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STATE OF FLORIDA .... -~ I fI~::de~~en?~~~~ ~::~R TO: City Clerk FROM: City Attorney COPIES: SUBJECT: Project: Myrtle Ave. Extension - Charles Owens DATE: 4/26/60 Re: Lot 20, Block 1, I.E.Nicholsons Addition I am attaching Chelsea Title and Guaranty Company's Owner Policy No. 117476, insuring the STATE OF FLORIDA'S interest in the captioned property in the amount of $1,200.00. The City Commission established a policy of obtaining title policy for any payment for right-of-way in excess of $1,000.00. Accordingly we ordered this policy, even though the property vests in the State. It should, therefore, be among your records in connection with the Myrtle Avenue Right-of-Way. HHB,Jr. Att. ,/ ,/ 1),-0/).-61 (3 I) ----- 1 ~~~~~~~~~~ ~ National-57-0wners 2.59 ~ ~ ~ ~ ~ ~ Chelsea Title and Guaranty Company ~ ~ HOME OFFICE, ATLANTIC CITY, N. J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Plant Founded 1888 6"'~ ~ ~ ~ App.No.S9-fS21 Amount $1.200.00 Policy Nf} 117476 ~ ~ ~ ~ ~. ~ This Policy of Title Insurance Witnesseth: That Chelsea Title and Guaranty Company, a New Jersey 6"'~ ~.".{? Corporation, herein called the Company, in consideration of the premium for this Policy, ~ ~~ ~ ~~ HEREBY INSURES 6"'~ ~ ~ I STATE OF' rL.OillDA'., i~; ~ hereinafter called the Insured, the heirs, devisees, personal representatives, or, if a corporation, the corporate !'~ ~~ successor or successors, of the Insured, against direct loss or damage, not exceeding !I']<:\ ~ . ~ ONE THOUSAND TWO HUNDRED and NO/IOO - - - - - Dollars ($ 1,200.00), ~ ~ which they, or any of them, shall sustain by reason of: I ~~ 1. Any defect or defects in the title of the Insured to the estate or interest covered hereby and .::I!!J<:\ ~ identified under Schedule A hereof in the real estate described under said Schedule A; or c:A ~. ~ ~~ 2. Unmarketability of the aforesaid title; or 6"'~ ~~ 3. Liens or encumbrances charging the same, ~ ~ all as of the 22ndday of February, 1~0, which shall be deemed the effective date of this Policy, saving 6"'~ ~ ~ ~ and excepting all loss or damage by reason of defects, estates, interests, objections to title, liens or encumbrances 6"'~ ~r.e mentioned in Schedule B hereof or excepted by the Conditions and Stipulations of this Policy, hereto annexed and ~Ir.i: ~ --im:orpunrted hefelrrn-,r-part of this con'tra(;L Any loss hereunder shall be established and the amount thereof 6"'~ ~ ~ ~ ascertained and paid in the manner provided in said Conditions and Stipulations and not otherwise. 6"'~ ~ ~ ~ This Policy shall not be valid or binding until countersigned by either an Officer or Agent of the Company. 6"'~ ~ ~ ~. ~ ~n ~ituess ~4erenf, 0I4eIsea ij!itle attb ~uarattt~ 1.::1 ~~ f(j .::I!!J"l ~ \lJ..ompaun has caused its corporate name and seal to be hereunto affixed ~ ~ ~ ~ ~ by its duly authorized officers, this 12thiay of Apr iI, 1960 B'~ ~ ~ ~ <llIleIsea ij!itle aub ~uarau-h-t <llnntpettttt tT'~ ~ 4~ ~ ~ ~ ~e. ~ ~ - ~t r M ~ C(JUntersign~: ATTEST: ~ ~ GULF.. COASr.TIJ. L.E ~~y ~ ~~ By ~ ~--;c-_____~ . ~. If.. ~ ~ ~ - h' d S' 6"'~ ut orzze tgnatory .::I In case any action or proceeding, as referred to in Paragraph 1 above, is begun, or in case of the service of any paper or pleading, the object. or effect of wbich sha\l or may cause any loss for which the Company shall or may be liable under this Policy, it sha\l be the duty of the Insured at once to notify the Company in writing at its- Home Office, Atlantic City, New Jersey. Failure to notify the Company as aforesaid within ten days after the service of the first summons or other process in such action or proceeding, or after receipt of such paper pleading, shall operate as a full release and discharge of the Company from any and a\l liability willi..espect to the subject matter thereof. provided however, that failure to notify the Company as aforesaid shall not prejudice the claim of the Insured if the Insured-shall not be a party to such action or' proceeding nor be served with summons, process or notice thereinj nor have any knowledge ther~of. In any such case, and in all cases where this Policy requires or permits the Company to prosecute or defend, it shall be the duty of tne Insured to secure to it the rIght .to maintain or defend.the action or proceeding, and a\l appeals from any determination therein, and to give it a\l reasonable aid therein, and to permit it to use at its ~ption the name of the Insured. The Company will pay, in addition to the loss up to the face amount of this Policy, a\l costs imposed on the Insured in litigation earned on by it for the Insured under the requirements of this Policy; but it will in no way be liable for the fees of any counselor attorney employed by the Insured without the written consent and approval of the Company. . 4. In every case where the liability of the Company has been definitely fixed in accordance with these Conditions and Stipulations, the loss shall he payable WIthin thirty days thereafter; provided, however, that in every case the Company may demand a valuation of the insu!ed estate. to be mad~ by three arbitrato~ or !'I1y two of them; one to he chosen by the Insured and one by the Company and the two thus chosen to select an umpIre, No rIght of actIon shall accrue untIl thIrty days after such valuation shall have been served upon the Company, and the Insured shall have tendered a conveyan!=e of the insured estate to a purchaser. name? ~y the C9mpany at such valuation less the amount of any encumbrances on the insured estate not hereby insure? agamst, and the Company shall hav~ f,!lled wlthll1 that lime to find a purchaser upon such terms, And provided, also, that tbe Company shall always have the rIght to appeal from any adverse determmallon, but 1!0 appeal shall operate to delay the payment of the loss if the Insured shall give to the Company satisfactory security for the repayment to the Company of the loss m case there sha\l be ultimately a determination in favor of the title as insured. And provided further that in every ease the Company shalLhave the option of settling the claim or paying this Policy in fu\l; and the payment or tender of payment to the full amount of 'this Policy shall end a\l liability of the Company. All payments !lnder tbis Policy, or under any owner's policy, issued to the Insured's vendee or vendees covering any part of insured premises, shall reduce the amount of the msurance pro tanto, and no payment or settlement can be demanded without producing this Policy for endo~sement of the fact of such payment or settlement. If the Policy be lost, indemnity must be furnished to the satisfaction of the Company. It is expressly understood and agreed that any loss under this Policy may be applied by the Comp'!ny to the payment of any mortgage or deed of trust, the title under which is insured by the Company, or which may be held by the Company. and the amount so paId shall also be deemed a payment to the Insured nnder tbis policy. 5, .Whenever the Company sha\l ha-:e paid or settled a claim under this Policy, it sha\l be entitled to all the rights and remedies which the Insu~ed would have .h~ agall1st any otber person or property 111 respect to such claim, and the Insured shall transfer, or cause to be transferr~, to the Company such rights and pe~mlt It to use tbe name of the Insured for the recovery or defense thereof. Any net sum co\lected on such rights a1!d remedIes over. and above th~ amount of loss paid by the Company shall belong, and on demand shall be paid, to the Insnred, and the Insured warrants that such rIgbts and remedies shall vest 111 the Company unaffected by the act of the Insured. . 6. Any untrue statement made by the Insured, or agent of the Insured. with respect to any material fact; any snppression of or failure t~ disclose any materIal fact; any untrne answer by tbe Insured, or the agent of the Insured, to material inquiries before tbe issuance of tbis Policy shall void this Pohcy. 7. Notbing contained in tbis Policy shall be construed as insuring against loss or damage hy reason of fraud on the part of the Insured; or by reason of claims arising from any act, thing or trust relationsbip undisclosed of record, done, created, suffered or permitted by the Insured; or by reason of tb~ fact that the Insured was not a bona fide purchaser for value without notice, or against community property rights or the rights of dower, curtesy' or homestead, If any, of tbe sponse of the Insured; nor will the Company be liabl~.in any eventLfQ!:J.oS,<Qr damage,_arisjpg,fronU,herefusal of any.partl1 to carry outany contract JQpurchase the iIImlred"" estate by IHson vi GUJ' liI me tnatters ser-Jo.U~ I.. tbb. paragraph. . 8. Nothing contained in tbis Policy shall be construed as insuring (I) against the consequences of any law, ordinance or governmental regulation (including building and zoning ordinance) limiting or regulating the use or enjoyment of the property herein described or the character, dimensions or location of any improve- ments erected or to be erected thereon, or (2) that the building or other erections upon the property comply with State and Municipal laws, regulations and ordinances, or (3) against the consequences of the exercise 'or attempted exercise of "police power" or the power of "eminent domain" over said property, or (4) the title to any personal property, whether the same be attached to or used in connection with the property hereby insured or otherwise, or (5) the title or rights of tbe Insured in any property beyond the lines of the property described in Schedule A hereof, or in any street, road, avenue. lane or way upon which said property abuts, nor shall it be construed as covering tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, ba~l oceans or gulf, or lands beyond the line of the harbor or bulkbead lines as established or changed by the United States Government, or to filled-in lands or artificial islands or riparian rights, exce{lt such right or title as may bave been acquired by Grant from the proper Governmental Agency, subject to the limitations and provisos contained in such Grant, or (6) against loss or damage by reason of the rights, titles or occupanctes of parties in actual possession of any or all the property herein described, at the effective date of this Pohcy, or (7) against defects and encumbrances arising after the effective date of this Policy, or created, suffered, assumed or agreed to by the Insured. 9. The Company shall not be liable hereunder for tbe cost and eXl?ense incurred in the satisfaction or removal of liens upon or objections to the title, which were found upon examination of title to exist at tbe effective date of thIS Policy, but which shall have been satisfied or removed prior to the date of the actual delivery of tbis Policy, \ . 10, If the property described in Schedule A Is divisible into "'parate independent parcels, and a loas is established affecting. one or more of said parcels, tbe loss sball be computed and settled on a pro rata basis as if the face amount of this Polley was divided pro rata as to the value of each separate Independent parcel, exclusive of the improvements made subsequent to the date of this Policy, to the whole. 11. The term, "the Company," as herein used, means Chelsea Title and Guaranty Company, and tbe term "the Insured" means the person or persons in whose favor tbis Policy is issued. 12, No officer, agent or other representative of the Company shall have the {lower to waive any of the conditions or stipulations of this Policy, except the President or one of the Vice-Presidents of the Company, and such waiver, if any, shall be written upon or attacbed hereto, This Policy necessarily relates solely to the title prior to and including the .date first above written. This Policy is not transferable to a subsequent purchaser but should be retained by Insured for his protection against future loss under warranties or covenants of title. A Reissue Policy in favor of a new purchaser should be obtained. ~~_&~~~~~~~~~~___~ii~~~~~~ ~ rxi ~ ~ ~~~H ]g d~ ~ ~ ~ ~ .8~~ ~ ~ E -, ~ e~ ~ I :i i ::3 l 2 U ~ ~ ~1~ I ~ tll ~ g.-< ~ r: e- ii ~ ~~~ II ~ "t: ~ ~~ .-< ~ Jl ~., j l.lJ:~ ~ ~ ].rg" 6 Jj ~ ~g~ I le=:2 z U6 "Q I ~.~~_g!l~._~~~~~_~.~~~M~~D~. ~ AlanE,Fe'to..,ns, CJ~ ~ Vice Presi dent ~ ~ ~ ~ ~ ~ SCHEDULE A IT'~ ~ ~ ~ 1. The estate or interest of the Insured in the real estate described below covered by this Policy is IT'~ ~ ~ ~ Fee simple estate . ~ 2. The deed 0' othe, means by wbicb the e,tate 0' inwe,t cove,ed by thi, Policy" v.,ted io the Insured i, ~ ~ described as follows: mA ~ Warranty Deed from CHARLES OWENS and MAMIE OWENS, his wife to the STATE ~ ~ OF FLOR IDA, dated January 22, 1960 and f i I ed for record Februa ry I, 1960 ~ ~ atl 1:50 A.M. as Clerk's Instrument No. 670124A and recorded in o. R. mA ~ Book 815, page 608 of the publ ic records of Pinel las County, Florida, ~ ~ situate, lying and being in the County of Pinel las, State of Florida. ~ ~ 3. Description of the real estate in which the Insured has the estate or interest covered by: this Poli9'"' I ~ That part of Lot Twenty (20), Block One (I), I.E. NICHOLSONS ADDllfON, ~ -~ ~~~r~: "~a~~ ~~~ ~ fPt ~~~i,til~h~~~d s "'~~ c~ i ~~'1r:~s c~~n ~ ~~oFt)~ ~ d~ ~-at ~ ~ descr ibed as fo Ilows: ~ ~ Lying within 30 Feet of the survey I ine of SR 697, Section 15600, said ~ ~ survey I ine being described as follows: ~ ~ Begin at the SE corner of Section 9, Township 29 South, Range 15 East; ~I II? also being the SW corner of Section 10, Township 29 South, Range 15 ~~~ I? East; thence run North I deg. 40 min. 17 sec. West 2739.04 Feet to the ~ ~ Westerl y extens ion of the North boundary' of Lot 7, Block E, of Jurgens ~ ~~ Addition Revised as per plat thereof recorded in Plat Book 4, page. 17, ~ ~ of the,Publ ic Records of Pinel las County, Florid~, ~t a point 139.83 iF~ ~ Feet West of the NE corner of'said Lot.7. Less existing rights of way. ~ ~ ~ ~ CONTINUED ON BACK iF~ ~ ~ ~ ~ U"~ SCHEDULE B mA ~. ~~~~~~~~~' ~ I possession of any or all of the property. iI iF~ 2. Unrec<;>rded eas7ments, 'i f' a~y, o~, above, or bc:;low the surface; ~nd I ~ any d I screpanc I es or conf II cts I n boundary II nes or shortages I n area~ ~ of encroachments, whi ch a correct surveyor an i nspecti on of the ~ mA premises would disclose. ' , mA ~ 3. Possible unfi led mechanics' and materialmen's liens. "~ I 4. A II assessments and taxes for the year 1959 and subsequent years. I ~ ~ ~ ~ ~ ~ ~ '~ j<OVERl . ~ I ~~~~_i ~ ~ . I I ~BX~~~.~ SCHEDULE A {continued} DESCRIPTION continued CqntainingO.027 acre, more or less. ALSO: A parcel of land in Lot 20, Block I of I.E. Nicholson's Addition to the State o.f Florfda in Section 9, Township 29 South, Range 15 East as per plat thereof recorded in Plat ,oook 2, page 44 of the Public R~cords of Hi Ilsborough County, Florida, lying 'tdthin the fO,llowi,ng meets and bounds description: I . Commence on the North boundary of Lot I, Block 2 of R. H. Padgett's Subdivision in Section 9, Township 29 South, Range 15 East, as per plat thereof recorded in Plat Book I, Page 13, Public Records of Pinel las County, Florida, at a point 161.78 Feet North 88 deg. 57 min. 43 sec. East of the NE corner of Lot 6, Block I, of said R. H. Padgett's Sub- division; run thence North I deg. 40 min. 17 sec. West 20 Feet; thence South 88 deg. 57 min. 43 sec. West 30 feet to a point of beginning; continue thence South 88 deg. 57 min. 43 sec. East 40 Feet; thence North 46 deg. 01 min. 49 sec. East 16.J~ Feet; thenGe So 4th I deg. 40 min. /7 sec. East 16 Feet to the point of b~ginning. Containing 316 square feet, more or less. CONDITIONS AND STIPULATIONS OF THIS POLICY This Policy is issued by the Company and accepted by the Insured subject to the following conditions and stipulations: . 1. The C.ompany will" at it~ own cost and expense, defend the Insured in all actioDs or proce~dings fO~Dded OD a claim of title or eD~um~raDce prior In ?ate to the eff~ctlve date of this Policy and hereby insured agaiDst. AISQ, the Company shall have the nght, at Its own cost aDd expense, to mamtam any such actIOn or proceed mg. 2, The Company shall be liable hereunder iD damages ODly: (1) Where there has beeD a final determination iD a court of competent jurisdiction, uDder which the Insured may be dispossessed or evicted from any part or all"of the iosured estate. (2) Where there has beeD such determination adverse to th~ title insured upon a lien or encumbrance not excepted in this Policy, (3) Where the In,ured shall have validly aDd iD good faith cODtracted in writing to sell the m~ured estate aDd the title has been rejected because of some defect, lieD or eDcumbrance not excepted herein, and notice iD writing of such rejection shall have been given to the Company withiD teD days thereafter. For thirty days after receiving such notice the Company shall have the option of paying the loss, of which the In;mred must present proper proof, or of maintainiDg or defeDding either in its own name or at its option in the name of the Insured, some proper action or proc~dmg fo~ !he purpos,e O! determiDh.tg the validity of the objection' alleged hy the vendee and only in case a fiDal deter!"ination is made in s\lch actiOD or pr~c~edmg, sustammgf the objection to the title, shall the CompaDY he liable, (4) Where the Insured shall have transferred the msured estate by an mstrumeDt contammg covena!,ts 0 . title,' or warranties thereof, and there has been a final judgment in a court of competent jurisdiction agaiDst the Insured based OD such covenants or warranbes, or .any of, the~ because of some claim of title, lien or encumbrance against which this Policy insures. ' --- -