.00 and for other good
and valuable considerations, the receipt and sufficiency of which are hereby acknowledged,
Mortgagee hereby releases and discharges from the lien and effect of the Loan Documents, that
part of the Property described as follows:
SEE EXHIBIT "A" ATTACHED HERETO.
PROVIDED, HOWEVER, that nothing herein contained shall in anywise impair, alter or
diminish the effect, lien or encumbrance of the Mortgage as to the balance of the Property not
hereby released therefrom, or any of the rights of the holder of the Mortgage.
IN WITNESS WHEREOF, Mortgagee has caused these presents to be executed in
manner and form sufficient to bind it this a+h day of ��s ' 2011.
I
(print)
Amber Rippeon
(print)
STATE OF MARYLAND
COUNTY OF FREDERICK
WELLS FARGO BANK, N.A.
Title Vice President
Address: 8480 StageCoach Circle
Frederick, MD 21701
The foregoing instrument was
acknowledged
before me this I ]j*
day of
2011, by Lorna L. Slaughter
the Vice President
of
' WELLS FARGO BANK, N.A., (check
one) 9 who is
personally known to me or
❑ who
produced
as identification.
NptAR , 9�
Notary Public
'�RIMDH.�
y „m � 10r s Print Name C l (2 kr i Q �� ` +r
My Commission expires: ('g -IC _ Z- 1!�S
2
Xi
'i
EXHIBIT "A"
That part of:
Lot 79, THE RESERVE AT TUSCAWILLA, PHASE II, according to the plat thereof as
recorded in Plat Book 50, Pages 3 through 9, inclusive, of the Public Records of Seminole
County, Florida.
described as follows:
Commence at the Southeast corner of Tract "A ", The Reserve at Tuscawilla, Phase 1,
according to the plat thereof, as recorded in Plat Book 48, Pages 31 through 40, inclusive,
of the Public Records of Seminole County, Florida; thence run South 88 0 36 1 23" West along
the South line of said Tract "A" a distance of 154.19 feet to the Southwest corner of said
Tract "A "; thence departing said South line, run North 01 0 23 1 37" West along the West line
of said Tract "A" a distance of 329.07 feet to a point on the existing Southerly right of way
line of State Road 434 as shown Florida Department of Transportation Right of Way Map
Section 77070 -2517, said point also being a point on a non- tangent curve concave Northerly
having a radius of 2988.40 feet and a chord bearing of North 86 °51'12" West; thence
departing said West line, from a tangent bearing of North 87 °27'01" West, run Westerly
along said existing Southerly right of way line and the arc of said curve through a central
angle of 01 0 11'37" a distance of 62.26 feet to the end of said curve; thence departing said
curve, run North 03 °44'36" East radial to the aforesaid curve and continuing along said
existing Southerly right of way line a distance of 5.00 feet to the beginning of a non - tangent
curve concave Northerly and concentric with the aforesaid curve having a radius of
2983.40 feet and a chord bearing of North 85 0 50'14" West; thence from a tangent bearing
of North 86 1 15'24" West, continue Westerly along said existing Southerly right of way line
and along the are of said curve through a central angle of 00 ° 50'19" a distance of 43.66 feet
to a point on the East line of Lot 79, The Reserve at Tuscawilla, Phase II, according to the
plat thereof, as recorded in Plat Book 50, Pages 3 through 9, inclusive, of the Public
Records of Seminole County, Florida for a Point of Beginning; thence continue Westerly
along said existing Southerly right of way line and along the arc of said curve through a
central angle of 01 0 10'56" a distance of 61.56 feet to the end of said curve; thence departing
said curve, run South 88 1 35'37" West continuing along said existing Southerly right of way
line a distance of 38.14 feet to the beginning of a non - tangent curve concave Northerly and
concentric with the aforesaid curve having a radius of 2988.40 feet and a chord bearing of
South 84 0 28'09" East; thence departing said existing Southerly right of way line from a
tangent bearing of South 83 0 30 1 37" East, run Easterly along the arc of said curve through
a central angle of 01 °55'04" a distance of 100.03 feet to a point on the aforesaid East line of
Lot 79; thence departing said curve, run North 01 West along said East line a
distance of 5.03 feet to the Point of Beginning.
3
AFFIDAVIT OF NO LIENS
(Seller)
STATE OF FLORIDA
COUNTY OF ORANGE
BEFORE ME, the undersigned authority authorized to take oaths and administer
acknowledgments, personally appeared RANDY A. FUHRMAN and JENNIFER A. FUHRMAN,
( "Affiants "), who duly sworn under penalties of perjury, depose and state as follows:
1. Affiants represent that they are currently the fee simple owners of the property described in
the Old Republic National Title Insurance Company Commitment attached hereto as Exhibit
"A" and incorporated by reference, and they have personal knowledge of the matters noted
herein.
2. Affiants are aware ofno defects, liens, encumbrances, or other adverse matters affecting title,
other than those disclosed in the attached Commitment.
3. That no persons or entities other than Affiants are entitled to the right of possession or are
in possession of the land, and that Affiants' rights to title and possession of the land are not
in dispute or question, and there are no tenancies, leases, or other occupancies that affect the
property.
4. There are no disputes concerning the location of the boundary lines of the property and there
are no easements or claims of easements not shown by the public records.
5. There are no outstanding or unpaid taxes, assessments, fees, or obligations of any nature,
owed to any governmental authority at this time (pending or certified), or any unpaid or
unsatisfied mortgages, claims of lien or other matters that constitute or could constitute a lien
or encumbrance against the property or any improvements on it or any part of it or against
any personal property located on it other than real property ad valorem taxes for the current
year.
6. That there are no actions, proceedings, judgments, liens or executions against said owner in
any court remaining unpaid which affect the property; that there are no suits pending against
said owner in any court.
7. Affiants are not part of any bankruptcy proceeding 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.
8. 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.
9. Affiants have not and will not execute any instrument or do any act whatsoever which could
or might in any way affect the title to the foregoing property to the detriment of the CITY OF
WINTER SPRINGS, which is purchasing the property from Affiant.
10. That said Affiants recognize that some of the purposes of this affidavit are to induce the
CITY OF WINTER SPRINGS to purchase said property.
11. Affiants are aware that Old Republic National Title Insurance Company and Brown,
Garganese, Weiss & D'Agresta, P.A., are relying upon this Affidavit to issue a title
insurance policy in accordance with the aforesaid Commitment. Affiants do hereby
indemnify and hold harmless Old Republic National Title Insurance Company and Brown,
Garganese, Weiss & D'Agresta, P.A., against any loss or damage, including reasonable
attorneys' fees and costs, through all appellate proceedings, caused as a result of any material
false statements contained in this Affidavit.
12. This Affidavit is given for the purpose of clearing any possible questions or objections to the
title to the above referenced property, and for the purpose of inducing Brown, Garganese,
Weiss & D'Agresta, 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.
13. Affiants are 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. Affiants have read, or heard read, the full facts of this Affidavit
and understand its context.
Affiants have caused this Affidavit to be ; cuted this 15th day ept er, 2011.
"RANIDIVA. FUHRMAN
IFER A. FUHRMAN
SWORN TO AND SUBSCRIBED before me this 15th day of September, 2011, by RANDY
A. FUHRMAN and JENNIFER A. FUHRMAN who have produced a Florida drivers license as
identification.
NO ARY PgbLIC
Print name:
My Commission Expires:
NANCY A HAM
:.: MY COMMISSION N EE 039728
{= EXPIRES: November 16, 2014
Bonded Thtu Notary Pw* Underwriters
G:\Docs \City of Winter Springs\Real Estate Closings\Fuhmian SR434 Decel Lane\Closing Docs\Seller_AffidavitNo
Page 2 of 2
FILE NO. 10054692
Commitment for Title Insurance
(with Florida Modifications)
Issued By Old Republic National Title Insurance Company
Old Republic National Title Insurance Company, a Minnesota corporation ( "Company "), for a valuable consideration, commits to
issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as
owner or mortgagee of the estate or interest in the Land described or referred to in Schedule A, upon payment of the premiums and
charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this
Commitment.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Date or when the
policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the
fault of the Company.
The company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by an authorized office of the Company or an agent of the
Company.
IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by
its duly authorized officers on the date shown in Schedule A.
Issued through the Office of:
BROWN GARGANESE WEISS &
YAGRESTA PA
111 N. ORANGE AVENUE #2000
ORLANDO, F 28022873
Phone: 407A25-9566
Adthorizi 'Signature
OLD NEPUBUC NA110NAL TITLE IMSMIR MBE CO MiPAMY
A Shxk C wrlo ny
dG7Sacru�l�ruee SouM�. Atktnesipo[i� A�in�acta S54it1
�1?J371 -t 1 t t
F j
ORT Form 4308FL
ALTA Commitment for Title Insurance 06106
FILE N0.10054692
CONDITIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B
hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for
any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose
such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise
acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option
may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under
the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in
undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or
(c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability
exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring
provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the
proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly
modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the
condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the
Company whether or not based on negligence arising out of the status of the title to the estate or interest or the status of the
mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment.
5. The policy to be issued will contain the following arbitration clause: 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 at the time of the controversy or claim. 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, and 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 Arbitrators) 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
ORT Form 4308FL
ALTA Commitment for Title Insurance 06/06
Old Republic National Title Insurance Company
2300 Maitland Center Parkway #140
Maitland, Florida 32751
Revised Date: July 20, 20117:49 am
SCHEDULE A
FILE NO.: 10054692 JAR
Agent File # 1193
County: Seminole
1. Effective Date: July 15, 2011 at 8:00 A.M.
2. Policies to be Issued:
(a) ALTA 2006 OWNER'S POLICY
(with Florida Modifications)
Proposed Insured:
To be determined
(b) ALTA 2006 LOAN POLICY
(with Florida Modifications)
Proposed Insured:
N/A
Proposed Amount of Insurance:
Amount: $8,100.00
Amount: N/A
Premium: $
3. The estate or interest in the land described or referred to in this Commitment is Fee Simple.
4. Title to the Fee Simple estate or interest in the land is at the Effective Date vested in:
Randy A. Fuhrman and Jennifer A. Fuhrman, husband and wife
5. The land referred to in this Commitment is described as follows:
See Attached Legal Description
ALTA COMMITMENT Page I
FILE NO.: 10054692
SCHEDULE B - SECTION I
REQUIREMENTS
Requirements:
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 Randy A. Fuhrman and Jennifer A. Fuhrman, husband and wife, to the proposed
insured.
Other instruments which must be properly executed, delivered and duly filed for record, and/or other matters
which must be furnished to the company:
a) Release of the subject property from that certain Mortgage from Randy A. Fuhrman and Jennifer A.
Fuhrman to Wells Fargo Bank, N.A., dated August 13, 2010, and recorded in O.R. Book 7440, page 1648.
b) Furnish proof, satisfactory to the Company, from the Homeowners Association that all association fees and
assessments have been paid in full, and that there are no delinquencies.
c) All approvals from the Developer or the Homeowners Association as provided in the Declaration of
Covenants, Conditions, Easements and Restrictions for The Reserve at Tuscawilla.
NOTE: All recording references in this commitment/policy shall refer to the Public Records of Seminole
County, unless otherwise noted.
SCHEDULE B SECTION lI IS CONTINUED ON AN ADDED PAGE
ALTA COMMITMENT Page 2
FILE NO.: 10054692
SCHEDULE B - SECTION lI
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:
Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or
attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the
estate or interest or mortgage thereon covered by this Commitment.
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term "encroachment: includes encroachments
of existing improvements located on the Land onto adjoining land, and encroachments on the Land of existing
improvements located on adjoining land.
3. Rights or claims of parties in possession.
4. Construction, Mechanic's, Contractors' or Materialmen's lien claims, if any, where no notice thereof appears of
record.
Easements or claims of easements not shown by the public records.
General or special taxes and assessments required to be paid in the year 2010 and subsequent years.
7. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured
hereunder, including submerged, filled or artificially exposed lands and lands accreted to such lands.
8. State road right reservations(s), if any.
Oil, gas and mineral right reservations, if any.
10. Any lien provided by County Ordinance or by Ch. 159, F.S., in favor of any city, town, village or port authority,
for unpaid service charges for services by any water systems, sewer systems or gas systems serving the land
described herein; and any lien for waste fees in favor of any county or municipality.
11. All matters contained on the Plat of The Reserve at Tuscawilla Phase Il, as recorded in Plat Book 50, pages 3 to 9,
inclusive.
12. General Bill of Sale and Assignment recorded in O.R. Book 1952, page 299.
13. Final Order Approving Settlement Agreement and Amendment to Annexation Ordinance No. 64, The
Tuscawilla Planned Unit Development, Master Plan for The Tuscawilla Planned Unit Development and
Related Matters recorded in O.R. Book 2243, page 1508.
14. Ordinance No. 489 of the City of Winter Springs recorded in O.R. Book 2277, page 464.
15. Settlement Agreement and Amendment to Annexation Ordinance No. 64, The Tuscawilla Planned Unit
Development, Master Plan for The Tuscawilla Planned Unit Development and Related Matters recorded in
O.R. Book 2277, page 469.
16. Declaration of Covenants, Conditions, Easements and Restrictions recorded in O.R. Book 2853, page 1055;
Supplemental Declaration and Amendment recorded in O.R. Book 2999, page 18.
17. Impact Fee Credit Agreement recorded in O.R. Book 2927, page 1467.
18. Cable Television Installation and Service Agreement recorded in O.R. Book 2989, page 736.
ALTA COMMITMENT Page 3
FILE NO.: 10054692
19. Subject to a 10 foot planting and screening easement in favor of The Reserve at Tuscawilla Community
Association, Inc., and a 5 foot utility easement in favor of the public, St. Johns River Water Management
District and The Reserve at Tuscawilla Community Association, Inc., along the side lot lines pursuant to the
plat of The Reserve at Tuscawilla, Phase II, recorded in Plat Book 50, Pages 3 -9, Public Records of Seminole
County, Florida.
20. Subject to the Developer's limited partners' consent regarding lot subdivision as required by Article 7.3 of the
Declaration of Covenants, Conditions, Easements and Restrictions for The Reserve at Tuscawilla, recorded in
O.R. Book 2853, Page 1055, Public Records of Seminole County, Florida.
TAX INFORMATION
Parcel No. 06 -21 -31 -504- 0000 -0790
2010 taxes paid in the gross amount of $7,955.36.
Homestead and additional exemptions.
No delinquent taxes.
ALTA COMMITMENT Page 4
FILE NO.: 10054692
EXHIBIT A
That part of:
"Lot 79, THE RESERVE AT TUSCAWILLA, PHASE II, according to the plat thereof as recorded in Plat
Book 50, Pages 3 through 9, inclusive, of the Public Records of Seminole County, Florida."
described as follows:
Commence at the Southeast corner of Tract "A ", The Reserve at Tuscawilla, Phase 1, according to the plat
thereof, as recorded in Plat Book 48, Pages 31 through 40, inclusive, of the Public Records of Seminole County,
Florida; thence run South 88 1 36'23" West along the South line of said Tract "A" a distance of 154.19 feet to the
Southwest corner of said Tract "A "; thence departing said South line, run North 01 West along the
West line of said Tract "A" a distance of 329.07 feet to a point on the existing Southerly right of way line of
State Road 434 as shown Florida Department of Transportation Right of Way Map Section 77070 -2517, said
point also being a point on a non - tangent curve concave Northerly having a radius of 2988.40 feet and a chord
bearing of North 86 °51'12" West; thence departing said West line, from a tangent bearing of North 87 °27
West, run Westerly along said existing Southerly right of way line and the arc of said curve through a central
angle of 01 a distance of 62.26 feet to the end of said curve; thence departing said curve, run North
03 1 44'36" East radial to the aforesaid curve and continuing along said existing Southerly right of way line a
distance of 5.00 feet to the beginning of a non - tangent curve concave Northerly and concentric with the
aforesaid curve having a radius of 2983.40 feet and a chord bearing of North 85 0 50'14" West; thence from a
tangent bearing of North 86 1 1524" West, continue Westerly along said existing Southerly right of way line and
along the arc of said curve through a central angle of 00 1 50'19" a distance of 43.66 feet to a point on the East
line of Lot 79, The Reserve at Tuscawilla, Phase II, according to the plat thereof, as recorded in Plat Book 50,
Pages 3 through 9, inclusive, of the Public Records of Seminole County, Florida for a Point of Beginning;
thence continue Westerly along said existing Southerly right of way line and along the are of said curve
through a central angle of 01 a distance of 61.56 feet to the end of said curve; thence departing said
curve, run South 88 0 35 1 37" West continuing along said existing Southerly right of way line a distance of 38.14
feet to the beginning of a non - tangent curve concave Northerly and concentric with the aforesaid curve having
a radius of 2988.40 feet and a chord bearing of South 84 °28 East; thence departing said existing Southerly
right of way line from a tangent bearing of South 83 0 30 1 37" East, run Easterly along the arc of said curve
through a central angle of 01 a distance of 100.03 feet to a point on the aforesaid East line of Lot 79;
thence departing said curve, run North 01 West along said East line a distance of 5.03 feet to the Point
of Beginning.
ALTA COMMITMENT Page 5
SELLER RANDY A. FUHRMAN and JENNIFER A. FUHRMAN
BUYER CITY OF WINTER SPRINGS, FLORIDA
PROPERTY
DESCRIPTION A Portion of Lot 79, The Reserve at Tuscawilla, Phase II, PB 50,
Page 3, Seminole County, Florida (see Exhibit "A" attached)
CLOSING DATE September 15, 2011
FURTHER ASSURANCES AGREEMENT
For and in consideration of the Closing Agent disbursing proceeds of this Sale, and in order to insure
the accuracy of settlement statements, deeds, mortgages and other documents of closing in this transaction,
the undersigned do mutually agree to cooperate, adjust, initial, re- execute and re- deliver any and all closing
documents if deemed necessary or desirable in the reasonable discretion of Closing Agent. It is the intention
of the undersigned that all documentation for this transaction and all payments or disbursements made shall
be an accurate reflection of the parties' agreement; that each party should pay all costs and expenses
contemplated by their agreement and/or dictated by custom and usage in this area.
The undersigned do hereby agree and covenant to assure that this transaction and its documentation
will conform to the parties' agreement and it is understood that Closing Agent will rely upon this agreement
and the covenants herein in closing this transaction.
Further, for services performed pursuant to this Agreement, SELLER and BUYER each agree to the
fullest extent permitted by law, to indemnify and hold harmless the Closing Agent and its employees,
officers, and attorneys from and against all claims, losses, damages, or liability (including reasonable
attorneys' fees through any and all administrative, trial, post judgment and appellate proceedings), directly
or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or
resulting from the failure of either party to meet its obligation under this agreement.
In the event additional documents are required to be executed or revised to complete the terms and
conditions of the closing, Buyer and Seller agree to cooperate with each other and Brown, Garganese, Weiss
& D'Agresta, P.A.
WITNESSES:
Ce1 Mt ewt`-p- Reisdo filil
(print)
", 6 . C6�
a n
(print)
SELLER:
R dy A. Fuhrman
Q.�
� Anifer A. hrman
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
2011 y Randy A. F and Jennifer A. Fuhrman (check one)
❑ who are personally known to me orRwho produced 1 ''C:a
as identification.
Q (J1,11
4NTT RY PU IC rnt name:
My Commission Expires:
I ?'► "�, NANCY A. HAM
r•; r ;.MMISSION # EE 030728
'' y L • £r November 16 d 2014
G:\Docs \City of Winter Springs\Real Estate ClosingsTuhrman SR434 Decel Lane \Closing DocsTurther Assurance Seller.wpd
Page 2 of 3
0
EXHIBIT "A"
That part of:
"Lot 79, THE RESERVE AT TUSCAWILLA, PHASE II, according to the plat thereof as
recorded in Plat Book 50, Pages 3 through 9, inclusive, of the Public Records of Seminole
County, Florida."
described as follows:
Commence at the Southeast corner of Tract "A ", The Reserve at Tuscawilla, Phase 1,
according to the plat thereof, as recorded in Plat Book 48, Pages 31 through 40, inclusive,
of the Public Records of Seminole County, Florida; thence run South 88 1 36'23" West along
the South line of said Tract "A" a distance of 154.19 feet to the Southwest corner of said
Tract "A "; thence departing said South line, run North 01 1 23'37" West along the West line
of said Tract "A" a distance of 329.07 feet to a point on the existing Southerly right of way
line of State Road 434 as shown Florida Department of Transportation Right of Way Map
Section 77070 -2517, said point also being a point on a non - tangent curve concave Northerly
having a radius of 2988.40 feet and a chord bearing of North 86 °51 West; thence
departing said West line, from a tangent bearing of North 87 0 27 1 01" West, run Westerly
along said existing Southerly right of way line and the arc of said curve through a central
angle of 01 0 11'37" a distance of 62.26 feet to the end of said curve; thence departing said
curve, run North 03 0 44'36" East radial to the aforesaid curve and continuing along said
existing Southerly right of way line a distance of 5.00 feet to the beginning of a non - tangent
curve concave Northerly and concentric with the aforesaid curve having a radius of
2983.40 feet and a chord bearing of North 85 1 50'14" West; thence from a tangent bearing
of North 86 °15'24" West, continue Westerly along said existing Southerly right of way line
and along the arc of said curve through a central angle of 00 0 50 1 19" a distance of 43.66 feet
to a point on the East line of Lot 79, The Reserve at Tuscawilla, Phase II, according to the
plat thereof, as recorded in Plat Book 50, Pages 3 through 9, inclusive, of the Public
Records of Seminole County, Florida for a Point of Beginning; thence continue Westerly
along said existing Southerly right of way line and along the arc of said curve through a
central angle of 01 1 10'56" a distance of 61.56 feet to the end of said curve; thence departing
said curve, run South 88 1 35'37" West continuing along said existing Southerly right of way
line a distance of 38.14 feet to the beginning of a non - tangent curve concave Northerly and
concentric with the aforesaid curve having a radius of 2988.40 feet and a chord bearing of
South 84 °28'09" East; thence departing said existing Southerly right of way line from a
tangent bearing of South 83 1 30'37" East, run Easterly along the arc of said curve through
a central angle of 01 °55'04" a distance of 100.03 feet to a point on the aforesaid East line of
Lot 79; thence departing said curve, run North 01 °23'37" West along said East line a
distance of 5.03 feet to the Point of Beginning.
Page 3 of 3
SELLER RANDY A. FUHRMAN and JENNIFER A. FUHRMAN
BUYER CITY OF WINTER SPRINGS, FLORIDA
PROPERTY
DESCRIPTION A Portion of Lot 79, The Reserve at Tuscawilla, Phase H, PB 50,
Page 3, Seminole County, Florida (see Exhibit "A" attached)
CLOSING DATE September 15, 2011
FURTHER ASSURANCES AGREEMENT
For and in consideration of the Closing Agent disbursing proceeds of this Sale, and in order to insure
the accuracy of settlement statements, deeds, mortgages and other documents of closing in this transaction,
the undersigned do mutually agree to cooperate, adjust, initial, re- execute and re- deliver any and all closing
documents if deemed necessary or desirable in the reasonable discretion of Closing Agent. It is the intention
of the undersigned that all documentation for this transaction and all payments or disbursements made shall
be an accurate reflection of the parties' agreement; that each party should pay all costs and expenses
contemplated by their agreement and/or dictated by custom and usage in this area.
The undersigned do hereby agree and covenant to assure that this transaction and its documentation
will conform to the parties' agreement and it is understood that Closing Agent will rely upon this agreement
and the covenants herein in closing this transaction.
Further, for services performed pursuant to this Agreement, SELLER and BUYER each agree to the
fullest extent permitted by law, to indemnify and hold harmless the Closing Agent and its employees,
officers, and attorneys from and against all claims, losses, damages, or liability (including reasonable
attorneys' fees through any and all administrative, trial, post judgment and appellate proceedings), directly
or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or
resulting from the failure of either party to meet its obligation under this agreement.
In the event additional documents are required to be executed or revised to complete the terms and
conditions of the closing, Buyer and Seller agree to cooperate with each other and Brown, Garganese, Weiss
& D'Agresta, P.A.
BUYER:
/- Y
V %--
(print)
e i
CITY OF WINTER SPRIN LORIDA
By:
in L. Smi , City Manager
(print)
i
STATE OF FLORIDA
COUNTY OF SEMINOLE
The fore oing instrument was acknowledged before me this �� day of
, 2011, by KEVIN L. SMITH, City Manager of the City of Winter
Springs, Florida, who is personally known to me.
Print name:
My Commission Expires:
DANIELLE M. HARKER
;.=
MY COMMISSION k EE 062248
EXPIRES: April 15, 2015
Bonded Thru Notary Public Undem tters
G:\Docs \City of Winter Springs\Real Estate ClosingsWuhrman SR434 Decel Lane \Closing DocsTurther Assurance Buyer.wpd
Page 2 of 3
1
1
EXHIBIT "A"
That part of:
"Lot 79, THE RESERVE AT TUSCAWILLA, PHASE II, according to the plat thereof as
recorded in Plat Book 50, Pages 3 through 9, inclusive, of the Public Records of Seminole
County, Florida."
described as follows:
Commence at the Southeast corner of Tract "A ", The Reserve at Tuscawilla, Phase 1,
according to the plat thereof, as recorded in Plat Book 48, Pages 31 through 40, inclusive,
of the Public Records of Seminole County, Florida; thence run South 88 0 36 1 23" West along
the South line of said Tract " A " a distance of 154.19 feet to the Southwest corner of said
Tract " A " ; thence departing said South line, run North 01 West along the West line
of said Tract "A" a distance of 329.07 feet to a point on the existing Southerly right of way
line of State Road 434 as shown Florida Department of Transportation Right of Way Map
Section 77070 -2517, said point also being a point on a non - tangent curve concave Northerly
having a radius of 2988.40 feet and a chord bearing of North 86 0 51 1 12" West; thence
departing said West line, from a tangent bearing of North 87 °27 West, run Westerly
along said existing Southerly right of way line and the arc of said curve through a central
angle of 01 *11 a distance of 62.26 feet to the end of said curve; thence departing said
curve, run North 03 1 44'36" East radial to the aforesaid curve and continuing along said
existing Southerly right of way line a distance of 5.00 feet to the beginning of a non - tangent
curve concave Northerly and concentric with the aforesaid curve having a radius of
2983.40 feet and a chord bearing of North 85 0 50 1 14" West; thence from a tangent bearing
of North 86 °15'24" West, continue Westerly along said existing Southerly right of way line
and along the arc of said curve through a central angle of 00 0 50 1 19" a distance of 43.66 feet
to a point on the East line of Lot 79, The Reserve at Tuscawilla, Phase II, according to the
plat thereof, as recorded in Plat Book 50, Pages 3 through 9, inclusive, of the Public
Records of Seminole County, Florida for a Point of Beginning; thence continue Westerly
along said existing Southerly right of way line and along the arc of said curve through a
central angle of 01 0 10 1 56" a distance of 61.56 feet to the end of said curve; thence departing
said curve, run South 88 0 35 1 37" West continuing along said existing Southerly right of way
line a distance of 38.14 feet to the beginning of a non - tangent curve concave Northerly and
concentric with the aforesaid curve having a radius of 2988.40 feet and a chord bearing of
South 84 0 28'09" East; thence departing said existing Southerly right of way line from a
tangent bearing of South 83 1 30 1 37" East, run Easterly along the arc of said curve through
a central angle of 01 a distance of 100.03 feet to a point on the aforesaid East line of
Lot 79; thence departing said curve, run North 01 West along said East line a
distance of 5.03 feet to the Point of Beginning.
Page 3 of 3
TAX INFORMATION SUBSTITUTE
REPORTING SERVICE FORM 1099 S
THIS IS IMPORTANT TAX INFORMATION AND IS BEING FURNISHED TO THE INTERNAL
REVENUE SERVICE. IF YOU ARE REQUIRED TO FILE A RETURN, A NEGLIGENCE
PENALTY OR OTHER SANCTION WILL BE IMPOSED ON YOU IF THIS ITEM IS
REQUIRED TO BE REPORTED AND THE INTERNAL REVENUE SERVICE DETERMINES
THAT IT HAS NOT BEEN REPORTED.
Reporting Unit :
BROWN, GARGANESE,
P. 0. Box 2873
Orlando, FL 32802 -2873
Phone: 407/425 -9566
WEISS & D'AGRESTA, P.A.
Case/File No. :
Tax ID No.
SELLER
LEGAL
PROPERTY
1193/2009.12.2.B
Randy A. Fuhrman
314 Heatherwood Court
Winter Springs, FL 32708
Portion of Lot 79, The Reserve. at Tuscawilla, Phase II, PB 50, Page 3,
Seminole County, Florida
ADDRESS 314 Heatherwood Court, Winter Springs, FL 32708
S.S. #
BUYER'S PART OF REAL ESTATE TAX: $.00
GROSS PROCEEDS :
CLOSING DATE
$ 8,100.00
September 15, 2011
SELLER IS REQUIRED BY LAW TO PROVIDE THE CORRECT TAXPAYER
IDENTIFICATION NUMBER. IF CORRECT TAXPAYER IDENTIFICATION NUMBER IS
NOT PROVIDED, THEN HE /SHE MAY BE SUBJECT TO CIVIL OR CRIMINAL PENALTIES
IMPOSED BY LAW.
UNDER PENALTIES OF PERJURY, I certify that the taxpayer identification number shown in this
sication number.
Rand A. Fuhrman nnifer A. Fuhrman
Date: �� l�
RAY VALDES
SEMINOLE COUNTY TAX COLLECTOR
NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS
BROWN, GARGANESE, WEISS &
D'AGRESTA PA
PO BOX 2873
ORLANDO, FL 32802
Real Estate Deposit
Property ID Number
Tax Year
Escrow Code
Millage Code
Exemptions
Tax Bill Number
06 -21 -31 -504- 0000 -0790
2011
0162
W1
YES
142369
FUHRMAN RANDY A & JENNIFER A
314 HEATHERWOOD CT
WINTER SPRINGS FL 32708 6179
LOT 79 RESERVE AT TUSCAWILLA PH 2
PB 50 PGS 3 THRU 9
PAD: 314 HEATHERWOOD CT
PAYMENT INFORMATION
Paid By:
BROWN, GARGANESE, WEISS & Total Paid: 1.29
D'AGRESTA PA Receipt #: D- 09/19/11 -P- 003685 Payment #: 1 of 1
PO BOX 2873 Payment Type: CHECK Clerk: JR
ORLANDO, FL 32802
* * 2011 Real Estate Deposit * *
This'Duplicate Tax Receipt' becomes a valid tax payment receipt only when the actual transfer of funds is completed.
OWNER'S POLICY OF TITLE INSURANCE
(with Florida Modifications)
* Policy Number OXFL- 08044067 File Number: 10054692
* * ** Issued by Old Republic National Title Insurance Company
* Any notice of claim and any other notice or statement in writing required to be given to the
* * Company under this Policy must be given to the Company at the address shown in Section 18
* * ** of the Conditions.
* COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B, AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation (the "Company') insures,
as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney,
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land. The term "encroachment' includes encroachments of existing improvements located on the Land
onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to
the extent of the violation or enforcement referred to in that notice.
In Witness Whereof, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, has caused this policy to be signed and sealed as of Date of Policy
shown in Schedule A, the policy to become valid when countersigned by an authorized signatory of the Company.
Policy Issuer:
Countersigned: BROWN, GARGANESE, WEISS & D AGRESTA, P.A.
111 N ORANGE AVENUE, #2000
ORLANDO, FL 32802 -2873
PHONE: 407 - 425.9566
Authorized Officer or Licensed Agent
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6 -17.06 (with Florida Modifications)
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South, Minneapolis, Minnesota 55401
(612)371 -1111
By President
Attest Secretary
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement
action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of
the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer
constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,
state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has
been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the
Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the
extent provided in the Conditions.
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 that arise by reason of:
(a) Any law, ordinance, permit, or governmental regulation
(including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any
improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
(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 created subsequent to Date of Policy; or
(e) resulting in loss or damage that would not have been
sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that the transaction
vesting the Title as shown in Schedule A, is
or the effect of any violation of these laws,
ordinances, or governmental regulations. This
Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does
not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit
the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured
Claimant;
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered
Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed
by governmental authority and created or attaching between Date
of Policy and the date of recording of the deed or other instrument
of transfer in the Public Records that vests Title as shown in
Schedule A.
ORT Form 4309 FL
ALTA owners Policy of Title Insurance 6 -17.06 (with Florida Modifications)
Page 2
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance ": The amount stated in Schedule A, as may
be increased or decreased by endorsement to this policy, increased
by Section 8(b), or decreased by Sections 10 and 11 of these Conditions.
(b) "Date of Policy The date designated as "Date of Policy" in
Schedule A.
(c) "Entity ": A corporation, partnership, trust, limited liability
company, or other similar legal entity.
(d) "Insured ": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Title of the Insured by operation of law as
distinguished from purchase, including heirs, devisees, survivors,
personal representatives, or next of kin;
(B) successors to an Insured by dissolution, merger, consolidation,
distribution, or reorganization;
(C) successors to an Insured by its conversion to another kind of
Entity,
(D) a grantee of an Insured under a deed delivered without
payment of actual valuable consideration conveying the Title
(1) if the stock, shares, memberships, or other equity
interests of the grantee are wholly -owned by the
named Insured,
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly -owned by an affiliated
Entity of the named Insured, provided the affiliated
Entity and the named Insured are both wholly -owned
by the same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust
created by a written instrument established by the
Insured named in Schedule A for estate planning
purposes.
(ii) With regard to (A), (B ), (C), and (D) reserving, however, all rights
and defenses as to any successor that the Company would have had
against any predecessor Insured.
(e) "Insured Claimant ": An Insured claiming loss or damage.
(f) "Knowledge" or "Known ": Actual knowledge, not constructive
knowledge or notice that may be imputed to an Insured by reason of
the Public Records or any other records that impart constructive
notice of matters affecting the Title.
(g) "Land ": The land described in Schedule A, and affixed improvements
that by law constitute real property. The term "Land" does not
include any property beyond the lines of the area described in
Schedule A, nor any right, title, interest, estate, or easement in
abutting streets, roads, avenues, alleys, lanes, ways, or waterways,
but this does not modify or limit the extent that a right of access to
and from the Land is insured by this policy.
(h) "Mortgage ": Mortgage, deed of trust, trust deed, or other security
instrument, including one evidenced by electronic means authorized
by law.
(i) "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 Covered Risk 5(d), "Public Records"
shall also include environmental protection liens filed in the records
of the clerk of the United States District Court for the district where
the Land is located.
(j) "Title ": The estate or interest described in Schedule A.
(k) "Unmarketable Title ": Title affected by an alleged or apparent
matter that would permit a prospective purchaser or lessee of the
Title or lender on the Title to be released from the obligation to
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6 -17.06 (with Florida Modifications)
purchase, lease, or lend if there is a contractual condition requiring
the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of
Policy in favor of an Insured, but only so long as the Insured retains
an estate or interest in the Land, or holds an obligation 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
warranties in any transfer or conveyance of the Title. 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
obligation secured by a purchase money Mortgage given to the
Insured.
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 5(a) of these Conditions, (ii)
in case Knowledge shall come to an Insured hereunder of any claim
of title or interest that is adverse to the Title, as insured, and that
might cause loss or damage for which the Company may be liable
by virtue of this policy, or (iii) if the Title, as insured, is rejected as
Unmarketable Title. If the Company is prejudiced by the failure of
the Insured Claimant to provide prompt notice, the Company's
liability to the Insured Claimant under the policy shall be reduced
to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of
loss or damage, the Company may, at its option, require as a condition
of payment that the Insured Claimant furnish a signed proof of loss.
The proof of loss must describe the defect, lien, encumbrance, or
other matter insured against by this policy that 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.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options
contained in Section 7 of these Conditions, 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 covered by this policy adverse to the Insured. This obligation
is limited to only those stated causes of action alleging matters
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. It 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 that allege matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options
contained in Section 7 of these Conditions, at its own cost, to
institute and prosecute any action or proceeding or to do any
other act that in its opinion may be necessary or desirable to
establish the Title, 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 to the Insured. The exercise of these rights shall not be an
admission of liability or waiver of any provision of this policy.
If the Company exercises its rights under this subsection, it must
do so diligently.
(c) Whenever the Company brings an action or asserts a defense
as required or permitted by this policy, the Company may pursue
the litigation to a final determination by a court of competent
jurisdiction, and it expressly reserves the right, in its sole
discretion, to appeal any adverse judgment or order.
Page 3
CONDITIONS (con't)
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company
to prosecute or provide for the defense of any action or proceeding
and any appeals, the Insured shall secure to the Company the right
to so prosecute or provide defense in the action or proceeding,
including the right 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 securing evidence, obtaining witnesses, prosecuting or
defending the action or proceeding, or effecting settlement, and
(ii) in any other lawful act that in the opinion of the Company may
be necessary or desirable to establish the Title or any other matter
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.
(b) The Company may reasonably require the Insured Claimant to
submit to examination under oath by any authorized representative
of the Company and to produce for examination, inspection, and
copying, at such reasonable times and places as may be designated
by the authorized representative of the Company, all records, in
whatever medium maintained, including books, ledgers, checks,
memoranda, correspondence, reports, e- mails, disks, tapes, and
videos whether bearing a date before or after Date of Policy, that
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 of these records
in the custody or control of a third party that 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 any reasonably requested information, or
grant permission to secure reasonably necessary information from
third parties as required in this subsection, unless prohibited by
law or governmental regulation, shall terminate any liability of the
Company under this policy as to that claim.
7. 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 that were authorized by the
Company up to the time of payment or tender of payment and that
the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations of the Company to the Insured under this policy, other
than to make the payment required in this subsection, shall terminate,
including any liability or obligation to defend, prosecute, or contin-
ue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the Insured
or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the
name of an Insured Claimant any claim insured against under this
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6 -17 -06 (with Florida Modifications)
policy. In addition, the Company will pay any costs, attorneys' fees,
and expenses incurred by the Insured Claimant that were authorized
by the Company up to the time of payment and that 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 that
were authorized by the Company up to the time of payment and that
the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided
for in subsections (b)(i) 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.
8. DETERMINATION AND 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.
(a) The extent of liability of the Company for loss or damage under
this policy shall not exceed the lesser of
(i► the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the
value of the Title subject to the risk insured against by this policy.
(b) If the Company pursues its rights under Section 5 of these
Conditions and is unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10 %, and
(ii) the Insured Claimant shall have the right to have the loss or
damage determined either as of the date the claim was made by
the Insured Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company
will also pay those costs, attorneys' fees, and expenses incurred in
accordance with Sections 5 and 7 of these Conditions.
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 Unmarketable Title, all as
insured, in a reasonably diligent manner by any method, including
litigation and the completion of any appeals, it shall have fully
performed its obligations with respect to that matter and shall not
be liable for any loss or damage caused to the Insured.
(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,
adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the
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 Insurance
by the amount of the payment.
Page 4
CONDITIONS (con't)
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company
pays 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 executed by an Insured after Date of Policy and
which is a charge or lien on the Title, and the amount so paid shall be
deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely
fixed in accordance with these Conditions, the payment shall be made
within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim
under this policy, it shall be subrogated and entitled to the rights of
the Insured Claimant in the Title and all other rights and remedies
in respect to the claim that the Insured Claimant has against any
person or property, to the extent of the amount of any loss, costs,
attorneys' fees, and expenses paid by the Company. If requested
by the Company, the Insured Claimant shall execute documents to
evidence the transfer to the Company of these rights and remedies.
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 and remedies.
If a payment on account of a claim does not fully cover the loss of
the Insured Claimant, the Company shall defer the exercise of its
right to recover until after the Insured Claimant shall have recovered
its loss.
(b) The Company's right of subrogation includes the rights of the
Insured to indemnities, guaranties, other policies of insurance, or
bonds, notwithstanding any terms or conditions contained in those
instruments that address subrogation rights.
14. ARBITRATION
Unless prohibited by applicable law, arbitration pursuant tothe Title
Insurance Arbitration Rules of the American Arbitration Association
may be demanded if agreed to by both the Company and the Insured at
the time of a controversy or claim. 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, and 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.
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6 -17 -06 (with Florida Modifications)
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT
(a) This policy together with all endorsements, if any, attached to it
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 that arises out of the status of the
Title or by any action asserting such claim whether or not based on
negligence shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in
writing and authenticated by an authorized person, or expressly
incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a
part of this policy and is subject to all of its terms and provisions.
Except as the endorsement expressly states, it does not (i) modify
any of the terms and provisions of the policy, (ii) modify any prior
endorsement, (iii) extend the Date of Policy, or (iv) increase the
Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held
invalid or unenforceable under applicable law, the policy shall be
deemed not to include that provision or such part held to be invalid, but
all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has
underwritten the risks covered by this policy and determined the
premium charged therefor in reliance upon the law affecting interests
in real property and applicable to the interpretation, rights, remedies,
or enforcement of policies of title insurance of the jurisdiction
where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine the validity of
claims against the Title that are adverse to the Insured and to
interpret and enforce the terms of this policy. In neither case shall
the court or arbitrator apply its conflicts of law principles to deter-
mine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by
the Insured against the Company must be filed only in a state or
federal court within the United States of America or its territories
having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing
required to be given to the Company under this policy must be given to
the Company at 400 Second Avenue South, Minneapolis,
Minnesota 55401 -2499, Phone: 612- 371 -1111.
Page 5
C SCHEDULE A
OWNER'S POLICY
SCHEDULE A
AGENT FILE NUMBER: 1193 (2009.12.2.13) POLICY NUMBER: OXFL - 08044067
ORT FILE NUMBER: 10054692
Address Reference: 314 Heatherwood Court, Winter Springs, FL 32708
Amount of Insurance: $ 8,100.00
Date of Policy: September 16, 2011 at 9:11:38 a.m.
1. Name of Insured: CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation
2. The estate or interest in the Land that is insured by this policy is: fee simple
3. Title is vested in: CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation
4. The land referred to in this Policy is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO.
ORT Form 4309 FL A
Schedule A for ALTA Owners Policy of Title Insurance 6 -17-06
SCHEDULE B
AGENT FILE NUMBER: 1193 (2009.12.2.8) POLICY NUMBER: OXFL - 08044067
ORT FILE NUMBER: 10054692
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or
expenses that arise by reason of:
Easements or claims of easements not shown by the public records.
General or special taxes and assessments required to be paid in the year 2011 and subsequent
years.
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.
4. State road right reservations, if any.
5. Oil, gas and mineral right reservations, if any.
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. All matters contained on the Plat of The Reserve at Tuscawilla Phase ll, as recorded in Plat Book 50,
pages 3 to 9, inclusive.
8. General Bill of Sale and Assignment recorded in O.R. Book 1952, page 299.
9. Final Order Approving Settlement Agreement and Amendment to Annexation Ordinance No. 64, The
Tuscawilla Planned Unit Development, Master Plan for The Tuscawilla Planned Unit Development
and Related Matters recorded in O.R. Book 2243, page 1508.
10. Ordinance No. 489 of the City of Winter Springs recorded in O.R. Book 2277, page 464.
11. Settlement Agreement and Amendment to Annexation Ordinance No. 64, The Tuscawilla Planned
Unit Development, Master Plan for The Tuscawilla Planned Unit Development and Related Matters
recorded in O.R. Book 2277, page 469.
12. Declaration of Covenants, Conditions, Easements and Restrictions recorded in O.R. Book 2853, page
1055; Supplemental Declaration and Amendment recorded in O.R. Book 2999, page 18.
13. Impact Fee Credit Agreement recorded in O.R. Book 2927, page 1467.
(see continuation sheet)
ORT Form 4309 FL B
Schedule B for ALTA Owners Policy of Title Insurance 6 -17 -06 Page 2 of 4
14. Cable Television Installation and Service Agreement recorded in O.R. Book 2989, page 736.
15. Subject to a 10 foot planting and screening easement in favor of The Reserve at Tuscawilla
Community Association, Inc., and a 5 foot utility easement in favor of the public, St. Johns River
Water Management District and The Reserve at Tuscawilla Community Association, Inc., along the
side lot lines pursuant to the plat of The Reserve at Tuscawilla, Phase II, recorded in Plat Book 50,
Pages 3 -9, Public Records of Seminole County, Florida.
16. Subject to the Developer's limited partners' consent regarding lot subdivision as required by Article
7.3 of the Declaration of Covenants, Conditions, Easements and Restrictions for The Reserve at
Tuscawilla, recorded in O.R. Book 2853, Page 1055, Public Records of Seminole County, Florida.
17. Consent Agreement for the Reserve at Tuscawilla recorded in O.R. Book 7632, Page 1679, et seq.
NOTE: All recording references in this policy shall refer to the Public Records of Seminole County,
unless otherwise noted.
THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED.
ORT Form 4309 FL B
Schedule B for ALTA Owners Policy of Title Insurance 6 -17 -06 Page 3 of 4
EXHIBIT A
That part of:
"Lot 79, THE RESERVE AT TUSCAWILLA, PHASE II, according to the plat thereof as recorded
in Plat Book 50, Pages 3 through 9, inclusive, of the Public Records of Seminole County, Florida."
described as follows:
Commence at the Southeast corner of Tract "A ", The Reserve at Tuscawilla, Phase 1, according to
the plat thereof, as recorded in Plat Book 48, Pages 31 through 40, inclusive, of the Public Records
of Seminole County, Florida; thence run South 88 0 36'23" West along the South line of said Tract
"A" a distance of 154.19 feet to the Southwest corner of said Tract " A " ; thence departing said
South line, run North 01 1 23'37" West along the West line of said Tract "A" a distance of 329.07
feet to a point on the existing Southerly right of way line of State Road 434 as shown Florida
Department of Transportation Right of Way Map Section 77070 -2517, said point also being a point
on a non - tangent curve concave Northerly having a radius of 2988.40 feet and a chord bearing of
North 86 1 51'12" West; thence departing said West line, from a tangent bearing of North 87 1 27'01"
West, run Westerly along said existing Southerly right of way line and the arc of said curve
through a central angle of 01 0 11'37" a distance of 62.26 feet to the end of said curve; thence
departing said curve, run North 03 0 44'36" East radial to the aforesaid curve and continuing along
said existing Southerly right of way line a distance of 5.00 feet to the beginning of a non - tangent
curve concave Northerly and concentric with the aforesaid curve having a radius of 2983.40 feet
and a chord bearing of North 85 1 50'14" West; thence from a tangent bearing of North 86 0 15'24"
West, continue Westerly along said existing Southerly right of way line and along the arc of said
curve through a central angle of 00 0 50'19" a distance of 43.66 feet to a point on the East line of Lot
79, The Reserve at Tuscawilla, Phase II, according to the plat thereof, as recorded in Plat Book 50,
Pages 3 through 9, inclusive, of the Public Records of Seminole County, Florida for a Point of
Beginning; thence continue Westerly along said existing Southerly right of way line and along the
arc of said curve through a central angle of 01 a distance of 61.56 feet to the end of said
curve; thence departing said curve, run South 88 0 35'37" West continuing along said existing
Southerly right of way line a distance of 38.14 feet to the beginning of a non - tangent curve concave
Northerly and concentric with the aforesaid curve having a radius of 2988.40 feet and a chord
bearing of South 84 0 28'09" East; thence departing said existing Southerly right of way line from a
tangent bearing of South 83 0 30 1 37" East, run Easterly along the arc of said curve through a central
angle of 01 a distance of 100.03 feet to a point on the aforesaid East line of Lot 79; thence
departing said curve, run North 01 West along said East line a distance of 5.03 feet to the
Point of Beginning.
ORT Form 4309 FL B THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED.
Schedule B for ALTA Owners Policy of Title Insurance 6 -17 -06 Page 4 of 4
BG
WD
BROWN, GARGANESE, WEISS & UAGRESTA, P.A.
Attorneys at Late
111 N. Orange Ave., Suite 2000
P.O. Box 2873
Orlando, Florida 32802 -2873
Phone (407) 425 -9566
Fax (407) 425 -9596
October 27, 2011
Andrea Lorenzo- Luaces, CMC
City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
RECEIVED
NOV 0 9 2011
CITY OF WINTER SPRINGS
OFFICE OF THE CITY CLERK
Anthony A. Garganese
Board Certified City, County & Local
Government Law
agarganese @orlandolaw.net
Re: City of Winter Springs / Tuscora Decel Lane / Fuhrman Closing
Our File No. 2009.12.2.B (1193)
Dear Andrea:
With respect to the transfer of property from Randy A. and Jennifer A. Fuhrman to the
City of Winter Springs, please find enclosed the following documents for safekeeping:
1. Original Warranty Deed recorded in O.R. Book 7632, Page 1696
2. Original Consent Agreement for the Reserve at Tuscawilla recorded in O.R. Book
7632, page 1679
3. Original Closing Statement
4. Original Hazardous Substance Affidavit
5. Original Certificate of Non - Foreign Status
6. Copy of Partial Release of Mortgage recorded in O.R. Book 7632, Page 1693
8. Copy of Affidavit of No Liens
9. Copy of Further Assurance Agreement (Seller)
10. Copy of Further Assurance Agreement (Buyer)
11. Copy of 1099S
12. Copy of receipt from Seminole County Tax Collector
13. Original Owner's Title Policy No. OXFL - 08044067
It was a pleasure assisting the City with this matter, and should you have any questions,
please do not hesitate to contact our office.
Ft. Lauderdale (954) 670 -1979 • Kissimmee (321) 402 -0144 • Cocoa (866) 425 -9566
Website: www.orlandolaw.net • Email: firm @orlandolaw.net �'
Andrea Lorenzo- Luaces, CMC
October 27, 2011
Page 2
Anthony A. Garganese
City Attorney
AAG /nh
Enclosures
cc: Brian Fields, P.E., City Engineer
Kevin Smith, City Manager
INA
Anthony A. Garganese
City Attorney
AAG /nh
Enclosures
cc: Brian Fields, P.E., City Engineer
Kevin Smith, City Manager