POLICY 0F TITLE INSURANCE
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AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - FORM A - 1970
(AMENDED 10-17-70)
to
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances)
restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the
character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting
a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation
of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exerc&e of such rights
appears in the public records at Date of Policy.
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 and not shown by the public records but
known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or
interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to
the date such insured claimant became an insured hereunder; (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. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land
described in Schedule A.
CONDITIONS AND STIPULATIONS
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1. 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 may have had
against the named insured, those who
succeed to the interest of such insured by
operation of law as distinguished from
purchase including, but not limited to,
heirs, distributees, devisees, ~urvivors,
personal representatives, next of kin, or
corporate or fiduciary successors.
(b) "insured claimant": an insured
claiming loss or damage hereunder
(c) "knowledge": actual knowl-
edge, not constructive knowledge or
notice which may be imputed to an in-
sured by reason of any public records.
(d) "land": the land described, spe-
cifically or by reference in Schedule A,
and improvements affixed thereto whirh
by law constitute real property; provided,
however, the term "'and" dnes not in-
clude any property beyond the lines of
the area specifically desuibed or referred
to in Srhedule A, nor any right, title, in-
terest, estate or easement in abuttin,:
streets, roads, avenues, alleys. lanes, ways
or waterways, but nothing herein shall
modify or limit the extent to whirh a
right of access to and from Hie land is'
insured by this policy.
(e) "mortgage": mortgage, deed pf
trust, trust deed, or other security instru-
ment.
(f) "public records": those records
whirh by law impart constructive noti((:
of matters relating to said land.
2. CONTINUATION OF INSURANCE AFTER
CONVEYANCE OF TITLE
The coverage of this policy shall con-
tinue in force as of Date of Policy in
favor of an insured so long as such in-
sured retains an estate or interest in the
land, or holds an indebtedness secured
by a purchase money mortgage given by
a purchaser from such insured, or so long
as such insured shall have liability by
reason of covenants of warranty made by
such insured in any transfer or convey-
ance of such estate or interest; provided,
however, this poliry shall not continue in
force in favor of any purchaser from such
insured of either said estate or interest or
the indebtedness secured by a purchase
money mortgage given to such insured.
3. DEFENSE AND PROSECUTION OF AC-
TIONS - NOTICE OF CLAIM TO BE GIVEN
BY AN INSURED CLAIMANT
(a) The Company, at its own cost
and without undue delay, shall provide
for the defense of an insured in all liti-
gation consisting of actions or proceed-
ings (Ommenced ,against such insured to
the extent that such litigation is founded
upon an alleged defect, lien, encumbrance,
or other matter insured against by this
policy.
(b) The insured shall notify the
Company promptly in writing (i) in case
any action or proceeding is begun as set
forth in (a) above, (ii) in case knowl-
edge 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 ,'irtue of this policy. If such
prompt notice shall not be given to the
Company, then as to such insured all
liability of the Company shall cease and
terminate in regard to thematter or mat-
ters for which such' prompf notice is re.
quired: provided, however. that failure
to notify shall in no rase prejudice the
rights of any such insured under this
policy unless the Company shall be preju-
dicecl by surh failure and then only to
the extent of such prejudice.
(c) The Company shall have the
right at its own cost to institute and with-
out undue delay prosecute 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 in-
terest as insured, and the Company may
take any apprppriate' action upder the
terms of this policy, \vhether or not it
shall be liable thereunder, and shall not
thereby concede liability or waive any
provision of this policy.
(d) Whenever the" COnlf'any shall
have brought any actiQp;.tirintett>9sed a
defense as required Qt permitted by., the
provisions of this policy, the Company
may pursue any such litigation to final
determination by a court of competent
jurisdiction and expressly reserves the
right, in its sole ,discretion, to appeal
from any adverse judgement or order.
(e) In all cases where this policy
permits or requires the Company to pros-
ecute or provide for the defense of any
action or proceeding the insured here.
under shall secure to the Company the
right to so prosecute or provide defense
in such action or proceeding, and all ap-
peals therein, and permit the Company to
use, at its option, the name of such in-
sured for such purpose. Whenever re-
quested by the Company, such insured
shall give the Company all reasonable aid
in any such action or proceeding, in effect-
ing settlement, securing evidence, obtain-
ing witnesses, or prosecuting or defend-
ing such action or proceeding, and the
Company shall reimburse such insured
for any expense so incurred.
4. NOTICE OF LOSS - LIMITATION OF
ACTION
In addition to the notices required
under paragraph 3(b) of these Conditions
and Stipulations, a statement in writin~
of any loss or damage for which it is
claimed the Company is liable under this
policy shall be'furni~~'tncthe Company
within 90 days after such loss or damage
shall have been determined and no right
of action shall accrue to an insured claim-
ant until 30 days after such statement shall
have been furnished, Failure to furnish
such statement of loss or damage shall
terminate any liability of the Company
under this policy as to such loss or
damage,
5. OPTIONS TO PAY OR OTHERWISE SETTLE
CLAIMS
The Company shall have the option
to payor otherwise settle for or in the
name of an insured claimant any claim
insured against or to terminate all liabil-
ity and obligations of the Company here.
under by paying or tendering payment
of the amount of insurance under this
policy together with any costs, attorneys'
fees and expenses incurred up to the
(Conditions .Jd Stipulations Cantinued and Concluded on Last Page af liS Policy)
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SCHEDULE A
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Policy NO.TI-36507
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Pblicypebruary 8th, 1973 Amount$ 1,340,000.00
INsvaED
CITY OF CLEARWATER
L Title to the estate or interest CO'VEI'eCi by this policy at the date hereof is vested in the insured,
Warranty Deed from Uni~~ States ~t.eel CO:qloration,a;P8:1~".re CQrporation,
to City of Cl.arwater,.muillcipal'corporatlon, dated Pebruary 7th, 1973,
filed February 8th, 1973 as Instr. No. 730174951 recorded in o. R. Book *
2. The estate 01' interest in the land ~cribed or refeaed, to in this SchedUle covered by this policy is
Fee Simple
3. The landre.ferred to in this policy is 10eabld in the County of Pine llas
State of Florida and described as follows:
PLEASE SEE ATTACHED RIDER FOR LEGAL DESCRIPTION
*3991, page 1096, Public Records of Pinellas County, Florida.
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PARCEL lA
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Starting at the Southwest corner of Section 17, Township 29 South,
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Range 15 East
run 'N 890 10' 31" E 843.47 feet;
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thence run N 420 13"31" E 1983.25 feet;
thence run N 470 46' 29" W 50.00 feet
thence run N 390-421 51" E 162.98 feet to the Point of
\
. Beginning.
Thence run along an arc of a curve to the left having a readius of.
, 1859.86 feet, a chord bearing of N 280 16' 20" E and a chord length
of 513. 26 feet.
Thence run
N 680 39' 32" W
200. 00 feel.
Thence run along a curve to the left having a radius of 1659.86 feet,
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chord bea ring N 170 08' 32" E and chord length of 24-3.07 feet.
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Thence run N 120 56' 36" E 110. 00 feet,
Thence run N 77. 00' DO" W 1005 feet plus or n1inu s
to the Mcan High Water Line of the Gulf of Mexico.
Thcnce run along said Mean High Watcr Line to a Point, said Point
'being the intersection of the Mean High Water Line and a line having
a Bearing of
N 470 46' '29" West from the Point of Beginning.
Thence run
S 470 46' 29" E
1310 feet plus or minus to -the
Point of Beginning. "
Containing 14.48 Acres more or less.
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PARCEL 1 B
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Starting at th~ Southwest corner of Section 17, Township 29 South,
Range 15 Ea 5 t. ...~:.,
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run N 890 10' 3111. E 843.47 feet,
Thence run N 420 13' 31" E 1983.25 feet
Thence run S 470 46' 29" E 50.00 feet
Thence run N 390 50' 23" E 162.96 feet to the Point of Beginning.
Thence run along a curve to the left' having a radius of 1959.86 feet,
a Chord Bearing of N 2,90 24' 02" E 549. 55 feet.
Thence run
S 680 39' 32" E
108. 00 feet plus or minus. to the
Mean "High Water Line of Clearwater Harbor.
Thence run along said High Water Line to a Point. said Point
be.ing the intersection of the Mean High Water Line and a line
having the Pearing of
S 470 46' 29" E from the Point of Peginning.
Thence run
N 470 46' 29" W
58. 00 feet plus or minus to the
Point of P eginning.
Containing 1. 02 Acres m.ore or less.
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TO 1532 PNTI (3-72)
ALTA OWNERS-191O
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SCHEDULE B
Policy No. TI-36507
This policy does not insure against loss or damage by reason of the following:
Standard Exceptions:
( a) Rights or claims of parties in possession not shown by the public records.
(b) Easements, or claims of easements, not shown by the public records.
( c) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an
accurate surveyor inspection of the premises.
( d) Any 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.
(e) Any adverse claim to; any portion of said land which has been created by artificial means or has ac-
creted to any such portion so created and riparian rights, if any.
Special Exceptions:
1. Taxes for the year 1973 and subsequent years. Any taxes or assessments
levied subsequent to the date of this pOlicy.
2. Reservations of Oil, Gas and Minerals, to Trustees of the Internal
Improvement Fund as set forth in Instr. Nos. 745183, 195642A, 9ll370A
and 253250, Pinellas County, Florida, Records to-wit: SAVING AND
RESERVING unto the said Trustees of the Internal Improvement Fund of
the State of Florida, and their successors, title to an undivided
three-fourths of all phosphate, minerals and metals, and title to an
undivided one-half of all petroleum that may be in, on or under the
above described land, with the privilege to mine and develop the same. II
5. ITEMS C AND D ABOVE IS HEREBY ELIMINATED.
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CONDITIONS AND STIPULATIONS (Continued and Concluded Frolll Reverse Side of Policy Face)
time of such payment or tender of pay-
ment, by the insured claimant and author-
ized by the Company.
6. DETERMINATION AND PAYMENT OF
LOSS
(a) The liability of the Company
under this policy shall in no case exceed
the least of:
(i) the actual loss of the insured
claimant; or
(ii) the amount of insuranre stated
in Schedule A.
(b) The Company will pay, in ad-
dition to any loss insured against by this
policy, all costs imposed upon an insured
in liti~ation carried on by the Company
for such insured, and all costs, attorneys'
fees and expenses in litigation carried on
by such insured with the written authori-
zation of the Company.
(c) When liability has been defin-
itely fixed in accordance with the con-
ditions of this policy, the loss or damage
shall be payable within 30 days there-
after.
7. LIMITATION OF LIABILITY
No claim shall arise or be maintain-
al>le under this policy (a) if the Com-
pany, afterhavin,g received notice of an
alleged defect, lien or encumbrance in-
sured against hereunder, by litigation or
otherwise, removes such defect, lien or
encumbrance or establishes the title, as
insured, within a reasonable time after
receipt of such notice; (b) in the event
of litigation 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,
as provided in paragraph 3 hereof; or (c)
for liability 'voluntarily assumed by an
insured in settlin~ any claim or suit
without prior written consent of the Com-
pany.
O. REDUCTION OF LIABILITY
All payments under this policy, ex-
cept payments made for costs, ,attorqe)'$'
fees and expenses, shall Jieduce:dIe
amount of the insurance pro tanto. No
payment shall be made without producing
this policy for endorsement of such pay-
ment unless the policy be lost or de-
stroyed, in which case proof of such loss
or destruction shall be furnished to the
satisfaction of the Company.
9. LIABILITY NONCUMULATIVE
It is expressly understood that the
amount of insurance under this policy
shall be reduced by any amount the Com-
pany may pay under any policy insuring
either (a) a mortgage shown or referred
to in Schedule B hereof which is a lien
on the estate or interest covered by this
policy, or (b) a mortgage hereafter ex-
ecuted by an insured which is a charge or
lien on the estate or interest described or
referred to i-n Schedule A, and the amount
so paid shall be deemed a payment under'
this policy. The Company shall have the
option to apply to the payment of any
such mort~a~es any amount that other-
wise would be payable hereunder to the
insured 'owner of the estate or interest'
covered by this policy and the amount so
paid shall be deemed a payment under
this policy to said insured owner.
10. APPORTIONMEI'\IT,
If the land described in Schedule ^
consists of two or more parcels which are
not used as Ii sin~le site, and a loss is
established affectin2 one or more of said
parcels but not all,' the loss shall be com-
puted 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 Policy of each separate parcel to
the whole, exclusive of any improvements
made subsequent to Date of Policy, unless
a Jiability or value has otherwise been
a.llreed upon as to each such parcel by the
Company and the insured at the time of
the issuance of this policy and shown by
an express statement herein or by an en-
dorsement attached hereto.
11. SUBROGATION UPON PAYMENT OR
SETTLEMENT
WheDever the Company shall have
selt,ll~,', ",~,::~,~8,1,' m, lInderthis.I!Pliq, all right
oti_6'Ilatiotl 'sban "stIll tbe COmpany
unaffected by any act of the insured
claimant. The Company shall be subro-
gated to and be entitled to all rights and
remedies which such insured claimant
would have had against any person or
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property in respect to such claim had this
policy not been issued, and if requested
by the Company, such insured claimant
shall transfer to the Company all rights
and remedies against any person or prop.
erty necessary in order to perfect such
right of subrogation and shall permit the
Company to use the name of such insured
claimant in any transaction or litigation
involving such rights or remedies. If the-
payment does not cover the loss of such
insured claimant, the Company shalf be
subrogated to such rights and remedi~ in
the proportion which said payment bears
to the amount of said loss. If loss should
result frQ~ /!ony act of such insured claim-
ant, such act shall not void this policy,
but the Company, in that event, shall be
required to pay only that part of any
losses insured against hereunder which
shall exceed the amount, if any, lost to the
Company by reason of the impairment of
the right of subrogation.
12. LIABILITY LIMITED TO THIS POLICY
This instrument together with all en-
dorsementsand other instruments, if any,
attached hereto by the Company is the
entire policy and contract between the
insured and the Company.
Any daim 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
any action asserting such claim" shall be
restricted to the "rovisions and, conditions
and stipulations of this policy.
No amendment of or endorsement to
this policy tan be made except by writing
endorsed hereon or attached hereto
signed by" either the President, a Vice
President, the Secretary, an Assistant Sec.
retary, or validating officer or authorized
signatory of the Company.
13. NOTICES. WHERE SENT
All notices required to be given the
Company ,and any statement in writing re-
quired robe farnisbed the Company shall
include the number of this policy and shall
be addressed to its Home Office, Claims
Department, 433 South Spring Street, Los
An~e1es, California 90013.
Pioneer National Title Insurance Company
HOME OFFICE
433 South Spring Street
Los Angeles, Callfomla 90013
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