Loading...
2321 MAYPORT RD - DOLLARTREE DOC. a • Doc#2015069483,OR BK 17111 Page 46, Number Pages:12 Recorded 03/27/2015 at 11:15 AM, Ronnie Fussell CLERK CIRCUIT COURT DUVAL This Instrument Prepared By and Return To: COUNTY RECORDING$103.50 Permit No.: Tax Folio No.: /4 939 - 04/0 NOTICE OF COMMENCEMENT State of F'L4'2.94 County of Ou. The undersigned hereby gives notice that improvement(s) will be made to certain real property, and in accordance with Chapter 713.13, Florida Statutes, the following information is provided in this Notice of Commencement. 1. Description of property: SEE ATTACHED EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. 2. General description of improvement: Construction of a freestanding .boec4 e 2EE retail store 3. Owner information: a. Name and address: 4,cc,a, /-tom . -%vz e s c. -Co PA4044.47 ahes.0 Pf4ZE, j/.4. 2.332-0 b. Interest in property: FEE SIMPLE c. Name and address of fee simple titleholder [if other than Owner]: SAME 0.)c 4. a. Contractor's name and address: 4oa<a.7 -ero Z C/1 ;....C A,c.24.44 .ON) 736 C,/ta,Y CT C."i&A/gntoo&4 7' 37¢a b. Contractor's phone number: 4z3/7S6-9Z G 7 5. .Surety a. Name and address: NONE b. Amount of bond: $ N/A 6. a. Lender's name and address: N/A) b. Lender's phone number: /Y/,4. • 7. a. Persons within the State of Florida designated by Owner upon whom notices or other documents may be served as provided by Section 713.13(1)(a)7.,Florida Statutes: NONE b. Phone numbers of designated persons: • 8. a. In addition to himself or herself, Owner designates /VA to receive a copy of the Lienor's Notice as provided in Section 713.13(1)(b),Florida Statutes. b. Phone number of person or entity designated by owner: 9. Expiration date of notice of commencement [the expiration date is 1 year from the date of • • recording unless a different date is specified] WARNING TO OWNER:ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713,PART 1,SECTION 713.13,FLORIDA STATUTES,AND CAN RESULT IN YOUR PAYING TWICE FOR • IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCMENT. OWNER: i At ce (' al� 410 NomVice President Estate and Construction Titl-. The foregoing instrument was acknowledged before me thisaday of -re-hatA, ,2014 by ,as the of a ,on behalf of the • Print N L�' lA- Notary Pu lic, tate of_ nV)e4. � Commission No.: n ' My Commission Expjt'es:U/14 rJ_'Oo/k Personally known✓ OR Produced Identification Type of Identification Produced • Verification pursuant to Section 92.525,Florida Statutes Under penalties of perjury,I declare that I have read the fo-.goin l <n' 'at the facts stated in it are true to the best of my knowledge and belief. (Sign 'e of Natural Person Signing Above) ��."" iii,,�� ``s-e ........,. J • r o - n'n'� om m7; O . = m CD C. •• ''1,,aSs,'f111t1%0% • EXHIBIT A Legal Description • • • STG Privacy{Notice 2 (Rev 01/26/09) Independent Agencies and Unaffiliated Escrow.Agents Commitment Number: WTRFL-098698 WHAT DO/DOES THE STEWART TITLE GUARANTY COMPANY & WATERSIDE TITLE AGENCY, LP DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of Stewart Title Guaranty Company & Waterside Title Agency, LP, pursuant to Title V of the Gramm-Leach-Bliley Act(GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as Stewart Title Guaranty Company & Waterside Title Agency, LP need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information Do we share? 1 Can you limit this sharing? For our everyday business purposes—to process your transactions and maintain your account.This may include running the business and managing customer accounts, Yes No such as processing transactions, mailing,and auditing services,and responding to court orders and legal investigations. For our marketing purposes—to offer our products and Yes No • services to you. For joint marketing with other financial companies No We don't share For our affiliates'everyday business purposes— information about your transactions and experiences. Yes No Affiliates are companies related by common ownership or control.They can be financial and nonfinancial companies. • For our affiliates' everyday business purposes— information about your creditworthiness. No We don't share For our affiliates to market to you Yes No For nonaffiliates to market to you. Nonaffiliates are • companies not related by common ownership or control. Yes No They can be financial and nonfinancial companies. We may disclose your personal information to our affiliates or to nonaffiliates as permitted by law. If you request a transaction with a nonaffiliate, such as a third party insurance company, we will disclose your personal information to that nonaffiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] Commitment Privacy Policy 098698 (Created 09/12/2014 04:53AM) Sharing practices How often does Stewart Title Guaranty We must notify you about our sharing practices when Company&Waterside Title Agency, LP notify you request a transaction. me about their practices? How does Stewart Title Guaranty Company& To protect your personal information from Waterside Title Agency, LP protect my unauthorized access and use, we use security personal information? measures that comply with federal and state law. These measures include computer, file, and building safeguards. How does Stewart Title Guaranty Company& We collect your personal information, for example, • Waterside Title Agency, LP collect my when you personal information? • request insurance-related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact Us If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Boulevard, Suite 710, Safety Harbor, FL 34695. Date: • Hess Retail Stores LLC CDA Holdings, LLC BY: BY: Commitment Privacy Policy 098698 (Created 09/12/2014 04:53AM) Stewart Title Guaranty Company Commitment Number: WTRFL-098698 IMPORTANT NOTICE AND DISCLOSURE 1. By law Waterside Title Agency, LP is required to advise you that the Title Insurance Commitment issued by us may contain conditions, exceptions, exclusions, limitations and requirements governing our liability and the coverage you may receive. REAL ESTATE TITLE TRANSACTIONS ARE COMPLEX. THE COMPANY DOES NOT REPRESENT YOU AND CANNOT GIVE YOU LEGAL ADVICE. YOU ARE ENTITLED TO REVIEW THE TITLE INSURANCE COMMITMENT WITH ANY ATTORNEY AT LAW OF YOUR OWN CHOOSING, AT YOUR EXPENSE, PRIOR TO THE TRANSFER OF TITLE. WE STRONGLY ADVISE THAT YOU DO SO. 2. THE ATTORNEY RETAINED BY YOU, OR BY YOUR LENDER, CLOSING OR SETTLING THIS TITLE IS NOT AN AGENT FOR AND DOES NOT ACT ON BEHALF OF WATERSIDE TITLE AGENCY, LP. THE COMPANY ASSUMES NO LIABILITY FOR ANY LOSS, COST OR EXPENSE INCURRED BY YOU BECAUSE YOUR ATTORNEY OR YOUR LENDER'S ATTORNEY HAS MADE A MISTAKE OR MISAPPLIED YOUR FUNDS. Because the attorney is not our agent, we assume no responsibility for any information, advise, or title insurance promise the attorney may give or make. Our only liability to you is under the terms of the Commitment, Policy and Closing Service Letter if you choose to obtain one. 3. If you desire to obtain protection from this company regarding the application of your funds or compliance with requirements relating to the issuance of the proposed policy, the company will, on request and the payment of the fees filed with, and approved by, the Department of Insurance, provide for a settlement service. 4. By law we are also required to advise you that we have been asked to issue a mortgagee policy to the lender in the amount shown on Schedule A of the enclosed Title Insurance Commitment. If you have not already requested it, you have the right and opportunity to obtain title insurance in your own favor for an additional premium,which we will quote on request. Waterside Title Agency, LP 1125 Ocean Avenue, Lakewood, NJ 08701 Telephone: 732-333-2719 Fax: 732-333-2720 ATLA Commitment-1966 098698 (Created 09/12/2014 04:53AM) ALTA COMMITMENT FORM COMMITMENT FOR TITLE INSURANCE Issued By STEWART TITLE GUARANTY COMPANY Commitment Number: WTRFL-098698 SCHEDULE A 1. Effective Date: August 28, 2014 12:00AM 2. Policy or Policies to be issued: Policy Amount (a) ALTA Owners Policy(ALTA 2006 Owners Policy w/Florida $325,000.00 Modifications) Proposed Insured: CDA Holdings, LLC (b) ALTA Loan Policy(ALTA 2006 Loan Policy w/Florida Modifications) TBD Proposed Insured: TBD 3. The estate or interest in the land described or referred to in this Commitment and covered herein is a Fee Simple and Easement and title to the estate or interest in said land is at the effective date vested in: Hess Retail Stores LLC, a Delaware limited liability company 4. The land referred to in the Commitment is described as follows: SEE SCHEDULE A, LEGAL DESCRIPTION ATTACHED. Waterside Title Agency, LP 1125 Ocean Avenue, Lakewood, NJ 08701 Telephone: 732-333-2719 Fax: 732-333-2720 ALTA Commitment Form-2006 Schedule A (Created 09/12/2014 04:53AM) 098698 Stewart Title Guaranty Company Commitment Number: 098698 TITLE INSURANCE COMMITMENT SCHEDULE A LEGAL DESCRIPTION All that certain lot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the City of jacksonville, County of Duval, State of Florida. Tract I: Fee Simple A portion of Government Lot 7, Section 8, Township 2 South, Range 29 East, Duval County, Florida, being more particularly described as follows: For a point of reference COMMENCE at the Northwest corner of Fairway Villas as recorded in Plat Book 39, pages 22 and 22A of the Current Public Records of said County; thence North 01°42' 10"West, along the Easterly right of way line of Mayport Road (State Road Al A, a 100.00 foot right of way)a distance of 50.00 feet to the POINT OF BEGINNING; thence continue along said Easterly right of way line North 01°42'10"West, a distance of 270.00 feet to a point situate on said Easterly right of way line; thence North 88° 17' 50" East, 300.00 feet; thence South 01°42' 10" East 270.00 feet; thence South 88° 17'50"West 300.00 feet to the Point of Beginning. Tract II: Easement TOGETHER WITH the easement rights granted to Grantor in instrument recorded at Official Records Volume 6411, page 148, current Public Records of Duval County, Florida. • Waterside Title Agency, LP 1125 Ocean Avenue, Lakewood, NJ 08701 Telephone: 732-333-2719 Fax: 732-333-2720 ALTA Commitment Form-2006 Schedule A (Created 09/12/2014 04:53AM) 098698 Stewart Title Guaranty Company Commitment Number: WTRFL-098698 TITLE INSURANCE COMMITMENT SCHEDULE B SECTION I REQUIREMENTS The following requirements must be met: 1. Payment of full consideration to or for the account of the grantor(s)or mortgagor(s). 2. Payment of the premiums, fees and charges for the policy. 3. Instrument(s)creating the estate or interest to be insured must be approved, executed and filed for record: a. Warranty Deed from Hess Retail Stores LLC to CDA Holdings, LLC b. Deed of Trust/Mortgage from CDA Holdings, LLC to Proposed Lender. 4. Satisfactory evidence should be had that improvements and/or repairs or alterations thereto are completed; that contractors, sub-contractors, labor and materialmen are all paid; and have released of record all liens or notice of intent to perfect a lien for labor or material. NOTE: COMPANY RESERVES THE RIGHT TO RAISE ADDITIONAL REQUIREMENTS OR EXCEPTIONS IF CONSTRUCTION IS ONGOING AT THE PROPERTY BEING CONTEMPLATED TO BE INSURED HEREIN. UPON RECEIPT OF TITLE COMMITMENT PLEASE ADVISE IF THERE IS CONSTRUCTION CURRENTLY ONGOING AT THE PROPERTY. 5. Owner's Affidavit satisfactory to the Company should be furnished. 6. With respect to CDA Holdings, LLC, the Company requires for its review satisfactory copy of the"Articles of Organization,"the Operating Agreement and the regulations of the limited liability company, any amendment thereof, a certificate of good standing, and satisfactory evidence of authority of the officers, managers, or members to execute the documents. 7. With respect to Hess Retail Stores LLC, the Company requires for its review satisfactory copy of the "Articles of Organization,"the Operating Agreement and the regulations of the limited liability company, any amendment thereof, a certificate of good standing, and satisfactory evidence of authority of the officers, managers, or members to execute the documents. 8. Proof of payment of any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid charges for service by any water, sewer or gas system supplying the insured land. 9. Payment of all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable. Waterside Title Agency, LP 1125 Ocean Avenue, Lakewood, NJ 08701 Telephone: 732-333-2719 Fax: 732-333-2720 ALTA Commitment Form-2006 Schedule B Section I (Created 09/12/2014 04:53AM) 098698 SCHEDULE B - SECTION I (Continued) Tax Information for Parcel No. 169398-0410: Taxes for the year 2013 are paid on November 27, 2013 in the amount of$11,519.55. 10. Pay all Water and Sewer bills that are due and payable, also provide company with final reading of Water and Sewer bills. If there is no final Water and Sewer reading, either escrow will be taken at closing or company will take exception to same. 11. Proof of payment of all pending or certified charges or special assessments by the appropriate authority, including but not limited to Sanitation, Utility, Road, Paving and Wastewater Assessments. 12. A survey, satisfactory to the company, must be furnished. If said survey should disclose building setback lines, easements, encroachments, overlaps, boundary disputes, or other adverse matters, they will appear as exceptions in Schedule B of the Owner's Policy and Schedule B, Part 1 of the Loan Policy to be issued. 13. NO MORTGAGES WERE FOUND OF RECORD. SUBMIT SATISFACTORY EVIDENCE TO THE COMPANY THAT THERE ARE NO UNRECORDED MORTGAGES AFFECTING THE PREMISES INSURED HEREIN. 14. Subject to further search of chain of title. Company reserves the right to raise further requirements/ exceptions after review of said search. 15. Subject to further search of easement tract. Company reserves the right to raise further requirements and/or exceptions after review of said search. NOTE: IN ORDER TO INSURE ADDITIONAL EASEMENTS AS APPURTENANT TITLE COMPANY MUST CONDUCT ADDITIONAL SEARCH WORK AND SURVEYOR MAY HAVE TO PLOT THE APPURTENANT PARCEL. THIS TAKES TIME AND INCURS ADDITIONAL COST. TITLE COMPANY SHOULD BE ADVISED EARLY ON TO AVOID DELAYS IN CLOSING. NOTE FOR INFORMATIONAL PURPOSES ONLY: The last recorded transfer of the property described herein is as follows: Hess Retail Stores LLC, a Delaware limited liability company by Special Warranty Deed from Hess Corporation, a Delaware corporation, f/k/a Amerada Hess Corporation, successor by merger to Hess Realty Corporation dated April 24, 2014 and recorded July 11, 2014 in the Duval County Records in OR Book 16841 Page 1445. Title was previously vested in Hess Realty Corporation, a Delaware corporation by Special Warranty Deed from The Development Group, Inc. dated January 4, 1989 and recorded January 17, 1989 in the Duval County Records in Volume 6641 Page 1920. Waterside Title Agency, LP 1125 Ocean Avenue, Lakewood, NJ 08701 Telephone: 732-333-2719 Fax: 732-333-2720 ALTA Commitment Form-2006 Schedule B Section I (Created 09/12/2014 04:53AM) 098698 Stewart Title Guaranty Company Commitment Number: WTRFL-098698 TITLE INSURANCE COMMITMENT SCHEDULE B SECTION II EXCEPTIONS Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. 1. Defects, liens, encumbrances, adverse claims or 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. (Will not appear in final title insurance policy to be issued hereunder.) 2. Rights or claims of parties other than Insured in actual possession of any or all of the property. 3. Any lien, mechanic's lien or materialman's 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: In order for this exception to be intentionally deleted from the final policy company must be in recipe of either a satisfactory title affidavit certifying that no labor, material or services have been provided within 180 days prior to closing or receipt of satisfactory escrow/indemnification agreement to be held by the title company pending completion of the improvements disclosed in the title affidavit. 4. Public or private easements, or claims of easements, not shown by the public record. 5. Rights of tenants as tenants only under unrecorded leases. 6. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 7. No insurance is afforded as to the exact amount of acreage contained in the property described herein. 8. Taxes or special assessments which are not shown as existing liens by the Public Records. 9. Taxes which are due and payable subsequent to the date of policy. 10. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid charges for service by any water, sewer or gas system supplying the insured land. 11. Any claim that any portion of the insured land is sovereign lands of the State of Florida, including submerged, filled or artificially exposed lands accreted to such land. 12. Covenants, conditions and restrictions and other instruments recorded in the public records and purporting to impose a transfer fee or conveyance fee payable upon the conveyance of a interest in real property or payable for the right to make or accept such a transfer, and any and all fees, liens or charges, whether recorded or unrecorded, if any, currently due payable or that will become due or payable, and any Waterside Title Agency, LP 1125 Ocean Avenue, Lakewood, NJ 08701 Telephone: 732-333-2719 Fax: 732-333-2720 ALTA Commitment Form-2006 Schedule B Section II (Created 09/12/2014 04:53AM) 098698 SCHEDULE B -SECTION II (Continued) other rights deriving therefrom, that are assessed pursuant thereto. 13. Subject to any trust, right, interest or claim that may exist, arise, or be asserted against the Title under or pursuant to the Perishable Agricultural Commodities Act of 1930, as amended, 7 U.S.C. §499a, et seq., and/or the Packers and Stockyard Act of 1921, as amended, 7 U.S.C. §181, et seq. or any similar state or federal law. 14. Grant of Easement to Affiliated American Inns, Ltd. dated July 31, 1985 and recorded on August 9, 1985 in Official Records Volume 5998, page 714, of the Public Records of Duval County, Florida. 15. Right of Way Easement to the City of Atlantic Beach recorded on January 11, 1984 at Official Records Volume 5810, page 2256, of the Public Records of Duval County, Florida. 16. Easement to The Krystal Company dated December 23, 1987 and recorded on December 28, 1987 at Official Records Volume 6445, page 463, of the Public Records of Duval County, Florida. 17. Declaration of Drainage Easement recorded on October 20, 1987 at Official Records Volume 6414, page 228, of the Public Records of Duval County, Florida. 18. Drainage Easement granted to the State of Florida recorded on July 10, 1982 at Official Records Volume 5542, page 2005, of the Public Records of Duval County, Florida. 19. Drainage Easement granted to the Development Group, Inc. dated October 6, 1987 and recorded on October 13, 1987 at Official Records Volume 6411, Page 148, of the Public Records of Duval County, Florida. NOTE: In the event that the Commitment Jacket is not attached hereto, all of the terms, conditions and provisions contained in said Jacket are incorporated herein. The Commitment Jacket is available for inspection at any Company office. NOTE: All recording references in this commitment/policy shall refer to the Public Records of Duval County, Florida, unless otherwise noted. NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting the Regional Office, 201 South Orange Avenue, Suite 1350, Orlando, FL 32801 Telephone 407-481-8181. NOTE: If policy is to be issued in support of a mortgage loan, attention is directed to the fact that the company can assume no liability under its policy, the closing instructions, or Insured Closing Service for compliance with the requirements of any consumer credit protection or truth in lending law in connection with said mortgage loan. Waterside Title Agency, LP 1125 Ocean Avenue, Lakewood, NJ 08701 Telephone: 732-333-2719 Fax: 732-333-2720 ALTA Commitment Form-2006 Schedule B Section II (Created 09/12/2014 04:53AM) 098698