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HomeMy WebLinkAboutIII (C) Approval and Authorization to Subordinante an Existing Easement to Allow for the Proposal Widening of State Road 438 Agenda 10-20-98 Item III C "CENTER OF GOOD LIVING-PRIDE OE WERE ORANGE ' MAYOR•COMMISSIONER S. SCOTT VANDERGRIII I Ocoee COMMISSIONERS O� CITY OF OCOEE DANNY IIONERS SCOTT ANDERSON 150 N. LAKI'SIIOKL URINE SCOT(A.GLASS y C OCOEE,FLORIDA 34761-2258 NANCY J. PARKER r. V (407)656-2322 CITY MANAGER FqN.‘• OF GOO° ELLIS SI IAPIRO MEMORANDUM DATE: October 9, 1998 TO: The Honorable Mayor and Board of City Commissioners FROM: James W. Shira, P.E, City Engineer/Utilities Director SUBJECT: Subordination of Easement (J� The City of Ocoee has an existing fifteen foot wide water main easement across several lots on the north side of Old Silver Star Road, east of Johio Shores Rd. and west of Lake St. This easement will be impacted by right-of-way acquisition which will take place in order to allow for the proposed widening of State Road 438. Attached for your review and action are two documents requested by the Florida Department of Transportation. "Ile DOT is requesting that the city agree to subordinate its easement interests to the DOT. The first document is Resolution No. 98-16 agreeing to subordinate the city's utility easement rights to the DOT. Upon approval by the City Commission of this resolution, the second document, a Subordination of City Utility Interests also needs to be approved. Under the terms of the Subordination, the city has a continued right to own and operate the utility facilities currently located within the casement area. If the DOT requires that these facilities be relocated, the cost of such relocation will be born by the DOT.If such relocation requires the acquisition of new casements,the DOT will pay the cost of acquiring the appropriate easements. These forms have been reviewed and found acceptable by the City Engineer and the City Attorney. I recommend that the City Commission authorize the Mayor and City Clerk to execute the attached Resolution No. 98-16 and the Subordination of City Utility Interests OIL wimIMMEMMEMMM FLORIDA -- = DEPARTMENT OF TRANSPORTATION TXOMAS P.G4mt Jr. LAWfO,IC0 LPS OOKMOR SECRETARY 719 S. Woodland Blvd. MS 2-546 DeLand, FL 32720-6834 w (904) 736-5045 (Fax) October 5, 1998 Mr. James W. Shira, P.E. City Engineer/Utilities Director City of Ocoee �,�� 150 No, Lakeshore Drive Ocoee, FL 34761 Re: FPN# 239289 1 WP# 5114625 County Orange State Road 438 Document 41 FAP# 8832 007 U From West of Clarke Road to Hiawassee Road Dear Mr. Shira : These documents have been revised to the changes requested by your Attorney. The changes have been reviewed and approved by the Department's Legal Council. Enclosed are subordinations on Parcel (s) 128 .4 for the above referenced project. Please execute these documents and return all copies of the subordinations and the resolution allowing execution of these documents no later than November 20, 1998. In order to comply with State Statute 695.26, please follow these instructions: 1. The name of each witness must be printed or typed immediately beneath their signatures. 2. The name of the Notary must be printed or typed immediately beneath their signature. 3. The name of the person actually signing the document must be printed or typed immediately beneath their signature and their mailing address must be printed beneath their signature. If any of your facilities now located on property in which you hold a compensable interest have to be relocated or adjusted due to highway construction, you will be reimbursed by the Department. You will be furnished a fully executed and recorded copy upon execution by the Department . If you have any questions, please do not hesitate to call . I can be reached at (904)943-5249. Sincerely, Roy(L. Brantley District UPA Coordinator RLB/sln Enclosures: Subordination & Sketch of Easement Areas cc: J. Gray, District R/W Administrator MS 1-551 0 RECYCLED PAPER 23-OCOEE.UTL.-09/98 September 28, 1998 This instrument prepared by KATTIE GIBSON under the direction of GEORGE S. LOVETT, ATTORNEY Department of Transportation 719 South Woodland Boulevard DeLand, Florida 32720 PARCEL NO. 128.4R SECTION 75250-2525 STATE ROAD 438 COUNTY: ORANGE F.P. NO. 239289 1 SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT, entered into this day of , 199_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the F.D.O.T., and CITY OF OCOEE, FLORIDA, hereinafter called City. WITNESSET H: WHEREAS, the City presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by City to the F.D.O.T. ; and WHEREAS, the F.D.O.T. is willing to pay to have the City's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, City and F.D.O.T. agree as follows: City hereby subordinates to the interest of F.D.O.T. , its successors, or assigns, any and all of its interest in the lands as follows, viz: PARCEL NO. 128 SECTION 75250-2525 THAT PART OF: "THE SOUTH 1/2 OF LOT 10 AND ALL OF LOTS 11 AND 12, BLOCK C, FLORA ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK "O", PAGE 127, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA." (SAID PROPERTY BEING THE SAME LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4118, PAGE 841, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.) DESCRIBED AS FOLLOWS: COMMENCE AT THE POINT OF INTERSECTION OF THE EASTERLY LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 22 SOUTH, RANGE 28 EAST, WITH THE CENTERLINE OF SURVEY OF S.R. 438 (SILVER STAR ROAD) AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 75250-2525, SAID POINT LYING 402.222 METERS (1319.62 FEET) SOUTH 00°03'33° WEST OF THE NORTHEAST CORNER OF SAID NORTHWEST 1/4 OF OF THE NORTHWEST 1/4; THENCE SOUTH 89°56'53" WEST ALONG SAID CENTERLINE OF SURVEY A DISTANCE OF 38.086 METERS (124.95 FEET) TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 174.860 METERS (573.69 FEET) , AND A CHORD BEARING OF SOUTH 77°46'O8" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID CENTERLINE OF SURVEY THROUGH A CENTRAL ANGLE OF 24°21'30" A DISTANCE OF 74.339 METERS (243.89 FEET) PARCEL NO. 128.4R SECTION 75250-2525 F.P. NO. 239289 1 PAGE 2 TO ITS INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE EAST LINE OF BLOCK "C", FLORA ESTATE AS RECORDED IN PLAT BOOK 0, PAGE 127, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE DEPARTING SAID CENTERLINE OF SURVEY RUN NORTH 00°03'13" EAST ALONG SAID SOUTHERLY EXTENSION A DISTANCE OF 20.254 METERS (66.45 FEET) TO THE SOUTHEAST CORNER OF LOT 12, OF SAID BLOCK "C" AS SHOWN ON SAID RIGHT OF WAY MAP FOR A POINT OF BEGINNING; THENCE CONTINUE NORTH 00°03'13" EAST ALONG THE EAST LINE OF SAID BLOCK "C" A DISTANCE OF 24.941 METERS (81.83 FEET) TO A POINT OF CUSP WITH A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 25.000 METERS (82.02 FEET) AND A CHORD BFARING OF SOUTH 44°59'09" WEST; THENCE DEPARTING SAID EAST LINE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89°51'52" A DISTANCE OF 39.211 METERS (128.64 FEET) TO A POINT OF CUSP, SAID POINT BEING ON THE SOUTH LINE OF SAID LOT 12, BLOCK "C"; THENCE NORTH 89°55'05" EAST ALONG SAID SOUTH LINE A DISTANCE OF 24.941 METERS (81.83 FEET) TO THE POINT OF BEGINNING. CONTAINING 133.4 SQUARE METERS (1436 SQUARE FEET) , MORE OR LESS, EXCLUSIVE OF EXISTING ROAD RIGHT OF WAY. THIS LEGAL DESCRIPTION PREPARED UNDER THE DIRECTION OF: R. MARK PITCHFORD, P.B.M. NO. 5062 LOCHRANE ENGINEERING, INC. 201 SOUTH BUMBY AVENUE ORLANDO, FL 32803 DATE: JUNE 10, 1998 RECORDED INSTRUMENT DATE FROM TO O.R. BOOK/PAGE Easement 6-30-88 Henry H. City of Ocoee 4028/2351 Dennis, et ux PROVIDED that the City has the following rights: 1. The City shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the F.D.O.T. 's current minimum standards for such facilities as required by the F.D.O.T. Utility Accommodation Manual in effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the F.D.O.T. Should the F.D.O.T. fail to approve any new construction or relocation of facilities by the City or require the City to alter, adjust, or relocate its facilities located within said lands, the F.D.O.T. hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. Notwithstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. PARCEL NO. 128.4R SECTION 75250-2525 F.P. NO. 239289 1 PAGE 3 3. The City shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the F.D.O.T. 's facilities. 4. The City agrees to repair any damage to F.D.O.T. facilities and, to the extent permitted by law, to indemnify the F.D.O.T. against any loss or damage resulting from the City exercising its rights outlined in Paragraphs 1 and 3 above. IN WITNESS WHEREOF, the F.D.O.T. hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT in the presence of witnesses: OF TRANSPORTATION By: Robert H. Cortelyou, P.E. District Director of Production for District Five 719 S. Woodland Blvd. DeLand, Florida 32720 Approved as to Form, Legality and Execution: By: District Counsel STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me this day of , 199 , by Robert H. Cortelyou, P.E. , District Director of Production for District Five, who is personally known to me or who has produced as identification. Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No. , if any: PARCEL NO. 128.4R SECTION 75250-2525 F.P. NO. 239289 1 PAGE 4 IN WITNESS WHEREOF, the City has caused these presents to be executed in its name by its Mayor and City Clerk acting on behalf of the City of Ocoee, the day and year aforesaid. Signed, sealed and delivered in CITY OF OCOEE, FLORIDA, the presence of: (Two witnesses required by Florida Law) By: S. SCOTT VANDERGRIFT, Its Mayor Executed on: , 19 ATTEST: JEAN GRAFTON, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON , 19 LEGALITY THIS DAY OF UNDER AGENDA ITEM NO. , 19 FOLEY b LARDNER By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared S. Scott Vandergrift and Jean Grafton, personally known to me to be the Mayor and City Clerk, respectively, of the City of Ocoee, and that they severally acknowledged executing the same freely and voluntarily under authority duly invested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of , 19 Name of Notary: Commission Number(if not legible on seal) : My Commission Expires: (if not legible on seal) : OCOEERES.UTL-09/98 September 28, 1998 This instrument prepared by EATTIE GIBSON under the direction of GEORGE S. LOVETT, ATTORNEY Department of Transportation 719 South Woodland Boulevard Deland, Florida 32720 PARCEL NO. 128.4R SECTION 75250-2525 STATE ROAD 438 COUNTY: ORANGE F.P. NO. 239289 1 RESOLUTION NO. R8" I6 ON MOTION of Commissioner y seconded by Commissioner the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 438, Section No. 75250-2525, in Orange County, Florida: and WHEREAS, it is necessary that certain easement rights now owned by the City of Ocoee, Florida, be subordinate to the rights of the State of Florida Department of Transportation: and WHEREAS, said subordination is in the best interest of the City: and WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and deliver to the State of Florida Department of Transportation a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the City Commission of the City of Ocoee, Florida, that the application of the State of Florida Department of Transportation for a subordination of utility interest, or interests, is for transportation purposes which are in the public or community interest and for public welfare; that a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation, in City of Ocoee, Florida, should be drawn and executed by the Mayor and City Clerk, on behalf of the City Commissioner. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at Tallahassee, Florida. PASSED AND ADOPTED this day of , 19 APPROVED: ATTEST: CITY OF OCOEE, FLORIDA, By: JEAN GRAFTON, City Clerk S. SCOTT VANDERGRIFT, Its Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON , 199 LEGALITY THIS DAY OF UNDER AGENDA ITEM NO. , 199 FOLEY & LARDNER By: City Attorney ,.r Poe S,_,ya24121110*IAS IC LOCKER. EASEMENT AGREEMENT 3123970onANCE co. FL. 'Ad It,,.; s/ f{J Ornnee County 01:00:20PM 11/02/88 Doc Ti',' yx i Cnmptrolter erk N Inl Tr! 5 7� Deputy k cm Tol RI 6 THIS AGREEMENT, made and entered into as of the N 30th day of June, 1988, by and between Hence H. Dennis O and Isabel P. Dennis husband and wife, whose address is 0833 old Silver Star Road. Orlando , Florida 32818 (the "Grantor") , and the CITY OF OCOEE, a Florida municipal corporation (the "Grantee" ) . WITNESSETH, that the Grantor, in consideration of the sum of TEN & 00/100 DOLLARS ($10.00) paid by the Grantee, and other valuable considerations, the receipt and sufficiency of which is hereby acknowledged, does hereby give and grant to the Grantee and its assigns, a non-exclusive, perpetual easement for the construction, operation, repair and maintenance of a water line and any related appurtenances, over, upon and across the south fifteen (15) feet of that certain property of the Grantor, situated in the County of Orange, in the State of Florida, and more particularly described as follows: See EXHIBIT "A" attached hereto and incorporated herein by reference (the "Property"). The Grantee and its assigns shall have the right of ingress and egress over, upon and across the Property Y \ at all times for the purpose of constructing, operating, .�, k repairing and maintaining the water line and any related appurtenances. The Grantee and its assigns shall also have kX` t the right to clear and keep clear all trees, undergrowth b,„ and other obstructions that interfere with the construction, \ operation, repair or maintenance of the water line and any related appurtenances installed on the Property. Grantee hereby agrees that, to the extent permitted by law, any property of the Grantor that is damaged by the Grantee incident to the exercise of the rights granted to the Grantee pursuant to this Agreement shall be restored to its original condition by the Grantee. This Instrument prepared by LAURIhauld._LSNA, aed--Ev: LAURIE A. NLSNA, ESQ. Foley 6 Lardner, van den Berg, Gay, Burke, Wilson S Arkin Post Office Box 2193 Orlando, FL 12E02-2193 The Grantor and its assigns hereby agree not to build, construct or create, nor permit others to build, con- struct or create any building or other structures on the Property that would interfere with the construction, operation, repair or maintenance of the water line and any related appurte- nances installed on the Property. The Grantor and its assigns may utilize the Property for any purpose which does not inter- fere with the construction, operation, repair or maintenance of the water line and any related appurtenances installed on the Property. Grantor warrants and guarantees that it has fee simple title to the Property and that it has full right authority and capacity to grant this easement, that the Property is free and clear of any liens or encumbrances whatsoever, except those certain mortgages, if any, identified and made subordinate to this Agreement by EXHIBIT "B" attached hereto and incorporated herein by reference, and that it will defend the same against the claims of all parties. This Agreement shall be binding upon and inure to the benefit of the parties specified herein, their legal representatives, successors and assigns, and the benefits and burdens thereof shall run with the Property. This Agreement may be modified or amended only upon the mutual written consent of Grantee and Grantor or their respective successors and assigns. IN WITNESS WHEREOF, the Grantor and the Grantee have caused these presents to be signed by their duly authorized representatives as of the day and year first above written. Signed, sealed and delivered GRANTOR: in the presence of: L) -enr nnis 4/ L tr SEA q - sabel P. ens l✓ L Z on402BPG2352 GRANTEE: CITY OF OCOEE, FLORIDA dal. If1 By: :if-- Thomas R. Ison, Mayor Attest: Re -Eetron7 y Clerk Je Grafton (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS "(."v,,,'' TO FORM AN EG ITY/ THIS� 9" l� DAY OF // , 1988: FOLEY & LARDNER, VAN DEN BERG, 1 GAY, BURKE, WILSON & ARKIN - V/ City Atter ey By: ilGCJ jr.,--- °0 • STATE OF FLORIDA ' COUNTY OF Ok4/.I6r I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared }{FNRy {� DENNI( , to me known to be the person described in and ho executed the foregoing instrument and he acknowledged before me that he executed the same in the presence of two subscribing witnesses freely and voluntarily. WITNESS my hand and official seal in the County and State last aforesaid this ?J day of OWE 1988: PO.TARTAL SEAL) Notary Public ) 1 1 Il o 4, My commission expires: R „ . !ti NOTARY PUBLIC STATE OF FLORIDA NY OMISSION SSP JUNE 15.1990 STATE-OF FLORIDA BD9DIn mxu c[x[Ru Ixs. uRD. COUNTY OF _ OQA1I166- I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County afore,kai4 L-to take acknowledgments, personally appeared ISk&G VV NN I$ , to me known to be the person described in and who executed the foregoing instrument and the acknowledged before me that Ehe executed the same in the presence of two subscribing witnesses freely and voluntarily. WITNESS my hand and official seal in the County and State last aforesaid this '2,() day of ' JL IJ , 1988.n ',(.NOTARIAL SEAL) Notary Pub i A. 47 [ 'a ' My commission expires: ROTARY PUBLIC STATE OF FLORIDA NY LORXISSION [AP JURL 15.1990 MOM TNRU GENERAL INS. URO. -3 OR 1402E PG2353 STATE OF FLOR DA COUNTY OF .,./ I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared THOMAS R. ISON and JEAN GRAFTON, well known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said corporation. WITNESS my hand and official seal in the County and last aforesaid this 7W day of 67.) /1199J88. nn'+, c f 'R�+- Ah (NOTARIAL SEAL) No ary Public ui , My commission expires: qt9/94 This Instrument prepared by LAURIE A. MLSNA, ESQ. Foley S Lardner, van den Berg, Gay, Burke, Wilson 5 Arkin Post Office Box 2193 Orlando, FL 32802-2193 OR LI 0 2 8 rc 2 3 5 4 -Q- EXHIBIT "A" LEGAL DESCRIPTION FOR WATER LINE EASEMENT THE SOUTH 15' OF LOT 12, BLOCK "C", OF "FLORA ESTATES", AS RECORDED IN PLAT BOOK "0", PAGE 127, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. "DENNIS" OR 4 028PG2355 60 North Court St. FIDELITY TITLE iUUTRYSTY UD. (305)4227131 P.O.Box 3226 FAX K(305)648.1315 Orlando,FL 32802 OWNERSHIP & ENCUMBRANCE REPORT File No. 88-4236 TO: THIS REPORT IS HEREBY CERTIFIED TO AND ISSUED STRICTLY FOR THE USE BY THE CITY OF OCOEE LEGAL DESCRIPTION: SEE ATTACHED LEGAL TITLE VESTED IN: Henry H. Dennis and Isabel P. Dennis, his Wife ENCUMBRANCES: NONE OR is028PG2356 GROSS TAX: S1.134.93 ASSESSED VALUE: S86 224 00 This information Is compiled from our records for your exclusive use only and is not an abstract, nor an Opinion of Title, nor a Title Insurance Commitment, Certificate or Guarantee and the Company makes no Warranties, express or Implied, against errors or omission herein and liability of the Company is limited to the amount paid f or this information. This Search is made only on the description and names exactly as shown herein. FROM: December 19, 1978 TO AND INCLUDING: July 25. 1988 FIDELITY TI E AN GUARANTY COMPANY DATED .luly 27 1988 BY: LARRY . DEA (so) EXHIBIT "A" LEGAL DESCRIPTION FOR WATER LINE EASEMENT THE SOUTH 15. OF LOT 12, BLOCK "C", OF "FLORA ESTATES", AS RECORDED IN PLAT BOOK "0", PAGE 127, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. "DENNIS" OR 028PG2357 IIIIII Transamerica Orlando,Florida 32801 Fidelity rile end Guaranty Company 80 N.GOW Avenue Title Insurance Services (305)422.7131 TITLE INFORMATION REPORT UPDATE UPDATE NO. 1 OF REPORT NO. 88-4236 AGENTS REP. Denni s This title Information Report Update has been issued at the request of: FOLEY & LARDNER ATTN: LAURIE MLSNA and is provided,to assist in the preparation of a Transamerica Title Insurance Company Commitment or Policy,to be issued by your office. We have searched the Public Records of Orange County, Florida from July 25. 1988 at 4;00 P.N. through August 25. 1988at 4.00 P.N. and as of said date and time said search reveals: Title Vested In: Other matters of record: NOTHING NEW OF RECORD 0RL•028PG2358 z, This Update Report is subject to all matters disclosed in the above referenced Title Information Report not satisfactorily disposed of and is further subject to such additional requirements and/or exceptions as necessitated by the above matters of record. THIS TITLE INFORMATION IS PROVIDED TO THE AGENT FOR THE SOLE PURPOSE OF THE ISSUANCE OF A TRANSAMERICA TITLE INSURANCE COMPANY COMMITMENT AND/OR POLICY AND BOTH TRANSAMERICA TITLE INSURANCE COMPANY AND FIDELITY TITLE AND GUARANTY COMPANY DISCLAIM LIABILITY TO ANY PARTY IN THE EVENT THIS TITLE REPORT IS USED FOR A PURPOSE OTHER THAN STATED HEREIN. FIDELITY TITLETT,�' AND GUARANTY COMPANY DATE: August 31, 1988 By: gate, ✓,L//{',/Shawn Mintel