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535 Slumberland Motel for Welcome Sign4.e -535 "r, STENSTROM, McINTOSH, COLBERT, WHIGHAM & PARTEOW, P.A. ATTORNEYS AND COUNSELLORS AT LAW WILLIAM L. COLBERT 1001 HEATHROW PARK LANE KENNETH W. McINTOSH FRANK C. WHIGHAM SUITE 4001 S. KIRBY MONCRIEF ROBERT K. McINTOSH LAKE MARY, FLORIDA 32746 SANDRA K. AMBROSE JAMES J. PARTLOW' (407) 322 -2171 LONNIE N. GROOT JENNIFER BARRINGTON -NIX DELAND (386) 668 -1479 BILAL IFTIKHAR FAX (407) 330 -2379 WILLIAM J. WIELAND "CERTIFIED MEDIATOR WWW.STENSTROM.COM OF COUNSEL DOUGLAS STENSTROM RETIRED THOMAS E. WHIGHAM (1952 -1988) March 25, 2010 VIA HAND DELIVERY Janet R. Dougherty City Clerk 300 N. Park Avenue Sanford, FL 32771 Re: Yi d /b /a Slumberland Motel s/t City of Sanford File No. C- 61,805 Dear Ms. Dougherty: Enclosed are the following closing documents concerning the above cited purchase. 1. Original recorded Temporary Sign Easement; 2. Original Owner's Title Insurance Policy; 3. Original Closing Affidavit; 4. Original Non - Foreign Certification by Individual Transferor; and 5. Copy of HUD -1 Closing Statement. This now completes this matter. If you have any questions or concerns, please do not hesitate to contact me. Enclosures Sincerely, STENSTROM, McINTOSH, CO WHIGHAM & PARTLOW, PA./, SERVING CENTRAL FLORIDA — SINCE 1954 — VU .v �1 City of Sanford, Florida Project: Tax Parcel I.D. # 01 -20 -30 -504- 1600 -0010 Document Prepared By: I all 10IIIIIIIII1NINIIIIIINIIINNIN1101111IIIN I MIRRYAMNE MDRSE CLERK OF CIRCUIT COU (� I RT SEMINOLE COUNTY BK 07304 pgs 1574 - 15781 (5pgs) CLERK'S # 2009142269 RECORDED 12/16/2009 12153 :17 pM DEED DOC TAX 57.40 RECORDING FEES 44.00 RECORDED BY T Saith TEMPORARY SIGN EASEMENT THIS TEMPORARY SIGN EASEMENT is made and entered this / / day of, n e e e ,- � e-..- , 2009, by and between IN SUL YI and YONG C. YI dba Slumberland Motel, whose address is 2611 S. Orlando Drive, Sanford, Florida 32773 , hereinafter referred to as the GRANTOR, and CITY OF SANFORD, FLORIDA, a municipal corporation under the laws of the State of Florida, whose address is 300 N. Park Avenue, Sanford, Florida 32771, hereinafter referred to as the GRANTEE. WITNESSETH: FOR AND IN CONSIDERATION OF the sum of ONE AND NO 1100 DOLLARS ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the GRANTOR does hereby grant, sell, and convey to the GRANTEE, its successors and assigns, a temporary sign easement and right -of -way for the installation of a sign over, under, upon and through the following described lands situated in Seminole County, Florida as follows: See the attached Exhibit "A ", which is incorporated into and made part of this Agreement TO HAVE AND TO HOLD said temporary easement and right -of -way unto said GRANTEE and its assigns for a period of ten (10) years from the date of execution of this instrument. THE GRANTEE, its successors, appointees and assigns, are granted the right, privilege, and authority to construct, install, operate and maintain a sign including, but not limited to, all attendant facilities such as electrical, fiber optic, controls, base, supports, landscaping and devices for the benefit of the GRANTEE and its projects, programs and operations of whatsoever type or nature. The GRANTEE shall have the right to construct, operate, maintain and improve the temporary easement and right -of -way for signage usages along with the right, privilege and authority to remove, replace, repair and enlarge said improvements (provided any such enlarging may not encroach outside the described easement area), and to trim and remove roots, trees, shrubs, bushes, and plants, and remove fences or other improvement(s) located within the easement area which may affect the use or operation of the improvements installed by the GRANTEE. Title to the improvements constructed hereunder shall be vested in and remain vested in the GRANTEE, its successors, appointees, and/or assigns. Buildings, fences, landscaping and any other similar structures or any improvements which would adversely impact the public use of the property shall not be constructed upon or placed in this temporary easement and right -of -way by the GRANTOR, or its heirs, successors, or assigns. 17 THIS GRANT OF EASEMENT IS SUBJECT to matters of record including property taxes, and any existing easements for public highway or roads, railroads, laterals, ditches, canals, pipelines, water lines, sewer lines, fiber optic, electrical transmission or distribution lines and telephone and cable television lines encumbering the land/easement herein described. The GRANTOR covenants that it is lawfully seized and possessed of the described real property (Exhibit "A ") /easement area, has good and lawful right and power to sell and convey it and grant the temporary easement and right -of -way herein granted, and that the easement area is free and clear of all liens and encumbrances, except as herein stated, and, accordingly, the GRANTOR will warrant and hereby warrants, to defend the title to the easement area and terms of this temporary easement and right -of -way and the quiet possession thereof against all claims and demands of all other individuals and entities. In addition to all Common Law covenants of title, this grant includes the covenant of further assurances. GRANTEE SHALL BE SOLEY RESPONSIBLE for all activities and use of the easement area granted hereby and of any improvements placed thereon. GRANTEE COVENANTS AND AGREES that prior to the expiration of this temporary easement and right -of -way, GRANTEE will, at GRANTEE's sole cost and expense, promptly remove GRANTEE's sign, equipment and materials from the easement area and will repair, replace, and restore the area of that property, or improvements thereon, that are damaged or disturbed as a consequence of the use of the easement area by the GRANTEE. THE EASEMENT GRANTED HEREBY is nonexclusive to the extent that the GRANTOR shall have the right to use the easement area in any manner that does not interfere with the uses allowed GRANTEE and the public generally by this temporary easement and right -of -way. GRANTEE SHALL NOT PERMIT any claim, lien, or other encumbrance arising from construction work or GRANTEE's use of the easement area to accrue against or attach to the easement area or any interest of GRANTOR in any adjacent lands. GRANTEE SHALL SECURE all permits and approvals required for GRANTEE's improvement and use of the easement area. GRANTEE will not use, or allow to be used, the easement area or improvements thereon in any illegal manner, or any manner that will interfere with the reasonable and lawful use of GRANTOR's property for a motel business or other lawfully permitted purpose. IN WINESS WHEREOF said GRANTOR has hereunto signed and sealed this temporary easement and right -of -way on the day and year first written above. WITNESSES GRANTOR (Signatu e) _ Printed Named (Si.guature) 7� t Yh^��r i;��t� Printed Named 18 Bv: Print Name: IN SUL YI As Its: Grantor and Owner WITNESSES (Signature _ e7A r S i. -rr, Printed Named (Sign�tgre) J-l4 -air. . /rE.e {z Printed Named STATE OF FLORIDA COUNTY OF SEMINOLE GRANTOR ,: C�' By: 2 Print 14a rse: Y G C. YI As Its: Grantor and Owner I HEREBY CERTIFY that, on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared IN SUL YI and YO G C. YI , who are well known to me or who have produced as identification. WITNESS my hand and official seal in the County and State aforesaid this 1L day of pePe. {atr ,2009. m a,, z_,� �)_ L—A Notary Pub*' , r and for th County and State Aforementioned My Commission Expires: �;RY • _ MA R!Y INTAGUATA A MY ,XMMISS % 4 # DD 797146 ?-o EXPIRES: August 23, 2012 Af.hQ° BondedTh rL.NoW. ',t Underwriters 19 SKETCH OF DESCRIPTION Legal Description: A PARCEL OF LAND LYING IN SECTION 1, TOWNSHIP 20 SOUTH, RANGE 30 EAST, SEMINOLE COUNTY, FLORIDA AND LYING EASTERLY OF AND BEING COTERMINUS TO STATE ROAD 15 & 600 AND ALSO LYING WESTERLY OF AND BEING COTERMINUS TO FRENCH AVENUE AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF LOT 1, DREAMWOLD 4TH SECTION, BLOCK 16, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN N01'02'42 "W ALONG THE WEST RIGHT OF WAY LINE OF FRENCH AVENUE ACCORDING TO FDOT RIGHT OF WAY (MAP NUMBER 7701 -203) FOR A DISTANCE OF 208.93 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE RUN N90 "00'00 "W FOR A DISTANCE OF 43.63 FEET TO A POINT BEING ON THE EAST RIGHT OF WAY LINE OF STATE ROAD 15 AND 600 (US 17 -92) ACCORDING TO FDOT RIGHT OF WAY (MAP NUMBER 7701 -203); THENCE RUN NORTH 30'21'57" EAST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 39.77 FEET: THENCE DEPARTING SAID EAST RIGHT OF WAY LINE RUN SOUTH 90'00'00" EAST, A DISTANCE OF 22.90 FEET TO A POINT BEING ON THE AFOREMENTIONED WEST RIGHT OF WAY LINE OF FRENCH AVENUE; THENCE RUN SOUTH 01'02'42" EAST ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF 34.32 FEET TO THE POINT OF BEGINNING. AREA ENCOMPASSES 1,141 SQUARE FEET, 0.03 ACRE MORE OR LESS. (A) - ACTUAL o A/C - AIR CONDITIONER (D) APPROX - APPROXIMATE (DE) AVG - AVERAGE DEPT (BB) - BEARING BASIS O/U BLDG - BUILDING RAD BM - BENCH MARK ELEV (C) - CALCULATED EDP C - CHORD ESMT CB - CHORD BEARING (FDOT) CCR p - CERTIFIED CORNER - REVISION - DRAINAGE AND UTILITY RECORD NUMBER FF C/L - CENTERLINE FND CLF - CHAIN LINK FENCE FP &L CM - CONCRETE MONUMENT (G) CONC - CONCRETE - ELEVATION COR - CORNER PI Survey Notes: 1, "SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER." 2. "ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES." 3. BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED DATUM AS BEING N01'02'42 "W ALONG THE WEST RIGHT -OF -WAY LINE OF FRENCH AVENUE. 4. THE "LEGAL DESCRIPTION" HEREON WAS PREPARED BY TO THE SURVEYOR. W01 A p 41 I Surveyor's Certification: I hereby certify that the attached "Sketch of Description" of the hereon- described property is true and correct to the best of my knowledge, information and belief as prepared under my direction on November 10, 2009. 1 further certify that this "Sketch of Description" meets the minimum technical standards set forth in Chapter 61g17 -6 of the Florida Administrative Code. NOV 18 2009 For the Firm By. R.L. Robots R.L.S. Professional Surveyor and Mapper Florida Registration No. 3144 TITLE BLOCK ABBREVIATIONS Eng. = ENGINEERING L.B. =LICENSED BUSINESS C.O.A. =CERTIFICATE OF AUTHORIZATION Arch.= ARCHITECTURAL Landscp. =LANDSCAPE Lic. =LICENSED No. = NUMBER P.O. =POST OFFICE © = COPYRIGHT Engineers (C.O.A. No. 32]5) Architects (Lic. No. AA2600921) 500 West Fulton Street Surveyors (L.B. No. 7]t nford, Fl. 32771 Landscape Arch. (Lic. No w Planners f Environmental Scientists = r 1 Construction Managemen e r Traffic / Transportation E m File: SLUMBER SOD ESMT.dwg Abbreviation Legend: Pob No. SLUMBER Scale: NA Drawn By: JTF & RDB - DELTA GOVT - GOVERNMENT PC - POINT OF CURVATURE R - RADIUS - DEED IP - IRON PIPE PCC - POINT OF COMPOUND RAD - RADIAL - DEED EXCEPTION IR - IRON ROD CURVATURE REC - RECOVERED - DEPARTMENT ID - IDENTIFICATION PCP - PERMANENT CONTROL POINT REV - REVISION - DRAINAGE AND UTILITY IR &C - IRON REBAR & CAP PG - PAGE RP - RADIUS POINT EASEMENT L - ARC LENGTH PGS - PAGES R/W - RIGHT -OF -WAY - ELEVATION LB# - LICENSED BUSINESS NUMBER PI - POINT OF INTERSECTION SEC 1 - SECTION 1 - EDGE OF PAVEMENT (M) - MEASURED POB - POINT OF BEGINNING STY -STORY - EASEMENT N & D - NAIL AND DISK _ POC - POINT OF COMMENCEMENT SO - SOUARE - FLORIDA DEPARTMENT OF (NPD) - NO PLATTED DISTANCE POL - POINT ON LINE S/W - SIDEWALK TRANSPORTATION NR - NON- RADIAL PRC - POINT OF REVERSE SO FT - SOUARE FEET - FINISH FLOOR NSI - NO SURVEYOR IDENTIFICATION CURVATURE TB - TANGENT BEARING - FOUND NT - NON- TANGENT PRM - PERMANENT REFERENCE T19S - TOWNSHIP 19 SOUTH - FLORIDA POWER AND LIGHT OR - OFFICIAL RECORDS k MONUMENT (TYP) - TYPICAL - GRID (STATE PLANE) ORB - OFFICIAL RECORDS BOOK PT - POINT OF TANGENCY UE - UTILITY EASEMENT (P) - PLAT R30E - RANGE 30 EAST W/ WITH PB - PLAT BOOK WPF - WOOD PRIVACY FENCE Survey Notes: 1, "SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER." 2. "ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES." 3. BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED DATUM AS BEING N01'02'42 "W ALONG THE WEST RIGHT -OF -WAY LINE OF FRENCH AVENUE. 4. THE "LEGAL DESCRIPTION" HEREON WAS PREPARED BY TO THE SURVEYOR. W01 A p 41 I Surveyor's Certification: I hereby certify that the attached "Sketch of Description" of the hereon- described property is true and correct to the best of my knowledge, information and belief as prepared under my direction on November 10, 2009. 1 further certify that this "Sketch of Description" meets the minimum technical standards set forth in Chapter 61g17 -6 of the Florida Administrative Code. NOV 18 2009 For the Firm By. R.L. Robots R.L.S. Professional Surveyor and Mapper Florida Registration No. 3144 TITLE BLOCK ABBREVIATIONS Eng. = ENGINEERING L.B. =LICENSED BUSINESS C.O.A. =CERTIFICATE OF AUTHORIZATION Arch.= ARCHITECTURAL Landscp. =LANDSCAPE Lic. =LICENSED No. = NUMBER P.O. =POST OFFICE © = COPYRIGHT Engineers (C.O.A. No. 32]5) Architects (Lic. No. AA2600921) 500 West Fulton Street Surveyors (L.B. No. 7]t nford, Fl. 32771 Landscape Arch. (Lic. No w Planners f Environmental Scientists = r 1 Construction Managemen e r Traffic / Transportation E m File: SLUMBER SOD ESMT.dwg Date: 11/10/09 Pob No. SLUMBER Scale: NA Drawn By: JTF & RDB CITY OF SANFORD Sheet FRENCH AVENUE & US 17 -92 w I� SEMINOLE COUNTY, FLORIDA 1 of 2 SKETCH OF DESCRIPTION © ?009 SKETCH OF DESCRIPTION GRAPHIC SCALE 30 0 15 30 60 ( IN FEET ) 1 inch = 30 ft. �nh � S � pFR 0, Mgp OF F Rg SF Ctg)- S 0', 0 N F g LOT 13 ';1F � O10 DREAMWOLD pp F 0 4TH SECTION BLOCK 16 /y g R?, g NV N �OPB 4, PAGE 99 l — \ �O g�0 N pjllLOT 1 p g OF' \ DREAMWBLOCKn16SECTION \ 3gCQFHiq�N /N g PB 4, PAGE 99 \ \ C 7 24, Sv S�cC�ON�� , >0 7 LOT 2 I DREAMWOLD R =40 00' ? 4TH SECTION L= 90.50' I BLOCK 16 6--129'37'43' PB 4, PAGE 99 CH= 72.40' I NOT A PART CB= N72- 16'04 "W OF PLAT (P) c POC SE CORNER OF LOT 1 DREAMWOLD. 4TH SECTION, BLOCK 16 Z PB 4, PAGE 99 1145.6Cr 63.33_ (FDOT)(NPD N01'02'42'W 208.93' (FOOT) r (BEARING BASIS) FRENCH AVENUE (66' RIGHT OF WAY MAP SECTION NO. 7701 -203) (63' RIGHT OF WAY PER PLAT BOOK 9, PAGE 77) (60' RIGHT OF WAY PER PLAT BOOK 4, PAGE 99) NOT VAUD IM7HOUT SHEETS 1 AND 2 OF 2 TITLE BLOCK ABBREVIATIONS 7S� F 391j. W� 0 O N .92. \ O N U) 37.90' _ S01 °02'42 "E PI 34.32' W RIGHT OF WAY LINE OF FRENCH AVENUE POB PER FDOT R/W MAP SECTION NO. 7701 -203 Eng. = ENGINEERING L.B. =LICENSED BUSINESS C.D.A. =CERTIFICATE OFAUTHORIZATION Arch.= ARCHITECTURAL Landscp. = LANDSCAPE Lic. = LICENSED No. = NUMBER P.O. =POST OFFICE © = COPYRIGHT Engineers (C.O.A. No. 3215) Architects (Lic. No. AA2600926) 500 West Fulton Street Surveyors (L.B. No. 7143) Sanford, Fl. 32771 Landscape Arch. (Lic. No. LC0000298) P.O. Box 2808 Planners 32772 -2808 Environmental Scientists Phone: 407.322.6841 Construction Management Fax: 407.330.0639 Traffic /Transportation File: SLUMBER SOD ESMT.dwg Date: 11/10/09 Job No. SLUMBER Scale: 1 " =30' Drawn By: JTF & RDB CITY OF SANFORD Sheet FRENCH AVENUE & ^ US 17 -92 L SEMINOLE COUNTY, FLORIDA 2of2 SKETCH OF DESCRIPTION © zoos (American Land Title Association Owner's Policy - 10- 17 -92) (With Florida Modifications) Old Republic National Title Insurance Company OWNER'S TITLE INSURANCE POLICY Issued Through Attorneys' Title Fund Services, LLC SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPU- LATIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minne- sota corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. In Witness Whereof, 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. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY * * A Stock Company �r 403 Second Avenue South, Mhweapoll4 Minnesota 55401 (612) 37 1- 1111 * (R) By President i Attest ? dJ ii�� ` Secretary SERIAL OPM- 8014728 FORM OPM (rev.07 /09) File Number: C- 61,805 DoubleTime® 5.1.2 3. Old Republic National Title Insurance Company Issued Through Attorneys' Title Fund Services, LLC OWNER'S POLICY Schedule A Policy No.: Effective Date: Agent's File Reference: OPM- 8014728 December 16, 2009 @ 12:53 PM C- 61,805 Amount of Insurance: $8,200.00 Name of Insured: City of Sanford The estate or interest in the land described herein and which is covered by this policy is a temporary sign easement for a period of ten (10) years and is at the effective date hereof vested in the named insured as shown by instrument recorded as Document No. 2009142269 in Official Records 07304, Page 1574, of the Public Records of Seminole County, Florida. The land referred to in this policy is described as follows: See attached Exhibit "A ". OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Issuing Agent: Stenstrom, McIntosh, Colbert, Whigham & Partlow, P.A. 1001 Heathrow Park Lane Suite 4001 Lake Mary, FL 32746 Issued Through Attorneys' Title Fund Services, LLC Agent No.: 1487 Agent's Signature William L. Colbert Attorney at Law Page 1 of 2 Form OPM SCH. A (rev. 07109) DoubleTime® 5.1.2 Old Republic National Title Insurance Company Issued Through Attorneys' Title Fund Services, LLC OWNER'S POLICY Schedule B Policy No.: Agent's File Reference: OPM- 8014728 C- 61,805 This policy does not insure against loss or damage by reason of the following exceptions: 1. Taxes for the year of the effective date of this policy and taxes or special assessments which are not shown as existing liens by the public records. 2. Rights or claims of parties in possession not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Easements or claims of easements not shown by the public records. 5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and 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. Page 2 of 2 Form OPM SCH. B (rev. 07109) DoubleTime® 5.1.2 Legal Description: A PARCEL OF LAND LYING IN SECTION 1, TOWNSHIP 20 SOUTH, RANGE 30 EAST, SEMINOLE COUNTY, FLORIDA AND LYING EASTERLY OF AND BEING COTERMINUS TO STATE ROAD 15 & 600 AND ALSO LYING WESTERLY OF AND BEING COTERMINUS TO FRENCH AVENUE AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF LOT 1, DREAMWOLD 4TH SECTION, BLOCK 16, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN N01'02'42 "W ALONG THE WEST RIGHT OF WAY LINE OF FRENCH AVENUE ACCORDING TO FDOT RIGHT OF WAY (MAP NUMBER 7701 -203) FOR A DISTANCE OF 208.93 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE RUN N90'00'00 "W FOR A DISTANCE OF 43.63 FEET TO A POINT BEING ON THE EAST RIGHT OF WAY LINE OF STATE ROAD 15 AND 600 (US 17 -92) ACCORDING TO FDOT RIGHT OF WAY (MAP NUMBER 7701 -203); THENCE RUN NORTH 30'21'57" EAST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 39.77 FEET: THENCE DEPARTING SAID EAST RIGHT OF WAY LINE RUN SOUTH 90'00'00" EAST, A DISTANCE OF 22.90 FEET TO A POINT BEING ON THE AFOREMENTIONED WEST RIGHT OF WAY LINE OF FRENCH AVENUE; THENCE RUN SOUTH 01'02'42" EAST ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF 34.32 FEET TO THE POINT OF BEGINNING. AREA ENCOMPASSES 1,141 SQUARE FEET, 0.03 ACRE MORE OR LESS. X -t c; E m EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this policy mean: (a) "insured ": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors (b) "insured claimant ": an insured claiming loss or damage. (c) "knowledge" or "known ": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land ": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, or any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument (f) "public records ": records established under state statutes at date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section l(a)(iv) of the Exclusions from Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title ": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. Continuation of Insurance After Conveyance of Title The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) all estate or interest in the land, or (ii) all indebtedness secured by a purchase money mortgage given to the insured. 3. Notice of Claim To Be Given by Insured Claimant The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. Defense and Prosecution of Actions; Duty of Insured Claimant To Cooperate (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense ds required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. Proof of Loss or Damage In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. Options To Pay or Otherwise Settle Claims; Termination of Liability In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs; attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (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 policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (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. 7. Determination, Extent of Liability and Coinsurance This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) (This paragraph dealing with Coinsurance was removed from Florida policies.) (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations 8. Apportionment If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. Limitation of Liability (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. Reduction of Insurance; Reduction or Termination of Liability All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. Liability Noncumulative It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. Payment of Loss (a) ' No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. Subrogation Upon Payment or Settlement (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non - insured Obligors. The Company's right of subrogation against non - insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. Arbitration Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the insured Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, 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. 15. Liability Limited to this Policy; Policy Entire Contract (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, or Agent of the Company. 16. Severability In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. Notices, Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at its principal office at 400 Second Avenue South, Minneopolis, Minnesota 55401, (612) 371- 1111. N"rt D *' a a- in Cr r 0 :-3 , 0 CL c• 0 �. Closing Affidavit (Seller) Before me, the undersigned authority, personally appeared In Sul Yi and Yong C. Yi, husband and wife, d/b /a Slumberland Motel ( "Affiant "), who being by me first duly sworn, on oath, depose(s) and say(s) that: 1. In Sul Yi and Yong C. Yi, husband and wife, d/b /a Slumberland Motel ( "Seller "), is the owner of and is selling the following described property to City of Sanford, a Florida municipal corporation ( "Buyer "), to wit: See attached legal description. 2. The above described property is free and clear of all liens, taxes, encumbrances and claims of every kind, nature and description of record whatsoever, except for mortgage or mortgages, if any, described in the Deed and except for real estate and personal property taxes for the year 2010, which are not yet due and payable. 3. There have been no improvements, alterations, or repairs since acquisition by the Seller to the above described property for which the costs thereof remain unpaid, that there are no claims for labor or material furnished for repairing or improving the same, which remain unpaid since the acquisition by Seller, and that there are no mechanic's, materialmen's, or laborer's liens since acquisition by Seller against the above described property. 4. There have been no documents recorded in the Public Records of Seminole County, Florida subsequent to November 13, 2009 , which affect title to the Property and Seller has not entered into any contracts for the sale, disposition or leasing of the Property since said date except as may have been disclosed to Stenstrom, McIntosh, Colbert, Whigham & Partlow, P.A. in writing, and Seller has no knowledge of any matter affecting title to the Property. 5. The personal property contained in the building on said property, or on the said premises, and which, if any, is being sold free and clear of all liens, encumbrances, claims and demands whatsoever. The Seller knows of no violations of Municipal or County Ordinances pertaining to the above described property. No judgment or decree has been entered in any court in this State or the United States against said Seller which remains unsatisfied. There are no persons other than Seller in possession of the above described property. 6. Seller agrees that in the event the current real estate or personal property taxes vary in amount from the figures used in making the prorations used in closing the transfer and conveyance of the above described property to said buyers, then a new proration and a correct and proper adjustment will be made upon demand. 7. There are no matters pending against the Seller that could give rise to a lien that would attach to the property between the effective date of commitment and the recording of the interest to be insured. Seller has not and will not execute any instruments that would adversely affect the interest to be insured. 8. Seller's title to, and possession and enjoyment of, the property have been open, notorious, peaceable and undisturbed, and have never been disputed nor questioned. 9. There are no disputes concerning the boundary lines of the property, and the operation of any buildings on said property has been in compliance with the applicable building codes, ordinances and statutes. 10. Affiant has received no notice of any public hearing regarding assessment for improvements or changes in applicable zoning laws concerning said property within the past ninety (90) days. 11. There are no actions or proceedings now pending in any State or Federal Court to which the Seller is a party, including but not limited to, proceedings in bankruptcy, receivership or insolvency, nor are there any judgments, bankruptcies, liens or executions of any nature which constitute or could constitute a charge or lien upon said property. 12. There are no unrecorded easements, claims of easement or rights -of -way affecting all or any portion of the property. 13. Seller understands that Section 1445 of the Internal Revenue Code provides that a Buyer of a United States real property interest must withhold tax if the Seller is a foreign person. To inform the Buyer that withholding of tax is not required upon purchase of the above described property, Seller certifies the following: File Number: C- 61,805 DoubleTime® a. Seller is not a nonresident alien individual, foreign corporation, foreign partnership, foreign trust or foreign estate for purposes of United States federal income taxation. b. Seller's U.S. Taxpayer Identification Number is . c. Seller's address is: 2611 S. Orlando Ave., Sanford, FL 32771. d. No other persons or entities have an ownership interest in the above described property. Seller understands the Buyer of the described property intends to rely on the foregoing representations in connection with the United States Foreign Investment in Real Property Tax Act. (FIRPTA). Seller understands this certification may be disclosed to the Internal Revenue Service by the Buyer and that any false statements contained in this certification may be punished by fine, imprisonment or both. Seller has the authority to sign this affidavit as either individual Seller or on behalf of an entity Seller. Under penalties of perjury, Seller states that this declaration was carefully read and is true and correct. 14. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above referenced property and, for the purpose of inducing Stenstrom, McIntosh, Colbert, Whigham & Partlow, P.A. and Old Republic National Title Insurance Company to issue title insurance on the subject property, with the knowledge that said title companies are relying upon the statements set forth herein. Seller hereby holds Stenstrom, McIntosh, Colbert, Whigham & Partlow, P.A. and Old Republic National Title Insurance Company harmless and fully indemnifies same (including but not limited to attorneys' fees, whether suit be brought or not, and at trial and all appellate levels, and court costs and other litigation expenses) with respect to the matters set forth herein. "Affiant ", "Seller" and "Buyer" include singular or plural as context so requires or admits. Seller further states that he /she 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. Seller further certifies that he /she has read, or heard read, the full facts of this Affidavit and understands its context. Under penalties of perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true. State of Florida County of Seminole YoJ C. Yi The foregoing instrument was sworn to and subscribed before me this 1 Ith day of December, 2009 by In Sul Yi Yi and Yong C. Yi, who [J are personally known or [X] have produced a driver's license as identification. [Notary Seal] Notary Pic Printed Name: My Commission Expires: z�Y: "''• MARGUERITEIMAGLIATA MY COMMISSION # DO 797146 EXPIRES: August 23 2012 1 pF P Bonded Thru Notary Pubfie Underwriters Closing Affidavit (Seller) - Page 2 File Number: C- 61,805 DoubleTim" A PARCEL OF LAND LYING IN SECTION 1, TOWNSHIP 20 SOUTH, RANGE 30 EAST, SEMINOLE COUNTY, FLORIDA AND LYING EASTERLY OF AND BEING COTERMINUS TO STATE ROAD 15 & 600 AND ALSO LYING WESTERLY OF AND BEING COTERMINUS TO FRENCH AVENUE AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF LOT 1, DREAMWOLD 4T" SECTION, BLOCK 16, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN NORTH 01 °02'42" WEST ALONG THE WEST RIGHT OF WAY LINE OF FRENCH AVENUE ACCORDING TO FDOT RIGHT OF WAY (MAP NUMBER 7701 -203) FOR A DISTANCE OF 208.93 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE RUN NORTH 90 °00'00" WEST FOR A DISTANCE OF 43.63 FEET TO A POINT OF BEING ON THE EAST RIGHT OF WAY LINE OF STATE ROAD 15 & 600 (US 17 -92) ACCORDING TO FDOT RIGHT OF WAY (MAP NUMBER 7701 -203); THENCE RUN NORTH 30 °21'57" EAST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 39.77 FEET; THENCE DEPARTING SAID EAST RIGHT OF WAY LINE RUN SOUTH 90 °00'00" EAST, A DISTANCE OF 22.90 FEET TO A POINT BEING ON THE AFOREMENTIONED WEST RIGHT OF WAY LINE OF FRENCH AVENUE; THENCE RUN SOUTH 01 °02'42" EAST ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF 34.32 FEET TO THE POINT OF BEGINNING. Non - Foreign Certification By Individual Transferor (Seller's FIRPTA Affidavit) Transferor: In Sul Yi and Yong C. Yi, husband and wife, d /b /a Slumberland Motel Transferee: City of Sanford, a Florida municipal corporation Property: 2611 S. Orlando Ave., Sanford, FL, 32773 Closing Date: December 11, 2009 Before me, the undersigned authority, personally appeared the person(s) named in paragraph 2(b) below who, after being duly sworn, stated as follows: 1. This certificate is to inform the transferee that withholding Federal Income Tax is not required, upon the sale of the following described real property: See attached Legal Description 2. The undersigned Transferor certifies and declares as follows: a. I am not a foreign person for purposes of United States income taxation, and am not subject to the tax withholding requirements of Section 1445 of the Internal Revenue Code of 1954, as amended. b. My United States taxpayer identification or Social Security number is: In Sul Yi Yi ( ` Yong C. Yi c. My home address is: 2611 S. Orlando Ave., Sanford, FL 32771 d. There are no other persons who have an ownership interest in the above described property other than those persons listed in paragraph 2(b) above. 3. The undersigned hereby further certifies and declares: a. I understand the purchaser of the described property intends to rely on the foregoing representations in connection with the United States Foreign Investment in Real Property Tax Act. (FIRPTA). b. I understand this certification may be disclosed to the Internal Revenue Service by the transferee and that any false statements contained in this certification may be punished by fine, imprisonment or both. Under penalties of perjury, I state that this declaration was carefully read and is true and correct. In ut'YT'i r i g , DoubleTime® State of Florida County of Seminole The foregoing instrument was sworn to and subscribed before me this 11 th day of December, 2009 by In Sul Yi Yi and Yong C. Yi, who [j are personally known or [X] have produced a driver's license as identification. [Notary Seal] Notary Public Printed Name: My Commission Expires: MARGUERITE INTAGUATA ' MY COMMISSION # DD 797146 EXPIRES: August 23, 2012 PF ryQ`' Bonded Thru Notary Public Underwriters Non - Foreign Certification by Individual Transferor - Page 2 DOubleTime® A PARCEL OF LAND LYING IN SECTION 1, TOWNSHIP 20 SOUTH, RANGE 30 EAST, SEMINOLE COUNTY, FLORIDA AND LYING EASTERLY OF AND BEING COTERMINUS TO STATE ROAD 15 & 600 AND ALSO LYING WESTERLY OF AND BEING COTERMINUS TO FRENCH AVENUE AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF LOT 1, DREAMWOLD 4T" SECTION, BLOCK 16, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN NORTH 01 °02'42" WEST ALONG THE WEST RIGHT OF WAY LINE OF FRENCH AVENUE ACCORDING TO FDOT RIGHT OF WAY (MAP NUMBER 7701 -203) FOR A DISTANCE OF 208.93 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE RUN NORTH 90 °00'00" WEST FOR A DISTANCE OF 43.63 FEET TO A POINT OF BEING ON THE EAST RIGHT OF WAY LINE OF STATE ROAD 15 & 600 (US 17 -92) ACCORDING TO FDOT RIGHT OF WAY (MAP NUMBER 7701 -203); THENCE RUN NORTH 30 °21'57" EAST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 39.77 FEET; THENCE DEPARTING SAID EAST RIGHT OF WAY LINE RUN SOUTH 90 °00'00" EAST, A DISTANCE OF 22.90 FEET TO A POINT BEING ON THE AFOREMENTIONED WEST RIGHT OF WAY LINE OF FRENCH AVENUE; THENCE RUN SOUTH 01 °02'42" EAST ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF 34.32 FEET TO THE POINT OF BEGINNING. CLOSING STATEMENT SELLER In Sul Yi and Yong C. Yi, his wife, d/b /a Slumberland Motel BUYER City of Sanford, Florida DESCRIPTION: See attached legal description. DATED December 11, 2009. SALES PRICE: $ 8,200.00 Tentative total due to Seller from Buyer: Recording Fees: Stamps tax on Deed: Title search & Title Commitment: Title insurance premium: Broker Fee - The Triece Co. Partial Release of Mortgage Fee TOTAL COSTS: CLOSING COSTS Paid by BUYER r $ 88.00 $ 57.40 $ 200.00 $ 100.00 $ 164.00 $ 6.00 $ 615.40 $ 8,200.00 Paid by SELLER RECAPITULATION AS TO BUYER Tentative balance due from Buyer: $ 8,200.00 Plus Buyer's Closing Costs: $ 615.40 TOTAL BALANCE DUE FROM BUYER AT CLOSING: $ 8,815.40 RECAPITULATION AS TO SELLER TOTAL BALANCE DUE SELLER AT CLOSING: $ 8,200.00 APPROVED: SELLER: IN SUL Yl _- G, Y G : YI Dated: ecember A, 2009 Attest: Jan D66gherty, City Clerk .uh ayor � Lo n December / , A PARCEL OF LAND LYING IN SECTION 1, TOWNSHIP 20 SOUTH, RANGE 30 EAST, SEMINOLE COUNTY, FLORIDA AND LYING EASTERLY OF AND BEING COTERMINUS TO STATE ROAD 15 & 600 AND ALSO LYING WESTERLY OF AND BEING COTERMINUS TO FRENCH AVENUE AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF LOT 1, DREAMWOLD 4T" SECTION, BLOCK 16, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN NORTH 01'02'42" WEST ALONG THE WEST RIGHT OF WAY LINE OF FRENCH AVENUE ACCORDING TO FDOT RIGHT OF WAY (MAP NUMBER 7701 -203) FOR A DISTANCE OF 208.93 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE RUN NORTH 90'00'00" WEST FOR A DISTANCE OF 43.63 FEET TO A POINT OF BEING ON THE EAST RIGHT OF WAY LINE OF STATE ROAD 15 & 600 (US 17 -92) ACCORDING TO FDOT RIGHT OF WAY (MAP NUMBER 7701 -203); THENCE RUN NORTH 30 °21'57" EAST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 39.77 FEET; THENCE DEPARTING SAID EAST RIGHT OF WAY LINE RUN SOUTH 90 °00'00" EAST, A DISTANCE OF 22.90 FEET TO A POINT BEING ON THE AFOREMENTIONED WEST RIGHT OF WAY LINE OF FRENCH AVENUE; THENCE RUN SOUTH 01 °02'42" EAST ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF 34.32 FEET TO THE POINT OF BEGINNING.