Record Owner: CHARLOTTE COUNTY, a political subdivision of the State of. of Florida, as ex Officio of THE MURDOCK VILLAGE COMMUNITY
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1 Page 1 of 8 A.1. A.2. Record Owner: CHARLOTTE COUNTY, a political subdivision of the State of Florida, as ex Officio of THE MURDOCK VILLAGE COMMUNITY REDEVELOPMENT AGENCY The land referred herein is in Exhibit A attached. B.I. It is anticipated that the following are the requirements to be complied with in order to obtain an owner s title insurance policy: B.I.1. Payment of the full consideration to, or for the account of, the grantors or mortgagors. B.I.2. Instruments creating the estate or interest to be insured which must be executed, delivered and filed for record: a. Deed from CHARLOTTE COUNTY, a political subdivision of the State of Florida, as ex Officio of THE MURDOCK VILLAGE COMMUNITY REDEVELOPMENT AGENCY, to the proposed insured purchaser(s). B.I.3. Proof from Charlotte County that taxes on all of subject property have been paid through the date of closing. B.I.4. Attorneys Title Insurance Fund, Inc. has reserved the right to make further requirements upon review of actions taken to fulfill requirements set forth herein. B.I.5. Recording Release and Termination of the Assignment of Easements between Charlotte County, as Assignor, and AmeriGas Propane, L.P., a Delaware limited partnership, as Assignee, recorded in O. R. Book 1602, Page 1169, of the Public Records of Charlotte County, Florida. B.I.6. Recording Termination of Easement by CHARLOTTE COUNTY, a political subdivision of the State of Florida and CHARLOTTE COUNTY, a political subdivision of the State of Florida, as ex Officio of THE MURDOCK VILLAGE COMMUNITY REDEVELOPMENT AGENCY terminating the Drainage Easements Reservation contained in instrument recorded in O. R. Book 228, Page 87, as to Lots 56 and 57, Block 688, PORT CHARLOTTE SUBDIVISION SECTION FORTY ONE, as recorded in Plat Book 5, Page(s) 51, Public Records of Charlotte County, Florida.
2 Page 2 of 8 B.I.7. Recording Release of Easement releasing and terminating that particular easement in favor of Florida Power & Light Company contained in instrument recorded in O. R. Book 1436, Page 2191, as to Block 672, PORT CHARLOTTE SUBDIVISION SECTION FORTY ONE, as recorded in Plat Book 5, Page(s) 51, Public Records of Charlotte County, Florida. B.I.8. Vacation of the plat of Port Charlotte Subdivision Section Thirty Five, as recorded in Plat Book 5, at Page(s) 39, and Assignments of Easements recorded in Official Record Book 670, at Page 1659, Official Record Book 1348, at Page 2008, Official Record Book 1371, at Page 1265 and Official Record Book 1602, at Page 1169, Public Records of Charlotte County, Florida, as to the subject property to be insured hereunder. Upon vacation of that portion of the foregoing plat within the subject property to be insured hereunder and the recording of a covenant or other instrument enforceable against the proposed insured which requires that access to the Charlotte County North Regional Park remain open and available to public use during design, permitting, construction for community redevelopment purposes, and that alternative access for comparable use of roads and canals in said subdivision is to be provided as a result of community redevelopment, the insurer will not make any exceptions on any ensuing policies for the private and public rights of owners of lots in Port Charlotte Subdivision Section Thirty Five, as recorded in Plat Book 5, at Page (s) 39, Public Records of Collier County, Florida, which are not vacated, to use the roads and canals in said subdivision. B.I.9. Vacation of the plat of Port Charlotte Subdivision Section Forty One, as recorded in Plat Book 5, at Page(s) 51, and Assignments of Easements recorded in Official Record Book 670, at Page 1659, Official Record Book 1348, at Page 2008, Official Record Book 1371, at Page 1265 and Official Record Book 1602, at Page 1169, Public Records of Charlotte County, Florida, as to the subject property to be insured hereunder. Upon vacation of that portion of the foregoing plat within the subject property to be insured hereunder and the recording of a covenant or other instrument enforceable against the proposed insured which requires that Collingswood Boulevard and Toledo Blade Boulevard (running north and south through the entire Murdock Village Community Redevelopment Area) remain open and available to public use during design, permitting, construction, and that alternative access for comparable use of roads and canals in said subdivision is to be provided as a result of community
3 Page 3 of 8 redevelopment, the insurer will not make any exceptions on any ensuing policies for the private and public rights of owners of lots in Port Charlotte Subdivision Section Forty One, as recorded in Plat Book 5, at Page (s) 51, Public Records of Collier County, Florida, which are not vacated, to use the roads and canals in said subdivision. B.I.10. Vacation of the plat of Port Charlotte Subdivision Section Forty Two, as recorded in Plat Book 5, at Page(s) 52, and Assignments of Easements recorded in Official Record Book 670, at Page 1659, Official Record Book 1348, at Page 2008, Official Record Book 1371, at Page 1265 and Official Record Book 1602, at Page 1169, Public Records of Charlotte County, Florida. Upon vacation of the foregoing plat (which lies wholly within the subject property to be insured hereunder), the insurer will not make any exceptions on any ensuing policies relating to Port Charlotte Subdivision Section Forty Two, as recorded in Plat Book 5, at Page (s) 52, Public Records of Collier County, Florida. B.I.11. Vacation of the plat of Port Charlotte Subdivision Section Forty Six, as recorded in Plat Book 5, at Page(s) 57, and Assignments of Easements recorded in Official Record Book 670, at Page 1659, Official Record Book 1348, at Page 2008, Official Record Book 1371, at Page 1265 and Official Record Book 1602, at Page 1169, Public Records of Charlotte County, Florida, as to the subject property to be insured hereunder. Upon vacation of that portion of the foregoing plat within the subject property to be insured hereunder, the insurer will not make any exceptions on any ensuing policies for the private and public rights of owners of lots in Port Charlotte Subdivision Section Forty Six, as recorded in Plat Book 5, at Page (s) 57, Public Records of Collier County, Florida, which are not vacated, to use the roads and canals in said subdivision. B.I.12. Agreement between the Board of Commissioners of Charlotte County on behalf of the County and ex officio as the Murdock Village Community Redevelopment Agency with Attorneysʹ Title Insurance Fund, Inc., in a form satisfactory to the insurer, which provides for the escrow of $500,000 to be available for use by the insurer for any costs associated with any claim arising under the policies to be issued hereunder from any party attempting to enforce any of the following: a. Covenants, conditions and restrictions for Port Charlotte Subdivision Section Thirty Five, as recorded in Plat Book 5, at Page(s) 39, recorded in
4 Page 4 of 8 Official Record Book 53, at Page 575, as amended in Official Record Book 65, at Page 493, and Assignment of Canal Easements recorded in Official Record Book 1591, at Page 1746, Public Records of Charlotte County, Florida. b. Covenants, conditions and restrictions for Port Charlotte Subdivision Section Forty One, as recorded in Plat Book 5, at Page(s) 51, recorded in Official Record Book 64, at Page 123, as amended in Official Record Book 65, at Page 493,, and Assignment of Canal Easements recorded in Official Record Book 1591, at Page 1746, Public Records of Charlotte County, Florida. c. Covenants, conditions and restrictions for Port Charlotte Subdivision Section Forty Two, as recorded in Plat Book 5, at Page(s) 52, recorded in Official Record Book 63, at Page 36, as amended in Official Record Book 65, at Page 493,, and Assignment of Canal Easements recorded in Official Record Book 1591, at Page 1746, Public Records of Charlotte County, Florida. d. Covenants, conditions and restrictions for Port Charlotte Subdivision Section Forty Six, as recorded in Plat Book 5, at Page(s) 57, recorded in Official Record Book 68, at Page 50, as amended in Official Record Book 65, at Page 493 and Official Record Book 1122, at Page 893,, and Assignment of Canal Easements recorded in Official Record Book 1591, at Page 1746, Public Records of Charlotte County, Florida. e. Any and all rights arising under or by virtue of the following plats: Port Charlotte Subdivision Section Thirty Five, as recorded in Plat Book 5, at Page(s) 39; Port Charlotte Subdivision Section Forty One, as recorded in Plat Book 5, at Page(s) 51; Port Charlotte Subdivision Section Forty Two, as recorded in Plat Book 5, at Page(s) 52; Port Charlotte Subdivision Section Forty Six, as recorded in Plat Book 5, at Page(s) 57; and Port Charlotte Section ninety Nine, as recorded in plat Book 13, page 6 of the Public Records of Charlotte County, Florida. f. Any and all rights arising from or by virtue of defects in any aspect of the Eminent Domain proceedings and litigation resulting in the taking by Charlotte County on behalf of the County and ex officio as the Murdock Village Community Redevelopment Agency, relating to the property described Exhibit A. B.I.13. Review certified copy of articles of organization and amendments or similar corporate documents for any business entity, if any, to verify who
5 Page 5 of 8 may bind and sign for any such entity, as well as procedures to authorize such signatory. Satisfactory evidence must be furnished establishing that any such business entity is duly organized, validly existing, and in good standing in an appropriate jurisdiction, which must also be confirmed immediately prior to closing. Further requirements may be necessary upon review thereof. B. II. It is anticipated that the owner s title insurance policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the insurer: B.II.1. Defects, liens, encumbrances, adverse claims or other matters, if any, shown in any title insurance commitment, or created, first appearing in the public records or attaching subsequent to the effective date of any title commitment but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by any title commitment. B.II.2. Any owner and mortgagee policies will contain under Schedule B customary standard exceptions unless an affidavit of possession and a satisfactory current survey are submitted, an inspection of the premises is made, it is determined the current yearʹs 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). B.II.3. Riparian or littoral rights relating to or associated with the Crestwood Waterway (canal), East Fort Waterway (canal), Flamingo Waterway (canal), Como Waterway (canal), and Auburn Waterway (canal) or any rerouting or realignment thereof will not be insured. B.II.4. Easement in favor of COMCAST CABLEVISION OF WEST FLORIDA, INC. contained in instrument recorded in O. R. Book 1854, Page 1952, as to Lot 13, Block 1230, PORT CHARLOTTE SUBDIVISION SECTION THIRTY FIVE, as recorded in Plat Book 5, Page(s) 39, Public Records of Charlotte County, Florida.
6 Page 6 of 8 B.II.5. Covenant Requiring Payment Of Community Redevelopment Assessments recorded in O. R. Book 3309, at page 645 of the public records of Charlotte County, Florida NOTE: This title summary is not a commitment for title insurance, opinion or representation of title. The County has contracted with Attorney s Title Insurance Fund, Inc. to provide extensive title research and negotiated with Attorneys Title Insurance Fund, Inc. and Chicago Title Insurance Company to deliver appropriate title insurance policies at the expense of any purchaser. Although it is believed that the foregoing summary represents the current status of relevant information relating to the title, it is solely for informal informational purposes and the County any title insurer reserve the right to make and provide additional requirements and/or identify additional exceptions.
7 Page 7 of 8 EXHIBIT A A parcel with boundaries more particularly described as commencing at the Northwest corner of Section 11, Township 40 South, 21 East, Charlotte County, Florida, with coordinates of N , E , thence S E to the point of beginning, thence S W , thence S E , thence S E , thence S E , thence S E , thence S W , thence N E , thence N E , thence N W , thence along a curve concave Northeast with a radius of a length of a tangent of a chord bearing of N W and a chord length of 58.41, thence N W , thence along a curve concave Southwest with a radius of a length of a tangent of a chord bearing of N W and a chord length of , thence N W , thence N W , thence N W 89.49, thence S W , thence S W , thence S W , thence along a curve concave Southwest with a radius of a length of a tangent of a chord bearing of N W and a chord length of 83.71, thence N W , thence S E , thence S E , thence N W 70.00, thence N W , thence S E , thence N W , thence N W , thence S E , thence N W , thence S E , thence N W , thence N W , thence N W 94.99, thence N W , thence N W 98.99, thence S W , thence S E 92.80, thence N W , thence S E , thence N W , thence S E , thence N W , thence S W 24.73, thence N W , thence N W , thence S E , thence N W , thence N W 69.99, thence S E , thence N W , thence N W , thence N W , thence along a curve concave Northeast with a radius of a length of a tangent of a chord bearing of N W and a chord length of , thence N W 84.02, thence N W back to the point of beginning. AND Lots 7, 9, 10A, 15, 16, 45, 46, 47, 48, 49, 57, 58 and 59, Block 676, Lot 12, Block 688,
8 Lots 1, 9, 12, 13, 14, 18, 19, 34, 35, 40, 42, 59, 60 and 61, Block 689, PORT CHARLOTTE SUBDIVISION SECTION FORTY ONE, according to the map or plat thereof as recorded in Plat Book 5, Page(s) 51, Public Records of Charlotte County, Florida. AND Lots 1, 2 and 3, Block 1187, Lots 6, 9, 10, 11, 12, 24 and 25, Block 1270, Lots 2, 6, 7, 8, 12, 13, 14, 17, 18, 25, 26, 27, 28 and 31, Block 1271, Lots 3, 4, 5, 6, 7, 11, 12, 13, 14, 15, 16, 19, 20, 24, 25, 26, 28, 31, 32, 33, 34 and 35, Block 1272, PORT CHARLOTTE SUBDIVISION SECTION THIRTY FIVE, according to the map or plat thereof as recorded in Plat Book 5, Page(s) 39, Public Records of Charlotte County, Florida v2
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