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Last modified
8/25/2023 11:33:10 AM
Creation date
6/27/2023 12:59:06 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/06/2023
Control Number
2023-102
Agenda Item Number
8.H.
Entity Name
Cobb, William James
Subject
Agreement to Purchase and Sell Real Estate for Right of Way
for the 41st Street Left turn lane (EB) at US 1
General Warranty Deed and Title Insurance
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American Land Title Association Owner's Policy of Title Insurance <br /> ( 7-01 <br /> \I1ESTCOR with Florida modifications <br /> (2). a trustee or beneficiary of a trust created by a written instrument established for <br /> estate planning purposes by an Insured; <br /> (3). a spouse who receives the Title because of a dissolution of marriage; <br /> (4). a transferee by a transfer effective on the death of an Insured as authorized by law; <br /> or <br /> (5). another Insured named in Item 1 of Schedule A. <br /> ii. The Company reserves all rights and defenses as to any successor or grantee that the Company <br /> would have had against any predecessor Insured. <br /> h. "Insured Claimant":An Insured claiming loss or damage arising under this policy. <br /> i. "Knowledge"or"Known": Actual knowledge or actual notice, but not constructive notice imparted by the <br /> Public Records. <br /> j. "Land": The land described in Item 4 of Schedule A and improvements located on that land at the Date <br /> of Policy that by State law constitute real property. The term "Land" does not include any property <br /> beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting <br /> street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit <br /> the extent that a right of access to and from the Land is insured by this policy. <br /> k. "Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security <br /> instrument, including one evidenced by electronic means authorized by law. <br /> I. "PACA-PSA Trust": A trust under the federal Perishable Agricultural Commodities Act or the federal <br /> Packers and Stockyards Act or a similar State or federal law. <br /> m. "Public Records": The recording or filing system established under State statutes in effect at the Date <br /> of Policy under which a document must be recorded or filed to impart constructive notice of matters <br /> relating to the Title to a purchaser for value without Knowledge. The term "Public Records" does not <br /> include any other recording or filing system, including any pertaining to environmental remediation or <br /> protection, planning, permitting, zoning, licensing, building, health, public safety, or national security <br /> matters. <br /> n. "State": The state or commonwealth of the United States within whose exterior boundaries the Land is <br /> located.The term "State"also includes the District of Columbia,the Commonwealth of Puerto Rico, the <br /> U.S. Virgin Islands, and Guam. <br /> o. "Title": The estate or interest in the Land identified in Item 2 of Schedule A. <br /> p. "Unmarketable Title": The Title affected by an alleged or apparent matter that would permit a <br /> prospective purchaser or lessee of the Title or a lender on the Title to be released from the obligation <br /> to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. <br /> 2. CONTINUATION OF COVERAGE <br /> This policy continues as of the Date of Policy in favor of an Insured, so long as the Insured: <br /> a. retains an estate or interest in the Land; <br /> b. owns an obligation secured by a purchase money Mortgage given by a purchaser from the Insured; or <br /> c. has liability for warranties given by the Insured in any transfer or conveyance of the Insured's Title. <br /> Except as provided in Condition 2, this policy terminates and ceases to have any further force or effect after <br /> the Insured conveys the Title. This policy does not continue in force or effect in favor of any person or entity <br /> that is not the Insured and acquires the Title or an obligation secured by a purchase money Mortgage given <br /> to the Insured. <br /> 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT <br /> The Insured must notify the Company promptly in writing if the Insured has Knowledge of: <br /> a. any litigation or other matter for which the Company may be liable under this policy; or <br /> b. any rejection of the Title as Unmarketable Title. <br /> If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's <br /> liability to the Insured Claimant under this policy is reduced to the extent of the prejudice. <br /> Copyright 2021 American Land Title Association.All rights reserved. somime1 <br /> , ,,,tic N. <br /> The use of this Form(or any derivative thereof)is restricted to ALTA licensees and <br /> ALTA members in good standing as of the date of use.All other uses are prohibited. <br /> Reprinted under license from the American Land Title Association. <br /> OP-61 FL ALTA 07-01-2021 Owner's Policy of Title Insurance(FLORIDA)(ALTA 7-01-2021) (WLTIC Edition 8/12/2022) <br />
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