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EasementALAN C. JENSEN Attorney at Law 935 North Third Street Post Office Box 50457 Jacksonville Beach, Florida 32240-0457 Telephone (904) 246-2500 April 12, 2000 James R. Hanson, City Manager City of Atlantic Beach 800 Seminole itoacl Atlantic Beach, FL 32233 RE: Pate transfer to City Dear Jim: Facsimile (904) 246-9960 E-Mail: AJensenLaw~aol.com With regard to the above transaction, enclosed is the original of an Agreement signed at closing by the Pates. Bob Kosoy approvcs"1 the content and wording of the Agreement prior to closing. I would appreciate you signing the Agreement and returning it to me so that I may provide a fully signed copy to the Pates. If you have any questions or problems in this regard, please do not hesitate to contact me. Thanks. Very truly yours, ALAN C. NSElY Enclosure ACJ/sky Cc: Robert S. Kosoy, Director, Public Works (w/er~c) AGREEMENT RE: Donation of Property by Pate to City of Atlantic Beach, Florida PROPERTY: Part of Lot 85, Selva Norte, Unit 2, Atlantic Beach, Duval County, Florida DA'!'E : March 6, 2000 The City of Atlantic Beach, Florida, hereby agrees that the aforesaid property being acquired by it from Jack A. Pate and Elizabeth Trenna Pate shall be used solely for the purpose of providing access to the City's adjoining lift station. The City agrees to maintain said property in good order and appearance and that no permanent structures will be erected thereon. Upon proof of violation of the foregoing agreement, the City agrees to transfer title to said property back to the Pates. CITY OF ATLANTIC BEACH James R- Hanson City nager RENNA EL ~~ ~ ~~~.~ J K A. PATE ^~ ~~ ~ ~+ T IZ ETH PATE CITY OF r~tea~rtic ~eac~ - ~~vrcida ~' 5. ~ n -~r 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE (904) 247-5800 FAX (904) 247-5805 SUNCOM 852-5800 April 13, 2000 Alan Jensen, Esquire Post Office Box 50457 Jacksonville Beach, FL 32250 Re: Pate transfer to City Dear Alan: We have enclosed the original of the agreement in the above referenced matter, which has been signed by Jim Hanson on behalf of the city. We have kept a copy for our records. If you have any questions, please do not hesitate to call. Sincerely, ~~re~in g City Clerk AGREEMENT RE: Donation of Property by Pate to City of Atlantic Beach, Florida PROPERTY: Part of Lot 85, Selva Norte, Unit 2, Atlantic Beach, Duval County, Florida DATE: March 6, 2000 The City of Atlantic Beach, Florida, hereby agrees that the aforesaid property being acquired by it from Jack A. Pate and Elizabeth Trenna Pate shall be used solely for the purpose of providing access to the City's adjoining lift station. The City agrees to maintain said property in good order and appearance and that no permanent structures will be erected thereon. Upon proof of violation of the foregoing agreement, the City agrees to transfer title to said property back to the Pates. CITY OF ATLANTIC BEACH James R- Hanson City nager TRENNA ELIZABETH PATE J K A. PATE,~~ ,~~ C~ ALAN C. JIIVSEN Attorney at Law 935 North Third Street Post Office Box 50457 Jacksonville Beach, Florida 32240-0457 Telephone (904) 246-2500 April 12, 2000 Maureen King, City Clerk City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 ,~ ~~_-i< DECEIVED ASR ~ 32000 OFFICE Cf THE CITY CI.BAK Facsimile (904) 246-9960 n RE: Atlantic Beach/Pate Part of Lot 85, Selva Norte, Unit 2 ~~ " "`" t ~' f _ -.Su /` Dear Maureen: With regazd to the above transaction, enclosed is the original Policy of Title Insurance issued by Stewart Title Guaranty Company, No. 0-2125-030619. I also enclose two (2) original surveys for the City's records. If you have any questions or require anything further, please do not hesitate to contact me. Ve truly yours, ALAN C. 7ENSEN Enclosures ACJ/sky ALTA OWNER'S POLICY - 10-17-92 WITH FLORIDA MODIFICATIONS "If you want information about coverage or need assistance to resolve complaints, please call 1-800-729-1902. If you make a claim under your policy, you must furnish written notice in accordance with Section 3 of the Conditions and Stipulations." POLICY OF TITLE INSURANCE ISSUED BY S T EWART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, 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 title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule A. ~EWART TITLE (iIIARANTY COMPANY RpANriipa ,~,~~"~''~~~ tE C~q '~. .~. 4;Q ~ PL -~WQ •~~o~*RA~'"p~t~~~. '~ 1908 ~=o, ... ~~`` T S n'` ~~°' aiiidA~d~f~'~ EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law,. ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 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 Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to 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. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. n PaogcYl of 0-2125 0 3 Q 6~ ~~ Ccri~l Nn Company CONDITIONS AND STIPULATIONS I. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, and improve- ments affixed thereto which by law constitute real property. The term 'land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) mortgage :mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under state statutes at Date of Pol- icy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a)(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy•in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or convey- ance of the estate or interest. This polity shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowle~ge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this polity unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liab a for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prose- cute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this polity, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdic- tion and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to Prose- cute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining wit- nesses, prosecuting or defending the action or proceeding, or effecting settle- ment, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall ter- minate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Condi- tionsand Stipulations have been provided the Company, a proof of loss or dam- age signed and sworn to by the insured claimant shall be furnished to the Com- panywithin 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possi- ble, the basis of calculating the amount of the loss or damage. If the Company is Prejudiced by the failure of the insured claimant to provide the required proof of oss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Com- pany, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for an authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, pro- duce other reasonably requested information or grant permission to secure rea- sonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or dam- age provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Com- pany up to the time of Payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs Sb)(i) or (ii), the Company's obligations to the insured under this pol- icy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY. This policy is a contract of indemnity against actual monetary loss or dam- age sustained or incurred by the insured claimant who has suffered loss or dam- age by reason of matters insured against by this policy and only to the extent herein described. (continued and concluded on last page of this policy) CONDITIONS AND STIPULATIONS Continued (continued and concluded,from reverse side of Policy Face) (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) (This paragraph removed in Florida policies.) (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of the Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Polity of each separate parcel to the whole, exclusive of any improvements mode subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this polity, except payments made for costs, attorneys' fees and expPenses, shall reduce the amount of the insurance pro Canto. 11. IIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Compan may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under'this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorse- ment of the payment unless the ppolicy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogotion. Whenever the Company shall have settled and paid a claim under this pol- icy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and reme- dies which the insured claimant would have had against any person or Property in respect to the claim had this policy not been issued. If requested by the Com- pany, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subro- gation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to ay only that part of any losses insured against by this policy which shall exceedpthe amount, if any, lost to the Company by reason of the impair- ment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, gua- ranties, other policies of insurance or bonds, notwithstanding any terms or condi- tions contained in those instruments which provide for subrogation rights by rea- son of this policy. 14. ARBITRATION Unless prohibited by applicable law, arbitration pursuant to the Title Insur= ante Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the insured. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator( may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Com- pany. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a venting endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252-2029. STN;WART '1`I'rLE GUARANTY ('(1MPAN1' SCHEDULE A FILE NO. POLICY NUMBER DATE OF POLICY AMOUNT OF INSURANCE 99058965 0-2125-030619 March 15, 2000 3:10:09 PM $1,000.00 1. Name of Insured: CITY OF ATLANTIC BEACH, a Florida municipal corporation 2. The estate or interest in the land which is covered by this Policy is: FEE SIMPLE 3. Title to the estate or interest in the land is vested in the Insured. 4. The land referred to in this policy is described as follows: A PART OF LOT 85, SELVA NORTE' UNIT TWO, AS RECORDED IN PLAT BOOK 40, PAGES 37 AND 37A OF THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF BEGINNING COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 85; THENCE SOUTH 89 DEGREES 08 MINUTES 46 SECONDS WEST, ALONG THE SOUTHERLY LINE OF SAID LOT 85, A DISTANCE OF 60.00 FEET; THENCE NORTH 43 DEGREES 26 MINUTES 15 SECONDS WEST, ALONG THE LINE DIVIDING LOTS 85 AND 86, A DISTANCE OF 50.19 FEET; THENCE NORTH 14 DEGREES 23 MINUTES 58 SECONDS EAST A DISTANCE OF 63.74 FEET; THENCE NORTH 65 DEGREES 47 MINUTES 08 SECONDS EAST, A DISTANCE OF 22.04 FEET; THENCE NORTH 03 DEGREES 27 MINUTES 52 SECONDS EAST, A DISTANCE OF 40.19 FEET; THENCE NORTH 44 DEGREES 42 MINUTES 20 SECONDS EAST A DISTANCE OF 2.59 FEET TO A POINT ON THE LINE DIVIDING LOTS 84 AND 85; THENCE SOUTH 64 DEGREES 07 MINUTES 12 SECONDS EAST, ALONG THE LINE DIVIDING SAID LOTS 84 AND 85, A DISTANCE OF 60.27 FEET; THENCE SOUTH 00 DEGREES 02 MINUTES 41 SECONDS EAST, ALONG THE EASTERLY LINE OF SAID LOT 85, A DISTANCE OF 122.00 FEET TO THE POINT OF BEGINNING. For Company reference Purposes Only According to insured representation or vesting instrument(s), the street address of the property is: Street Name: City/State/Zip: County: Duval Pin/Tax #: The Company does not represent or insure the above address is accurate STEWART TITLE Reg. D 0012 Rev. 11-91 "NOT VALID WITHOUT SCHEDULE B" Policy Number: O- 212 5 - 0 3 0 619 SCHEDULE B File No: 99058965 This policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Any lien, or right to alien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Community property, dower, curtesy, survivorship, or homestead rights, if any, of any spouse of the insured. 6. Any titles or rights asserted by anyone including but not limited to persons, corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United States Government or water rights, if any. 7. Taxes for the year 2 0 0 0 and thereafter and assessments, if any, not recorded in the public records. 8. Covenants and Restrictions as recorded in Official Records Volume 5903, page 895 of the current public records of Duval County, Florida. 9. Jacksonville Electric Authority Easement as recorded in Official Records Volume 5877, page 954 of the current public records of Duval County, Florida. 10. Easement for drainage, utilities and sewers along the rear 50 feet of lot as shown on plat herein referred to. 11. Jacksonville Electric Authority Easement along the rear 5 feet of lot as shown on plat herein referred to. 12. Easement for drainage, utilities and sewers along the Northeasterly lot line as shown on plat herein referred to. 13. Ingress and egress to and from caption premises is neither guaranteed nor insured. 14. Taxes for the year 1999 which are due and payable under RE #169506-1660, but will not become delinquent until April 1, 2000 and any taxes or assessments levied subsequent to the date hereof. Exceptions numbered 1, 4 , 5 and 6 are hereby deleted from the Owners Policy.