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THOMAS SR. & ELIZABETH O. FLOYD2#: 2009222261 BK: 16678 PG: 144, 08/21/2009 at 02:44 PM, RECORDING $35:50 D DOC STAMP COLLECTION $140.00 KEN BURKE, CLERK OF COURT P11 COUNTY, FL BY DEPUTY CLERK: CLKDM04 RETURN TO: Earl Barrett Engineering Department City of Clearwater t P. 0. Box 4748 Clearwater, Florida 33758-4748 ?J RE: Parcel No. 10-29-15,-71694-005-0080 INGRESS, EGRESS & UTILITIES EASEMENT FOR AND IN CONSIDERATION of the sum of Twenty Thousand and -- Lr') N011 00's --- Dollars (520,000.00) in hand paid to them, and the benefits to be derived 0 therefrom. THOMAS FLOYD, SR. and ELIZABETH 0- FLOYD. husband & wife ° ("Grantors"), do hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal corporation ("Grantee"), an easement over, under, across and upon ;n the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: ,„ The West Fifteen Feet (15.00' of Lot 9, Block E, PINE RIDGE N SUBDIVISION, according to the map or plat there as recorded in Plat Book 28, Page 98 of the Public Records of Pinellas County, Florida; ?7 as further described and depicted in EXHIBIT "A" appended hereto rV and by this reference made a part hereof. L' This easement is granted to provide for underground utilities, together with ingress and egress over and upon the above described property by Grantee, its s employees, agents and designees, for the purposes of operating, maintaining and reconstructing, when necessary, Grantee's Lift Station No. 23 located adjacent on the south to Lot 9, Block E, PINE RIDGE SUBDIVISION. .c Grantors warrant and covenant with Grantee that Grantors are the owners ! of fee simple title to the herein described easement premises, that Grantors have full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have quiet and peaceful possession: use and enjoyment of this easement. 0 ° It is expressly understood that Grantors reserve unto themselves, their heirs and assigns, all rights of ownership of the easement premises not inconsistent with the easement rights granted herein. M H All provisions of this instrument; including the benefits and burdens, run with the G land and are binding upon and inure to the heirs, assigns and successo,s of the parties hereto. .° The rights granted herein shall be perpetual and irrevocable except by the written mutual agreement of both parties. or the future relocation of Grantees Lift Station No. 23 and abandonment of the easement premises by Grantee. u c:[ C.''xDocurients and 5ettmgslkhandke1.-vea1 SettingsJempcraiv Internet Filea'\Content.QLtlook\ROAZPos3'd-LOYD INGRESS-EGRESS EAS 0509.doc RETURN T0: Earl Barrett Engineering Department City of Clearwater P. 0. Box 4748 Clearwater, Florida 33758-4748 6? Co ed Ele ro 'Ca Coun ' Date Time $1 10119.0mMAM46, RE: Parcel No. 10-29-15-71694-005-0080 INGRESS, EGRESS & UTILITIES EASEMENT U u-, N Q r. 0 Ul? `r M to L14 n7 v c.7 V] 0 V 0 ON cv T-I r, s~ Fi C3 '4 .r-, U, v 0 0 FOR AND IN CONSIDERATION of the sum of Twenty Thousand and --- NO/100's --- Dollars ($20,000.00) in hand paid to them, and the benefits to be derived therefrom, THOMAS FLOYD, SR. and ELIZABETH O. FLOYD, husband & wife ("Grantors"), do hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), an easement over, under, across and upon the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: The West Fifteen Feet 15.00 of Lot 9, Block E, PINE RIDGE SUBDIVISION, according to the map or plat there as recorded in Plat Book 28, Page 98 of the Public Records of Pinellas County, Florida; as further described and depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof. This easement is granted to provide for underground utilities, together with ingress and egress over and upon the above described property by Grantee, its employees, agents and designees, for the purposes of operating, maintaining and reconstructing, when necessary, Grantee's Lift Station No. 23 located adjacent on the south to Lot 9, Block E, PINE RIDGE SUBDIVISION. Grantors warrant and covenant with Grantee that Grantors are the owners of fee simple title to the herein described easement premises, that Grantors have full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have quiet and peaceful possession, use and enjoyment of this easement. It is expressly understood that Grantors reserve unto themselves, their heirs and assigns, all rights of ownership of the easempfit premises not inconsistent with the easement rights granted herein. All provisions of this instrument, including the benefits and burdens, run with the land and are binding upon and inure to the heirs, assigns and successors of the parties hereto. The rights granted herein shall be perpetual and irrevocable except by the written mutual agreement of both parties, or the future relocation of Grantee's Lift Station No. 23 and abandonment of the easement premises by Grantee. CADocuments and Settings\khandke\Local Settings\Temporary Internet Files\Content.0utlook\ROAZPDS3\FLOYD INGRESS-EGRESS EAS 0609.doc IN WITNESS WHEREOF the , undersigned Grantors have caused these presents to be duly exe uted this ? I of U _'2009. ESS si nat re Thomas Floyd, Sr. Print' Hess Name I ESS sig atur lizabeth O. Floyd Print Witness Name STATE OF FLORIDA ss COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared Thomas Floyd, Sr., who executed the forgoing instrument on the day and date first above written, and who acknowledged the execution thereof to be his free act and deed for ale uses and urposes herein set fo h. He [ ] is personally known to me or M did provide ^ r? I, ] as identification. G Q ??'/?VO My commission expires: Notary Public = State of Florida' Type/ Print Name MIKELL L. ST. GERMAIN AN. Notary Pubric, state of Florida My CoMmission Expires 09/24/12 (;W11nisv'ion No. DD811746 STATE OF FLORIDA ss COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared Elizabeth O. Floyd, who executed the foregoing instrument on the day and date first above written, and who acknowledged the execution thereof to be her free act and dee, for the use and purposes herein set forth. She [ ] is personally known to me or [ did provide (Ito . (,a,11..( , f r 0 0 ;1, AD as identification. T) V n_( A ..4-, My commission expires: Notary, UAM = State of Florida Type/Print Name MIKELL L ST. GERMAIN Notary Pi ,brac, State of Florida My Comrnisson Expires 09/24/12 Costtrlisjon No. DD811746 C:\Documents and Settings\khandke\Local Settings\Temporary Internet Files\Content.Outlook\ROAZPDS3\FLOYD INGRESS-EGRESS EAS 0609.doc MORTGAGEE CONSENT, JOINDER AND SUBORDINATION NATIONAL LOAN INVESTORS, L.P., a Delaware limited partnership having its principal place of business at 5619 N. Classen Blvd., Oklahoma City, OK 73116 (herein, "Mortgagee"), is the owner and holder of certain instruments of security as lastly identified and described in that Mortgage Modification instrument dated June 15. 2008s recorded in Official Records Book 16395, at Page 1623 - 1629 inclusive, in the Public Records of Pinellas County, Florida (collectively, the "Mortgage"). The Mortgage encumbers the easement premises as described in the foregoing Ingress, Egress and Utilities Easement as conveyed by Thomas Floyd, Sr., and Elizabeth O. Floyd, husband and wife (herein, "Grantor") to the City of Clearwater, Florida, a Florida municipal corporation (herein, "Grantee"), to be recorded in the Public Records of Pinellas County, Florida; and Mortgagee does hereby consent to and joins in the grant of said easement by Grantor, and does further subordinate its right, title and interest therein under the aforesaid Mortgage. Signed, sealed and delivered In he presence of: Witness signature Glenna Parsons Print Witness nam Witness sign ture Freeda Stone Print Witness name STATE OF OKLAHOMA : ss COUNTY OF OKLAHOMA : qjDela LO N N ESTORS, L. P., Warship p li t By: Print P G. He fy Title Managing General Partner The foregoing instrument was acknowledged before me this IoF4day of , 2009 by a _ I ?. L/ea--y , as _Ne of National goioet'no Loan, Investors, L.P., who exe uted said instrument on beh If o said entity, and who acknowledged the execution thereof to be his free act and deed for the uses and purposes therein expressed, and who [ vl'is personally known to me or who [ ] did provide as identification. _Aa,m? / My Commission Expires: pz/JL loary Public - State lahoma mane L• Q 4fenS?e4) KC Type/Print Name ?posoa,w,= o'FXR owlan2Je %.?'`F A?gl\G fO?aa 4m ?F oK?p, r4ly?H4N1HN\CADocuments and SettingsMandke\Local SettingsUemporary Internet Files\Content.Outlook\ROAZPDS3\FLOYD INGRESS-EGRESS EAS 0609.doc r - This is not c survey H BI NORTH LEGAL DESCRIPTION 1-he West fifteen feet '15 - of Lot 9, PINE RIDGE, according to the neap or- plat thereof as recorded in Plat Book 28, Page 98, Public Records of Pinell s County, Florida OVERLEA STREET S89-S.}'05 f_ T, N se5"33'05,E ? 5.00' 6fl.6?s' I I ? l ? I I I W ? I I j LOT 9 LOT I r? ? ? I I I W W y ?I ?I Q I? lI IZ ail ?I I I ? l3 I I I I q I I I I I I a I I a r?s'sv v3"'?... ±+ee??v'va'w 15.00' 54.66' CITY OF CLEARWATER FLORIDA I ENGINEERING 'RING DF 1'ARTMFNT ......... ._.. C. ADAMS .............. .--.- "NGRF.F ' a CO. ........_..rit,l rY„F C :._. ? cue/oe WEST 1?) 1, 0 1 9 3S•ISE L C-"" STICOR TITLE INSURANCE" Policy NO. FL6266-48-907025c-2009.7410609-78564297 Policy of Title Insurance American Land SUBJECT TO THE EXCLUSIONS FROM Title Association COVERAGE, THE EXCEPTIONS FROM Owner's Policy COVERAGE CONTAINED IN SCHEDULE B (10-17-92) AND THE CONDITIONS AND STIPULATIONS, TICOR TITLE INSURANCE (With Florida COMPANY, a California corporation, herein Modifications) 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; FL6266 907025c Somers Title Company 1290 Court Street Clearwater, FL 33756 Tel:(727) 441-1088 Fax:(727) 449-1359 414A;tT,r?i,,d Signatory 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4_ Lack of a right to access to and from the land; The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. This policy shall not be valid or binding until countersigned below by authorized signatory of the Company. TICOR TITLE INSURANCE COMPANY By 6 M°: ?? k President Attest -^? Secretary iDP3t Reorder Form No. 2264 (Reprinted 07101) (7410609) ALTA Owner's Policy (10-17-92) (With Florida Modifications) 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 (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 had been recorded in the public records at Dale of Policy. 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, (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estato or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. DEFINJTIONS 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, distributes, 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 improvements 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. (a) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under state statutes at Date of Policy 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 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 or the insured mortgage 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 conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) and estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOT-LCE_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 knowledge 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 (ii) 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 policy 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 liable for and will not pay the feee of any other counsel. The Company will not pay any fees, coat 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 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 interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the term of this policy, 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 jurisdiction 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 prosecute 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, sh6Il give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding , or effecting settlement, and (ii) in any other lawful act which I 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 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 cooperation. Ticor Title Insurance Company ALTA OWNER'S POLICY Agent's File Number: 907025C Owner's Policy Number: 7410609-78564297 Schedule A Date of Policy: August 21, 2009 at 02:44 PM Amount of Insurance: $20,000.00 1. Name of Insured: City of Clearwater, Florida, a Florida Municipal Corporation 2. The estate or interest in the land which is encumbered by the insured is: Easement 3. Title to the estate or interest in the land is vested in the Insured by: ,; Ingress, Egress & Utilities Easement from Thomas Floyd, Sr. and Elizabeth O. Floyd, husband and wife to The City of Clearwater, Florida, a Florida Municipal Corporation, conveying the property as described in Schedule A of this Commitment. 4. The land referred to in this policy is situated in the State of Florida, County of Pinellas and is described as follows: See Schedule A Continuation, for Legal Description Somers Title Company By: Authorized Agent Ronald E. Somers Ticor Title Insurance Company ALTA OWNER'S POLICY Agent's File Number: 907025C Owner's Policy Number: 7410609-78564297 Schedule A, Continuation A PERPETUAL INGRESS, EGRESS AND UTILITIES EASEMENT INTEREST ONLY The West Fifteen Feet (15.00) of Lot 9, Block E, PINE RIDGE SUBDIVISION, according to the map or plat thereof, as recorded in Plat Book 28, Page 98 of the Public Records of Pinellas County, Florida. Ticor Title Insurance Company ALTA OWNER'S POLICY Agent's File Number: 907025C Owner's Policy Number: 7410609-78564297 Schedule B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) by reason of the following.: 1. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 2. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 3. Any lien, or right to a lien, for services, labor or material theretofore hereafter furnished, imposed by law and not shown by the public records. 4. Rights of parties in actual possession of all or any part of the premises. 5. Any adverse claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands. 6. Taxes and assessments for the 2009, which are not yet due and payable. THE FOLLOWING ITEMS ARE HEREBY DELETED: 1; 3 and 4 7. Restrictions recorded in Deed Book 1365, Page 320; O.R. Book 1540, Page 567 and O.R. Book 2928, Page 397, and all amendments thereto, all of the Public Records of Pinellas County, Florida, but omitting any based on race, color, religion, sex, handicap, familial status or national origin unless only to the extent that the covenant, condition or restriction (a) is exempt under Title 42 of the United States Code, or (b) relates to handicap, but does not discriminate against handicapped persons. Easement eight (8) feet wide over and across the southerly boundary line for the use of drainage and/or utilities as shown and stated on the plat recorded in Plat Book 28, Page 98 of the Public Records of Pinellas County, Florida. 9. Subject to that certain mortgage executed by Thomas Floyd, Sr. and Elizabeth O. Floyd, husband and wife to First Florida Bank, N.A., dated 12/30/1985 and recorded 01/02/1986 in Official Record Book 6144 on page 2187 of the public records of County, to secure the original principal amount of $178,200.00, thereafter modified by Modification of Mortgage recorded in O.R. Book 7559, Page 222; O.R., being further modified in O.R. Book 11192, Page 189; O.R. Book 15454, Page 1499 and O.R. Book 16395, Page 1623, and UCC Financing Statement recorded in O.R. Book 7559, Page 230, all of the Public Records of Pinellas County, Florida. Ticor Title Insurance Company ALTA OWNER'S POLICY Agent's File Number: 907025C Owner's Policy Number: 7410609-78564297 10. Subject to that certain Notice of Intent to Lien from City of Clearwater recorded 1/29/2008 in O.R. Book 16133, Page 1844 of the Public Records of Pinellas County, Florida. 11. Subject to Delinquent Real Estate taxes for 2008. 12. Subject to payment of any pending or certified charges/special lien/assessments including, but not limited to: sanitation, utility, road paving, wastewater, imposed by the City, County and/or the State. 5. PROOF OF LOSS OR DAMAGE In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the company, a proof of loss or damage signed and sworn to by 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, other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, 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 loss or damage, the Company's obligations to the insure 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 insure claimant may reasonably be required to submit to examination under oath by an 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 Company, 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, 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 an authorized representative of the Company the insured claimant shall grant its permission, in writing, for any 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, produce other reasonably requested information or grant permission to secure reasonably 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 insure claimant which were authorized by the Company up to the time of payment and which 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 damage provided for 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. Upon the exercise by the Company of either of the options provided for in paragraphs b(i) or (ii), the Company's obligations to the insured under this policy 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 AND COINSURANCE This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of., (i) the Amount of Insurance stated I 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 from Florida policies. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT If the land described in applicable Schedule 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 settle 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 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. REDIJCTION F INSURANCE: REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company 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 endorsement of the payment unless theipolicy 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, loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, 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 entitle to all rights and remedies 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 Company, 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 subrogation. 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 no void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment 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, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION Unless prohibited by applicable law, arbitration pursuant to the Title Insurance 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 the 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(s) 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 CO ACT (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 Company. 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 writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, and 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 Ticor Title Insurance Company, Claims Department, P.O. Box 45023, Jacksonville, Florida 32232- 5023. CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA PARTIES: Thomas Floyd, Sr. and Elizabeth O. Floyd, husband and wife, (herein "Seller"), of 1471 Fairmont Street, Clearwater, Florida 33755-2753 Phone: (727) 446-2128, and the CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "Buyer" or "City") of P. O. Box 4748, Clearwater, Florida 33758-4748, ATTENTION: William B. Horne, II, City Manager, (collectively "Parties") hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property ("Personalty") (collectively "Property") upon the following terms and conditions. 1. PEWEERTY DESCRIPTION (PERPETUAL INGRESS, EGRESS AND UTILITIES EASEMEN INTEREST O B" LEGAL DESCRIPTION: The West fifteen feet (15') of Lot 9, PINE RIDGE, according to the map or plat thereof as recorded in Plat Book 28, Page 98, Public Records of Pinellas County, Florida; being further described and depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof. PERSONALTY: NONE 2, FULL PURCHASE PRICE: $ 20,000.00 3. MANNER OF PAYMENT: City of Clearwater check in U.S. funds upon Seller delivery of fully executed easement documentation as depicted in EXHIBIT "B" appended hereto and by this reference made a part hereof, at a time and place mutually agreeable between the parties .................... $ 20,000.00 0111:2 11 ?' •? The Full Purchase Price as shown herein has been reached through negotiations with the Seller by City staff. The Purchase Price approximates total cost estimate Seller obtained from AmeriSeal Paving and Sealcoating on December 18, 2006 (Proposal #121806-8-MG) to repave Seller's parking lot, a portion of which will be encumbered by the easement as described herein. 5. LIME FOR ACCEPTANCE; AQPR_ OVALS Following execution of this contract by Seller, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 60 days following delivery in duplicate original to City Manager of the City of Clearwater for acceptance and approval, counter-offer, or rejection by action of the Clearwater City Council ("Council"). If this agreement is accepted and approved by the Commission, it will be executed by duly authorized City officials and delivered to Seller within 10 days thereafter. If this contract is rejected by the Council upon initial presentation, this contract shall be null and void in all respects and Buyer shall be so informed in writing within 5 days of such action. 6. MILE Seller warrants legal capacity to and shall convey marketable title to the easement interest being conveyed, subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise title shall be free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, restrictions and other public utility easements of record; and no others, provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Property. Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described herein. 7. TITLE EVIDENCE Prior to closing the City, at City option and expense, may obtain a title insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by Seller at or before closing. Seller shall convey marketable title to the property interest being conveyed subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 5 days from receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the easement interest as it then is or withdrawing from this Contract. Seller will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. $. CLOSING P O ANA DOT Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, within 90 days of the effective date, unless extended by other provisions of this contract. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 60 days without effect upon any other term, covenant or condition contained in this contract. 9. CLOSING EXPENSES Documentary stamps on the conveying instrument, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall be paid by the City. Seller shall pay the costs of recording any corrective instruments. Recordation of the grant of easement by Buyer. im:1 :T61:T_A11RU I+_1 There shall be no proration, collection or credit given Buyer, for taxes, assessments, rent (if any) or other revenue of the Property through the day before closing. It is not anticipated that the real property interests being acquired by Buyer will result in any significant revision of the assessed valuation of the subject property by the Pinellas County Property Appraiser. Page 2 of 5 11. OCCUPANCY Seller warrants that there are no parties in or entitled to occupancy other than the Seller, or as otherwise disclosed herein 12. PROPERTY CONDITION Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and tear excepted. Seller makes no warranties other than is disclosed herein in Paragraph 18 ("SELLER WARRANTIES") and marketability of title. 13. DEFAULT If this transaction is not closed due to any default or failure on the part of the Seller, other than to make the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this agreement upon giving written notice to Seller. If this transaction is not closed due to any default or failure on the part of the Buyer, Seller may seek specific performance. 14. SELLER WARRANTIES Seller warrants that there are no facts known to Seller that would materially effect the value of the Property, or which would be detrimental to the Property, or which would effect Buyer's desire to purchase the property except as follows: (Sneci known defects- If none are known, write "NONE"1 Buyer shall have 45 days to investigate said matters as disclosed by the Seller, and shall notify Seller in writing whether Buyer will close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. am :7_1 ITQ L4 [r1_T1-VT9UF;f15 • ? In accordance with provisions of Section 404.056(8), Florida Statutes (1989), as amended, Buyer is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Page 3 of 5 16. CONTRACT NOT RECORDABLE PERSONS ROUND Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 17. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. 18. ASSIGNABILITY- PERSONS BOUND This contract is not assignable. The terms "Buyer" and "Seller" may be singular or plural. This Contract is binding upon Buyer, Seller, and, as respectively applicable, their heirs, successors and personal representatives. 19. ATTORNEY FEES; COSTS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 21. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. ??XcT•IVI:I Z RI I I. rem WATJ It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. 23. This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. Page 4 of 5 ?Es 4k" hdI:»_Tr1:7=1 =1 Lb1=I ?h0 Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. EXECUTED this day of ? ?.L?? , 2009 ?? ;? /--? '5'& Thomas Floyd, r. lizabeth O. Floyd APPROVED and accepted this day of , 2009. Countersigned: Frank V. Hibbard, Mayor Approved as to form: Laura Mahony, Assistant Cit ttorney CITY OF CLEARWATER, FLORIDA By: William B. Horne II, City Manager Attest: ?&? L ?L? Cy is E. Goudeau, City Clerk r 1- COX 1010 Page 5 of 5 cv? :Ft? D I° qz scale 30' EXHIBIT "p?.: Th is is t a survey NORTH LM-AL. DESCRIPTION Thre Wiggi fifteen feet 15 of Lot 9, PINE RIDGE, according to the map or plat thereof as recorded in Plat Book 28, Page 98, Public Records of Pinellas County, Florida OVERLEA STREET ssg'"`us E swiyw - ?? - I I I ? I I I I I I I j LOT 9 LOT 8 ? I I I I ?1 I ? I I I U') W H I 1 f hi I J x []C ?i ? I U I ? I I I I w I ' I I m ' 1 I I I i ? I i i CITY OF CIF.WWATW FLORIDA I ENGINEERING DEPART!lEI;NT EADAW INGW EGRESS FL(m ? wr+ww UTILITY EASEMENT scT I ?a WEST 15' LOT 9 1 aF t EXHIBIT "B" RETURN TO: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, Florida 33758-4748 RE: Parcel No. 10-29-15-71694-005-0080 INGRESS, EGRESS & UTILITIES EASEMENT FOR AND IN CONSIDERATION of the sum of Twenty Thousand and --- NO/100's --- Dollars ($20,000.00) in hand paid to them, and the benefits to be derived therefrom, THOMAS FLOYD, SR. and ELIZABETH O. FLOYD, husband & wife ("Grantors"), do hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), an easement over, under, across and upon the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: The West Fifteen Feet 15.00' of Lot 9, Block E, PINE RIDGE SUBDIVISION, according to the map or plat there as recorded in Plat Book 28, Page 98 of the Public Records of Pinellas County, Florida; as further described and depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof. This easement is granted to provide for underground utilities, together with ingress and egress over and upon the above described property by Grantee, its employees, agents and designees, for the purposes of operating, maintaining and reconstructing, when necessary, Grantee's Lift Station No. 23 located adjacent on the south to Lot 9, Block E, PINE RIDGE SUBDIVISION. Grantors warrant and covenant with Grantee that Grantors are the owners of fee simple title to the herein described easement premises, that Grantors have full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have quiet and peaceful possession, use and enjoyment of this easement. It is expressly understood that Grantors reserve unto themselves, their heirs and assigns, all rights of ownership of the easement premises not inconsistent with the easement rights granted herein. All provisions of this instrument, including the benefits and burdens, run with the land and are binding upon and inure to the heirs, assigns and successors of the parties hereto. The rights granted herein shall be perpetual and irrevocable except by the written mutual agreement of both parties, or the future relocation of Grantee's Lift Station No. 23 and abandonment of the easement premises by Grantee. WEasementsTLOYD INGRESS-EGRESS EAS EX-B 0609.doc IN WITNESS WHEREOF the undersigned Grantors have caused these presents to be duly executed this of , 2009. WITNESS signature Thomas Floyd, Sr. ziL u Elizabeth O. Floyd Print Witness Name WITNESS signature Print Witness Name STATE OF FLORIDA ss COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared Thomas Floyd, Sr., who executed the forgoing instrument on the day and date first above written, and who acknowledged the execution thereof to be his free act and deed for the uses and purposes herein set forth. He [ ] is personally known to me or [ ] did provide as identification. Notary Public - State of Florida Type/ Print Name STATE OF FLORIDA : ss COUNTY OF PINELLAS My commission expires: BEFORE ME, the undersigned authority, personally appeared Elizabeth O. Floyd, who executed the foregoing instrument on the day and date first above written, and who acknowledged the execution thereof to be her free act and deed for the use and purposes herein set forth. She [ ] is personally known to me or [ ] did provide as identification. Notary Public - State of Florida Type/Print Name My commission expires: WEasementsTLOYD INGRESS-EGRESS EAS EX-B 0609.doc MORTGAGEE CONSENT, JOINDER AND SUBORDINATION NATIONAL LOAN INVESTORS, L.P., a Delaware limited partnership having its principal place of business at 3030 Northwest Expressway. Suite 1300, Oklahoma City, OK 73112 (herein, "Mortgagee"), is the owner and holder of certain instruments of security as lastly identified and described in that Mortgage Modification instrument dated June 15. 2008s recorded in Official Records Book 16395, at Page 1623 - 1629 inclusive, in the Public Records of Pinellas County, Florida (collectively, the "Mortgage"). The Mortgage encumbers the easement premises as described in the foregoing Ingress, Egress and Utilities Easement as conveyed by Thomas Floyd, Sr., and Elizabeth O. Floyd, husband and wife (herein, "Grantor") to the City of Clearwater, Florida, a Florida municipal corporation (herein, "Grantee"), to be recorded in the Public Records of Pinellas County, Florida; and Mortgagee does hereby consent to and joins in the grant of said easement by Grantor, and does further subordinate its right, title and interest therein under the aforesaid Mortgage. Signed, sealed and delivered NATIONAL LOAN INVESTORS, L. P., In the presence of: a Delaware limited partnership Witness signature Print Witness name Witness signature Print Witness name STATE OF OKLAHOMA COUNTY OF OKLAHOMA : ss By: Print Name Title The foregoing instrument was acknowledged before me this day of. 2008 by , as of National Loan, Investors, L.P., who executed said instrument on behalf of said entity, and who acknowledged the execution thereof to be h_ free act and deed for the uses and purposes therein expressed, and who [ ] is personally known to me or who [ ] did provide as identification. Notary Public - State of Oklahoma Type/Print Name My Commission Expires: WEasementsTLOYD INGRESS-EGRESS EAS EX-13 0609.doc r Scale / Jo' EXHIBIT "AP? This is nvf a survey NORTH LEGAL DESCRIPTION The West_ fifteen_fee (15) of Lot 9, PINE RIDGE, according to the map or plat thereof as recorded in Plat Book 28, Page 98, Public Records of Pinellas County, Florida OVERLEA STREET I I I I ? ? I I I I I LOT 9 I LOT 8 I j I rr I ? I I I w wj I I Q hl l U-1 I I M ` I ! I I I I ? I 15.00 Sa.614' 1 1 CrrT OF CIZARWAM FIDRIUA ENGINEER= DEPARTMENT INGRla E / EGRJ;SS Ft o a LAW.W 1 wars r. UTILITY EASEMENT ra. 1 a WEST tS' LOT 9 ?1..,.,