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314-Sanford Central Park (American Land Title Association Owner's Policy -- Form B t970 -- Amended 10-17-70) OWNER'S TITLE INSURANCE POLICY Attorneys' Title Insurance Fund, Inc. ORLANDO, FLORIDA SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, ATTORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation, herein called The Fund, insures, as of Effective Date of policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which The Fund may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title. In Witness Whereof, ATTORNEYS' TITLE INSURANCE FUND, INC. has caused this policy to be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. ISSUED BY $ !~ R I/~ I, FUND P-ORM OPM/MOS~]59 ~unt of the insurance pro tanto. No payment shall be m~ ~hout producing this policy for endorsement of st yment unless the policy be lost or destroyed, in wh ~e proof of such loss or destruction shall be furnished to ~ !isfaction of The Fund. Liability Noncumulative Exclusions from Coverage The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Effective Date of policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to The Fund and not shown by the public records but known to the insured claimant either at Effective Date of policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to The Fund prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Effective Date of policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. OWNER'S TITLE INSU~CE POLICY ARomeys' Title ~s~ce F~d, OR~,FLO~DA OWNER'S FORM Schedule A Policy No.: OPbI-197545 Effective Date: July 18, 1988 Agent's File Reference: at ll:31 AM T.JP/22976 Amount of Insurance: $ 99,000.00 1. Name of Insured: The City of Sanford, Florida, a political subdivision of the State of Florida 2. The e~tate or 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 named insured as shown by instrument recorded in Official Records Book 1977 , Page 1297 , of the Public Records of .qemi ol ~ County, Florida. 3. The land referred to in this policy is described as follows: Lot 22, SANFORD CENTRAL PARK, according to the Plat thereof as recorded in Plat Book 33, Pages 64 through 66, Public Records of Seminole County, Florida. ISSUED BY Mateer, Harbert & Bates, P.A. 2817 ~ E~ NAME OF AGENT AGENT NO. ~ ~ ' Post Office Box 2854 Orlando , Florida 32802 MAILING ADDRESS CITY ZIP Form OPM-SCH. A (Rev. I0/87) 13:DSI020 fl'~ FUND OWNER'S FORM SCHEDULE B Policy or Guarantee No.: OPM-197545 This policy or guarantee does not insure against loss o1' damage by reason of the following exceptions:. 1. ' Taxes for the year of the effective date of this policy or guarai~tee and taxes or speciaJ 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 suzvey 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. (Note standard exceptions 2 and 5 are hereby deleted by virtue of Owner's Affidavit of Possession and No Liens attached) 5. The property is subject to a ten foot utility and drainage easement on front, rear and side lot lines as noted in Plat recorded in Plat Book 33, Pages 64-66, Public Records of Seminole County, Florida. FUND Form OG/OP/OPM--SCH. B (Rev. 1/77) (5/85 DSI 50M) AFFIDAVIT STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME, the undersigned authority, personally appeared DONALD C. BAUERLE, JR., who being by me first duly sworn, on oath, deposes and says: 1. That he is the President of CBC INDUSTRIAL PARK, INC., a Florida corporation in good standing with the State of Florida, and in such capacity is authorized to give this Affidavit. 2. That CBC INDUSTRIAL PARK, INC., is the General Partner of SANFORD CENTRAL PARK LTD., a Florida limited partnership. 3. That SANFORD CENTRAL PARK, LTD, is the owner of the following described property, to wit: Lot ......22 , SANFORD CENTRAL PARK, according to the Plat thereof as recorded in Plat Book 33, Pages 64 through 66, Public Records of Seminole County, Florida. 4. That the above-described property is free and clear of all liens, taxes, encumbrances, and claims of every kind, nature, and declaration of record whatsoever, except for real estate and personal property taxes for the year 1988 . 5. That there have been no improvements, alterations, or repairs since acquisition by the owner to the above-described property for which the costs thereof remain unpaid, that there are no claims for labor or material furnished for repairing or improving the same, which remain unpaid since the acquisition by owner, and there are no mechanics', materialmen's, or laborers' liens since acquisition by owner against the above-described property. 6. That Affiant knows of no violations of municipal ordinances pertaining to the above-described property. 7. That this affidavit is made for the purpose of inducing The City of Sanford, Florida, a Dolitical subdivision of the State of F1. tO purchase said property from SANFORD CENTRAL PARK LTD. 8. Affiant agree that in the event the current real estate or personal property taxes vary in amounts from the figures used in making the prorations had in the closing, the transfer, and conveyance of the above-described property to said purchasers, that a new proration and correct and proper adjustment will be made upon demand. 9. That no judgment or decree has been entered in any court in this state or the United States against SANFORD CENTRAL PARK LTD., which remains unsatisfied. 10. That there are no persons in possession of the above- described property other than: SANFORD CENTRAL PARK LTD. 11. Affiant further states that he is familiar with the nature of an oath; and with the penalties as provided by the dpl: 04owneraffidavit 11/19/86 dh laws of the State aforesaid for falsely swearing to statements made in an instrument of this nature. Affiant further certifies that he has read, or heard read to him, the full facts of this affidavit, and understands its context. FURTHER AFFIANT SAITH NOT. SANFORD CENTRAL PARK LTD., a Florida Limited Partnership By: CBC Industrial Park, Inc., President SWORN TO and subscribed before me this // day of ,~c~/J , Notary Public My Commission Expires: dpl:04owneraffidavit 2 11/19/86 dh RETURN FOR TRANSFER~ OF INTEREST IN FLORIDA REAL PROPERTY PART I *" ': ' ~** ~. ~ A. Grantor (Seller): Saz~o~'d Central. Park, Ltd. Indlvlduat/A~ent Nlme Corl~rata Name (if iI~ll~able) Bkkj. 297, 5,~fo~l ,Mxporl:, Sa.,~o~cl, Fl.oriLla 3277~. :~05 ~2:~-8500 Malliq ,Addre/a City State Zip C~de B. Grantee(Buyer): The City of Sanford,. l~oricla . - ,, =; ~: ,.,~' I/~,,. -"~ ' ~, ~ d~ 327.72:Z778. :: '~.'*. ~- :~/~ '/~ ~x ,Z,7~8, Sa~o~d, Zo:~ ,~ ( · ~lliq'~ Ci~ SUre Z~ C~e h~e No, C. Deception or Property: 22 I I ~ ~ ~ Lot No. Block No, Name of Su~hi~n ~Za~ ~k 33, ?~ 64 ~h 66, ~Z~c ~ o~' ~Ze ~, Ot~ D~iption (~ I~lt~ble) ; ~' .: D. DatcorSalc: 3u~ ZS. *Z988 TypcorDocumcnt: ~ PART [! Total ~ons~deration Paid Or To Be Paid ~ 99,000.00 PART IH ' FOR USE BY TAXPAYER IN DETERMINING CONSIDERATION NOT REQUIRED FOR FILING * (SEE REVERSE SIDE) = 1. Cash Or Down Payment 2. New Or Existing Mortgages $ 3. Any Other Consideration 4. Total Consideration Paid Or To Be Paid S. If taxable consideration is S100 or less or if the transaction is exempt, please explain briefly. I hereb certify that this return has been examined by me and to the best of my knowledge and belief is a true and compl~e{e return, The City of Sanford, Florida By: Shinelure Of Grantee or A~nt Oats. To be completed by the Clerk of the Circuit Court's Office. File Number or O.R. Book Page or Clerk's Date Stamp Date Recorded 1his Warranty ]hed .,,,,,,,.,,., ..,...,,..., ,,.,. l~th ,'ay ,,f July SANFORD CENTRAL PARK LTD,, a Florida limited partnership ~ exi~ldn{I t:nder I/me Inu,s of Florida , arid I~.Pieql ~t~ I)rlnc~l~(d ~si,,..ss.~Bldg. 297, Sanford Airport, Sanford. Florida 32771 h~reina[ee~ r.lh.d lhe flrn.e.r. In The City of Sanford, Florida, a political subdivision of the State of Florida uJ,,,.~. p-~,,~[.,. a,~dre~s i. POSt Office Box 1778, Sanford, Florida 32772-1778 ~itnesseth: T,,,,, ,,,,. ,,,,,.,.,,. f.,, ,,,.,~ ,,, ,-o,,~,,,,.~,,,,,,,, ,,~ ,,,,. ,,,~ ,,~ s ~0.00 ,,,,~ euhmhle n,,a~i,l~.raliu,as. rvcvil~l u,lmer,,ol is l..rel, y .c~,.o.,h.df..J. I,>, diesv I,re~v,ds does ~lrenl. alien, rv,.ise, n. iease. com,ey .,.l con[irn~ unto 'die ~ra.fe,. ell dear cvrtain In,a,I situafe in Seminole Co.nfv, I:l,,ridn. Lot 22 , SANFORD CENT~L PARK, according to the Plat thereof as recorded in Plat Book 33, Pages 64 through 66, Public Records of Seminole County, Florida. SUBJECT TO RESTRICTIONS ANp EASEMENTS OF RECORD, IF ANY SUBJECT TO REAL PROPERTY TAXES FOR 19 88 , AND SUBSEQUENT YEARS ~ i~aue and to R01d, ,,,~ ,,,,,,, ,,, ~,.,. ,,~,,~,. mid ~..~ s,iJ l.,.l i, 1,,.,, ,,1 ,.11 I,. exvc..,d i. its name. a.d ilS corporate seal la l,e t~ereunlo alfixe,l. b~ its pr~q~,,r ,,[fi,',.r~ d~eretu,lo d.ly a.d,ori:ed, tl,e clay .,,,1 year [irsl al>ot,e ,,.titten, SANFORD CENT~L PARK LTDt a A~EST: Florida limited partnership Ja'm'~' '~i Cabie~ s,,,,,,~ ~'~'~"""~""~'~U~'~'~'~'~""~';"'i'~'e'i"Za Si9.~d. s.,ah.d .,,a ~e~i,,er.,d i,~ ~la. ,,,.s,..n..~: FlOrida corporation, General PartnerB Donald C. Baue~i&, a~'.' ~;;'.i~;;'~ STATE of' FLORIDA ~ : C(~t'N'I'Y ~F S~INOLE ~.~...,.p,...,.d DONALD C. BAUERLE, JR., and J~ES A. CABLER, JR. .... [].i, ],,~zr,,,,,,,,z ;,n~,.n.,/ILV: Lawrence J. Phalin Notary PUblic P.O. Box 2854 My Commission expires .L/./n'~., Orlando, F1. 32802 (Notarial Seal) ~-~ ~ P, O, BOX 2854 at Law Orlando, Florida BUYER'S CLOSING STATEMENT July 15, 1988 ,:Ct~V a~ ~.fnra. ~lnr~a~ CHARGES CREDITS ~snfnra, ~1, 99.000 HtII~ l~s~rance ln~erest k~/ //~ '~t~nustXon . I~S Surtax sawn An ~f ~n/~n 2N~ fin I',"iPEOI CASHIER*'S CHECK PAYARLE .-TO MATERR. P,A, nUST ACCOUNT 93~F~7 ~1 TOTALS I g9,217 , Inn II 99,217 O0 :"' HARBERT & BATES, P.A. ~ -. .THE CITY OF SANFORD, FLORIDA APPROVED S · ~ Buyer Lawrence J. Phaltn GENERAL RELEASE OF EASEMENT This Release is given , 1988, by THE CITY OF SANFORD, FLORIDA, a political subdivision of the State of Florida. On October 22, 1985, SANFORD CENTRAL PARK, LTD., a Florida limited partnership, granted a 10' easement for utilities and drainage along all side and rear lot lines, and also along all lot lines contiguous to street right- of-ways in Sanford Central Park, pursuant to the Plat recorded at Plat Book 33, Pages' 64 through 66, Public Records of Seminole County, Florida. THE CITY OF SANFORD,-FLORIDA, a political subdivision of the State of FloPida, is the owner of Lot 22, SANFORD CENTRAL PARK, according to the Plat thereof as recorded in Plat Book 33, Pages 64 through 66, Public Records of Seminole County, Florida. THE CITY OF SANFORD, FLORIDA, a political subdivision of the State of Florida, hereby grants to SANFORD CENTRAL PARK, LTD. , and all owners of lots in SANFORD CENTRAL PARK, this its general release of all utility/drainage easements shown on the Plat of Sanford Central Park, not contiguous to Lot 22. IN WITNESS WHEREOF, THE CITY OF SANFORD, FLORIDA, a political subdivision of the State of Florida, has executed this release at , County, Florida, the day and year first above written. Signed, Sealed and Delivered In the Presence of: THE CITY OF SANFORD, FLORIDA, a political subdivision of the State of Florida STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day personally appeared before me as of The City of Sanford, Florida, to me known to be the person who executed the foregoing General Release for the purposes stated therein. Notary Public My Commission expires: {Notarial Seal} SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS, AND RESTRICTIONS FOR SANFORD CENTRAL PARK AND CODISCO, INC., SANFORE FLORIDA The undersigned, as Owner and Developer of Lot 22, (as well as other various lots of Sanford Central Park) SANFORD CENTRAL PARK, according to Plat thereof as recorded in Plat Book 33, Page 64-66, Public Records of Seminole County, Florida, hereby on this dayof , 1988, by this its Second Amendment to those certain Covenants, Conditions, Easements and Restrictions for Sanford Central Park, recorded July 29, 1986, at O.R. Book 1755, Page 1668, Public Records of Seminole County, Florida,' amends said restrictions by deleting from the lands subject to the restrictions, Lot 22, Sanford Central Park, according to the Plat thereof as recorded in Plat Hook 33, Pages 64-66, Public Records of Seminole County, Florida, such that the restrictions shall not hereafter apply to said Lot 22. IN WITNESS WHEREOF, the undersigned has signed these presents the day and year first stated above. Signed, Sealed and Delivered in SANFORD CENTRAL PARK,.LTD. the Presence of: A Florida Limited Partnership By: CBC INDUSTRIAL PARK, INC., AF1. corporation, Its General Partner. By: .. Donald C.. Bauerle, Jr., President STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that theforegoingFirst Amendment to Declaration Of Covenants, Conditions, Easements and Restrictions was acknowledged before me this __. dayof ,1988, By Donald C. Bauerle, Jr. ,as President,.of CBC Industrial Park, Inc.,a Florida corporation, the General Partner of Sanford Central Park, Ltd., a Florida Limited Partnership. WITNESS my hand and seal this day of , 1988. Notary Public, State of Florida At large My Commission expires: (Notaria1 Seal) THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO LAWRENCE J. PHALIN, P.O. BOX 2854, ORLANDO, FLORIDA 32802 dpl:04amendment 2-10-88 dh FUND COMMITMENT FORM SCHEDULE A Commitment No.: C-1152875 EffectiveDate:June 19, 1988 Member's File Reference: at 7:00 P.H. LJP/22976 1. Policy or Policies or Guarantee to be issued: Proposed Amount of Insurance OWNER'S: $ 99,000. O0 Proposed Insured: The City of Sanford, Florida, a political subdivision of the State of Florlda MORTGAGEE: $ Proposed Insured: 2. The estate or interest in the land described or referred to in this commitment is a fee simple (if other, specify same) and title thereto is at the effective date hereof vested in: SANFORD CENTRAL PARK, LTD. 3. The hnd referred to in this commitment is described as follows: Lot 22, SANFORD CENTRAL PARK, according to the Plat thereof as recorded in Plat Book 33, Pages 64 through 66, Public Records of Seminole County, Florida. ISSUED BY MATEER, HARBERT & BATES, P.A. 2817 ~__~ (A~orney or Firm of Attorneys) MEMBER NO, -- TURE Post Office Box 2854 Orlando F~r~, 32802 (Mailing Addfeu) (City) (Zip) FUND COMMITMENT FORM SCHEDULE B Commitment No.: C-1152875 ' I. The foBowing are the requirements to be complied with: I. 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 and fried for record: a) Warranty Deed from Sanford Central Park, Ltd., to The City of Sanford, Florida, a political subdivision of the State of Florida, conveying the property described at Schedule A. b) Release of Lot 22, Sanford Oentral Park, Ltd., from that certain mortgage described at Schedule B, II - 3 below. c) General Release from The City of Sanford, Florida, a political subdivision of the State of Florida, to all lot owners of Sanford Central Park, of all utility and drainage easements shown on the Plat of Sanford Central Park, not contiguous to Lot 22. II. Schedule B of the policy or policies or guarantee to be issued will contain exceptions to the following ntatters unless the same are disposed of to the satisfactkm of The Fund: 1. Defects, liens, encumbrances, adverse claims nr 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 policy or owner guarantee issued pursuant hereto will c,.mlain under Schedule B the standard exceptions set forth at the inside cover hereof. Any mortgagee policy will contain under Schedule B the standard exceptions unless an affidavit of possession and a satisfactory current survey are submitted, an inspection of the premises is made, it is deterlnmed the current year's taxes or special assessments have been paid, and it is detcln~ined there is nnthing of record which would give rise to mechanics' liens which could take priority 9vet the mortgage (where the liens would otherwise take priority, submission of waivers is necessary). 3. Mortgage granted to Sun Bank, N.A., dated .May 17, 1985, and recorded May 17, 1985, at O.R. Book 1640, Page 006, Public Records of Seminole County, Florida; Future Advance Under Mortgage recorded February 13, 1987, in O.R. Book 1818, Page 1556, Public Records of Seminole County, Florida. 4. Ten foot utility and drainage easement on front, rear, and side lot lines as noted in Plat recorded in Plat Book 33, Pages 64-66, Public Records of Seminole County, Florida. 5. Restrictions recorded July 29, 1986, at O.R. Book 1755, Page 1668, Public Records of Seminole County, Florida, a copy of which is attached for reference. 1755 1672 1155 1679 ~:: "":l'hJ~n~e rs]gned Seller hereby ~'~ves and aCcePts the foregoing contract and '~es to sell the above-described Property upon the terms-and conditions set foh~ ,, A ril t3 Seller: Sanford Central Park Limited Date: ,19 88 . c Industrial Park nc. Title: Address: COLDWELL hereby acknow!edges receipt of the foregoingdepesitmade by Purchaser and agrees to hold same, in escrow, COLDWELL BANKER COMMERCIAL REAL ESTATE "' ,19 SERVICES, a division of Coldwell Banker Commercial · '+ CONSULT YOUR ADVISORS--This document has been prepared for approval by your attorney. No representation or recommendation is made by Coldwell Banker as to the legal sufficiency or tax consequences of this document or the transaction to which it relates. These are questions for your attorney. In any real estate transaction, it is recommended that you consult with a professiona, such as a civil en ineer, ndustr al o, the prope.y. incl ud,n g the pes ,b,e presenoe o, ADDENDUM 1. Purchaser agrees to execute at closing a general release of all utility drainage easements ~hown on the plat of Sanford Central Pa~k not contiguous to the lot being purchased. 2. Purchaser has herewith deposited the sum of $S,000 with Sanford Central Park~ Ltd. to be held in escrow pending closlng, as a deposit on account of the purchase price hereunder. The purchase price shall be paid as provided in Schedule B attached hereto. Any note made payable to Seller shall be secured by a purchase money mortgage and shall contain such Special provisions as may be set forthin an addendum attached beret0. | 3. Seller affirms that Coldwell Banker has waived any commissions relating to the sale of Lot 22 to the City of Sanford. Any reference to Coldwell Banker within the body of this Contract is ~force or effect. T CODISCO FIRE STATION SITE CONTRACT · 4 - Cost of title insurance shall be shared equally by seller and purchaser. Addendum Paragraph No. 5 - Florida Statutes require that purchaser conduct a public hearing, following thirty (30) days notice to the public, prior to entering into any firm contract for land purchase such as this contract. Public hearing cannot be held prior to June 13', 1988 because of public notice requirements. Therefore, the purchaser reserves the right to cancel this purchase contract without prejudice, for a period of sixty (60) days following its complete execution· In case of such contract can- cellation under this provision, seller shall be entitled to retain the $5,000·00 deposit addressed in Addendum Section 2. The terms of this section shall not operate to change any provision contained elsewhere in the contract, relative to termination or cancellation of this contract for other reasons·