2006-06R~,tC1r:Z i0:' .
City of C'_er?:~orit
C'[y ~" er'_~
P.O. Tao?: 12)219
Clerd~o~~dt, r~ 34?12-0219
r
t:Fh~ ~oo6i]~51454
Gk 03142 F'9s 0354 - 3741 (1dP95)
DATE: ii4l21f'2o~)~ iJ9:51:iS AM
WATER AND SEWER UTILITIES AGREEME -
LAKE COUNTY GATEWAY, LLC JAMES ~. WATY.INS- GLERY. OF COURT
LAY~E COUIJTY
REt~ORDING FEES 137.5ti
THIS WATER AND SEWER UTILITIES AGREEMENT ("Agreement") is entered
into as of the 14 day of February, 2006, between THE CITY OF CLERMONT, a Florida
municipal corporation, (the "CITY"), and LAKE COUNTY GATEWAY, LLC, a Florida
limited liability company, and its successors and assigns (the "OWNER").
WITNESSETH
•
•
Whereas, the CITY owns and operates water and sewer utility services within its
incorporated City boundaries and within a designated utility service district adopted pursuant to
Chapter 180, Florida Statutes; and
Whereas, the OWNER owns that certain parcel of land located in Lake County,
comprised of approximately 142 acres, as more particularly described on Exhibit "A," attached
hereto and incorporated herein by this reference (the "Property"); and
Whereas, the Property is located within the CITY's utility district adopted pursuant to
Chapter 180, Florida Statutes; and
Whereas, the OWNER is requesting water and sewer service from the City for the
Property.
NOW THEREFORE, in consideration of the mutual benefits and the public interest and
other good and valuable considerations, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
Section 1. Recitals. The above recitals are true and correct, are hereby incorporated herein
by reference, and form a material part of this Agreement. All exhibits to this Agreement are
hereby deemed a part hereof.
Section 2. Water/Sewer Services.
2.1 CITY shall provide water and sewer service for the Property up to 200,000 gallons per
day.
2.2 OWNER shall connect to the existing City system at connection point or points approved
by CITY.
2.3 The route of any off-site lines shall be according to engineering plans produced by
OWNER and approved by the CITY.
Page 1
2.4 The OWNER shall construct at its expense the facilities, lines and appurtenances
necessary to serve the development, including but not limited to the following off-site
• improvements:
The water main along SR 50 from the existing connection point to the eastern property
boundary, water main extension along Lake Blvd from SR 50 to CR 50, and water main
extension along CR 50 from Lake Blvd to CR 455.
2.5 The OWNER shall be responsible for the construction of all on-site and off-site lines
and appurtenances not currently constructed and necessary to serve the project. No
building permits shall be issued until water and sewer are provided to the site or until a
bond or letter of credit, acceptable to CITY, is in place to guarantee completion of off-site
improvements. No Certificate of Occupancy shall be issued until all off-site
improvements described in 2.4 above and all necessary water and sewer extensions have
been completed and accepted by the CITY.
2.6 The OWNER shall be responsible for all costs of on-site and off-site improvements,
including but not limited to design, material, permitting and installation of sufficient size
lines, lift stations and other appurtenances. All improvements shall be constructed in
accordance with CITY Land Development Regulations and in accordance with the utility
plans for the project as approved by CITY. OWNER shall provide to CITY any and all
documentation necessary for the CITY to ascertain that the on-site and off-site
improvements meet the minimum line size requirements and specifications as specified
by the CITY Land Development Regulations.
i 2.7 At anytime prior to the approval of the utility plans by CITY, CITY may elect to oversize
the lines, improvements or appurtenances for CITY's use in the expansion of its water
and sewer system. In accordance herewith, CITY shall provide to the OWNER the
specifications regarding sizes which shall be included by OWNER in the final utility
improvement plans.
2.8 In the event that the CITY elects to oversize any of the improvements to be constructed
by OWNER hereunder, the CITY shall be responsible for the difference in cost of
materials to oversize the improvements based on plans and cost estimates provided by
OWNER to CITY, and approved in advance by the CITY.
2.9 The OWNER shall provide to the CITY a cost estimate for materials for the minimum
size lines and appurtenances and a cost estimate for materials for the approved oversize.
Cost estimate shall be contractors bid as certified by OWNER'S project engineer. The
CITY shall review and either approve or reject the costs.
2.10 The OWNER and CITY shall agree on the cost difference, which will be the
responsibility of the CITY, prior to commencement of construction.
2.11 The OWNER shall be responsible for all costs including design, permitting, materials and
construction of the water and sewer lines and appurtenances, both on-site and off-site,
.7
Page 2
required to serve the Property, with reimbursement for the difference in costs as
determined in Section 2.9 from the CITY in the form of Impact Fee Credits.
• 2.12 Any Impact Fee Credits shall be established subject to Sections 2.9 and 2.11, and at the
time of issuance of each building permit by applying the then current impact fee, which
shall be deducted from the Impact Fee Credit balance until the credit is used.
2.13 Impact Fee Credits may not be transferred outside of the Property described on Exhibit
`A' but may be assignable to any heirs, assigns or successors in interest or title to part
or all of said Property.
Section 3. Development Standards.
The project shall be developed in accordance with the following Lake County approvals, and any
approved variances thereto and as otherwise stipulated in this Agreement or subsequent
amendments to this Agreement: Lake County comprehensive plan amendment -Ordinance No.
2006-15, Lake County Development Order for the Plaza Collina Development of Regional
Impact -Ordinance No. 2006-16; and Lake County Planned Unit Development zoning
amendment -Ordinance No. 2006-17.
Section 4. Annexation.
4.1 OWNER agrees that CITY may annex the Property into the City of Clermont if CITY, in
its sole discretion, chooses to do so. In conjunction herewith, OWNER shall provide to CITY a
• Notice of Encumbrance To Annex Property in a form substantially in compliance with the form
set forth in Exhibit "B", attached hereto and incorporated herein. The CITY shall record this
Notice in the public records of Lake County whereupon it is agreed it shall serve as an
enforceable encumbrance on the real property described in Exhibit "A". The Notice of
Encumbrance shall be executed by all owners of the real property describe din Exhibit "A" and
shall be accompanied, at OWNER'S expense, by a current certificate of title or opinion letter
acceptable to CITY and issued by a licensed title company or attorney identifying all owners in
interest of the real property. All land transfers by OWNER shall contain a deed restriction or
covenant noting the existence of this encumbrance to annex, such restriction to be recorded as a
covenant to run with the land.
4.2 This agreement shall be recorded in the Public Records of Lake County, Florida at cost to
OWNER, and this agreement, upon recording, shall constitute an irrevocable application by the
undersigned owner to annex the property described on Exhibit `A', attached hereto, into the City
of Clermont, which right to annex the City may exercise at any time in the future.
Section 5. Water and Sewer Improvements.
Upon completion of and acceptance by CITY of all off-site improvements constructed by
OWNER, said improvements shall be transferred to and owned by CITY. No on-site
improvements contemplated herein shall be transferred to or owned by CITY.
Page 3
J
Section 6. Compliance with City Laws and Regulations.
• Except as otherwise set forth herein, development of the water and sewer utilities for the
Property shall be subject to compliance with the City Land Development Regulations and City
Code provisions, as amended, as well as regulations of county, state, local, and federal agencies.
Section 7. Due Diligence.
The CITY and OWNER agree that they shall commence all reasonable actions necessary to fulfill
their obligations hereunder and shall diligently pursue the same throughout the existence of this
Agreement.
Section 8. Enforcement/Effectiveness. A default by either party under this Agreement shall
entitle the other party to all remedies available at law.
Section 9. Governing Law. This Agreement shall be construed in accordance with the laws
of the State of Florida and venue for any action hereunder shall be in the Circuit Court of Lake
County, Florida.
Section 10. Binding Effect; Assignability. This Agreement, once effective, shall be binding
upon and enforceable by and against the parties hereto and their assigns. This Agreement shall
be assignable by the OWNER without the need for consent by the CITY. The rights and
obligations set forth in this Agreement shall run with the land and be binding on all successors
and/or assigns. The parties hereby covenant that they will enforce this Agreement and that it is a
• legal, valid, and binding agreement.
Section 11. Waiver; Remedies. No failure or delay on the part of either party in exercising
any right, power, or privilege hereunder will operate as a waiver thereof; nor will any waiver on
the part of either party of any right, power, or privilege hereunder operate as a waiver of any
other right, power, or privilege hereunder; nor will any single or partial exercise of any right,
power, or privilege hereunder preclude any other further exercise thereof, or the exercise of any
other right, power, or privilege hereunder.
Section 12. Entire Agreement. This Agreement sets forth all of the promises, covenants,
agreements, conditions, and understandings between the parties hereto, and supersedes all prior
and contemporaneous agreements, understandings, inducements or conditions, express or
implied, oral or written, except as herein contained. However, the failure of this Agreement to
address a particular permit, condition, term, or restriction shall not relieve the OWNER from
complying with the law governing said permitting requirements, conditions, terms or restrictions.
Section 13. Amendment. Any amendment to this agreement is not effective unless the
amendment is in writing and signed by all parties.
Section 14. Severability. In the event that any provision of this agreement shall be held
invalid or unenforceable, the provision shall be deleted from this agreement without affecting in
any respect whatsoever the validity of the remainder of this agreement.
•
Page 4
•
Section 15. Notices. All notices, demands, or other writings required to be given or made or
sent in this Agreement, or which may be given or made or sent, by either party to the other, shall
be deemed to have been fully given or made or sent when in writing and addressed as follows:
CITY:
Wayne Saunders
City of Clermont
City Manager
P.O. Box 120219
Clermont, Florida 34712-0219
OWNER;
Tom A. Harb
Lake County Gateway, LLC
7954 Sand Lake Road
Orlando, Florida 32819
With copy to:
With a copy to:
Daniel F. Mantzaris, Esq. Cecelia Bonifay, Esq.
City Attorney Akerman Senterfitt
Post Office Box 87 131 West Main Street
Orlando, Florida 32802-0087 Tavares, Florida 32778
[Signature blocks appear on following page.]
•
.]
Page 5
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
as of the date first above written.
,t`,;
~ :~k
,t~ ~ F. •/
~, .5~ '',
5., . ~
.~ Attest
/: '}~
. ~~y Ac yd; City k
CITY:
CITY OF CLERMONT, a Florida municipal
core/o/ration
Naarold Turville, Jr
Its: Mayor
OWNER:
LAKE COUNTY GATEWAY, LLC, a Florida
limited liability company
By:
Name:~T~om A. Harb
Its: (V~ ~
I HEREBY CERTIFY that on this day, before me, an officer duly t orized to
administer oaths and take acknowledgments, personally appeared Tom A. Harb, as
~r~of Lake County Gateway, LLC, a Florida limited liability company,
~ ~~ ~c~a~~e~ ~~ ~~er€e e€ who is personally known to be the person
described in and who executed the foregoing, and that he acknowledged before me that he
executed the same.
Witness my hand and official seal this ~"`~day of ~~~~~
l.~ .
Notary Public
COLETTE L. WHARTON
Notary Public. State of Flonda
My eomm szpir?s Dec 05. 200i
VJo LD268936
Bondea Ihtu Ashton Ay~nc; ~~~ ~8~0;~951 ag5~
•
Page 6
STATE OF FL A
COUNTY OF
EXHIBIT "A"
Legal Description
Page 7
;.
BOUNDARY AND LEGAL SURVEY
• THAT PART OF SECTIONS 24 AND 2S, TOWNSHIP 22 SOUTH, RANGE 26 EAST, LAKE
COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 2S, AS THE POINT OF
BEGINNING; THENCE RUNS 89°23'23" E, ALONG THE NORTH LINE THEREOF, 2690.33
FEET TO THE NORTH 1 /4 OF SAID SECTION 2S; THENCE RUNS 89°22'05" E, CONTINUING
ALONG SAID NORTH LINE, 50.07 FEET TO A BARBED WIRE FENCE LINE; THENCE RUN N
79°9'30" E, ALONG SAID FENCE LINE, 434.24 FEET; THENCE RUN N 79°05'06" E, SS6.22
FEET TO ANON-TANGENT CURVE CONCAVE TO THE SOUTH; THENCE RUN EASTERLY
ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 8°45'53", A RADIUS OF 1861.14
FEET, AN ARC LENGTH OF 284.70 FEET, A CHORD BEARING OF N 86°42'10" E AND A
CHORD DISTANCE OF 284.43 FEET; THENCE RUNS 88°54'54" E, 67.39 FEET TO A CURVE
CONCAVE TO THE SOUTH; THENCE RUN EASTERLY ALONG SAID CURVE HAVING A
CENTRAL ANGLE OF 13°57'05", A RADIUS OF ]045.00 FEET, AN ARC LENGTH OF 254.46
FEET, A CHORD BEARING OF S 81 °56'22" E AND A CHORD DISTANCE OF 253.83 FEET TO
A COMPOUND CURVE CONCAVE TO THE SOUTHWEST; THENCE RUN SOUTHEASTERLY
ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 18°36'42", A RADIUS OF 1413.77
FEET, AN ARC LENGTH OF 459.24 FEET, A CHORD BEARING OF S b5°39'28" E AND A
CHORD DISTANCE OF 457.23 FEET TO THE AFORESAID NORTH LINE OF SECT]ON 25;
THENCE RUNS 89°22'05" E, ALONG SAID NORTH LINE, 65.88 FEET TO THE MAINTAINED
WEST RIGHT OF WAY OF OLD STATE ROAD No.SO, SAID LINE BEING A CURVE
CONCAVE TO THE SOUTHWEST; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE
HAVING A CENTRAL ANGLE OF 6°35'39", A RADIUS OF 1378.71 FEET, AN ARC LENGTH
• OF 158.68 FEET, A CHORD BEARING OF S 48°19'40" E AND A CHORD DISTANCE OF 158.59
FEET; THENCE RUNS 45°]'S0" E, CONTINUING ALONG SAID MAINTAINED RIGHT OF
WAY LINE, S8S.49 FEET TO THE WEST RIGHT OF WAY LINE OF LAKE BOULEVARD;
THENCE RUN THE FOLLOWING SIX COURSES AND DISTANCES ALONG SAID WEST
RIGHT OF WAY LINE: S 31°37'l l" W, 328.07 FEET; THENCE RUN N S8°22'49" W, 5.00 FEET
TO A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE RUN
SOUTHWESTERLY ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 29°47'54", A
RADIUS OF 200.00 FEET, AN ARC LENGTH OF 104.02 FEET, A CHORD BEARING OF S
46°31'08" W AND A CHORD DISTANCE OF l 02.85 FEET; THENCE RUNS 6 t °25'05" W, 366.55
FEET TO A CURVE CONCAVE TO THE EAST; THENCE RUN SOUTHERLY ALONG SAID
CURVE. HAVING A CENTRAL ANGLE OF SS°51'45", A RADIUS OF 180.00 FEET, AN ARC
LENGTH OF 175.50 FEET, A CHORD BEARING OF S 33°29'12" W AND A CHORD DISTANCE
OF 168.63 FEET; THENCE RUNS 2l°26'18" W, 11.08 FEET TO THE NORTH RIGHT OF WAY
LINE OF STATE ROAD No. 50; THENCE RUN FOLLOWING THREE COURSES AND
DISTANCES ALONG SAID NORTH LINE: N 87°43'3 ] " W, 50.79 FEET; THENCE RUN N
84°25'4l" W, 469.96 FEET; THENCE RUN N 89°48'40" W, 4157.41 FEET TO THE WEST LINE
OF AFORESAID SECTION 25; THENCE RUN N 0°43'43" E, ALONG SAID WEST LINE, 1183.70
FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 141.895 ACRES MORE OR LESS.
^• Y
Exhibit B
• Notice of Encumbrance
to Annex to City of Clermont
City of Clermont
City Manager
685 W. Montrose Street
Clermont, FL 34712
THIS INSTRUMENT, Made this 14 day of February, 2006, between Lake County
Gateway, LLC, a Florida limited liability company Grantor, and the CITY OF
CLERMONT, FLORIDA, a Florida municipal corporation, Grantee:
WITNESSETH, NOTICE is given that heretofore or contemporaneously herewith
Grantor has petitioned the Grantee for it to permit voluntary annexation of Grantor's
property below described into the corporate limits of the City of Clermont, and
GRANTOR, for and in consideration of the sum of ONE and 00/100 ($1.00) and other
good and valuable consideration to Grantor in hand paid by Grantee, the receipt
whereof is hereby acknowledged, DOES HEREBY ENCUMBER the below -described
• real property situate, lying and being in Lake County, Florida with the absolute
requirement that the subject real property may be, at the sole discretion, and upon
request of Grantee, annexed into the city limits of the City of Clermont at such time that
the annexation of said real property is in accordance with applicable law,
GRANTOR, further agrees, on his/ hers/ theirs/ its own behalf and that of Grantors'
heirs and assigns to perform all ministerial functions necessary of the Grantor or
Grantor's heirs and/ or assigns (as the case may be) then required by law to enable the
described real property to be incorporated into the city limits of the City of Clermont
and where such ministerial functions consist of a simple written request or the renewal
of the petition of which notice is given above, then this instrument shall be considered
such request and j or renewal. The subject property is described as:
•
~ {
BOUNDARY AND LEGAL SURVEY
• THAT PART OF SECTIONS 24 AND 25, TOWNSHIP 22 SOUTH, RANGE 26 EAST, LAKE
COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 25, AS THE P01NT OF
BEGINNING; THENCE RUNS 89°23`23" E, ALONG THE NORTH LINE THEREOF, 2690.33
FEET TO THE NORTH l/4 OF SAID SECTION 25; THENCE RUNS 89°22'05" E, CONTINUING
ALONG SAID NORTH LINE, 50.07 FEET TO A BARBED WIRE FENCE LINE; THENCE RUN N
79°9'30" E, ALONG SAID FENCE LINE, 434.24 FEET; THENCE RUN N 79°05'06" E, SSb.22
FEET TO ANON-TANGENT CURVE CONCAVE TO THE SOUTH; THENCE RUN EASTERLY
ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 8°45'53", A RADIUS OF 1861.14
FEET, AN ARC LENGTH OF 284.70 FEET, A CHORD BEARING OF N 86°42'10" E AND A
CHORD DISTANCE OF 284.43 FEET; THENCE RUNS 88°54'54" E, 67.39 FEET TO A CURVE
CONCAVE TO THE SOUTH; THENCE RUN EASTERLY ALONG SAID CURVE HAVING A
CENTRAL ANGLE OF l3°57'05", A RADIUS OF 1045.00 FEET, AN ARC LENGTH OF 254.46
FEET, A CHORD BEARING OF S 81°56'22" E AND A CHORD DISTANCE OF 253.83 FEET TO
A COMPOUND CURVE CONCAVE TO THE SOUTHWEST; THENCE RUN SOUTHEASTERLY
ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 18°36'42", A RADIUS OF 1413.77
FEET, AN ARC LENGTH OF 459.24 FEET, A CHORD BEARING OF S 65°39'28" E AND A
CHORD DISTANCE OF 457.23 FEET TO THE AFORESAID NORTH LINE OF SECTION 25;
THENCE RUNS 89°22'05" E, ALONG SAID NORTH LINE, 65.88 FEET TO THE MAINTAINED
WEST RIGHT OF WAY OF OLD STATE ROAD No.50, SAID LINE BEING A CURVE
CONCAVE TO THE SOUTHWEST; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE
HAVING A CENTRAL ANGLE OF 6°35'39", A RADIUS OF 1378.71 FEET, AN ARC LENGTH
OF 158.68 FEET, A CHORD BEARING OF S 48°19'40" E AND A CHORD DISTANCE OF 158.59
FEET; THENCE RUNS 45°l'S0" E, CONTINUING ALONG SAID MAINTAINED RIGHT OF
WAY LINE, 585.49 FEET TO THE WEST RIGHT OF WAY LINE OF LAKE BOULEVARD;
THENCE RUN THE FOLLOWING SIX COURSES AND DISTANCES ALONG SAID WEST
RIGHT OF WAY LINE: S 31°37'1 l" W, 328.07 FEET; THENCE RUN N 58°22'49" W, 5.00 FEET
TO A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE RUN
SOUTHWESTERLY ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 29°47'54", A
RADIUS OF 200.00 FEET, AN ARC LENGTH OF 104.02 FEET, A CHORD BEARING OF S
46°31'08" W AND A CHORD DISTANCE OF 102.85 FEET; THENCE RUNS 61°25'05" W, 366.55
FEET TO A CURVE CONCAVE TO THE EAST; THENCE RUN SOUTHERLY ALONG SAID
CURVE. HAVING A CENTRAL ANGLE OF 55°51'45", A RADIUS OF ] 80.00 FEET, AN ARC
LENGTH OF 175.50 FEET, A CHORD BEARING OF S 33°29']2" W AND A CHORD DISTANCE
OF 168.63 FEET; THENCE RUNS 2l°26'18" W, 1 l .08 FEET TO THE NORTH RIGHT OF WAY
LINE OF STATE ROAD No. 50; THENCE RUN FOLLOWING THREE COURSES AND
DISTANCES ALONG SAID NORTH LINE: N 87°43'3]" W, 50.79 FEET; THENCE RUN N
84°25'4]" W, 469.96 FEET; THENCE RUN N 89°48'40" W, 4]57.41 FEET TO THE WEST LINE
OF AFORESAID SECTION 25; THENCE RUN N 0°43'43" E, ALONG SAID WEST LINE, 1183.70
FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 141.895 ACRES MORE OR LESS.
•
Grantor is used for singular or plural, as the context requires. IN WITNESS THEREOF,
GRANTOR has hereunto set Grantor's hand and seal the day and year first above
written.
PROPERTY OWNER ):
1.
Signature
Y~ (~ ~~(,1 C ~')
Type or print name
2.
Signature
Type or print name
STATE OF
WITNESSES Two required):
~ I~O~,/1/-~
1.
Type or print name
1.
Signature
~n /~~ ~~~
z
Type or print name
COUNTY OF ~U f '
e before me on this ~ day of
20~ by ~ , ~~ i~V 1 ~ V ,who is
personally known to me
JotTrv public. Stage of Florida
=a^^}~~~^~*~^n °nd who did not take an oath.
The fore~oin~ instrument was ackn wled~
SEAL
t
Notary Public
My ran~n~ ?xpires ~eCOQ268936
Sondeo rhni Asrinn A~r~~~c _ '~'~;: ~.800!~15?_`t85-1
~ ~~
Type/print name
Pursuant to Section 695.29(3)(f): this instrument exempt from Chapter 695, F.S.,; Prepared by a Public Officer, City Attorney, City of
Clermont, Florida 34712
•
FUND TITLE CERTIFICATE
An examined search for the issuance of title insurance underwritten by
Attorneys' Title Insurance Fund, Inc.
•
Fund File Number: 12-2006-0779
Provided For: Page Law Firm LLC Agent's File Reference: LAKE COUNTY GATEWAY
Amount of Insurance: OWNER'S: To Be Determined MORTGAGEE:
Not to Exceed $3,000,000.00
Effective Date of Search: March 28, 2006 at 11:00 PM
Description of Real Property to be Insured situated in Lake County, Florida.
See Exhibit A attached.
Record Title Vested in: Lake County Gateway, LLC, a Florida limited liability company by Trustee's
Deed's
Recorded in: O.R. Book 2585, Page 514, O.R. Book 2676, Page 2411
This certificate is issued exclusively for the writing of a title insurance commitment and/or policy on
Attorneys' Title Insurance Fund, Inc. No liability is assumed if used for any other purpose. Liability
for this certificate expires six (6) months from date of issue if no commitment or policy has by then
been issued by one of the aforementioned companies.
Prepared this 3rd day of April, 2006.
Attorneys' Title Insurance Fund, Inc.
Prepared by: Debbie Miller
Typist: Debbie Miller
Page 1 of 5
Rev.1.2
FUND TITLE CERTIFICATE
Fund File Number: 12-2006-0779
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.
S. 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.
(Unless satisfactory evidence is presented to The Fund member agent eliminating the need for
exceptions one through five, said exceptions should be made a part of any Fund commitment
or final policy.)
6. Federal liens and judgment liens, ijany, filed with the Florida Department of State pursuant to
Sec. 713.901, et seq., F.S., and Sec. SS.Z01, et seq., F.S., respectively, which designate the
Florida Department of State as the place for filing federal liens and judgment liens against
personal property. For insuring purposes:
(a) Pursuant to Sec. 713.901, et seq., F.S., personal property includes, but is not limited to,
mortgages, leaseholds, mortgages on leaseholds, interests in cooperative associations,
vendees' interests, and options when those interests are held by a partnership, corporation,
trust or decedent's estate; and
(b) Pursuant to Sec. SS.201, et seq., F.S., personal property includes, but is not limited to,
leaseholds, interests in cooperative associations, vendees' interests, and options regardless
of the type of entity holding such interests, including individuals. (Note: Mortgages have
been specifically excluded from the personal property interests in which a judgment lien
may be acquired under the provisions of Sec. 55.201, et seq., F.S.)
7. Any lien provided by County Ordinance or by Chapter 159, Florida Statutes, in favor of any
city, town, village or port authority, jor 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 county or municipality.
8. 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.
9. Ail matters contained on the Plat of Edgewater Beach, as recorded in Plat Book 8, Page(s) 84,
Public Records of Lake County, Florida.
10. All matters contained on the Plat of Edgewater Beach, as recorded in Plat Book 9, Page(s) 19,
Public Records of Lake County, Florida.
•
Page 2 of 5
FUND TITLE CERTIFICATE
•
•
Fund File Number: 12-2006-0779
11. All matters contained on the Plat of A Replat of part of Edgewater Beach, as recorded in Plat
Book 10, Page(s) 44, Public Records of Lake County, Florida.
12. All matters contained on the Plat of Lake Highlands Company, as recorded in Plat Book 3,
Page(s) 24, Public Records of Lake County, Florida.
13. All matters contained on the Plat of Lake Highlands Company of Section 25, Township 22 S,
Range 26 E, as recorded in Plat Book 3, Page(s) 50, Public Records of Lake County, Florida.
I4. Easement in favor of Florida Power Corporation contained in instrument recorded July 20, 1988,
in O.R. Book 973, Page 586, Public Records of Lake County, Florida.
IS. Nonexclusive Utilities Easement in favor of City of Clermont contained in instrument recorded
October 17, 1997, in O.R. Book 1554, Page 2430, Public Records of Lake County, Florida.
l6. Non-Exclusive Easement in favor of Lake County contained in instrument recorded October 12,
2005, in O.R. Book 2976, Page 513, Public Records of Lake County, Florida.
17. Ordinance #2006-17 recorded in O.R. Book 3096, Page 1402, Public Records of Lake County,
Florida.
18. Ordinance No. 2006-16 recorded in O.R. Book 3096, Page 1425, Public Records of Lake County,
Florida.
19. Ordinance No. 2006-15 recorded in O.R. Book 3096, Page 1457, Public Records of Lake County,
Florida.
20. Mortgage to Peoples First Community Bank, mortgagee(s), recorded under O.R. Book 2585,
Page 519, Public Records of Lake County, Florida.
21. Assignment of Leases, Rents and Profits filed June 2, 2004, in O.R. Book 2585, Page 542, Public
Records of Lake County, Florida.
22. UCC Financing Statement between Lake County Gateway, LLC and Hunter's Trace Investments,
Inc. and Peoples First Community Bank as recorded in O.R. Book 2585, Page 550, Public
Records of Lake County, Florida.
23. The Fund has no liability under this commitment until an endorsement is issued stating the
amount of the proposed policy. No Fund policy may be issued in an amount of $3,000,000.00 or
greater without specific Underwriting approval.
Unless stated otherwise, tl:e property described herein has legal access.
Proposed Purclraser/Mortgagor:
N/A
•
A 20 year name search was performed on the proposed purchaser/mortgagor for unsatisfied judgments
and tax liens (state and federal and other liens for the recovery of money) and personal names were
Page 3 of 5
FUND TITLE CERTIFICATE
Fund File Number: 12-2006-0779
• cl:ecked for unrestored incompetency and for guardianship proceedings, ALL OF WHICH
RESULTED IN THE FOLLOWING:
None
The status of corporations and limited partnerships has not been verified with any applicable
governmental agencies or other authorities.
T/zis certificate does not cover unpaid municipal taxes and other assessments unless they are recorded
in the Official Records Book of the county, nor does it cover matters filed in the Federal District Courts
of Florida EXCEPT FOR BANKRUPTCYPROCEEDINGS filed prior to October 7,1984, when the
property lies in either DADS, DUVAL, HILLSBOROUGH, LEON OR ORANGE COUNTY.
See the attached Tax Sheet for current and delinquent (if any) ad valorem tax information.
In order for the title to be insured by The Fund, it must be examined between the effective date of this
certificate and t/ze recording date(s) of the instrument(s) on which the policy is based.
•
Page 4 of 5
FUND TITLE CERTIFICATE
Fund File Number: 12-2006-0779
EXHIBIT A
'~,~`~' 3art:EtT ~ 5>vG`7`td~PtB ~ A3~11? ~s; ~sAlP ~ ~gtPfTt, ~t~t ~~+ ~', LAS
Catl~"iY> ~t;cy]tl~a, ~ O~S~CRIBB[~ A& ~fiLL[a'WS:
Ct>h~~ A7' °!'H Nt3R7H1W~5'X' E~F~t !7F SAII3 SLG`I70N 25, As THE P4t:~I"1' CaF
8Et37?3NtNC: 17~'~~31rE RUN' "~ ~9'X3~3` ~. AL.t?Nt1 THE 'M~1R"i'l{ L.~tE `i'3~~R~'t}~. ~b40."~3
SET` 1't? THE N9~tTN Et4 O~ SA1£f ~F:~I"I~lN ~3; ~7iCE RtJ?~ S 8~°22"itS" E. ~OtVTYNU#~tt3
ATR'NG $A®tIC3R'T'!~ L~Ti i~, 5tl.tf7 T(j J4 ~I,I~K~$t3 ~1~YIR.E F~1'~L~ Lek ~'1F~C~. R~l!"N ?~I
79°934T"f~f~ A~fLS3TJTG tSA?eD~tFy',~~~fE L1x 4f3~f;~?4 Fi~~.EeT~;~c('!3e€wNt~n~[R~tJ42~m~~S1 79'°6;~51"~U6' E, ~56i,2+V"
~~yy~~4~7 I~ I~Q~~+~'~ip/~~7~w+~f+A i ~VtVynR~~ w,.~~.tt~" 'f'u ~! 72.fy.~S~L£pv `+i~i !~l fi'~L:~.-~y~ ~y~,~V F~'+~. ~y~~+ yasy7
A,ilC7~NC3 ~ li4iJ!f.~tn Vq~i.' Ar~~- ~ 1JF- 4~J#. ~ MfiJ/+V3 ~.~+ ~4~J~,t~
~'E8'T. API ARC 1.~1C" 1"H OF 28#:?4 F;E~`# ; l1 ~! 13EtiRtNCi +~` N 86°4~` 3 t1" ~' ANU !4
L.1fiQ'ri~.1 D1STA3'~{.'~ bZ' 29t4,d3 FED; 'TH3~t~CE Rt1lrt S ~°S4 S'S~* $, 57,3 ~6~ Tt} A t:tXR.VE:
1CJkV~'fC7'i`NE~SdCTCEt 7'~~'NC~ RLfld 7'Llt1.'! AL4~iii SAU,t CIJRYE i~l1VTNG A
CENTRAL. A,Is1t ~ 13.5`5*, A . ~ IG45Att FEET, ATt ~:C LEI'~('sTt3 C5'~ 35~.4~
SET, Pt Ci{t1R~3 BEARING C-fi $ ~ ~ °St4Zx" E ~41'tC314 ~f~D '~15I" A.Nt~ ~ 253.$3 F~,.~'T TO
A C4~*9~t17+ID CtJ#~YE C+EA~3' TC3 THE St7T~"1"N''A'~ST; TliFl+PCERtIt+~ 5fi1t13"lIEASTETt.LY
AI~C~iG u3A~LpCt Ctyl~F}rtyV~~E.ry13~A'/uyi~~tfi3 Iffy,~E~RA~.Aw!N~ry~~LEyt~JyF~y~1$~'}3~6'A~~'y~!A~.1R~A~°l~ylpt~yS~fC~~+ 1~4~6g3~;7A1
~~. ~JT A+~~ }!i-+1 ~k! J R 1tl~C 'f~~ev['7 +~j A~. i+~a.+hV D{~'fi+~i~~ Vf 4"~ 9.7g.77iR G Ai7Tf/ I1
C}~~tp D`tSTAhCEt CZF 45'.:23 E~E'T' TO ~~ AFQ3Ifl i'~1ptt'E~3 LANE {3F S'1'it~ti 25:
'T~tF1dG'E Ft3JN S $x'43' E. ALUNt'~ Si4ti'I> P~OR731 I.~NE. &S~t$ FED' ~ THE NLA.13"Y'fAtfi~l~
.` IZIC3H'4' A~ WJtY ~ (3LD ~'A7J~ R{?1U? tto_3Q. $A~]G LThCE 86?4dt3 /- ~JRV
~Q1+1CA'+/E TO ~E St~L'I'h3v~E5't; T1t1ENCE 3t'E13,Z SO"f}iElsB'TT~,L1' A2"c3'NC! SAtStS G~tt'+
HA4'INSi Jk CFi4'T1ir0.L AI+11 OY' b"3S`SS~, h RA~J131S RF ]373.71 FEiL7`, AIV APtG L~gTH
Q6 !58.68 AE'I', A CF1gXt> Bf?AR.?Nti PT .S 4$°14'40" E A3~Y) A GHGRt? [7~STA1+3CE 13~ 35,.59
F~E7;: THEE FtllN 5 43°i~* E, C:C?'~'I'f:'3[IL7(i ALpPi[I Sltlrt3 MAIPiY'J4IftLC} RFt3E37 {
VvA,Y A.CNL, 585.44' FEET ~ TI-tE W@ST' RiT C~ WAY LINE f?~ I.~tKE HU1JL~'VA~;
TN~~ R31Aa Tti~ FI~LLOWING SIC C~JR51~S At~tt) 3333'i'A3rC~ AI.UI~ti3 sA.ll7 15~'
R1~11T QY "WAY LC?I>2: 8 31°a~'Il"'1W, 328.07 FEET; '!'P#~[.E KUkI N 36'22'~'~"' W, S.OC+
T4 ~- N+~i~-TAN~,E'ta'T t;tTRV'~ CLaI~CAYE Tt3 fi11H l3ai~"~'T-~tJ'", "f}EI~tCF RUN
St7UTHV~~.l.Y ALOTiO SAi17 C,'x}R1dE 53ItV3tv~x A ~~ AN€31.E 4f 23"47.54', A
RABItIS dF 243.Etb ~E`f, ~-N AI'iC Li~'N3 ~ ~P4:G2 FF,.E7, A I~~l3 BEARR4f4 t)~ '~
44"'13"~t6" W' APt~ Jl t~iCfRD l'~1S'`3A.t~t ~F 1.#2.:85 F`F1~7; ?'l3ET@G~ Ptt3P~ 5 6S°25`QS"'Wr 3b5~5
F`EET' A CtDRVE CONCA''~E T~J "#'HE ~1ts'i'; T11~*tGlr 1t3J1+3 SC7IJTIP3~RUY ~B.OAtG 5~t?
GRlRVE HAVING A, ~EI~1'1tEt. AS~GLE C!~ 55.31u3". A RA~ttU~ Cf~ 1114,tIU 1~1=T, lkN AiCC
LENtit QF t?S.S~t E~ET, A Ck3t71?D IIEAR1TtG OP S 7`23'12"'~` A:TMILI A G1CF31«3 [3;SCXN'"..E
dF 1bR.fi3 F$El'; '11i1.',Ai~L£ 1:3,F1V S 27°26'11C" a11, I I AR FE>r3' "1'O'1 }it~ >"+14R'X7a ftt~11'i` OF Vr''AY
L]NI: tlF 57'Ai°E R~1Ai7 No. 511: THE3;ICE Rt17J Fb~, 3d43'~'1NG ~ Gf}13iL~',3r5 At4D
bI57'ANGES AL#5NG tali? Nf3R.TFi 1.Ii+7E: N B?"43`x1^ tV', 50.'9 t'E7"; `tl3~?Nt`E R.3JTi N
34°25'43" t'f, 449.5}6 I~E'1'; ?I~~1CE RtlT+1 N 94°4s'4CY W, d1S'~,43 'FEE'i"I't3 THE 3YC' LITIE
AF AFOR~SA[IY S~~'T1t3A: 23; Tti3~S:CE StIS?~1 H D'43'43" ~, A4#~~G' S~tiU W ~T 1.J1`lE, i 18#.74
~-ST' "~~? TIi'E }K1P+fI' QF fi~411dI"ll;+tG.
r~
~J
Page 5 of 5
■ •
M tr-'
� yD
a
l+J O ��71 �Ell 1 iiI E [ a a \ � q i
r. I 4.1 ,._..i..,4;,;:z.......,n4., 4..• 1 11/:
p ate, yid ,
,i ILi
Pi 1 n la I 1 1 zb `
g ! a 1, (i
11
R I=ay I
1
ugly! 'Pi EIP 5
I . IT gu. i in
m
)!iP
0ass= iiµ a , 16,
§a ilk .
Z. 5i I' I1•I
a 1 . 3��7�Vg' .��' / Y'r1[ a
�t II y
1 i 1
; i ,71
_ I-II m = ._ se - a-n - a - N-3 i_ C8� ;I• �I
*HE
Tfiffilat I I 1 I
gc i '11111611Lni 111 22€ eE� it °'� 1 ;
PIP2 Hilt
It! ' tts a i
I!!
. 1 Jill 1 , 9s ae01 ; 4
1 [ it I ii. 1 1 1 V 1 I i \ ii /),' .
a si 1
iiia i 2. @ I $1 i ill A i i
- — — — — — -_r AKE couxn--
•
iliNig .A
oaexcs coiFri
O_a�,�, ■