ARTHUR MILLER
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Form 1101 Florida
Made this
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TUTBLANX REGISTERED U.S. PAT. OFFICE
Tuttle La w Pnnt,Publishers,Rutland Vi':
Wherever used herein, the term "party" shall inclulle the heirs, personal representatives,
su,cc~ssor8 and / or assigns of the respective parties hereto; the use of the singu,lar nurf/.,ber
shall include the plural, and the plu,ral the singu,lar; the use of any gender shall inclnde
all genders,' and, if used, the terrn "note" shalt include all tlw fwtt?S herein described if more
than one
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September
.11. D. lfJJ7
day of
Between
ARTHUR MILLER, SR., a single man
and State of Florida
of the County of Pinellas
party of the first part~ and
CITY OF CLEARWATER,
whose mailing address is
FLORIDA, a municipal corporation,
PO Box 4748, Clearwater,
of the County of Pinellas and State of Florida
party of the second part,
WillIrJl<e8seith., that the said party of the first part) for and in consideration of
the sum of- - - - - - - T en - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - -EJollars to
him in hand paid) the receipt whereof is hereby acknowleclged) has granted) bargdin-
ed) sold an~ transferred) and by these presents doesg'rant) barsfain) sell and transfer
unto the ~a~d part.y of the se9ond, part, his hrirs and nssiJjJls lorencI'. all that certain
parcel of lo/nd ly~ng and be~ng ~n the County of Pinellas and
State of Florida) more particularly described as follows: )
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Begin at Southeast corner of Lot 8 of original Lot 2 of
R. H. Padgett Subdivision, Section 15, Township 29 South,
Ran~e 15 East, as recorded in Plat Book 5, page 27 of the
qPublic Records of Hillsborough County, Florida, of which
Pinellas County was formerly a part, and revised plat as
recorded in Plat Book 4, page 32 of the Public Records of
Pinellas County, Florida, for point of beginning; go thence
West along South lot line 45.5 feet to Westerly lot line of
said lot, also being Easterly right of way line of Washington
Street; thence Northerly along said right of way line 45.5
feet to a point; thence Southeasterly 65 feet to the point of
beginning; containing 1035 square feet, more or less.
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. Together !>>ith a.ll tJ~e tenements, hereditaments al},d appurtenances, ~th
every pnvite~e, n~ht, t~tle, ~nterest and estate, dower and n~ht of dower, reverswn,
remainder and easement thereto belon~in~ or in anywise appertainin~:
To Have and! to Hold the same in fee simple forever.
And the said party of the first part does covenant with the said party of the second
part that he is lawfully seized of the said prernises J that they are free from dllincum-
brances and that he has good right and lawful authority to sell the same; and the
said party of the first part does hereby fully warrant the title to said land, and will
defend the same against the lawfl~l claims of all persons whomsoever.
In Witness Whereof~ the said party of the first part has hereunto set his
hand and seal the day and year above written.
Signed, Sealed and Delivered in Our Presence:
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Arthur Miller, Sr.
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State of Florida,
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C.R 2584 PAGE202
County of Pinellas
T~:d
I HEREBY CERTIFY, That on this 1.1.----
.11. D. 1967 , before me personally appeared
day of September
Arthur Miller, Sr.
to me well known and known to me to be the person described in and who
executed the foretoint conveyance to
City of Clearwater, Florida, a municipal corporation, k l d'" d
ana he ac nowe ge
the execution thereof to be his free act and deed for the uses and purposes
therein mentioned.
WITNESS my sitnature and official seal at Clearwater",,,,
in the County of Pinellas and State of Florida, the dtW"-a:n:d:. '
year last aforesaid.
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My Commi88iort~c!k3;fpXr,i,~;.;, "w,.ilc;lr(%'1re Co.
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AGREEMENT
THIS AGREEMENT, made and entered into this :z 6.!!!day of
.t1 vG I/S r , 1967, between ARTHUR MILLER, SR., hereinafter
,
referred to as "Owner", and the CITY OF CLEARWATER, FLORIDA,
a municipal corporation, hereinafter referred to as "Purchaser";
WITNESSETH:
WHEREAS, the City of Clearwater requires property hereinafter
described for right of way for Washington Street in the City of Clearwater;
NOW, THEREFORE, in consideration of the premises and other good
and valuable considerations, it is agreed as follows:
1. The Owner agrees to sell and convey by good and sufficient
warranty deed, free of liens and encumbrances, except as herein otherwise
indicated, unto the City of Clearwater, Florida, a municipal corporation,
the following des cribed land in Pinellas County, Florida, to wit:
Begin at Southeast corner of Lot 8 of original Lot 2 of
R. H. Padgett Subdivision, Section 15, Township 29 South,
Range 15 East, as recorded in Plat Book 5, page 27 of the
Public Records of Hillsborough County, Florida, of which
Pinellas County was formerly a part, for point of beginning;
go thence West along South lot line 45. 5 feet to Westerly lot
line of said lot, also being Easterly right of way line of
Washington Street; thence Northerly along said right of way
line 45.5 feet to a point; thence Southeasterly 65 feet to the
point of beginning; containing 1035 square feet, more or less.
at and for the sum of Five Hundred Dollars ($500.00).
2. Purchaser further agrees that when paving and curbs are installed
in Washington Street as an assessment project, that the real property consisting
of Lot 8 of original Lot 2 of R. H. Padgett Subdivision, Section IS, Township
29 South, Range 15 East, as recorded in Plat Book 5, page 27 of the Public
Records of Hillsborough County, Florida, of which Pinellas County was formerly
a part, shall not be assessed.
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3. Closing shall be on or before thirty (30) days from the date
hereof or as extended from time to time by mutual agreement.
4. All taxes for 1967 taxable year to be paid by the Owner.
The Purchaser will place the necessary documentary stamps upon the
Warranty Deed.
5. This contract shall be binding on the heirs, successors and
assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed in their respective names, in duplicate, on the
date first above written.
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Arthur Miller. Sr.
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As to City
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/ "ty Manager ,
Coun e
Approved as to form and
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Attest:
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TItle & Trust Company of FlorIda-No. T-112 t
AmerIcan Land TItle AssocIation Owner's Polley -_ tandard Form A - 1962
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a Florida corporation, hereinafter called the Company, for a valuable consideration paid for this
policy of title insurance, the number and date of which are shown in Schedule A, does hereby in-
sure the parties named as Insured in Schedule A, the heirs, devisees, personal representatives of
such Insured, or, if a corporation, ;its successor.s by dissolution, merger or consolidation, against loss
or damage not exceeding the .amount set forth in Schedule A, together with costs, attorneys' fees
and expenses which the Company may become obligated to pay as provided in the Conditions and
Stipulations hereof, which the Insured shall sustain by reason of:
any defect in or lien or encumbrance on the title to the estate or interest covered hereby in
the land described or referred to ih Schedule A, existing at the date hereof, not shown or
referred to in Schedule B or excluded from coverage in Schedule B or in the Conditions
and Stipulations; or lack ofa right of access to and from the land;
all subject, however, to the Conditions and Stipulations hereto annexed, which Conditions and
Stipulations, together with Schedules A and B, are hereby made a part of this policy; all as of the
effective date of this policy.
IN WITNESS WHEREOF, Title & Trust Company of Florida has caused its corporate name and seal
to be hereunto affixed and this policy signed by two of its duly authorized officers in facsimile.
mitl~ & mrust Qtompany of3Jflnriba
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(Not valid unless countersigned)
(FacsImile)
Secretary
PD~ELLAS COUNTY TITLE CruVWANY
BY.O&biu..~_
Authorized Signature Vi ce-Pre s iden t
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SCHEDULE A
NO. FE 94038
DATE September 29, 1967
AMOUNT $ 500.00
INSURED
CITY OF CLEARWATER, FLORIDA,
a municipal corporation
1. The estate or interest in the land described or referred to in this schedule covered by this policy
is:
FEE Sn1PLE
2. Title to the estate or interest covered by this policy. at the date hereof is. vested in the Insured.
WARRANTY DEED from Arthur I'liller, Sr., a single man, -to- City of
Clearwater, Florida, a municipal corporation, whose mailing. address
is: P.O. Box 4748, Clearwater, Florida, dated September 11, 1967
and filed for record September 29, 1967, as Instrument #67 78880,
in the office of the Clerk of the Circuit Court in and for Pinellas
County, Florida.
3. The land referred to in this Policy is situated in the County ot
State of Florida, and is described as follows:
Pinellas
Begin at Southeast corner of Lot 8 of
original Lot 2 of R. H. Padgett Subdivi-
sion, Section 15, Township 29 South, Range
15 East, as recorded in Plat Book 5, page
2Tof the Public Records -of Hillsborough
COWlty, Florida, of which Pinellas County
was formerly a part, and revised plat as
recorded in Plat Book 4, page 32 of the
Public Records of Pinellas County, Florida,
for point of beginning; go thence West along
South lot line 45.5 feet to Westerly lot
line of said lot, also being Easterly right
of way line of Washington Street; thence
Northerly along said right of way line 45.5
feet to a point; thence Southeasterly 65 feet
to the point of beginning.
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SCHEDULE B
This policy does not insure against loss or damage by reason of the following:
1. Any state of facts which might be disclosed by an accurate
survey of the premises.
2. Rights of parties who may be in possession of the premises
other than the owner of the record title.
). Any unrecorded liens for labor or material furnished to the
property.
4. Taxes for the year 1967; and any taxes or assessments levied
or assessed subsequent to the date of this policy.
5. Any Lien for municipal improvements to caption land which has
not been filed for record in the office of the Clerk of the
Circuit Court of Pinellas County, Florida. (City of Clearwater)
cb 11-)0-67
CONDITIONS AND STIPULATIONS
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1. DefInition of Terms
The following terms when used in this policy mean:
(a) "land": the land described. specifically or by reference, in Schedule A and
Improvements affixed thereto which by law constitute real property;
(b) "public records": those records which impart constructive notice of matters
relating to said land;
(c) "knowledge": actual knowledge. not constructive knowledge or notice which
may be imputed to the Insured by reason oC any public records; and
(d) "date": the effective date.
2. Exclusions from the Coverage of this Policy
This policy does not insure against loss or damage by reason of the following:
(a) 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.
(b) Any law. ordinance or governmental regulation (inclUdinTI but not limited to
~~~lg~~njg:mZe~~i~f thed\~~~~e~~ ;::~~cN~: t~~ ~h~~~~V~l gt~~~~r~~s:i~~ l~hc~t~g~ugr~c;ry
~hi~r~~,e~~~du~1~~lnhi~~aa\~e~s1~~sd oOt aSr~l~ ~~na~yOfofrg~~~~~~f ~fsl€fnaJ.ation in owner-
(c) Governmental rights of police power or eminent domain unless noUce of the
exercise of such rights appears In the public records at the date hereof.
(d) TItle to any property beyond the lines of the land expressly described or
referred to In Schedule A, or title to areas within or rights or easements in any abutting
streets, roads. avenues, lanes, ways or waterways (except to the extent the right of access
to and from said land Is covered by the insuring provisions of this policy), or the right
to maintain therein vaults, tunnels, ramps or any other structure or Improvement. un-
less this policy speciflcally provides that such titles, rights or easements are insured,
(e) Defects, liens. encumbrances. adverse claims against the title as insuI'ed aI'
other matters (1) created, suffered. assumed or agreed to by the Insured: or (2'1 knov,'n
to the Insured either at the date of this policy or at the date such Insured acquired an
estate or interest insured by this policy and not shO\..'n by the public records. unless
disclosure thereof in writing by the Insured shall have been made to the Company prior
~~e~~~dd~~eb~~q;hei~l~~i~h~ ~1~t~3)h~~~~}~ing in no loss to the Insured; or (4) attaching or
purchJ-~kr ~~s~a~~ed~vrrt'ir~~tW~A~~l~g~~~ _not__J:tave been_~!Jst~ined. if t~_e. I[lsur~9- were gl_
3. Defense and Prosecution of Actions - Notice of Claim to be Given by the Insured
(a) The Company, at its own cost and without undue delay, shall provide for the
defense of the Insured in all litigation consisting of actions or \lroceedings commenced
against the Insured, which litigation Is founded uflon a defect, hen or encumbrance In-
~~~~~ ~r~~~~\~~o~~~S policy, and may pursue such Itigation to final determination In the
(b) In case any such action or proceeding shall be begun. or defense interposed,
or In case knowledge shall come to the Insured of any claim of title or interest which is
adverse to the title as insured, or whIch might cause loss or damage for which the
Company shall or may be Hable by virtue of this policy. the Insured shall notify the
Company thereof in writing, If such notice shall not be given to the Company within ten
days o! the receipt of process or pleadings or if the Insured shall not. in writing. prompt-
ly notIfy the Company of any defect, lien or encumbrance insured against which shall
come to the knowledge of the Insured. then all liability of the Company in regard to the
subject matter of such action, proceeding or matter shall cease and terminate; provided,
however, that failure to notify shall in no case preJudice the claim of any Insured unless
~~~hc~~e~~~rc:.hall be actually prejudiced by such failure and then only to the extent of
(c) The Company shall have the right at its own cost to institute and prosecute
any actIon or proceedIng or do any other act which in its opInion may be necessary or
desIrable to establish the title as insured; and the Company may take any appropriate
action under the terms of this policy whether or not it shall be Hable thereunder and
shall not thereby concede liability or waive any provision of this policy.
or pro~~~e !~r ~~e c~~~~n~~~rfe a~~s agt~~~y o~e;~~~~cfi~:,e~~~rj~s~~dC~~Yr~~c~~e P{OOSi~Cr~~
right to so prosecute or provIde defense In such action or proceeding. and all appeals
therein. and permit it to use, at Its option, the name of the Insured for such purpose.
Whenever requested by the Company the Insured shall gIve the Company all reasonable
aid In any such action or proceedIng, in effecting, settlement, securing evidence, obtain.
Ing witnesses. or prosecuting or defending such action or' proceedIng, and the Company
shall reimburse the Insured for any expense .so Incurred.
4. Notice of Loss - Llmitation of Action
In addition to the notices required under paragraph 3(b), a statement in \\Tlting of
b~~J~~1s~~l~~ftf: ~6in;~~~h ~it~~nCl~~rr:dd~~~ ~f~~P:~%h ifo~~a~~e d~~:~e t~A~lfO~~~?~ ~~~~
determined and no right of action shall accrue to the Insured under this policy until
h~iJtby dffi: Iif:~~e~u~l~d~t~\ehrrse~toli~:llu~l~~~: ~~t~~'n f~h~i~h~~, c~~~~~C:dC?h:;~~~h:'\\h?~
~It~o~:ag~ ~~~~:e~Pb~aV6"co%rri~~c~h~~1h ~~fiO~er~~~hii:a~~~r~i~oe fh~~~r~b:f~:e sst~~m~~~
shall be a conclusIve bar agaInst maIntenance by the Insured of any action under this
policy.
5. OptI.on to Pay, Settle or Compromise Claims
The Company shall have the option to payor settle or compromise for or in the name
ot the Insured any claim insured against or to pay the full amount of this policy and
such payment or tender of payment, together with all costs. attorneys' fees and ex.
penses which the Company is obligated hereunder to pay, shall terminate all liability of
the Company hereunder.
6. Payment of Loss
(a) The liability of the Company under this policy shall in no case exceed, in
all, the actual loss of the Insured and costs and attorneys' fees which the Company may
be Obligated hereunder to pay.
all cos\~) Im~~~e~0~t,~n1h:il~r~~diina~i~:~~Wo~ ~a~~i~ds~Ant~r~~ea~~~sJag~ ~~~s lh~li~~:
sured, and all costs and attorneys' fees In litigation carried on by the Insured wIth the
written authorization of the Company.
(c) No claim for damages shall arise or be maintainable under this polley (1) if
the Company, after having received notice of an alleged defect. lien or encumbrance not
excepted or excluded herein removes such defect. lien or encumbrance wIthin a reason-
able time after receipt of such notice; or (2) for liability voluntarily assumed by the
Insured in settling any claim or suit without written consent of the Company.
(d) All payments under this polley, except payments made for costs, attorneys'
fees and expenses, shall reduce the amount .of the insurance pro tanto and no payment
shall be made without producing this policy for endorsement of such payment unless the
policy be lost or d.estroyed, in which case proof of such loss or destruction shall be fur-
nished to the satisfaction of the Company.
(e) When liability has been definitely fixed in accordance wIth the conditions of
this policy the loss or damage shall be payable within thirty days thereafter.
7. Liabi11ty Noncumulative
It Is expressly understood that the amo'unt of this policy Is reduced by any amount
~~e d~~:r~~~~u~t~h~~n U~~%~~~e~o~~c)dn~~h~~~l~h~ v:~~~~tl 00: f~~o~~rt~a~~Yo::ng~'fta~~
trust hereatter executed by the Insured which is a charge or lien on the land described or
referred to In Schedule A. and the amount so paid shall be deemed a payment to the In-
sured under thIs policy,
8. Coinsurance and Apportionment
la) In the event that a partial loss occurs after the Insured makes an improve-
ment subsequent to the date of thIs polic~'. and only in that event. the Insured becomes
a coinsurer to the extent hereinafter set forth.
If the cost of the improvement exceeds twenty per centum of the amount of thIs
policy. such proportion only of any partial loss established shall be borne by the Com-
pany as one hundred twenty per centum of the amount of this poicy bears to the sum of
the .amo'llnt_Qf thIs_poll~y and th~ am.()l1nt .e~pen_Qe_d ~0I' tile JII1~rO~elpent._ ]:'he JOI'~goi~g
provisions shall not apply, to costs and attorneys' fees incurred by -the Company In--
prosecuting or providing for the defense of actions or proceedIngs in behalf of the In-
sured pursuant to the terms of this pottcy Qt' to costs imposed on the Insured In such
actions or proceedings. and shall apply only to that portion of losses which exceed In the
aggregate ten per cent of the face of the policy.
Provided, however, that the foregoing coinsurance provisions shall not a~PIY to any
~OaSt~ a;r~~~ Op~\i~~ ~~~e~,~~ ~~~u~~~~~ci~ f&h~d~~UI~~ti~da~i~~~edh~~~t~:r~~e~ho~oti~~
surance provisions shall not apply to any loss if. at the time of the occurrence of such
loss. the then value of the premises, as so improved, does not exceed one hundred twenty
per centum of the amount of this policy,
(b) If the land described or referred to in Schedule A is divisible into separate
and noncontiguous parcels, or if contiguous and such parcels are not used as one single
site, and a loss is established affecting one or more of said parcels but not all, the
loss shall be computed and settled on a pro rata basis as if the face amount of this
policy was divided pro rata as to the value on the date of thIs policy of each separate
independent parcel to the whole, exclusive of any improvements made subsequent to the
date of this policy, unless a liability or value has otherwise been agreed 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 endorsement attached hereto.
9. Subrogation upon Payment or Settlement
ro~~ronne~hral\h~eSO~Pth7 c~~a~~v~ns:N~6?et b~a~~y u~C~e~f tr~~ l~~I~ied~l~;dgnt Sh~11u~;
subrogated to and be entitled to all rights and remedies which the Insured would have
had against any person or property In respect to such claIm had thIs poliCY not been
issued. If the payment does not cover the loss of the Ipsured, the Company shall be
subrogated to such rIghts and remedies in the proportion whIch saId payntent bears to
the amount of said loss. If loss should result from any act of the Insured. 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 c.ompany by reason of the. Impairment of,' the right of subrogation. The Insured,
if requested by the. Company. shall transfer to, the Company all rights and remedies
:~~i~~ait"~e~~fto~h~r ~~~e;~~ ~~c~~arlh~nn~~:r oio t~:r~~~~~~dhi~i~~~ otr:~~:glf~~io~r
Httgatton involving such rights or remedies.
10.' Policy Entire Contract
Any action or actions or rights of, action that the Insured may .have or may brin:i
~~ai~~t ~~oevI~?~~agl t~r~s~01ig~.t ot the status of the t1tl~ Ihsured herein must be base
No provision or condition of this polIcy can be waived or changed except by writing
endorsed hereon or attached hereto signed by the PresIdent, a VIce President, the
Senetaf}'. an Assistant Secretary or other validating officer of the Company.
11. Xotices, \Vhere Sent
All notices required to be given the Company and any statement in wrIting required
to be furnished the Company shall be addressed to it at 200 E. Forsyth St., Jacksonville.
FlorIda.
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