2422 Temporary Sign Easement - 2611 Orlando Dr46 SCANNED q z-a,
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STENSTROM, McINTOSH, COLBERT & WHIGHAM, P.A.
ATTORNEYS AND COUNSELORS AT LAW
WILLIAM L. COLBERT
FRANK C. WHIGHAM
KENNETH W. McINTOSH
-RETIRED-
ROBERT K. McINTOSH
-RETIRED-
300 INTERNATIONAL PARKWAY
SUITE 100
LAKE MARY, FLORIDA 32746
PHONE: (407) 322-2171
FAX: (407) 330.2379
WWW.STENSTROM.COM
May 18, 2022
City of Sanford
Attn: Traci Houchin, CIVIC, FCRM, City Clerk
300 North Park Avenue
Sanford, Florida 32771
OF COUNSEL
LONNIE N. GROOT
DAVID W. HALL
STACEY R. SPRINGER
Re: Purchase of Temporary Sign Easement in and to a portion of the real property
located at 2611 Orlando Drive, Sanford, Seminole County, Florida 32773 from
Mahant Varni, LLC, a Florida limited liability company
Dear Madam City Clerk:
Please find enclosed the below listed documents for your records:
> a copy of the recorded Limited Liability Company Affidavit;
> the original recorded Temporary Sign Easement; and
> the original Owner's Policy of Title Insurance to an easement interest
in the property.
This completes this matter. As always, it is our pleasure to be of assistance to the City.
Sincerely,
STENSTROM, McINTOSH, COLBERT & WHIGHAM, P.A.
�a�zie�e
Danielle LaVerde, Real Estate Paralegal to William L. Colbert, City Attorney
Enclosures
cc: Owen Christopher Smith, Project Planner, Urban Design (via electronic mail)
Craig Radzak, Assistant City Manager (via electronic mail)
William L. Colbert, City Attorney (via electronic mail)
SERVING CENTRAL FLORIDA
—SINCE 1954 —
GRANT MALOY, SEMINOLE COUNTY
/ CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2022049642 Bk:10225 Pg:595-596(2Pgs)
REC: 04/26/2022 8:35:00 AM by clones
RECORDING FEES $18.50
Prepared by and return to:
Lonnie N. Groot, Esquire
Stenstrom, McIntosh, Colbert & Whigham, P.A.
300 International Parkway, Suite 100
Lake Mary, Florida 32746
LIMITED LIABILITY COMPANY AFFIDAVIT
Before me, the undersigned authority, personally appeared Bhavinkumar Patel
(hereinafter referred to as "Affiant"), who, being duly sworn according to law, deposes and
says:
1. That Affiant is a Manager and Member of Mahant Varni, LLC, a Florida
limited liability company (hereinafter referred to as the "Company").
2. That the Company is member -managed and is currently in existence under
valid articles of organization and regulations and has not been terminated or dissolved.
3. That the Company is the owner of the real property located at 2611 Orlando
Drive, Sanford, Seminole County, Florida 32773, more particularly described as follows:
Lots 1, 2 and 13, Block 16, 4`h Section Dreamworld, according
to the Plat thereof as recorded in Plat Book 4, Page 99, Public
Records of Seminole County, Florida.
(hereinafter referred to as the "Parent Parcel")
4. That the Company is conveying a temporary grant of easement in and to the
below -described portion of the Parent Parcel:
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 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 being on the East right-of-way line of
State Road 15 and 600 (US 17-92) according to FDOT right-of-
Prepared by:
Lonnie N. Groot, Esquire
Stenstrom, McIntosh, Colbert & Whigham, P.A.
300 International Parkway, Suite 100
Lake Mary, Florida 32746
After Recording Return to:
Traci Houchin, FCRM, MMC, City Clerk
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
Tax Parcel ID# 01-20-30-504-1600-0010
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2022049643 Bk:10225 Pg:597-600(4Pgs
REC: 04/26/2022 8:35:01 AM by cjones
RECORDING FEES $35.50
DEED TAX $28.70
TEMPORARY SIGN EASEMENT
THIS TEMPORARY SIGN EASEMENT (hereinafter referred to as this
"Easement") is made and entered into as of the —4&1 day of A- '
2022, nunc pro tunc to December 11, 2020 by MAHANT VARNI, LLC, a Florida
limited liability company, whose address is c/o Kalidas Patel, Manager, Al Motel,
12007 North Nebraska Avenue, Tampa, Florida 33612 and c/o Kalidas Patel, Manager,
Al Motel, 3514 Crosstrees Lane, Mt. Pleasant, South Carolina, 29466-7500 (hereinafter
referred to as the "Grantor") for the benefit of the CITY OF SANFORD, a Florida
municipal corporation, whose mailing address is c/o Owen Christopher Smith, Project
Planner, Urban Design, _Planning Department, 300 North Park Avenue, Sanford, Florida
32771 (hereinafter referred to as the "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the
parties to this instrument and the heirs, legal representatives and assigns
of individuals, and the successors and assigns of corporations,
partnerships [including joint ventures], public bodies and quasi -public
bodies.)
WITNESSETH:
That for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and
other valuable considerations in hand paid to the Grantor by the Grantee, the receipt
and sufficiency of which is hereby acknowledged, the Grantor does hereby grant,
bargain, sell, convey and warrant to the Grantee, its successors and assigns forever, a
non-exclusive easement over, through and under that certain piece, parcel or tract of
real estate situated in the County of Seminole, State of Florida, more particularly
described as:
whatsoever directly or indirectly as a result of Grantee's actions; and (iii) all claims
relating to injury to persons or property occurring on or about the Easement Property
which are directly related to the use of the Easement Property by Grantee.
Grantor does hereby covenant and agree that Grantor shall indemnify and hold
harmless Grantee from and against any and all liability, actions and causes of action of
any kind and nature arising or growing out of or in any way related to the use and
enjoyment by Grantor of the Easement Property, including without limitation, for all
liability, actions and causes of action of any kind and nature arising or growing out of or
in any way related to: (i) maintenance of the landscaping or improvements (other than
the monument signage) within the Easement Property by Grantor or at Grantor's
direction or control; (ii) all liens and other charges asserted against the Easement
Property for any purpose whatsoever directly or indirectly as a result of Grantor's
actions; and (iii) all claims relating to injury to persons or property occurring on or about
the Easement Property which are directly related to the use of the Easement Property
by Grantor.
Grantor warrants and represents that it has fee simple title to the Easement
Property and that it has full right, authority and capacity to grant this Easement; that the
Easement Property is free and clear of all liens, mortgages and encumbrances
whatsoever, except for real property taxes not delinquent and all easements,
restrictions, covenants and reservations of record, if any, provided, however, that this
reference shall not operate to reimpose same; and that it will defend the same against
the claims of all parties.
[INTENTIONALLY LEFT BLANK]
[SIGNAUTRE PAGE FOLLOWS]
Temporary Sign Easement
Page 3 of 4
Commonwealth
AND THE IhSu RANCE COMPANY
Policy No.: 33994-2-C-65,572-2022.8130609-227543984
OWNER'S POLICY OF TITLE INSURANCE
Issued by
COMMONWEALTH LAND 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, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Florida 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.
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 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
8130609 ALTA Owners Policy 06/17/06 w-FL Mod_306
Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any
derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Page 1 of 6
(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.
IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by
its duly authorized officers.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Countersigned:-
By,
Authorized Officer or Agent
�,.��,,,�
By:
William L. Colbert, Esquire
;�°...T�hi(s, .,,
Stenstrom, McIntosh, Colbert & Whigham, P.A.
c �eoRyT
300 International Parkway, Ste 100
Nolan
Lake Mary, FL 32746-4776
SEAL
=,,g�..
Michael ].
President
Tel:407-322-2171
`�
Fax:407-330-2379
Attest: dZGC �G!
li
ar
(/ 14farjorie Nemzury
Secretary
8130609 ALTA Owners Policy 06/17/06 w-FL Mod _306
Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any
derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Page 2 of 6
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:
1. (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;
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;
(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
(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.
8130609 ALTA Owners Policy 06/17/06 w-FL Mod _306
Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any
derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Page 3 of 6
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 insures Dy aissoiution,
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 wnere 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 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
interest in the Land, or (ii) an obligation 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 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.
S. 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
8130609 ALTA Owners Policy 06/17/06 w-FL Mod_306
Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any p
derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Page 4of6
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.
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 continue 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 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
(1i)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.
8130609 ALTA Owners Policy 06/17/06 w-FL Mod_306
Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any
derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Page 5 of 6
(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.
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 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 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.
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 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 determine 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 COMMONWEALTH LAND
TITLE INSURANCE COMPANY, Attn: Claims Department, P.O.
Box 45023, Jacksonville, FL 32232-5023.
8130609 ALTA Owners Policy 06/17/06 w-FL Mod_306
Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any.
derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Page 6 of 6
Commonwealth
LAND TITLE INSUA.ANCE COMPANY
POLICY OF TITLE INSURANCE
SCHEDULE
Commonwealth Land Title Insurance Company
Stenstrom, McIntosh, Colbert & Whigham, P.A.
300 International Parkway, Ste 100
Lake Mary, FL 32746
Policy Number: 33994-2-C-65,572-2022.8130609-227543984 Order Number: 10064909
Customer Reference: Sanford/Smith/2611 Orlando Dr
Amount of Insurance: $4,100.00
Address Reference: 2611 South Orlando Drive Premium: $100.00
Sanford, FL 327735301
Seminole County
(for informational purposes only)
Date of Policy: April 26, 2022 at 8:35 AM
Name of Insured:
City of Sanford, a Florida municipal corporation
The estate or interest in the Land that is insured by this policy is:
Easement
Title is vested in:
City of Sanford, a Florida municipal corporation, by virtue of that certain Temporary Sign Easement dated April
4, 2022 and recorded April 26, 2022 in Official Records Book 10225, Page 597, Public Records of Seminole
County, Florida
4. The land referred to in this policy is described in Exhibit "A" attached hereto and made part hereof.
THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED
ALTA Owner's Policy (6/17/06)
1 of 3
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Policy No.: 33994-2-C-65,572-2022.8130609-227543984
commonwealth Order No.:
Customer Reference: Order
Orrlandolando DDrr
LAND TITLE INSURANCE COMPANY
EXHIBIT "A"
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 North 01002'42" 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 90000'00" West 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 30021'57" East along said East right-of-way line a distance of 39.77 feet;
thence departing said East right-of-way line run South 90000'00" 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 01002'42" East
along said West right-of-way line a distance of 34.32 feet to the Point of Beginning.
ALTA Owner's Policy
(6/17/06)
2730609 2 of 3 (with Florida Modifications)
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association. -
Policy No.: 33994-2-C-65,572-2022.8130609-227543984
09
Q0 commonwealth Order No.: Orlando
Dr
C Customer Reference: Sanford/Smith/2611 Orlando Dr
LAND TITLE INSURANCE COMPANY
SCHEDULE B
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:
1. Taxes and assessments for the year 2022 and subsequent years, which are not yet due and payable.
2. 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.
3. Mortgage and Security Agreement executed by Varni, LLC, a Florida limited liability company,
Mortgagor, in favor of Pilot Bank, Mortgagee, recorded August 28, 2018 in Official Records Book 9201,
Page 714; together with Assignment of Leases and Rents recorded in Official Records Book 9201, Page
732, and UCC-1 Financing Statement recorded in Official Records Book 9201, Page 737, Public Records
of Seminole County, Florida.
4. Terms and conditions of that certain Temporary Sign Easement by and between Mahant Varni, LLC, a
Florida limited liability company, and the City of Sanford, a Florida municipal corporation, recorded in
Official Records Book 10225, Page 597, Public Records of Seminole County, Florida
NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder
may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by
contacting Commonwealth Land Title Insurance Company, Telephone 1-800-669-7450.
ALTA Owner's Policy
(6/17/06)
3 of 3
Copyright American Land Title Association. All rights reserved. ®!
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.