2496 Purchase of Property - E Airport Blvd - Kyle Conrad D'SouzaSTENSTROM, McINTOSH, COLBERT & WHIGHAM, P.A.
ATTORNEYS AND COUNSELORS AT LAW
WILLIAM L. COLBERT
FRANK C. WHIGHAM
300 INTERNATIONAL PARKWAY LONNIE N. GROOT
SUITE 100
DAVID W. HALL
KENNETH W. MCINTOSH
LAKE MARY, FLORIDA 32746
JULIAN NA E. GROOT
-RETIRED-
PHONE: (407) 322.2171
ROBERT K. McINTOSH
FAX: (407) 330-2379
-RETIRED-
WWW.STENSTROM.COM
July 24, 2023
City of Sanford
Attn: Traci Houchin, MMC, FCRM, City Clerk
300 North Park Avenue
Sanford, Florida 32771
Re: Purchase of real property located at E. Airport Boulevard, Sanford, Florida 32771
from Kyle Conrad D'Souza
Dear Madam City Clerk:
Please find enclosed the below listed documents:
> original recorded Warranty Deed; and
> original Owner's Policy of Title Insurance.
This completes this matter. As always, it is our pleasure to be of assistance to the City.
Sincerely,
STENSTROM, McINTOSH, COLBERT & WHIGHAM, P.A.
To""w/,
Danielle LaVerde, Real Estate Paralegal to Lonnie N. Groot, Assistant City Attorney
Enclosures
SERVING CENTRAL FLORIDA
—SINCE 1954 —
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2023062159 Bk:10469 Pg:306-307(2Pgs)
REC: 07/07/2023 10:19:04 AM by smaguire
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
(Not the preparer of the legal
description attached hereto)
Parcel ID: 01-20-30-512-0000-030A
Note to Clerk of the Circuit Court and Comptroller: This instrument has been executed and
delivered under threat of condemnation or in settlement of condemnation proceedings
affecting the property described in this instrument. Therefore, this instrument is exempt
from documentary stamp tax. See Rules 12B-4.014(13) and 12(B)-4.013(4), Florida
Administrative Code (2021).
WARRANTY DEED
THIS WARRANTY DEED made the 5th day of July, 2023, by Kyle Conrad
D'Souza, a single man (hereinafter referred to as "Grantor") to the City of Sanford, a
Florida municipal corporation, (hereinafter referred to as "Grantee") whose address
is 300 North Park Avenue, Sanford, Florida 32771.
WITNESSETH:
THAT GRANTOR, for and in consideration of the sum of Ten Dollars and no/100
($10.00), and other valuable consideration, receipt whereof is hereby acknowledged,
hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto
Grantee all that certain land situate in Seminole County, Florida, viz:
The South 94 feet of the West 115 feet of the East 300 feet of
Lot 30 and the North 67 feet of the West 115 feet of the East
300 feet of Lot 31, Amended Plat of Druid Park, according to
the map or plat thereof, as recorded in Plat Book 7, Pages 5
and 6, of the Public Records of Seminole County, Florida.
(hereinafter referred to as the "Property")
TOGETHER WITH all the tenements, hereditaments, and appurtenances thereto
belonging or in anywise appertaining.
SUBJECT TO easements, restrictions and reservations of record, if any.
However this reference thereto shall not serve to reimpose same.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND GRANTOR hereby covenant with Grantee that Grantor is lawfully seized of
the Property in fee simple; that Grantor has good right and lawful authority to sell and
convey the Property, and hereby warrants the title to the Property and will defend the
same against the lawful claims of all persons whomsoever; and that the Property is free
of all encumbrances. Together with all common law covenants of title, this conveyance
includes the covenant of further assurances.
IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day
and year first above written.
Signed, sealed and delivered
in the presenceof witnesses:
C Signature of Witness #1 r
Cl 41
Printed Name of Witness ##1
Y1&� Lemic -.
Signature �of Witness #2
C'/. k0'—ZA/
Printed Name of Witness #2
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
Kyle Conrad D'S.465—
120 Judith Place
Longwood, Florida 32779-7043
(Address of Grantor)
I HEREBY CERTIFY that on this 5th day of July, 2023, before me, an officer duly
authorized to administer oaths and take acknowledgments, personally appeared Kyle
Conrad D'Souza, a single man, by means of { v} physical presence or { } online
notarization, who is known to me to be the person described herein and who executed
the foregoing instrument, who acknowledged before me that he executed the same, and
who produced his Florida Driver License as identification.
(Affix Notary Seal) � n' � �� '4
Notary Public; State of Florida
YP� Danielle R. LaVerde
t ••. F� + DANIELLE R. LAVERDE
MY COMMISSION # HH 092802 Typed Name
o` EXPIRES: March 26, 2025 yp
Bonded Thru Notary Public Underwriters
Warranty Deed
Page 2 of 2
Commonwealth`
SAND T17Es. INSURANCE COMA#Y
Policy No.: 33994-2-C-651758-2023.8151209-230488015
ALTA OWNER'S POLICY OF TITLE INSURANCE
Issued by
COMMONWEALTH LAND TITLE INSURANCE COMPANY
This policy, when issued by the Company with a Policy Number and the Date of Policy, is valid even if this policy or
any endorsement to this policy is issued electronically or lacks any signature.
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 Condition 17.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE boundary line overlap, or encroachment
EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE (including an encroachment of an improvement
B, AND THE CONDITIONS, COMMONWEALTH LAND TITLE across the boundary lines of the Land), but
INSURANCE COMPANY, a Florida corporation, (the only if the encumbrance, violation, variation,
"Company") insures as of the Date of Policy and, to the adverse circumstance, boundary line overlap,
extent stated in Covered Risks 9 and 10, after the Date of or encroachment would have been disclosed by
Policy, against loss or damage, not exceeding the Amount an accurate and complete land title survey of
of Insurance, sustained or incurred by the Insured by the Land.
reason of: 3. Unmarketable Title.
The Title being vested other than as stated in
Schedule A.
Any defect in or lien or encumbrance on the Title.
Covered Risk 2 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, the failure of a person or Entity to
have authorized a transfer or conveyance;
iii. a document affecting the Title not
properly authorized, created, executed,
witnessed, sealed, acknowledged,
notarized (including by remote online
notarization), or delivered;
iv. a 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 the failure to have
performed those acts by electronic
means authorized by law;
vii. a defective judicial or administrative
proceeding; or
viii. the repudiation of an electronic
signature by a person that executed a
document because the electronic
signature on the document was not
valid under applicable electronic
transactions law.
(b) the lien of real estate taxes or assessments
imposed on the Title by a governmental
authority due or payable, but unpaid.
(c) the effect on the Title of an encumbrance,
violation, variation, adverse circumstance,
4. No right of access to and from the Land.
5. A violation or enforcement of a law, ordinance,
permit, or governmental regulation (including those
relating to building and zoning) but only to the
extent of the violation or enforcement described by
the enforcing governmental authority in an
Enforcement Notice that identifies a restriction,
regulation, or prohibition relating to:
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of an
improvement on the Land;
(c) the subdivision of the Land; or
(d) environmental remediation or protection on the
Land.
6. An enforcement of a governmental forfeiture,
police, regulatory, or national security power, but
only to the extent of the enforcement described by
the enforcing governmental authority in an
Enforcement Notice.
7. An exercise of the power of eminent domain, but
only to the extent:
(a) of the exercise described in an Enforcement
Notice; or
(b) the taking occurred and is binding on a
purchaser for value without Knowledge.
8. An enforcement of a PACA-PSA Trust, but only to
the extent of the enforcement described in an
Enforcement Notice.
9. The Title being vested other than as stated in
Schedule A, the Title being defective, or the effect
of a court order providing an alternative remedy:
(a) resulting from the avoidance, in whole or in
part, of any transfer of all or any part of the
Title to the Land or any interest in the Land
occurring prior to the transaction vesting the
Title because that prior transfer constituted a:
i. fraudulent conveyance, fraudulent transfer,
or preferential transfer under federal
bankruptcy, state insolvency, or similar
state or federal creditors' rights law; or
ii. voidable transfer under the Uniform
8151209 ALTA Owner's Policy 07/01/21 w -FL Mod -512
Copyright 2021 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
Voidable Transactions Act; or the Title in the Public Records to impart
(b) because the instrument vesting the Title notice of its existence to a purchaser for
constitutes a preferential transfer under federal value or to a judgment or lien creditor.
bankruptcy, state insolvency, or similar state or 10. Any defect in or lien or encumbrance on the Title or
federal creditors' rights law by reason of the other matter included in Covered Risks 1 through 9
failure: that has been created or attached or has been filed
i. to timely record the instrument vesting the or recorded in the Public Records subsequent to the
Title in the Public Records after execution Date of Policy and prior to the recording of the
and delivery of the instrument to the deed or other instrument vesting the Title in the
Insured; or Public Records.
ii. of the recording of the instrument vesting
DEFENSE OF COVERED CLAIMS
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
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Countersigne r.
By:,
Authorized Officer or Agent
William L Colbert By:
Stenstrom, McIntosh, Colbert & Whigham, P.A.
300 International Parkway, Ste 100 V�&
Lake Mary, FL 32746-4776 Michael 3. Nolan
Tel:407-322-2171 President
Fax:407-330-2379
Attest:�j%
l/lbiarjorie Nemzura
Secretary
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of (d) attaching or created subsequent to the Date of
this policy, and the Company will not pay loss or damage, Policy (Exclusion 3.d. does not modify or limit the
costs, attorneys' fees, or expenses that arise by reason of: coverage provided under Covered Risk 9 or 10); or
1. (a) any law, ordinance, permit, or governmental (e) resulting in loss or damage that would not have
regulation (including those relating to building and been sustained if consideration sufficient to qualify
zoning) that restricts, regulates, prohibits, or the Insured named in Schedule A as a bona fide
relates to: purchaser had been given for the Title at the Date
i the occupancy, use, or enjoyment of the Land; of Policy.
ii the character, dimensions or location of any 4. Any claim, by reason of the operation of federal
improvement on the Land; bankruptcy, state insolvency, or similar creditors' rights
iii the subdivision of land; or law, that the transaction vesting the Title as shown in
iv environmental remediation or protection; Schedule A, is a:
(b) any governmental forfeiture, police, regulatory, or (a) fraudulent conveyance or fraudulent transfer;
national security power. (b) voidable transfer under the Uniform Voidable
(c) the effect of a violation or enforcement of any Transactions Act; or
matter excluded under Exclusion 1.a. or i.b. (c) preferential transfer:
Exclusion 1 does not modify or limit the coverage i. to the extent the instrument of transfer
provided under Covered Risk 5 or 6. vesting the Title as shown in Schedule A is
2. Any power of eminent domain. Exclusion 2 does not not a transfer made as a contemporaneous
modify or limit the coverage provided under Covered exchange for new value; or
Risk 7. ii. for any other reason not stated in Covered
3. Any defect, lien, encumbrance, adverse claim, or other Risk 9.b.
matter: 5. Any claim of a PACA-PSA Trust. Exclusion 5 does not
(a) created, suffered, assumed, or agreed to by the modify or limit the coverage provided under Covered
Insured Claimant; Risk 8.
(b) not Known to the Company, not recorded in the 6. Any lien on the Title for real estate taxes or
Public Records at the Date of Policy, but Known to assessments imposed or collected by a governmental
the Insured Claimant and not disclosed in writing to authority that becomes due and payable after the Date
the Company by the Insured Claimant prior to the of Policy. Exclusion 6 does not modify or limit the
date the Insured Claimant became an Insured coverage provided under Covered Risk 2.b.
under this policy; 7. Any discrepancy in the quantity of the area, square
(c) resulting in no loss or damage to the Insured footage, or acreage of the Land or of any improvement
Claimant; to the Land.
8151209 ALTA Owner's Policy 07/01/21 w -FL Mod -512
Copyright 2021 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
lubjWOUP
1. DEFINITION OF TERMS
purposes by an Insured;
In this policy, the following terms have the meanings given
(3). a spouse who receives the Title
to them below. Any defined term includes both the singular
because of a dissolution of
and the plural, as the context requires:
marriage;
(a) "Affiliate": An Entity:
(4). a transferee by a transfer
i. that is wholly owned by the Insured;
effective on the death of an
ii. that wholly owns the Insured; or
Insured as authorized by law;
iii. if that Entity and the Insured are both wholly
or
owned by the same person or entity.
(5). another Insured named in Item 1
(b) "Amount of Insurance": The Amount of Insurance
of Schedule A.
stated in Schedule A, as may be increased by
ii. The Company reserves all rights and
Condition 8.d. or decreased by Condition 10 or
defenses as to any successor or grantee
11; or increased or decreased by endorsements
that the Company would have had against
to this policy.
any predecessor Insured.
(c) "Date of Policy": The Date of Policy stated in
(h)
"Insured Claimant": An Insured claiming loss or
Schedule A.
damage arising under this policy.
(d) "Discriminatory Covenant": Any covenant,
(i)
"Knowledge" or "Known": Actual knowledge or
condition, restriction, or limitation that is
actual notice, but not constructive notice
unenforceable under applicable law because it
imparted by the Public Records.
illegally discriminates against a class of
(j)
"Land": The land described in Item 4 of Schedule
individuals based on personal characteristics such
A and improvements located on that land at the
as race, color, religion, sex, sexual orientation,
Date of Policy that by State law constitute real
gender identity, familial status, disability, national
property. The term "Land" does not include any
origin, or other legally protected class.
property beyond that described in Schedule A,
(e) "Enforcement Notice": A document recorded in
nor any right, title, interest, estate, or easement
the Public Records that describes any part of the
in any abutting street, road, avenue, alley, lane,
Land and:
right-of-way, body of water, or waterway, but
L is issued by a governmental agency that
does not modify or limit the extent that a right of
identifies a violation or enforcement of a law,
access to and from the Land is insured by this
ordinance, permit, or governmental
policy.
regulation;
(k)
"Mortgage": A mortgage, deed of trust, trust
ii. is issued by a holder of the power of eminent
deed, security deed, or other real property
domain or a governmental agency that
security instrument, including one evidenced by
identifies the exercise of a governmental
electronic means authorized by law.
power; or
(1)
"PACA-PSA Trust": A trust under the federal
iii. asserts a right to enforce a PACA-PSA Trust.
Perishable Agricultural Commodities Act or the
(f) "Entity": A corporation, partnership, trust, limited
federal Packers and Stockyards Act or a similar
liability company, or other entity authorized by
State or federal law.
law to own title to real property in the State
(m)
"Public Records": The recording or filing system
where the Land is located.
established under State statutes in effect at the
(g) "Insured":
Date of Policy under which a document must be
i. a. The Insured named in Item 1 of
recorded or filed to impart constructive notice of
Schedule A;
matters relating to the Title to a purchaser for
b. the successor to the Title of an
value without Knowledge. The term "Public
Insured by operation of law as
Records" does not include any other recording or
distinguished from purchase,
filing system, including any pertaining to
including heirs, devisees, survivors,
environmental remediation or protection,
personal representatives, or next of
planning, permitting, zoning, licensing, building,
kin;
health, public safety, or national security matters.
C. the successor to the Title of an
(n)
"State": The state or commonwealth of the United
Insured resulting from dissolution,
States within whose exterior boundaries the Land
merger, consolidation, distribution,
is located. The term "State" also includes the
or reorganization;
District of Columbia, the Commonwealth of Puerto
d. the successor to the Title of an
Rico, the U.S. Virgin Islands, and Guam.
Insured resulting from its conversion
(o)
"Title": The estate or interest in the Land
to another kind of Entity; or
identified in Item 2 of Schedule A.
e. the grantee of an Insured under a
(p)
"Unmarketable Title": The Title affected by an
deed or other instrument transferring
alleged or apparent matter that would permit a
the Title, if the grantee is:
prospective purchaser or lessee of the Title or a
(1). an Affiliate;
lender on the Title to be released from the
(2). a trustee or beneficiary of a trust
obligation to purchase, lease, or lend if there is a
created by a written instrument
contractual condition requiring the delivery of
established for estate planning
marketable title.
8151209 ALTA Owner's Policy 07/01/21 w -FL Mod -512
Copyright 2021 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
2. CONTINUATION OF COVERAGE
prosecute or provide for the defense of any action or
This policy continues as of the Date of Policy in favor of an
proceeding and any appeals, the Insured will secure to the
Insured, so long as the Insured:
Company the right to prosecute or provide defense in the
(a) retains an estate or interest in the Land;
action or proceeding, including the right to use, at its
(b) owns an obligation secured by a purchase money
option, the name of the Insured for this purpose.
Mortgage given by a purchaser from the Insured; or
When requested by the Company, the Insured, at the
(c) has liability for warranties given by the Insured in any
Company's expense, must give the Company all reasonable
transfer or conveyance of the Insured's Title.
aid in:
Except as provided in Condition 2, this policy terminates
1. securing evidence, obtaining witnesses, prosecuting or
and ceases to have any further force or effect after the
defending the action or proceeding, or effecting
Insured conveys the Title. This policy does not continue in
settlement; and
force or effect in favor of any person or entity that is not
ii. any other lawful act that in the opinion of the
the Insured and acquires the Title or an obligation secured
Company may be necessary or desirable to establish
by a purchase money Mortgage given to the Insured.
the Title or any other matter, as insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED
If the Company is prejudiced by any failure of the Insured
CLAIMANT
to furnish the required cooperation, the Company's liability
The Insured must notify the Company promptly in writing if
and obligations to the Insured under this policy terminate,
the Insured has Knowledge of:
including any obligation to defend, prosecute, or continue
(a) any litigation or other matter for which the Company
any litigation, regarding the matter requiring such
may be liable under this policy; or
cooperation.
(b) any rejection of the Title as Unmarketable Title.
(b) The Company may reasonably require the Insured
If the Company is prejudiced by the failure of the
Claimant to submit to examination under oath by any
Insured Claimant to provide prompt notice, the
authorized representative of the Company and to produce
Company's liability to the Insured Claimant under this
for examination, inspection, and copying, at such
policy is reduced to the extent of the prejudice.
reasonable times and places as may be designated by the
4. PROOF OF LOSS
authorized representative of the Company, all records, in
The Company may, at its option, require as a condition of
whatever medium maintained, including books, ledgers,
payment that the Insured Claimant furnish a signed proof
checks, memoranda, correspondence, reports, e-mails,
of loss. The proof of loss must describe the defect, lien,
disks, tapes, and videos, whether bearing a date before or
encumbrance, adverse claim, or other matter insured
after the Date of Policy, that reasonably pertain to the loss
against by this policy that constitutes the basis of loss or
or damage. Further, if requested by any authorized
damage and must state, to the extent possible, the basis of
representative of the Company, the Insured Claimant must
calculating the amount of the loss or damage.
grant its permission, in writing, for any authorized
5. DEFENSE AND PROSECUTION OF ACTIONS
representative of the Company to examine, inspect, and
(a) Upon written request by the Insured, and subject to
copy all the records in the custody or control of a third
the options contained in Condition 7, the Company, at its
party that reasonably pertain to the loss or damage. No
own cost and without unreasonable delay, will provide for
information designated in writing as confidential by the
the defense of an Insured in litigation in which any third
Insured Claimant provided to the Company pursuant to
party asserts a claim covered by this policy adverse to the
Condition 6 will be later disclosed to others unless, in the
Insured. This obligation is limited to only those stated
reasonable judgment of the Company, disclosure is
causes of action alleging matters insured against by this
necessary in the administration of the claim or required by
policy. The Company has the right to select counsel of its
law. Any failure of the Insured Claimant to submit for
choice (subject to the right of the Insured to object for
examination under oath, produce any reasonably requested
reasonable cause) to represent the Insured as to those
information, or grant permission to secure reasonably
covered causes of action. The Company is not liable for and
necessary information from third parties as required in
will not pay the fees of any other counsel. The Company
Condition 6.b., unless prohibited by law, terminates any
will not pay any fees, costs, or expenses incurred by the
liability of the Company under this policy as to that claim.
Insured in the defense of any cause of action that alleges
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
matters not insured against by this policy.
TERMINATION OF LIABILITY
(b) The Company has the right, in addition to the options
In case of a claim under this policy, the Company has the
contained in Condition 7, at its own cost, to institute and
following additional options:
prosecute any action or proceeding or to do any other act
(a) To Pay or Tender Payment of the Amount of
that in its opinion may be necessary or desirable to
Insurance.
establish the Title, as insured, or to prevent or reduce loss
To pay or tender payment of the Amount of Insurance
or damage to the Insured. The Company may take any
under this policy. In addition, the Company will pay any
appropriate action under the terms of this policy, whether
costs, attorneys' fees, and expenses incurred by the
or not it is liable to the Insured. The Company's exercise of
Insured Claimant that were authorized by the Company up
these rights is not an admission of liability or waiver of any
to the time of payment or tender of payment and that the
provision of this policy. If the Company exercises its rights
Company is obligated to pay.
under Condition 5.b., it must do so diligently.
Upon the exercise by the Company of this option provided
(c) When the Company brings an action or asserts a
for in Condition 7.a., the Company's liability and
defense as required or permitted by this policy, the
obligations to the Insured under this policy terminate,
Company may pursue the litigation to a final determination
including any obligation to defend, prosecute, or continue
by a court having jurisdiction. The Company reserves the
any litigation.
right, in its sole discretion, to appeal any adverse judgment
(b) To Pay or Otherwise Settle with Parties other than the
or order.
Insured or with the Insured Claimant
6. DUTY OF INSURED CLAIMANT TO COOPERATE
i. To pay or otherwise settle with parties other than
(a) When this policy permits or requires the Company to
the Insured for or in the name of the Insured
8151209 ALTA Owner's Policy 07/01/21 w -FL Mod -512
Copyright 2021 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 4
Claimant. 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. 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.
Upon the exercise by the Company of either option
provided for in Condition 7.b., the Company's liability and
obligations to the Insured under this policy for the claimed
loss or damage terminate, including any obligation to
defend, prosecute, or continue any litigation.
8. CONTRACT OF INDEMNITY; DETERMINATION AND
EXTENT OF LIABILITY
This policy is a contract of indemnity against actual
monetary loss or damage sustained or incurred by an
Insured Claimant who has suffered loss or damage by
reason of matters insured against by this policy. This policy
is not an abstract of the Title, report of the condition of the
Title, legal opinion, opinion of the Title, or other
representation of the status of the Title. All claims asserted
under this policy are based in contract and are restricted to
the terms and provisions of this policy. The Company is not
liable for any claim alleging negligence or negligent
misrepresentation arising from or in connection with this
policy or the determination of the insurability of the Title.
(a) The extent of liability of the Company for loss or
damage under this policy does not exceed the lesser
of:
i. the Amount of Insurance; or
ii. the difference between the fair market value of
the Title, as insured, and the fair market value of
the Title subject to the matter insured against by
this policy.
(b) Except as provided in Condition 8.c. or 8.d., the fair
market value of the Title in Condition 8.a.ii. is
calculated using the date the Insured discovers the
defect, lien, encumbrance, adverse claim, or other
matter insured against by this policy.
(c) If, at the Date of Policy, the Title to all of the Land is
void by reason of a matter insured against by this
policy, then the Insured Claimant may, by written
notice given to the Company, elect to use the Date of
Policy as the date for calculating the fair market value
of the Title in Condition 8.a.ii.
(d) If the Company pursues its rights under Condition
5.b. and is unsuccessful in establishing the Title, as
insured:
i. the Amount of Insurance will be increased by
15%; and
ii. the Insured Claimant may, by written notice given
to the Company, elect, as an alternative to the
dates set forth in Condition 8.b. or, if it applies,
8.c., to use either the date the settlement, action,
proceeding, or other act described in Condition
5.b. is concluded or the date the notice of claim
required by Condition 3 is received by the
Company as the date for calculating the fair
market value of the Title in Condition 8.a.ii.
(e) In addition to the extent of liability For loss or damage
under Conditions 8.a. and 8.d., the Company will also
pay the costs, attorneys' fees, and expenses incurred
in accordance with Conditions 5 and 7.
9. LIMITATION OF LIABILITY
(a) The Company fully performs its obligations and is not
liable for any loss or damage caused to the Insured if
the Company accomplishes any of the following in a
reasonable manner:
i. removes the alleged defect, lien,
encumbrance, adverse claim, or other
matter;
ii. cures the lack of a right of access to and from
the Land; or
iii. cures the claim of Unmarketable Title,
all as insured. The Company may do so by
any method, including litigation and the
completion of any appeals.
(b) The Company is not liable for loss or damage arising
out of any litigation, including litigation by the
Company or with the Company's consent, until a
State or federal court having jurisdiction makes a
final, non -appealable determination adverse to the
Title.
(c) The Company is not 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.
(d) The Company is not liable for the content of the
Transaction Identification Data, if any.
10. REDUCTION OR TERMINATION OF INSURANCE
All payments under this policy, except payments made for
costs, attorneys' fees, and expenses, reduce the Amount
of Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance will 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 the Date of Policy and
which is a charge or lien on the Title, and the amount so
paid will be deemed a payment to the Insured under this
policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage are
determined in accordance with the Conditions, the
Company will pay the loss or damage within 30 days.
13. COMPANY'S RECOVERY AND SUBROGATION RIGHTS
UPON SETTLEMENT AND PAYMENT
(a) If the Company settles and pays a claim under this
policy, it is subrogated and entitled to the rights and
remedies 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, entity,
or property to the fullest extent permitted by law, but
limited to the amount of any loss, costs, attorneys'
fees, and expenses paid by the Company. If
requested by the Company, the Insured Claimant
must execute documents to transfer these rights and
remedies to the Company. The Insured Claimant
permits 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.
(b) If a payment on account of a claim does not fully
cover the loss of the Insured Claimant, the Company
defers the exercise of its subrogation right until after
the Insured Claimant fully recovers its loss.
(c) The Company's subrogation right includes the
Insured's rights to indemnity, guaranty, warranty,
insurance policy, or bond, despite any provision in
those instruments that addresses recovery or
8151209 ALTA Owner's Policy 07/01/21 w -FL Mod -512
Copyright 2021 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 S
subrogation rights.
(b) Choice of Forum
14. POLICY ENTIRE CONTRACT
Any litigation or other proceeding brought by the
(a) This policy together with all endorsements, if any,
Insured against the Company must be filed only in a
issued by the Company is the entire policy and
State or federal court having jurisdiction.
contract between the Insured and the Company. In
17. NOTICES
interpreting any provision of this policy, this policy will
Any notice of claim and any other notice or statement in
be construed as a whole. This policy and any
writing required to be given to the Company under this
endorsement to this policy may be evidenced by
policy must be given to the Company at
electronic means authorized by law.
COMMONWEALTH LAND TITLE INSURANCE COMPANY,
(b) Any amendment of this policy must be by a written
Attn: Claims Department, P.O. Box 45023, Jacksonville,
endorsement issued by the Company. To the extent
FL 32232-5023.
any term or provision of an endorsement is
18. ARBITRATION
inconsistent with any term or provision of this policy,
(a) All claims and disputes arising out of or relating to
the term or provision of the endorsement controls.
this policy, including any service or other matter in
Unless the endorsement expressly states, it does not:
connection with issuing this policy, any breach of a
i. modify any prior endorsement,
policy provision, or any other claim or dispute arising
ii. extend the Date of Policy,
out of or relating to the transaction giving rise to this
iii. insure against loss or damage exceeding the
policy, may be submitted to binding arbitration only
Amount of Insurance, or
when agreed to by both the Company and the
iv. increase the Amount of Insurance.
Insured. Arbitration must be conducted pursuant to
15. SEVERABILITY
the Title Insurance Arbitration Rules of the American
In the event any provision of this policy, in whole or in
Land Title Association ("ALTA Rules"). The ALTA Rules
part, is held invalid or unenforceable under applicable law,
are available online at www.alta.org/arbitration. The
this policy will be deemed not to include that provision or
ALTA Rules incorporate, as appropriate to a particular
the part held to be invalid, but all other provisions will
dispute, the Consumer Arbitration Rules and
remain in full force and effect.
Commercial Arbitration Rules of the American
16. CHOICE OF LAW AND CHOICE OF FORUM
Arbitration Association ("AAA Rules"). The AAA Rules
(a) Choice of Law
are available online at www.adr.org.
The Company has underwritten the risks covered by
(b) If there is a final judicial determination that a request
this policy and determined the premium charged in
for particular relief cannot be arbitrated in accordance
reliance upon the State law affecting interests in real
with this Condition 18, then only that request for
property and the State law applicable to the
particular relief may be brought in court. All other
interpretation, rights, remedies, or enforcement of
requests for relief remain subject to this Condition 18.
policies of title insurance of the State where the Land
(c) Fees will be allocated in accordance with the
is located.
applicable AAA Rules. The results of arbitration will be
The State law of the State where the Land is located,
binding upon the parties. The arbitrator may consider,
or to the extent it controls, federal law, will determine
but is not bound by, rulings in prior arbitrations
the validity of claims against the Title and the
involving different parties. The arbitrator is bound by
interpretation and enforcement of the terms of this
rulings in prior arbitrations involving the same parties
policy, without regard to conflicts of law principles to
to the extent required by law. The arbitrator must
determine the applicable law.
issue a written decision sufficient to explain the
findings and conclusions on which the award is based.
Judgment upon the award rendered by the arbitrator
may be entered in any State or federal court having
jurisdiction.
8151209 ALTA Owner's Policy 07/01/21 w -FL Mod -512
Copyright 2021 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
(*'commonwealth
LAND TITLE INSURANCE COMPANY
Transaction Identification Data, for which the Company assumes no liability as set forth in Condition 9.d.:
Issuing Agent: Stenstrom, McIntosh, Colbert & Whigham, P.A.
Issuing Office: 300 International Parkway, Ste 100,
Lake Mary, FL 32746
Issuing Office's ALTA® Registry ID:
Issuing Office File Number: Sanford/Smith/Station 32 Ext
Order No: 11134963
Property Address: E Airport Boulevard
Sanford, FL 32771
SCHEDULE A
Name and Address of Title Insurance Company:
Commonwealth Land Title Insurance Company
Attn: Claims Department
P. O. Box 45023, Jacksonville, FL 32232-5023
Policy Number:
Amount of Insurance: $175,000.00
Date of Policy:
The Insured is:
City of Sanford, Florida, a municipal corporation
2. The estate or interest in the Land insured by this policy is:
Fee Simple
3. The Title is vested in:
City of Sanford, Florida, a municipal corporation, by virtue of that certain Warranty Deed dated July 5, 2023
and recorded July 7, 2023 in Official Records Book 10469, Page 306, Public Records of Seminole County,
Florida
4. The Land is described as follows in Exhibit "A" attached hereto and made part hereof.
51209
ALTA Owner's Policy of Title Insurance (7-1-21) w -FL Mod
Copyright 2021 American Land Title Association. All rights reserved. r!
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.
recommonwealth
LANO TITLE INSORANCC COMPANY
EXHIBIT "A"
Policy Number:
Order No.: 11134963
Sanford/Smith/Station 32 Ext
The South 94 feet of the West 115 feet of the East 300 feet of Lot 30 and the North 67 feet of the West 115 feet of
the East 300 feet of Lot 31, Amended Plat of Druid Park, according to the map or plat thereof, as recorded in Plat
Book 7, Pages 5 and 6, of the Public Records of Seminole County, Florida.
51209
Copyright 2021 American Land Title Association. All rights reserved.
ALTA Owner's Policy of Title Insurance (7-1-21) w -FL Mod
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.
awl
commonwealth
LAND TlTlt INSURANCE COMPANY
Policy Number:
SCHEDULE B
EXCEPTIONS FROM COVERAGE
Order No.: 11134963
Sanford/Smith/Station 32 Ext
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law.
This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each
Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the
remaining provisions of the document are excepted from coverage.
This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or
expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the
following matters:
1. Taxes and assessments for the year 2023 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.
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.
51209
Copyright 2021 American Land Title Association. All rights reserved.
ALTA Owner's Policy of Title Insurance (7-1-21) w -FL Mod
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.
19