862-Henderson Land Donation
execution and delivery shall be at no cost to the Estate, and the City shall bear the cost of any documentary
stamp fees, transfer taxes, or recording costs that may be imposed by reason of the delivery or recording of
such deed.
3. Title Evidence. The Estate shall not be responsible to the City for the costs of any title
insurance, title examination, or other undertaking for the purpose of providing the City with evidence of
rifle as to the Property. If the City wishes to obtain any such title evidence, the Estate, at no cost to the
Estate, will provide any such documents as are appropriate and in the custody of the City, and reasonably
will cooperate with the City as may be required to assist the City in obtaining such Title Evidence.
4. Use of Prol~ertv. The Estate is donating the Property to the City on the express condition
that the Property be used solely and exclusively for parks, recreation, and open space uses, and for no other
use Or purpose.
5. Sl~ecial Covenants. The City covenants and agrees with Mrs. McReynolds and Mrs.
Wo~h as follows:
(a) The City intends to use the Property solely and exclusively for parks, recreation,
and open space uses, and for no other use or purpose.
(b) As of the date hereof, the City intends fully to develop the Property, and to that
end the City has budgeted for a Community Master Plan, including designs for using the Property
for parks, recreation, and open space purposes.
(c) The City expressly states that it has no present intention to sell, exchange, or
otherwise dispose of the Property, and is accepting the Property for the use and benefit of the City
and its residents, for the betterment of the community, all as contemplated by the terms of this
Agreement.
6. Disuosition of Pronetry. If the City ever determines to sell or otherwise dispose of the
Property, the City will do so in accordance with the following provisions of this paragraph 6:
(a) If the Property is sold, it shall be sold for full and adequate consideration, and the
full proceeds shall be deposited with one or more municipal funds maintained by the City solely for
parks, recreation, and open space uses.
(b) If the Property is traded or exchanged, it shall be traded or exchanged only for real
property to be used by the City only for parks, recreation, and open space uses; and thereafter such
replacement shall be held by the City subject to the same restrictions and limitations as are
applicable to the Property by reason of the provisions of the Deed and the provisions of this
Agreement. Following such trade or exchange, any real propcry received in exchange for the
Property shall become a substitute therefor, and in all respects shall be subject to all restrictions,
limitations, and conditions set out herein, specifically including the provisions of paragraph 6(a)
hereof.
(c) The City may donate or contribute the PropenZ¢ to an organization or group of
organizations that are described in section 501(e)(3) of the Internal Revenue Code of 1986 (the
2
"Code"), and to which contributions are deductible pursuant to the provisions of section 170 of the
Code, and having as one of their principal purposes community development, working with inner-
city youth and other residents, or other, similar, community assistance and development purposes.
7. Amendment and Waiver. This Agreement may not be mended or modified at any time
and or in any respect, nor may any provisions be waived, except by written instrument executed by the
party to be charged with such amendment or waiver.
8. Sections and Other Headml~s. Section, paragraph, and other headings contained in this
Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of
this Agreement.
9. Countemart Execution. This Agreement may be executed in two or more counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one instrument.
Facsimile signatures may be deemed binding for this Agreement, or any modification or amendment hereto,
or any leases or other documents contemplated hereby, provided that originals of same are delivered within
a reasonable time.
10. Constraction. All gender references employed in this Agreement shall include all genders,
the singular shall include the plural, and the plural shall include the singular as permitted or required by the
context.
11. Parties in Interest. This Agreement shall be binding on and shall inure to the benefit of the
parties hereto and their respective successors and assigns.
12. Entire A~reement. This Agreement constitutes the entire agreement between the parties
hereto and there are no agreements, understandings, restrictions, warranties, or representations between the
parties with respect to the subject matter hereof other than as set forth herein or as herein provided.
IN WITNESS WItEREOF, the parties have caused this Land Donation Agreement to be executed
as of the date first stated above.
ESTATE 01~ IRA VINSON tlENDERSON,
(Dat~ Signed) Mamie Rut ods,
d2.~7, d 5 By: ~re4ne4
(Date Signed) ]~. Worthy
Co-Personal Representative
an or
By:
arty A. Dale~ Mayor
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this a g 4 ~ day of July, 2000, by
LARRY A. DALE, Mayor of the City of Sanford, Florida, and who is personally known to me.
Not . Pub,ic - state of F,o da
The foregoing instrument was acknowledged before me this day of "~
by MAMIE McREYNOLDS y known to
ro
Notary Public ~ State of ~
NOTARY PUBUO
COUNTY OF ~ ctt/L
The foregoing instrument was acknowledged b fore me this 6i~ day of
~ , 2000, by LAURENE H. WORTH ~w~ho is persona~y ~n'own to me or [] who
produced
4
MARYANNE MORSE SEMINOLE CO lqTY, FL
C~ ERF, n~ r'T'~T'~!J!T COURT RECOROEO & '- ER~FIED
59221 2 2000SEP20 PH 15
J~cs A, ~cNabb, Jr.
510 Vcn~is Cou~
Maid~d FL 32751 ........ ~
PERSONAL P S NT TIVFS
DIST~BUTI~ DEED
THIS INDENTU~, made ~s day of Aught, 2000, by ~d be~een Mamie Ruthe
McReynolds, whose m~ling address is 1122 Skyl~k L~e, L~t~ Florida 33462, ~d
Laurene Wo~h, whose mailing ad&ess is P.O. Box 382, Clefston FL 33440, ~e duly
qu~ified ~d acting Co-Person~ Representatives of ~e Estate of Ira Vinson Henderson,
deceased (collectively, ~e "Gr~tor"), ~d Ci~ of S~ford, Flofi~ a m~cip~ coloration,
whose ad&ess is 300 No~ P~k Avenue, S~ord, Florida 32771 (~e "~tee").
WITNESSETH: ~at WHE~AS, Ira Vinson Henderson died testate a resident of Seminole
Co~ty, Flo~da, on April 19, 1995, se~ed ~d possessed of~e real prope~ herein~er
desc~bed; ~d
WHE~AS, decedent's Last will and Testmerit was admired to probate ~d recorded by the
Circuit Co~ for Seminole Co~, Florida, Probate Division, in Case No. 95-561-CP; ~d
WHE~AS, ~e ~tor wishes to distribute said property to ~e Gr~tee, ~d to evidence the
rele~e of the prope~ from ~y right of~e Gr~tor to sell or encmber such prope~ p~su~t
the ~e provisions of such decedent's Last Will ~d Testment, or as provided by law.
NOW, THEREFOr, in consideration of the foregoing ~d in co~ection ~th the distribution
of~e estate of said decedent, the Gr~tor has released to ~e Gr~tee ~e right to sell or
encmber s~d prope~, ~d by these presents ~d grated, conveyed, ~d co~ed ~to ~e
Gr~tee, its successor ~d ~signs forever, all of ~e interest of s~d decedent in and to the real
prope~y sireted in Seminole Co~ty, Florida, ~d more p~icul~ly described in E~bit "A"
hereto.
TOGETHER with all and singular the tenements, hereditaments and appurtenances belonging
to or in any way appertaining to that real property, subject to all restfictions, reservations and
easements of record, if any, and ad valorem taxes for the current year.
PROVIDED, ALWAYS that the Grantee shall hold and use the said property only for parks,
recreation area, open spaces area, or similar uses, all for the benefit of the public; and
PROVIDED, FURTHER, that the conveyance evidenced hereby, and the lands conveyed hereby, at
all times shall be subject to the restrictions, limitations, and conditions set forth in that certain
"Land Donation Agreement" of even date herewith, between the Grantor heroin and the Grantee
heroin.
Because this deed is given to evidence the distribution of assets of a decedent's estate and
involves the assumption of no mortgage, minimum state documentary stumps are affixed.
o ..,on arY* r)
$ Intangible Tax Pd,
M~try~nne Morse, Clerk Sem~ole
Cn,,.,~. t',./: k ~
IN WITNESS WHEREOF, the undersigned, as Co-Personal Representatives of the Estate of
Vinson Henderson, deceased, have executed this Personal Representative's Distributive Deed
under seal on the date aforesaid.
in the presence of:
Print: ~lh~'t~e..l ~5,{~1~'/~/1~ | ~/~, Mamie R nol
Representativeof the Estate of Ira Vinson
Print: ~el
Ea~ene Wo~, Co-Representative of
the Estate of Ira Vhson Henderson, dece~ed
STATE OF ~
COUNTy%FW/~D~ti..
Sworn to and subscribed before me this ~ day of August, 2000, by Marnie Ruthe
McReynolds, who [ 'T is personally known to me, OR who [ ] produced
--- as identification.
STATE OF ~ ~;UOj--t4~Z~--
COUNTYOF ~g~.,,tett, Z,
Sworn to and subscribed before me this %day of August, 2000, by Laurene Worth,
who [ q"is personally known to me, OR who [ ] produced -"' as
identification.
.... ~ - - ~. . . _-. ' NOTARY PUBLIC
~ ~ {X~JP~F~, ~ ~, ~ My Commission Expires
-2-
OFFICIAL RECORDS
8[!n!~ PAGE'
392L. 1616
SEHINOLE CO.,FL
~' ... . ~ ' . .""~..~.~'.~.
(American Land Title Association Commitment -- 1966 Rev.)
Delivered zoith and printed on.this Commibnent Jacket is the . ::
Closing Protection' Letfer promulgated under Rule 4-186.010, FjLC. .
COMMITMENT
AND
CLOSING PROTECTION LETTER
Attorneys' Title Insurance Fund, Inc.
ORLANDO FLORIDA
Commitment To Insure Title
ATTORNEYS' TI I'LE INSURANCE FLrND, INC., aFlorida corporation, herein called THE FUND,~
for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as
identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or
mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule
A; subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the
amount of the policy or policies committed for have been inserted in Schedule A hereof by THE
FUND, either at the time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shah cease and terminate six months after the effective date
hereof or when the policy or policies committed for shall issue, whichever first occurs, provided
that the failure to issue such policy or policies is not the fault of THE FUND.
In Witness Whereof, ATTORNEYS' TITLE INSURANCE FUND, INC. has caused this Commitment
to be signed and sealed as of the effective date of Commitment shown in Schedule A, the
Commitment to become valid when countersigned by an authorized signatory.
A rn T~ Insurance Fund, Inc.
tto eys' ',le
Charles J. Kovaleski
· President
SERIAL
CF- 04~4~46
FUND FORM CF {rev. 5/99)
Standard Exceptions
The owner policy will be subject to the mortgage, if any, noted under item two of Section I of Schedule B
hereof. All policies will be subject to the following exceptions: (1) taxes for the year of the effective date of
this Commitment 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) encroachmerits,
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 sb~own 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 rec~,rds.
Conditions and Stipulations
1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security
instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse
claim or other matter affecting the estate or interest or mortgage thereon covered by this
Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge
to THE FUND in writing, THE FUND shall be relieved from liability for any loss or damage resulting
from any act of reliance hereon to the extent THE FUND is prejudiced by failure to so disclose such
knowledge. If the proposed Insured shall disclose such knowledge to THE FUND, or if THE FUND
otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other
matter, THE FUND at its option may amend Schedule B of this Commitment accordingly, but such
amendment shall not relieve THE FUND from liability previously incurred pursuant to paragraph
3 of these Conditions and Stipulations.
3. Liabilityof THEFUNDunderthisCommitmentshaLlbeonlytothenamedproposedInsuredandsuch
parties included under the definition of Insured in the form of policy or policies committed for and
only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the
requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the
estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability
exceed the amount stated in Schedule A for the policy or policies committed for and such liability is
subject to the insuring provisions, the Exclusions from Coverage and the Conditions and Stipulations
of the form of policy or policies committed for in favor of the proposed Insured which are hereby
incorporated by reference and are made a part of this Commitment except as expressly modified
herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against THE
FUND arising out of the status of the title to the estate or interest or the status of the mortgage thereon
covered by this Commitment must be based on and are subject to the provisions of this Commitment.
8~
~ ~ o o
· ,/,, FUND COMMITMENT ~ -~
Schedule A
Commitment No.: CF-0414846 Fund File Number 17-2000-1561
Effective Date: July 9, 2000 at 11:00 p.m. C-50,493
Agentis File Reference: SANFORD/13TH STREET PARK
1. Policy or Policies to be issued: Proposed Amount of Insurance
OWNER'S: ALTA Owner's Policy (10/17/92). (If other, specify.) $100,000.00
Proposed Insured:
The City of Sanford
MOR TGA GEE:
Proposed Insured:
2. The estate or interest in the land described or referred to in this commitment is a fee simple and
title thereto is at the effective date hereof vested in:
Beneficiaries of the Estate of Ira Vinson Henderson a/k/a Vinson Henderson, deceased, subject to
estate proceedings.
3. The land referred to in this commitment is described as follows:
Legal description set forth on "Exhibit "A" attached.
AGENT NO.: 1487 MAILING ADDRESS:
ISSUED BE' Stenstrom McIntosh et al
200 W 1st St Suite 22
A GENT'S SIGNATURE //~~ ~~
William L. Colbert, Esq. Rev. l.1
Page 1 of 3
FUND COMMITMENT
Schedule B
Commitment No.: CF-0414846 FundFileNumber 17-2000-1561
C-50,493
L The following are the requirements to be complied with:
1. Payment of the full consideration to, or for the account of, the grantors or mortgagors.
2. Instruments creating the estate or interest to be insured which must be executed, delivered
andfiled for record:
a. Personal Representative's Deed from Mamie R. McReynolds, as Personal
Representative of the Estate of Ira Vinson Henderson a/k/a Vinson Henderson,
deceased, to the proposed insured purchaser(s), if the property was not the decedent's
homestead. If the property was the decedent's homestead, then a Warranty Deed, in
favor of the proposed insured purchaser(s), from those persons(s) entitled to the subject
property, joined by their spouses, if married, must be executed, delivered, and filed of
record unless not required in accordmace with current law.
3. A determination mast be made that there are no unrecorded special assessment liens or
unrecorded liens arising by virtue of ordinances, unrecorded agreements as to impact or
other development fees, unpaid waste fees payable to the county or municipality, or unpaid
service charges under Ch. 159, F. S., or county ordinance.
4.Proper probate of the Estate of Ira Vinson Henderson a/k/a Vinson Henderson, deceased.
(Case No. 95-56i-CP).
5. Corrective Deed from Clara M. Ball to correct the Legal Description contained in the Deed
recurded in O.R. Book 2247, Page 65, Public Records of Seminole County, Florida. (Parcel
1 shows an incorrect Tier No.)
IZ Schedule B of the policy or policies to be issued will contain exceptions to the following matters
unless the same are disposed of to the satisfaction of The Fund:
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first
appearing in the public records or attaching subsequent to the effective date hereof but
prior to the date the proposed insured acquires for value of record the estate or interest or
mortgage thereon covered by this commitment.
2. Any owner and mortgagee policies issued pursuant hereto will contain under Schedule B
the standard exceptions set forth at the inside cover hereof unless an affidavit of possession
and a satisfactory current survey are submitted, an inspection of the premises is made, it is
determined the current year's taxes or special assessments have been paid, and it is
determined there is nothing of record which would give rise to construction liens which
could take priority over the interest(s) insured hereunder (where the liens would otherwise
take priority, submission of waivers is necessary).
Page 2 of 3
FUND COMMITMENT
Schedule B
Commitment No.: CF-0414846 Fund File Number 17-2000-1561
C-50,493
3. Federal liens, if any, filed with the Office of the Secretary of State, pursuant to Sec.
713.901, et seq., F.S., which became effective January 1, 1993, and which designated that
Office as the place for filing federal liens against tangible and intangible personal property
of partnerships~ corporations, trusts and decedents' estates. For insuring purposes,
personal property includes, but is not limited to, mortgages, leaseholds, mortgages on
leaseholds, interests in cooperative associations, ventlees' interests, and options.
4. Taxes for the year of the effective date of this policy.
Page 3 of 3
~,~ ,i,~ ~,~ (Arner~can Land Title Association Owners Policy - 1 O- 17-92) (With Florida M~difrcatTons) ~
0 WNER 'S TITLE INS U, RANCE POLICY
Attorneys' Title Insurance Fund, Inc.
ORLANDO, FLORIDA
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM
COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPU-
LATIONS, ATTORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation,
herein called The Fund, 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 rifle; · M) -.
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Fund will also pay the costs, attorneys' fees and expenses incurred in defense of
the tide, as insured, but only to the extent provided in the Conditions and Stipula-
tions.
In Witness Whereof, ATTORNEYS' TITLE INSURANCE FUND, INC. 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.
[~:~""i~ Attorneys' Title Insurance Fund, Inc.
SEAL
· -<-.'. .....................'y
By
Charles J. Kovaleski
President
SERIAL
opr - 1696272
FUND FORM OPM (rev. 3/98)
Attorneys
Tide InsH~ce F~d,
IDC.
0~0, ~O~DA
assistance in resolving complaints,
call 407-240-3863.
Offices at
6454 Colorate Centre Boulevard
Orlando,~S2822
(407) 240-386~ * (800) 33~863
FUND OWNER'S FORM
SCHEDULE A
Policy No.: OPM-t696272 Effective Date: September 20, 2000 Agent's File Reference: C-50,493
at 4:15 p.m.
Amount of Insurance: $100,000.00 .
1. Name of Insured: CITY OF SANFORD, a Florida municipal corporation
2. The estate of interest in the land described herein and which is covered by this policy is a fee simple (if other,
specify same) and is at the effective date hereof vested in the name insured as shown by instrument recorded in
Official Records Book 3924, Page 1614, of the Public Records of Seminole County, Florida.
3. The land referred to in this policy is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO.
I, the undersigned agent, hereby certify that
· the transaction insured herein is governed by RESPA, [] Yes X No
· if Yes to the above, I have performed all "core title agent services." [] Yes [] No
ISSUED BY: ~
WILLIAM L. COLBERT, OF AG GNAT
STENSTROM, MclNTOSH, COLBERT,
WHIGHAM & SIMMONS, P.A.
P.O. Box 4848
Sanford, FL 32772-4848
FUND OWNER'S FORM
SCHEDULE B
Policy No.: OPM-1696272
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 matedal heretofore or hereafter furnished, imposed
by law and not shown by the public records.
6. Land Donation Agreement recorded September 20, 2000 in O.R. Book 3924, Page 1609, Public
Records of Seminole County, Florida,
LEV, A I~OOARSE, E.
Pe~es~11~
& RSSOCZRTES, ~NC.
*~.E. :8 ~ ') 'l'~~ Seotechnical, Environmental Seotechnics &Materials Engineering
SYL~A~A~P~t
DmD~EEU July 19, 2000
s~ Project No. W99-E-034 ~ L'"
2 0 2000
Mr. Tony V~der Wo~, City Manager E
[ City of S~ford
P.O. Box 1788
S~ford, Flori~ 32772-1788
ReH~ce ~tter for Remov~ ~d D~pos~ of Pe~ole~ Cont~ated So~
13~ Street Prope~y (V~son Hendenon Estate)
S~ford, Sem~ole Co~ty, Florida
Dear Mr. Vander Worp:
Nodarse & Associates, Inc. (N&A), under contract with Ms. Ruthe McReynolds and
Ms. Laurene Worth, executed and completed Phase II Environmental Site Assessment
(ESA), and removal and disposal of petroleum contaminated soil activities at a parcel
known as the 13~ Street Property which was identified as part of the Vinson Henderson
Estate. Under contract with Ms. McReynolds and Ms. Worth, petroleum contaminated
soil identified on-site was removed and disposed of utilizing procedures and methodologies
approved by the Florida Department of Environmental Protection (FDEP) Chapter 62-770
guidelines. Approximately 322 tons of petroleum contaminated soil was removed from the
site, and transported and disposed of by low temperature incineration by an FDEP
permitted facility (C.A. Meyer Construction Company). These activities took place in
May 1999.
Upon completion of these activities, follow up testing and analysis indicated that no
additional petroleum contaminated soil above state soil cleanup guidelines as established
by the FDEP. As a result of these activities, a removal and disposal of petroleum
contaminated soil report dated July 1, 1999 was issued. A copy of that report is attached.
The conclusion of that report was that no further soil or groundwater cleanup activities
were necessary at this site. This was based upon the final cleanup activities undertaken
together with the final testing activities verifying cleanup of petroleum contaminated soils.
In addition, a copy of the final groundwater quality analysis undertaken was also attached
to this report.
~To the extent of petroleum contamination encountered on-site, the City of Sanford. can rely
upon the reports prepared and the conclusions of those reports indicating that no additional
soil or groundwater cleanup activities are necessary at this site for the petroleum
contamination encountered. No warranties are made with regard to any other types of
City of Sanford
Project No. W99-E-03~
Page No. 2 DARSE
hazardous materials or substances. Our assessment and cleanup activities were strictly for
petroleum contamination encountered on-site. Therefore, the City of Sanford can only rely
upon the cleanup of petroleum activities undertaken by Nodarse & Associates, Inc. on
behalf of our clients Ms. McReynolds and Ms. Worth.
It is our understanding that the City of Sanford intends to taken ownership of the subject
property from our clients. Therefore, the City of Sanford can rely upon the reports
(Phase II ESA and removal and disposal of petroleum contaminated soils) that were
prepared for our clients for the subject property. This reliance only extends to the limits
of the assessment and cleanup activities as documented within those reports.
If you should have any questions concerning the contents of this letter, or if we can be of
further assistance, please do not hesitate to contact us.
Sincerely,
NODARSE & ASSOCIATES, INC.
Vice President/Principal Scientist
cc: Mr. Jim McNabb (letter only)
Ms. Catherine Reischmann (letter only)
DmS~I[L~NH~fiE.
~'~' Geetechnical, Environmental Geotechnics &Materials Engineering
s~
sm~a July 19, 2000
~ce~em Project No. W99-E-034
Mr. Tony V~der Wo~, City M~ager
[ Ci~ of S~ford
P.O. Box 1788
S~ford, Florida 32772-1788
ReH~ce ~er for Remov~ ~d Dhpos~ of PeWolem Contm~ated SoB
13m Street Prope~y (V~son Hendenon E~ate)
S~ford, Sem~ole County, Hod~
Dear Mr. Vander Worp:
Nodarse & Associates, Inc. (N&A), under contract with Ms. Ruthe McReynolds and
Ms. Laurene Worth, executed and completed Phase II Environmental Site Assessment
(ESA), and removal and disposal of petroleum contaminated soil activities at a parcel
known as the 13th Street Property which was identified as part of the Vinson Henderson
Estate. Under contract with Ms. McReynolds and Ms. Worth, petroleum contaminated
soil identified on-site was removed and disposed of utilizing procedures and methodologies
approved by the Florida Department of Environmental Protection (FDEP) Chapter 62-770
guidelines. Approximately 322 tons of petroleum contaminated soil was removed from the
site, and transported and disposed of by low temperature incineration by an FDEP
permitted facility (C.A. Meyer Construction Company). These activities took place in
May 1999.
Upon completion of these activities, follow up testing and analysis indicated that no
additional petroleum contaminated soil above state soil cleanup guidelines as established
by the FDEP. As a result of these activities, a removal and disposal of petroleum
contaminated soil report dated July 1, 1999 was issued. A copy of that report is attached.
The conclusion of that report was that no further soil or groundwater cleanup activities
were necessary at this site. This was based upon the final cleanup activities undertaken
together with the final testing activities verifying cleanup of petroleum contaminated soils.
In addition, a copy of the final groundwater quality analysis undertaken was also attached
to this report.
To the extent of petroleum contamination encountered on-site, the City of Sanford can rely
upon the reports prepared and the conclusions of those reports indicating that no additional
soil or groundwater cleanup activities are necessary at this site for the petroleum
contamination encountered. No warranties are made with regard to any other types of
090 NORTH ORLANDO AVENUL SU TEA · WINTER PARK, FLORIDA ]2Z89 · 907.7406110 · FAX 407.7'i0.6[ ~2 . e-rnail: nodarse@nodarse,cem
City of Sanford I~o
Project No. W99-E-034
Page No. 2 DARSE
hazardous materials or substances. Our assessment and cleanup activities were stricdy for
petroleum contamination encountered on-site. Therefore, the City of Sanford can only rely
upon the cleanup of petroleum activities undertaken by Nodarse & Associates, Inc. on
behalf of our clients Ms. McReynolds and Ms. Worth.
It is our understanding that the City of Sanford intends to taken ownership of the subject
property from our clients. Therefore, the City of Sanford can rely upon the reports
(Phase II ESA and removal and disposal of petroleum contaminated soils) that were
prepared for our clients for the subject property. This reliance only extends to the limits
of the assessment and deanup activities as documented within those reports.
If you should have any questions concerning the contents of this letter, or if we can be of
further assistance, please do not hesitate to contact us.
Sincerely,
NODARSE & ASSOCIATES, INC.
David B. Twedell .to
Vice President/Principal Scientist
cc: Mr. Jim McNabb (letter only)
Ms. Catherine Reischmann (letter only)
LAND DONATION AGREEMENT
TIllS AGREEMENT is made as of ,2000 (the "Effective Date"), by and
between MAlVlIE RUTHE MCREYNOLDS and LAURENE WORTH (c'lVlrs. McReyaolds" and "Mrs.
Worth"), as Co-Personal Representatives of the ESTATE OF IRA VINSON HENDERSON, deceased (the
"Estate'~, and CITY OF SAN FORD, Seminole County, Florida.
WITNESSETH:
WHEREAS, in consideration of the mutual promises complained herein and for other good and
valuable considcratinn, the receipt and sufficiency of which is hereby ach~owledged, the parties hereby
agrc~ as follows:
1. Recitals.
(a) Ira Viiison Henderson died a resident of the City of Sanford, Seminole County,
Florida. The estate of lie Vinson Henderson, deceased, is being athninisiercd in the Circuit Court,
Seminole County, Florida.
(b) At the tune of his death, Mr. Henderson o~vned certain lands in the City of
Sanford, which lands are referred to hewin as the "Property" and arc more partienlarly described
in Exhibit "A" hereto.
(c) Mr. Henderson' s Last Will and Testaanent~ together with a Revocable Living
Trust executed in conjunction with such Last Will and Tcs~nent, comprise Mr. I-Icnderson's
"Estate Planning Documents". Pursuant to the provisions of the Estate Planning Documents,
certain ofth~ assets of the Estate, including the Property, arc to be distributed to such recipient or
recipients as Mrs. MeRcyholds and Mrs. Worth determine. Mrs. McReynolds and Mrs. Worth
have determined to distribute the Property to the City as a donation by the 'Estate, and the City
wishes to receive the Property as a donation from the Estate.
(d) The parties intend that the Property be donated to the City expressly to be
developed by the City for the benefit of the itmer-city community in Sanford, and to be devoted
exclusively to parks, recreation, and open space uses. h pursuit ofthis intention, the City has
budgeted an mount for a Conummjty Master Plan, incinding designs for using tl~ Property for
parks, recreation, and open space purposes.
(c) The parties intend, by this Agreement, to commemorate their understanding and
agrcernent as to the d6velopment and nsc ofthe Property, and to provide for possibility that the
City some day nmy dispose of the Property.
2. Donation; Deed; Fees and Costs. Mrs. McReynolds, and Mrs. Worth as Co-Personal
Representatives of the Estate, will execute and deliver to the City a Personal Representatives' Deed, a true
copy of which is attached hereto as Exl'fibit"B". Such execution and delivery shall be at no cost tothc
Estate, mid the City shall bear the cost of any documentary stamp fees, transfer taxes, or recording costs
that may bc imposed by reason of the delivery or recording of s~ch deed.
3. Title Evidence. The Estate shall trot be responsible to die City for the costs of any title
insurance, title examinatiou, or other undertaking for the purpose of providing the City with evidence of
~N/2N 'A a/RZNR£)N~ 'N~ ~4 q~qNN'YRNI~TNW'WNXI~qIR W~ Nq:2N N~I NNNZ-NZ-qNP
6tlo as to the Property. If the City wishes to obtain any such title evidence, the Estate, at no cost to the
Estate, will provide any such documents as are appropriate and in the custody of the City, and reasomq, bly
will cooperate with the City as may be required to assist the City in obtaioing such Title Evidence.
4. Use of Property. The Estate is donating the Property to the City on the express condition
that the Property be used solely and exclusively for parks, rcereatlon~ and open space uses. and for no other
use or purpose.
5. Specia~ Covenants. The City covenants and agrees with Mrs. McR~nolds and Mrs.
Worth as follows:
(a) The City intends to use the Property solely and exclusively for parks, recrcatior~
and open space uses, and f~or no other use or purpose,
Co) As of the date hereof, the City intends fully to develop the Prop~rty, and to that
end the City has budgeted for a Community Master Plan, including designs For using the Propo~'W
for parks, r~rcation, and open space purposes.
(c) The City expressly states that it has no present intention to sell7 exchange, or
othonviso dispose of the Property, and is accepting the Propercy for the use and benefit of the City
and its resident% for the betterment of the conununity, all as comomplated by the terms of this
Agre6m~nt.
6. Disnosition of Property. If the City cvor determinos to soil or oth~rwiso dispose of the
Property, the City will do so in ~cordancc with the fnllo~ing provisions ofthls paragraph 6:
(a) Iftho Property is sold, it shah bo sold for ~I1 and ade4tuat¢ consideration, and the
full proc~ds shall bo deposited with on¢ or more municipal funds maintained by the City solely for
parks, reLroation, and open space uses.
(b) If the Property is tradod or exchanged, it shall bo traded or ¢~changed only for
property to be, used by the City only for parks, recre,','ation, and open space usa; and thererafter such
rcplacoment shall bc hold by the City subject to the samt~ restrictions and limitations as an
applicable to the Property by roason oftho provisions of the Dccd and the provisions of this
Agreement. Following such trade or exchange, any real propcry rceeived in exchango for the
Property shall become a substitute therefor, and in alt respects shall be subject to all restricfio~s,
limitations, and couditions sot out heroin, spccifically h~cluding the provisions of paragraph 6(a)
hereof.
(c) The City may donarc or contribute the Property to an organization or group of
organizations that are described in station 501(c)(3) of the Internal Kevenue Cede of 1986 (the
"Codo"), and to which contributions arc cladu~tible pursuant to the provisions of sectton 170 of the
Code, and having as ono of their principal purposes community development, working with inner-
city youth and othor residents, or other, similar, conununity assistance and development purposes.
7. Amendment and Waiver. Tiffs Agrcament may not be ranended or modified at any time
and or in any raspcot, nor may any provisions be waived, except by written instrumcot executed by the
party to be charged with such amendment or waivor.
90/EO 'd B/.E~OEEJO~ 'ON Y~J 38qOO'HS0,[,NID~'~0~t. SN~.l.S MJ [q:Z~ ~H.I. ~~~E-~z-3np
8. Sections and Other HeadinRs. Section, paragraph, and other h~adings contained in th~s
Agreement are for reference purposes only and shall not affect in any w~y the meaning or interpretation of
this Agreement.
9. Countcm,'u"t Execution. 'I~is Agreement may bc executed in two or more counterparts,
each of which shall be d~'med an original, but all of which, tog~,lhcr, shall constitute but one inswument.
Facsimile signatures may be deemed binding for this Agreement, or any modification or amendment hereto,
or any l~ses or other documents contemplated hereby, provided that originals of sarae are delivered within
a reasonable time.
10. Construction. All gender references employed in this Agreement shall include all genders,
the sh~dar shall include the plural, and the plural shall include the singular as permitted or required by the
context.
I 1. Pea'ties in Interest. This Agreement shall be binding on mxd shall inure to the benefit of the
parties hereto and their respective successors and assigns.
12. Entire A~reement. This Agreement constitutes the entire agreement be~,vecnthe parties
hemto and 'd~ere are no agreements, unde~m~dings, restrictions~ warramies~ or representations between the
parties with respect to the subject matter hercofottmr than as set fomh herein or as herein provided.
IN WITNESS WItEREOF~ the parties have caused this Land Donation Agree~¢nt to be execute, d
as of the date first stated above.
ESTATE OF IRA VINSON HENDERSON~
Deceased
By:
(Dat~ Si~m,d) Mamie Ru~he McReyaods~
Co-Personal Kepresentative
By:
(Date SiSned) Laurcnc H. Worth,
Ce-Persmml Representative
City of Saaford
By: ~
(Dare ,~iW~ed) ~,a
90/~0 'd 6LSZOSU. O~ 'ON ×~H 38qOO'HSO.LNIO~'~ON.I,SN3,l,S ~d Iq:Z~ fiH,I, OO~E-~E-q~C
PERSONAL REPRESENTATIVE'S
DISTRIBUTIVE DEED
'ridis INDENTURE, made this day of ,2000, by and between Mamie
Ruthe MeRcyholds, whose mai{ing address is 1122 Skylark Lane, Lantana, Herida 33462, and
Laurenc Worth, whose mailing address is P.O. Box 382, Clewiston FL 333440, the duly
qualified and acting Co-Personal Representatives of the Estate of'Ira Vinson Henderson, deeeased
(collectively, the "Grantor'D, and City of Sanford, Florida, a municipal corporation, whose
address is (the "Grantee'~).
WITNESSETH: That WHEREAS, Ira Vinson Henderson died restate a resident of Seminole
County, Florida, on , seized and possessed of the real property hereinafter
described; and
WHEREAS, decedent's Last will and Testament was admitted to probate and recorded by the
Circuit Court for Seminole County, Ftodda, Probate Division, in Case No. 95-561~CP; and
WHEREAS, the Grantor wishes to distribute said property to the Grantee, and to evidence the
release of the property from any right of the Grantor to sell or encumber such property pursuant
the the provisions of such dacedent's Last Will and Testament, or as provided by law.
NOw, THEREFORE, in consideration of the foregoing and in connection with the distribution
of the estate of said decadent, the Grantor has released to the Grantee the right to sell or
encumber said property, and by these presents and granted, conveyed, and confirmed unto the
Grantee, its successor and assigns forever, all of the interest of said decadent in and to the real
property situated in Seminole County, Florida, and more particularly described in Exhibit "A"
hereto.
TOGETHER with all and singular the tenements, hereditaments and appurtenances belonging
to or in any way appertalning to that real property, subject to all restrictions, reservations and
easements of record, if any, and ad valorera taxes for the current year.
PROVIDED, ALWAYS that the Grantee shall hold and use the said property only for parks,
recreation area, open spaces area, or similar uses, all for the benefit of the public; and
PROVIDED, FURTHER, that the conveyance evidenced hereby, and the lands conveyed hereby, at
all times shall be subject to the restrictions, limitations, and conditions set forth in that certain
"Land Donation Agreement" of even date herewith, between the Grantor herein and the Grantee
herein.
Because this deed is given to evidence the distribution of assets ofa deecdent's estate and
involves the assumption of no mortgage, minimum state documentary stamps are atTxxed.
IN WITNESS WHEREOF, the undersigned, as Co-Personal Representatives of the Estate of Ira
Vinson Henderson, deceased, have executed this Personal Representative's Distributive Deed
under seal on the date aforesaid. ~.
90/90 'd 6LE~OEELO~ 'ON X~ 38100'HSOLNIOM'MO~]iSN3iS Nd ~9:~0 fHi O00~-OE-qnF
JUL-2U-2UUU THU U2:b2 PM SI'ENSTRON, HCINTOSH, COL~E hfiX NO. 4O/~O2~/Y F.
9i?fif2d
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ODARSE
R$SOCZRTE$~. TNC.
Geotechnical, Environmental Geotechnics & Materials Engineering
July i, 1999
Project No. W99-E-034
Ms. Ruthe McReynolds & Ms. Laurene Worth
c/o Mr. James A. McNabb, Jr.
510 Ventris Court
Mai~and, Florida 32751
Removal and Disposal of Petroleum Contaminated Soil
13th Street Property (Vimon Henderson Estate)
Sanford, Seminole County, Florida
Dear Ms. MeRcyholds and Ms. Worth:
In accordance with your request and authorization, Nodarse & Associates, Inc. (N&A) has
completed the removal and disposal of petroleum contaminated soil encountered at .the
In April 1999, a series of hand auger borings, designated HA-1 through HA-16, were
installed on-site to delineate the petroleum contaminated soils associated with the previous
underground storage tanks located on-site. As a result, a petroleum contaminated soil
plume was established with soils delineated which are excessively contaminated as defined
under Chapter 62-770 Florida Administrative Code. A delineation of the contaminated
soils, together with a summary of the organic vapor analytical results maybe found in
Appendix A.
In addition to the delineation of petroleum contaminated soil, four (4) temporary
monitoring wells, designated TMW~I through TMW-4, were installed on-site to determine
if Foundwater quality had been adversely affected by the petroleum contaminated soil
encountered on-site. Each monitoring well was sampled for the parameters listed under
EPA Methods 602 and 610 which represent the types of petroleum chemicals commonly
found with either gasoline or diesel fuel. As a result, monitoring well TMW-2 located in
the central portion of the petroleum contaminated soil plume indicated concentrations of
ethylbenzene and total naphthalenes above state cleanup standards as established by
Chapter 62-770 Florida Administrative Code Florida' Department of Environmental
Protection (FDEP) guidelines. Well construction details for the four (4) temporary
monitoring wells installed on-site may be found in Appendix B. Laboratory analytical
reports for the four (4) monitoring wells sampled may also be found in Appendix B.
[030 NORTH ORLANDO AVENUE, SUITE A · WINTER PARK, FLORIDA 32789 · 407,740.61 [0 · FAX 407.740.61 i2 · e-mail: nodarse@nodarsecom :
Ms. Ruthe McReynolds & Ms. Laurene Worth
Project No. W99-E-034
DARSE
In order to eliminate both soil and groundwater contamination encountered on-site,
approximately 322 tons of petroleum contaminated soil was removed from the site,
transported and disposed of by low temperature incineration in a FDEP permitted facility
(C.A. Meyer Paving & Construction Company). Photographs of the soil excavation
activities, together with the manifests provided for the soils removed and the pre-burn
analytical data supplied to the incinerator facility may be found in Appendix C. The final
organic vapor analysis results performed at the time of soil removal within the area
excavated may be found in Appendix D.
Upon completion of the soil excavation, the excavation was allowed to remain open for a
period of approximately three (3) weeks. During this time, the groundwater was allowed
to aerate under natural conditions, accelerating the cleanup of the minor petroleum
contamination encountered within the groundwater. Upon completion of this aeration time,
the excavation was backfilled with clean fill to natural grade on-site.
Based on the field analytical results for the post excavation activities, the petroleum
contaminated soil on-site has been removed. No soils remain on-site which exceed state
cleanup standards for petroleum contaminated soils.
A final groundwater quality sample has been removed from the site for final verification
of groundwater cleanup. It is anticipated that the results of this sample will indicate that
the groundwater contamination on-site has been remediated as part of the soil
contamination removal. The data from that sample will be forwarded upon completion of
laboratory analyses.
As a result of the activities described above, no further soil or groundwater cleanup
activities will be necessary at this site. The petroleum contaminated soil encountered was
removed and disposed of in a permitted facility. No further cleanup activities are required
as a result of the previous underground storage tanks located on-site.
N&A appreciates the opportunity to be of service to you on this project. If you should
have any questions concerning the contents of this report, or if we can be of further
assistance, please do not hesitate to contact us.
Sincerely,
NODARSE & ASSOCIATES, INC.
Vice President/Principal Scientist
DBT:Cah
9-034del.rep.wpd
TITLE SEARCH REPORT
Fund File Number: 17-2000-1561
The information contained in this title search is being furnished by Attorneys' Title Insurance Fund, Inc. If
this report is to be used by a title insurance agent for e~alnation and determination of insurability by the agent
prior to the issuance of title insnrance, then the agent shall have liability for such work, as provided in the Real
Estate Settlement Procedures Act ("RESPA '9 and regulations promulgated pursuant thereto. If this report is
used SOLELY in connection with litigation, RESPA does not apply.
Provided For: Stenstrom McIntosh et al Agent's File Reference: SANFORD/13TH STREET PARK
After an examination of this search the Agent mast:
A. Evaluate all instruments, plats and documents contained in the report.
B. Include in the Commitment under Schedule B, any additional requirements and/or exceptions you find
necessary from your analysis of the sur~eys, prior title evidence or other relevant information from the
transaction.
C. Veri~ the status of corporations and limited partnerships with the appropriate governmental agency or
other authorities.
D. If no Fund approved base was available for use in preparation of this product, determine whether the
property has legal access°
E. Determine if any unpaid municipal taxes or assessments exist, which are not recorded in the Official
Records Boal~s of the county.
F. If no Fund approved base was available for use in preparation of this product, determine whether any
portion of the property is submerged or artificially filled, if the property borders a body of water, and if
rlparian' or littoral rights exist.
G. The information provided herein does not include a search of federal liens filed in the Office of the
Secretary of State, pursuant to Sec. 713. 901, et seq., F.S., which became effective January 1, 1993, and
which designated that Office as the place for filing federal liens against tangible and intangible personal
property of partnerships, corporations, trusts and decedents' estates. For insuring purposes, personal
property includes, but is not limited to, mortgages, leaseholds, martgages on leaseholds, interests in
cooperative associations, vendees~ interests, and options.
Effective Date of Fund approved base title information: N/A
Effective Date of Search: July 9, 2000 at 11:00 p.m.
Apparent Title Vested in:
Beneficiaries of the Estate of Ira Vinson Henderson, a/k/a Vinson Henderson, deceased, subject to estate
proceedings.
Signed this 18th day of July, 2000. Attorneys' Title Insurance Fund, Inc.
Typist: Maribett Perez Authorized Signature:
Rev.l.1
Page 1 of 4
TITLE SEARCH REPORT
Fund File Nuraber: 17-2000-1561
Description of real property to be insured/foreclosed situated in Seminole County, Florida.
Legal description set forth on "Exhibit "A" attached.
Muniments of Title, including bankruptcy, foreclosure, quiet title, probate, guardianship and
incompetency proceedings, if any, recorded in the Official Records Books of the county:
1. Warranty Deed from Mary L. Mobley to Belco Enterprises, Inc., recorded May 7, 1963 in O.R. Book
447, Page 40 I, Public Records of Seminole County, Florida.
2. Warranty Deed from Standard Growers Association to Aneo Enterprises, Inc., recorded December 6,
1963 in O.R. Book 471, Page 240, Public Records of Seminole County, Florida. (Certificate of
Merger recorded in O.R. Book 860, Page 26.)
3. Warranty Deed from Belco Enterprises, Inc. to William P. Ball and Clam M. Ball, recorded October
13, 1980 in O.R. Book 1301, Page 19, Public Records of Seminole County, Florida. (Death
Certificate for William P. Bell recorded in O.R. Book 2746, Page 1691 and Probate Proceedings
under Case No. 89-783-CP) (Affidavit recorded in O.R. Book 2247, Page 63 .)
4. Warranty Deed from A. L. Skinner and maybelle M. Skinner to W. P. Bell and Clara M. Ball,
recorded December 14, 1967 in O.R. Book 641, Page 485, Public Records of Seminole County,
Florida.
5. Deed from Clara M. Ball to Vinson Henderson, recorded December 7, 1990 in O.R. Book 2247, Page
65, Public Records of Seminole County, Florida. (NOTE: Parcel 1 legal shows an incorrect Tier No.)
6. Pr~batepr~~eedings~f~raVins~nHenders~ndeeeased~CaseN~~95~56~~CPintheCireuitC~urtf~r
Seminole County, Florida.
Mortgages, Assignments and Modifications:
None.
Other Property Liens:
None.
Page 2 of 4
TITLE SEARCH REPORT
Fund File Number: 17-2000~1561
Restrictions/Easements:
1. Shown for Information: Ordinance No. 1629 recorded in O.R. Book 1444, Page 764, Public Records
of Seminole County, Florida. (Vacating Street)
Other Encumbrances:
None.
REAL PROPERTY TAX INFORMATION ATTACHED
Proposed Purchaser/~ortgagor:
None given
The name of the proposed purchaser/moHgagor was searched for the past twenty years for unsatis~ed
judgments and tax liens (state, federal and other liens for the recovery of money) and personal names
were checked for unrestored incompetency and for guardianship proceedings. The following matters
appeared of record and copies are attached for evaluation by the agent:
Nothing found.
STANDARD EXCEPTIONS
Unless satisfactory evidence is presented to the agent eliminating the need for standard exceptions, the
following should be made a part of any commitment or pdicy.
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 owner policy issued pursuant hereto will contain under Schedule B the following exception:
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 3 of 4
TITLE SEARCH REPORT
Fund File Number: 17-~000-1561
7. Federal liens, if any, filed with the Office of the Secretary of State, pursuant to Sec. 713.901, et
seq., ES., which became effective January 1, 1993, and which designated that Office as the place
for tiding federal liens against tangible and intangible personal property of partnerships,
corporations, trusts and decedents' estates. For insuring purposes, personal property includes,
but is not limited to, mortgages, leaseholds, mortgages on leaseholds, interests in cooperative
associations, vendees' interests, and options.
& Any lien provided by County Ordinance or by Chapter 159, Florida Statutes, in favor of any city,
town, village or port authori(y, for unpaid service charges for services by any water systems,
sewer systems or gas systems serving the land described herein; and any lien for waste fees in
favor of any coun(F or municlpali~.
This report does not cover matters filed in the Federal District Courts of Florida EXCEPT FOR
BANKRUPTCY PROCEEDINGS filed prior to October 7, 1984, when the proper(F lies in either
DADE, DUVAL, HILLSBOROUGH, LEON OR ORANGE COUNTY.
In foreclosure proceedings, title should be examined between the effective date of this report and the
recording of the lls pendens to assure that all necessary and proper parties are joinetL Consideration
should be given to joining us defendants any persons in possession, other than the record owner, and
any parties, other than those named herein, known to the plaintiff or the plaintiffs attorney and
having or claiming an interest in the property.
Prior to issuance of any policy of title insurance underwritten by the Company, the agent must obtain
and evaluate a title search for the period between the effective date of this Title Search Report and the
recording date(s) of the instrument(s) on which the policy is based.
Page 4 of 4