CHARLES R AND ANNETTA M BENNETT-HOWARD E & LOUISE F BENNETT
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AMENDMENT TO OPTION CONTRACT
THIS AGREEMENT, made this J~day of July, 1983, by and
between CHARLES R. BENNETT and ANNETTA M. BENNETT, his wife,
and HOWARD E. BENNETT and LOUISE F. BENNETT, his wife, whose
mailing address is 1300 Hume Road, Lexington, Kentucky 405l6, hereinafter
referred to as "the Sellers" and the CITY OF CLEARWATER, FLORIDA, a
municipal corporation, hereinafter referred to ,as "Purchaser";
WITNESSETH
WHEREAS, the parties have entered into an Option agreement dated
March 1, 1983, providing the terms by which the p'J.rchaser is entitled to
exercIse an option to purchase certain specified real property fro,m the Sellers,
and
WHEREAS, the purchaser has exercised its option to purchase, and
WHEREAS, the parties have b.een unable to execute a closing within
the tim"~ period specified in the option contract; ani
WHEREAS, the parties m'.ltually desire to execute the contract and
effectuate the conveyance,
NOW, THEREFORE, the Sellers for and in consideration of the sum
of TEN DOLLARS ($10. 00) duly paid by the p'J.rchaser, receipt of which is
hereby acknowledged by the Sellers, and for other good and valuable considera..
tions, including but not withstanding the miltually beneficial terms of the
transaction, do hereby extend to the purchaser, its successors and assigns,
the right to execute a conveyance of that certain specified real property
pur suant to the terms of the heretofore referenced option agreement. The
c10 sing shall he on or before August 1 0, 1983, and shall take place in the
office of the City Attorney, City Hall, 112 S. Osceola Avenue, Clearwater,
Florida.
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It is m'J.tually agreed that all the terms of the option agreement
not expressly superseded by this amendment shall remain in full force
and effect.
IN WITNESS WHEREOF the parties hereto have hereunto set
their hands and seals to be affixed hereto on the date first above written.
Signed, sealed and delivered in
the pre sence of:
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Charle s n.. Bennett
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. Annetta M. Bennett
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Howard . Bennett
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Louise F. Bennett -
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Approved as to for,m &: corre
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City Attorney
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City Clerk
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AFFIDAVIT
STATE OF FLORIDA
COUNTY OF PASCO
BEFORE ME, the undersigned authority, on this day
personally appeared THOMAS EDWARD OAKLEY, who, ~pon first being
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duly sworn, says on oath and under the penalties of perjury that he
is now and has continuously been President of OAKLEY GROVES, INC.,
a Florida corporation with its principal place of business in Dade
City, Pasco County, Florida since prior to November 20, 1970; that
the said corporation, by warranty deed dated November 20, 1970,
filed November 24, 1970, and recorded in Official Record Book 2242,
page 143 of the public records of Hillsborough County, Florida,
obtained title to the real property described in the said deed;
that since November 20, 1970, no oil, gas, sulphur or other
minerals have been produced from any of the said lands or from any
other lands with which any of the said lands may have been pooled;
that since November 20, 1970 no person, corporation or other entity
has entered upon the said lands for the purpose of exploring for or
production of such oil, gas, sulpl)ur or other minerals; and that
the above statements are made upon affiant's personal knowledge.
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Dated this _ -r day of July, 1983 at Dade City, Pasco
County, Florida.
(SEAL)
Thomas Edward Oakl
Sworn to ap~subscribed before
me his /~ day of July, 1983.
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My commission expires:
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AFFIDAVIT OF STATUS OF TITLE
STATE OF FLORIDA
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COUNTY OF P~SCO
BEFORE ME, THE ,UNDERSIGNED AUTHORITY, personally
appeared THOMAS EDWARD OAKLEY, as President of Oakley Groves,
Inc., a Florida corporation, who, upon first being duly sworn,
say(s):
1. That Oakley Groves, Inc., a Florida corporation is
the owner of the following described real property in
Hillsborough County, Florida, to-wit:
(See attached Exhibit A for description)
2. That the said property is in the possession of
the record owner, subject only to any outstanding mortgages of
record.
3. That no labor has been performed nor materials
furnished for improvements upon the said property within the past
ninety days upon which there is any unpaid balance; and that
there are no claims of any kind against the said property for
which liens can be filed under the laws of the United States or
the State of Florida.
4. That there are no unpaid assessments or liens
against the property for improvements by any governmental
authority, whether or not such assessments appear of record.
5. That there are no outstanding unrecorded deeds,
contracts for sale, conveyances, mortgages or agreements for deed
affecting the title to the said property.
ciLa-J
Thomas Edward~
(SEAL) .
(SEAL)
SWORN TO AND SUBSCRIBED before me, the undersigned
authority, this
1983..
p@ e~~
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(SEAL)
My Commission expires:
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EXHIBIT "A"
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Tracts 1 through 8 and tracts 10 through 15 in the SW 1/4 of Section 18,
Township 27 South, Range 17 East of KEYSTONE PARK COLONY,' as per plat thereof
recorded in Plat Book 5, page 55 of the public_records of HillsboroughCounty,
Florida, LESS AND EXCEPT the following: From the Northwest corner of the SW 1,
of the NW 1/4 of the NW 1/4 run SOQth along the West section line 2,559.78
feet to a point on the West line of Tract 4 for a point of beginning1 thence r\
North 81037' East, 460.0 feet, thence South 82029' East, 100.25 feet, thence
North 83022' East, 132.6 feet, thence North 72033' East, 49.36 feet, thence
North 44048' East, 78~3 feet, thence North 18021' East, 115.61 feet, thence
North 32019' East, 61.0 feet, thence North 76047' East, 123~86 feet, thence
South 74002' East, 118.6 feet, thence South 44037' East, 151.44 feet, thence
South 61.15' East, 44.77 feet, thence South 78016' East, 276.33 feet, thence
North 76044' East, 44.0 feet, thence North 47053' East, 287.36 feet, thence
North 35050' West, 162.48 feet, thence North 33019' West, 98.58 feet to the
point of intersection with the North line of Tract 3, thence West along the
North line of Tracts 3 and 4 to the Northwest corner of Tract 4, thence South
the point of beginning1 and
Tracts 15 and 16 and that part of Tract 14 in the NW 1/4 of section 18, Townsh:
27 South, Range 17 East in said KEYSTONE PARK COLONY, lying East of the
following line: Commencing at the Southeast corner of the NE 1/4 of the SW 1/.
of the NW 1/4, thence run South 7018' West, 598.21 feet, thence South 13032'
East, 83.54 feet~ and
That part of Tracts 5 and 6 in the NE 1/4 of said section 18 in said KEYSTONE
PARK COLONY lying South of Tarpon Springs Road1 LESS AND EXCEPT that part of
Tract 5 lying within a transition of the centerline of construction of Tarpon
Springs Road, County Road Project 104204, from within 30.0 feet Southerly of
said centerline at Station 4+50.00 to within 55.0 feet Southerly of said
centerline at Station 6+30.00 lying within 55.0 feet Southerly of said
centerline from Station 6+30.00 to Station 7+70.00, lying within a transition ·
said centerline from 55.0 feet Southerly of said centerline at Station 7+70.00
to within 30.0 feet Southerly of said centerline at Station 9+00.001 said
centerline being described as follows: Commence at the NW corner of said Trac'
5 of KEYSTONE PARK COLONY, run thence South (assumed bearing), along the West
boundary of said Tract 5, 355.42 feet to a point of intersection with the
centerline of construction for Tarpon Springs Road, as per County Road Project
104204, said point being designated as Station 3+03.091 run thence South
75016'25" East, along said centerline 146.91 feet to the point of beginning at
Station 4+50.00, continue thence South 75016'25" East, 180.0 feet to Station
6+30.00, continue thence South 75016'25" East, 136.24 feet to the beginning of
curve concave to the Northeasterly, having a radius of 2504.488 feet, thence
southeasterly along said curve 3.76 feet, through an angle of 00005'10", to
Station 7+70.00, continue thence along said curve 130.0 feet, through an angle
of 02058'27", to the end of right-of-way acquisition at Station 9+00.001 less
existing right-of-way 1 and
Tracts 3, 4, 5 and 6 in the SE 1/4 of said Section 18 in said KEYSTONE PARK
COLONY, LESS AND EXCEPT the following: Begin at the Northeast corner of Tract
and run South 30.0 feet, thence Northwesterly to the Northwest corner of Tract
3, thence East 665.0 feet to the point of beginning1 and
The West 1/2 of the SW 1/4 of the NE 1/41 the NE 1/4 of the SW 1/4 of the NE
1/41 and beginning at the Northwest corner of the SE 1/4 of the SW 1/4 of the 1
1/4 , run thence South 89043' East, 30.0 feet along the North line of the SE 1
of the SW 1/4 of the NE 1/4, thence Southwesterly to the Southwest corner of t
said SE 1/4 of the SW 1/4 of the NE 1/4, thence North 676.12 to the point of
beginning, in Section 18, Township 27 South, Range 17 East; and
That part of Tracts 3, 4, 5 and 6 in the NE 1/4 of Section 19, Township 27
South, Range 17 East, in said KEYSTONE PARK COLONY, lying West of Patterson
Road1 and
Tracts 1 through 8 in the NW 1/4 of said Section 19 in said KEYSTONE PARK
COLONY, LESS AND EXCEPT that part thereof lying South of the following describ
line: Commence at the West-l/4 corner of said Section 19, thence run along th
West line of the NW 1/4 of said Section 19, North 01010'10" West, 1,420.5 feet
for a point of beginning1 thence run North 89012'30. East, 3,456.79 feet to th
centerline of Patterson Road, in Section 19, Township 27 South, Range 17 East.
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...2427
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C I T Y -0 F C LEA R W ATE R
Interdepartment Correspondence Sheet
TO:
Lucille Williams - City Clerk
FROM:
COPIES:
SUBJECT:
DATE:
James V. Hensley - Ass't Public Works Director for Right-of-Way
Max G. Battle
Title Insurance Policy for Hillsborough County Property
August 10, 1983
Enclosed is the subject policy issued by Attorneys'
Title Insurance Fund, Serial #521470, covering the
354 acres purchased from Oakley Groves, Inc.
Please place it in appropriate safekeeping.
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ENDORSEMENT TO TITLE POLICY
SERIAL NUMBER 211164 E
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83;"'05-153
CITY OF' CLEARWATER
No,
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ISSUED BY
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STEWART TITLE
GUARANTY COMPANY
HEREIN CALLED THE COMPANY
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Schedule B, Item #3 is hereby deleted therefrcm.
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This Endorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the \"
provisions hereof.
Nothing herein contained shall be construed as extending or changing the effective date of said policy, unless otherwise expressly stated, f .
Signed under seal for the Company, but this Endorsement is to be valid only when it bears an authorized countersignature, this the 25tl:1
day of October 19 83.
7!~ 'nt~ST~'u~~~:":.~!N~LE W~ $~
Chairman of the Board President
Sl'EWARI' TITLE OF TAMPA
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EN:~::~~~RENT E 4 6 6 9 7 0
003
SEE PLANS IN FILE