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GEORGE HUNT "-. -"~ : TO: FROM: COPIES: I~ C 1'(' 0 F C lEA R W ATE R I nterdeputmenf' Correspondence Sheet Lucille Williams, City Cle,rk Thomas A. Bustin, City Attorney SUBJECT: Exchange of Property - Library Branch Site DATE: December 3, 1981 The subject exchange of Property with Hunt was completed this date. Enclosed herewith are the following: , Copy of Deed of Conveyance from the City to George A. Hunt, Jr. Affidavit of No Liens executed by George A. Hunt, Jr. Title Commitment from Lawyers' Title Guaranty Fund No. C-368146 . Attorney Ray Peacock is recording all of the papers and the deed to the City will be returned for your file as soon as completed. TAB:br Encs. Thomas A. Bustin City Attorney RECEIVEIJ; Dfe ~ 19M' an- D ):'Dc: -.;I // '"' 2348 SUNSET POINT ROAD SUITE E " 7-....." ~ ICdl~ ~ r LAW OFFICE RAY PEACOCK CLEARWATER, FLORIDA 33515 RA Y PEACOCK (813) 796-7774 December 10, 1981 Thomas A. Bustin, City Attorney City of Clearwater P. O. Box 4748 Clearwater, FL 33518 Dear Mr. Bustin: Re: Exchange of property between City of Clearwater and George A.Hunt, Jr. Enclosed herewith please find the following documents for your records: 1. Copy of Deed of Conveyance from City of Clearwater, Florida to George A. Hunt, Jr., recorded in O. R. Book 5280, Page 894. 2. Original Warranty Deed from George A. Hunt, Jr. to City of Clearwater, Florida, recorded in O. R. Book 5280, Page 892. 3. Original Reciprocal Cross-Easement Agreement between Bill Howard Hunt and City of Clearwater, Florida, recorded in O. R. Book 5280, Page 882. We will forward the final title insurance policy to you in a few weeks. it ra, c .',~ ,~, 'ill 1; ~j RP:dd Enclosures DEe 14 'i~~lJ ~y ~,.rQl~i~ .' ---,~ ( i, ,~ J r 8119021'5 , O.R, 5 % 8 0 PAGE 892 ~This instrument was prepared by: THIS INSTRU,\,\ENT PREPARED fcV !~'\ ~~l:TURN TO); N~AY PEACOCK, 1\ i I Ui\01EY Add 2348 SUNSET POiNT RD ress . ~UITE'E' CLEARWATER, FL 33515 , -, \ . " ~ <'I P?il'ited~ for Lawyers' Title Guaranty Fund, Orlando, Florida ijtarranty laeed (STATUTORY FORM-SECTION 689,02 F,S.) mlfis Jubruturr. Made this 1st day of Dec ember 19 81 , ilrtwrru GEORGE A. HUNT, JR. , a married man of the County of pinellas , State of Florida , grantor"', and CITY OF CLEARWATER, FLORIDA whose post office address is P. O. Box 4748, Clearwater, Florida 33518 of the County of Pinellas , State of Florida , grantee-\<, lIiturssrtQ. That said grantor, for and in consideration of the sum of ______________________________________________________-------- Ten D~~~ and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in P inellas County, Florida, to-wit: See Exhibit A attached hereto and made a part hereof for legal description. Subject to easements and restrictions of record ~nd taxes for the year 1981 and thereafter. THIS IS NOT HOMESTEAD PROPERTY. -'. ~-,- p\;m.4 I L' ! 5~'l1 7':'1 ...... ! " -=>1,E' ;1'" ,:~'~.. 4-"_ ',11, ',',," ,1']: ,~,J.,",.,'.,',!,~,' ";;;,.,.',., ~ , ~ll,W'" \-J I ...4.,:":;'!'J',;l_*;\.",J..q-~~ L~ ;: 41 ! .? ~... ,,;~;~:.t>JJ?g _ r. .1T,,~ FeL ~,,, $"C/,:?,0. 4: ;"'.5...0 /. 30 '}).c.c"",eN f/P " Intangibie Tax Pd. .. ,. v -----_.-- ." ..,' . ...... Clerk, pineHas County ~3 \::t ,;:<L"c,>:,",,--",-,:a, {a\\~"'t'Il,' / ~~"'",,, lake"r, ,.."", Deputy aetX "C,t -5 C (', W J2J>L, - : .,~':"..""-'-" ". ,~__"_"'__"_"'_ by." ~" ,,' and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever, CLEfl.K CiKCU1T COURT '~~ ,~~ ':: r> ~ ,: DEe ~ 3 16 PM '8t * "Grantor" and "grantee" are used for singular or plural, as context requires, In Ilitnrs9 IlIQrrrnf. Grantor has hereunto set grantor's hand S;~"S"e,al~d ~, dde~"e",e' ~~- (Seal) (Seal) (Seal) (Seal) STATE OF FLORIDA COUN" OF PINELLAS I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared GEORGE A. HUNT, JR., a married man described in and who executed the foregoing instrimwlitClnd'acknowledged before me that J HOIAlY PU8111. ~IAn ()~ ~U}II.IDA AI ~Q MY (OMMI~SI()N!:^PIK.i~ '>tP1 II 198J IONDED THlU G~Nl:RAI INS VNDERWR HERS /\,... r;, ~ # \.. t" j>ZA:f'.,(....'~)(9 /.. A" ;fe,,) ~.l.A?,e.,l-V" t..','" / ") j ') .. 1:'1 i~ ..\t7,,~..::J ,,'~,{/ttf,J 'l f" , Q,R, 5 ~ 80 PAGE 893 4. IEXHIBIT A'. LIBRARY SITE: From the NW corner of the NW 1/4 of the NW 1/4 of Section 18, Township 29 South, fbl1ge 16 Llst, thence S 890 22' 51" E, along the centerline of Drew Street, 553.20 feet; thence S 000 18' 05" W, 50.0 feet to a poin:t of beginning; thence S S9" 22'51" E, 220.00 feet; thence S 000 18' 05" W, 220.00 feet; tl1e11ce N 890 22'51" W, 220.00 feet; thence N 00" 18' 05" E, 220,00 feet to the point of beginning. Containing 1.111 acres 0.7 + Acres From the NW corner of the NW 1/4 of the NW 1/4 of Section 18, Township 29 South, Range 16 East, Thence S 89022'51" East, along the centerline of Drew Street, 553.20 feet; Thence S 00018'05" West, 270.00 feet to the Point of Beginning; Thence S 89022' 51" East, 220.00 feet; Thence S 00018'05" West, 138.60 feet; Thence N 89022'51" West, 220.00 feet; Thence N 00018' 05" East, 138.60 feet to the Point of Beginning. Containing 0.700 Acres ""0 I t AFFIDAVIT STATE OF FLORIDA COUNTY OF PTNF.T,T.~~ Before me, the undersigned authority, personally appeared GEORGE A. HUNT, JR. , who, being first duly sworn, depose(s) and say(s): 1. That he is the owner (s) of the following-descr ibed property located in pinellas County, Florida, to,...wit: See Exhibit A attached hereto and made a part hereof for legal description. 2. That affiant(s) has/have possession of the property, and there is no other person in possession who has any right in the property. 3. That there have been no liens filed and no labor performed or materials furnished on said property for which there are unpaid bills for labor or material for which liens could be filed. 4. That there are no unrecorded easements, liens, or assessments for sanitary sewers, paving, mowing or other public utilities including delinquent sewer and water charges against said property. 5. That there are no claims whatsoever of any kind or description against the furniture, fixtures and equipment located in the improvements thereon. 6. That there is no outstanding unrecorded contract of sale, deed, conveyance or mortgage affecting the title to said property; that no notice has been received of any public hearing regarding assessments for improvements by any governmental agency within the past 90 days, and there are no unpaid assessments due to any governmental agency for improvements or otherwise. 7. That the affiant(s) has/have no knowledge of any claim or lien for money due and owing for services or material supplied to the subject property within 90 days preceding the date of closing. 8. That there are no matters pending against the affiant(s) that could give rise to a lien that would attach to the property between the disbursing of funds by the settlement agent and the recording of the interest to be insured by the title company. 9. That the affiant(s) has/have not and will not execute any instrument that would adversely affect the title or interest to be insured hereunder by the title company. This affidavit is given for the purpose of inducing Purchaser to buy the above-described property, and the undersigned further agree(s) that if said charges do appear after conveyance of said real property he will pay and indemnify the Purchaser. L 4~ / George A. Hunt, Jr.~ Sworn to and subscribed before-;ne this 1st day of December , 19 81 . L~ C',: /" . L: · (, .,;.. .,',',~1't"~ t,{..(. <{(, ',/ '/ :" " , I ,. (' "\ .-f' 1/ &i {Q (,A-1(,).J V F <,' j , I'.. ) J' ',: ~,:,Jt ~ ,~"" "" I"''' ,.:l (, '0'"'''' / 'I J r'0 ,I, I elr 'I" ,',' ,~~~, Notary Public My commission expires: NOTAlY NIue )TAr~ Uf fLOIUDA AI t.A& MY COMMISSION EXPIIiS 5Ert It 19aJ IIONOED 1HlU GENERAL 1t6. UNDOWll1BlS .. .,. - ,.' .... I t I[XN1811 A' LIRRARY SITE: From the NW corner of the ;\',\' 1 -1 of thc' :i\I' 1/4 of Section 18, To\\'nship 29 South, E;1llgC l(~ L:ist, 1.!lC;lC8 S 89" 22' 51" E, <11011[; the' cC'l1tcrlinc of lJ l' C \\' S t l' C e t, 553. 20 l' c c t; i h 8 nee S 00 ( } ~' u :S" 11', ;:) 0 . 0 f c " t i 0 a po i n t 0 f 11 (' gin n i n g: i Ii C il (' f' S ~ 9 ( :~:?' ,') 1" T 220 , 00 fee t; the ;1 c C S 00(' ] S I 0;1" W, :2 :J. () . 0 U fee t: 1 i lC 1 ( ( N 89= 22'51" \1', 220.00 feet; i11811CC N un 13' 05" E, r) ') n C-\ 'll r J t' t ' 't i' 1 . ' ,",~, . Jl J C'C ( ,onc 1'0111" 0 )C'!:111il1ng. Containirq; 1.111 ;1CT(~S O. 7 i" Acres From the NW corner of the NW 1/4 of t he ~1'1- 1/4 of Section 18, Township 29 South, Ranp:- 16 East, Thence S 89022'51" East, along the centerline of Drew Street, 553.20 feet; Thence S 00018'05" West, 270.00 feet to the Point of Beginning; Thence S 89022' 51" East, 220.00 feet: Thence S 00018'05" W8st, 138.60 feet; Thence N 89022'51" West, 220.00 feet; Thence N 000 18' 05" East, 138.60 feet to the Point of Beginning. Containing 0.700 Acres rs ENCLOSED 1 Date: , February 5, 1982 ~ E:NTION: Tom Bustin, Esquire following enclosures are forwarded for action indicatel ~heck mark below. lal title insurance policy insuring City of Clearwater the amount of its purchase from George A. Hunt, Jr. x For your Files Sign an9. Return 'Read'Hand--please ' calldurof"fic'e (Other) :;tin, Esquire E Clearwater 30x 4748 :iter, FL 33518 RAY PEACOCK, P. , ATTORNEY AT LAW HE eEl V E D 2348 SUNSET POINT RD., SU CLEARWATER, FLORIDA 3 fEB 8 1982 City ATTORNE.~ PHONE: (813) 796-7714 --~'-' (Same cOIerage as American Land Tille Association Owner's Policy Form A - 1970) r"",......,;".,.."'";.."'",.,.,.....""_'m'''_~_~_''''~..lC'''''''',..''''.,,'"JL,,"~''C''''I'''''''"'''''''"''''.'',.""]ml..,, ~ ~ I OWNER TITLE INSURANCE POLICY I I1.!J I1.!J I1.!J ~ i Lawyers' Title Guaranty Fund i I1.!J I1.!J I1.!J ~ I Qualified with and supervised by the Insurance Commissioner of Florida I I1.!J I1.!J I1.!J I1.!J I1.!J ORLANDO, FLORIDA I1.!J I1.!J I1.!J I1.!J ~ I1.!J ~ I1.!J I1.!J I1.!J I1.!J I1.!J I1.!J I1.!J I1.!J I1.!J I1.!J I1.!J I1.!J I1.!J I1.!J I1.!J I1.!J I1.!J I1.!J I1.!J I1.!J I1.!J I1.!J I1.!J I1.!J I1.!J I1.!J I1.!J I1.!J I1.!J I1.!J i SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B I I AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, LAWYERS' TITLE I I GUARANTY FUND, a business trust, herein called The Fund, insures, as of Effective Date of policy shown I I in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and I I1.!J costs, attorneys' fees and expenses which The Fund may become obligated to pay hereunder, sustained or I i incurred by the insured by reason of: I I1.!J I1.!J I1.!J I1.!J I1.!J 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; I1.!J I1.!J I1.!J I1.!J I1.!J I1.!J I1.!J I 2. Any defect in or lien or encumbrance on such title; or I I1.!J I1.!J I1.!J ; II 3. Lack of a right of access to and from the land. ~ I1.!J I1.!J I1.!J I1.!J I1.!J In Witness Whereof, LAWYERS' TITLE GUARANTY FUND has caused this policy to be signed and sealed in I1.!J I1.!J ~ II its name by its President and Executive Secretary, by direction of its Board of Trustees, to become binding I I1.!J when countersigned by a member of The Fund. I1.!J I1.!J I1.!J I1.!J I I1.!J ~ II [gJ ~ [gJ "'1 [gJ II ~ [gJ , [gJ ~ [gJ [gJ [gJ ~ [gJ I [gJ ~ I ~ [gJ I1.!J La-era' Title Guaranty Fund lit) I ..~ [gJ i ByI2uf8.~ i [gJ ~ [gJ Paul B. Comstock I1.!J I President and Executive Secretary I [gJ I1.!J [gJ I1.!J I1.!J [gJ [gJ [gJ [gJ ~ [gJ ~ [gJ [gJ [gJ [gJ I SERIAL I [gJ [gJ [gJ [gJ [gJ- - [gJ I OP- 394029 i [gJ ~ [gJ ~ I1.!J I1.!J I, ~ ~ - ritl ~~JI!!lli!Jl1.!JlgJ[i!JI1.!JI1.!J[gJI1.!J[g][gJI1.!JI1!I[1jJ[gJli!J~l!!J~[jtJl1.!Jl1!r!tl[m!jJ~If~ll.tlrjII1.!JIi:!][jf;[1fjJ<jr;!jl;jiI{rjL>,jl1;(,,':i'>(::t\jj:CjjJiltl[j~[jtI~[jjJ[jt]l~ljjm!J[j'JI1.!J["I[jlJIf~i;,!j~[!11)';I:t]ll';If'ilj(lj(jlfl]ll~:jtllj!l[jjill~[j(J[lll~Jig][gJ[!tO~ FUND Form OP (Rev, 1/77) (5/7lJ-'.FP 10M) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Effective Date of policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to The Food and not shown by the public records but known to the insured claimant either at Effective Date of policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to The Food prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Effective Date of policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A. J I ~ ---, ,l FUND OWNER 'S FORM J SCHEDULE A Policy or Guarantee No. : OP-394029 Effective Da te: December 6, 1981, at 8 a.m. M~mber's File Reference: 1140-20-A Amount of Insurance: $ 111, 320 . 00 1. Name of Insured: CITY OF CLEARWATER, FLORIDA 2, The estate or interest in the land described herein and which is covered by this policy or guarantee is a fee simple (if other, specify same) and is at the effective date hereof vested in the named insured as shown by instrument recorded in Official Records Book 5280 , Page 892 , of the Public Records of pinellas County, Florida. 3, The land referred to in this policy or guarantee is described as follows: See Exhibit "A" attached hereto and made a part hereof. ISSUED BY (Attorney or Firm of Attorneys) ME~:E~5N~~GNATURE RAY PEACOCK ATTORNEY AT LAW 2348 Sunset Point Road, Suite E (Mailing Address) Clearwater (City) Florida, 33515 (Zip) FUND Form OG/OP/OPM-SCH, A (Rev, 1177) (11/77 BGH 360M) J FUND OWNER'S FORM I SCHEDULE B Policy or Guarantee No.: OP-394029 This policy or guarantee does not insure against loss or damage by reason of the following exceptions: 1. Taxes for the year of the effective date of this policy or guarantee and taxes or special assessments which are not shown as existing liens by the public records, 2, Rights or claims of parties in possession not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises, 4, Easements or claims of easements not shown by the public records, 5, Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Subject to any and all unpaid assessments projected or to be projected, if any. 7. Subject to all municipal liens for utilities under F. S. 159.17. 8. Subject to existing road right-of-way for Drew Street. 9. Subject to zoning regulations. 10. Subject to Agreement for Municipal Sewer and/or water services as recorded in o. R. Book 5005, page 1341, Public Records of Pinellas County, Florida. FUND Form OG/OP/OPM-SCH. B (Rev. 1/77) (11/77 BGH 360M) LIBR/\RY SITE: - EXHIBIT A I ;'l'om t)\C ?~\'; corner ()f ~ he :,\\, 1/.1 uf the N\I' 1/4 of ~)cction 18, Township 29 South, n:1l1f~C lG LIst, l hence S 89( 22' 51" E, (l1011!; tile center1 il1c of n l' C W S t r c: e t, :-i 5:1 . 20 f c.' c t; 1 hen c e S 000 1 8' () ;j' , \1', )0 0 f~ct 10 .., 1'01 r1~ of \ f 1',11("1)('(', S ,L'{,-){' ')')' <:1" l' :-0. .--,,' , n J 'l ,) (' ~~ i 11 n i n g : " " . L. .. ,) r, , 2 2 0 . 0 0 fee t; the. nee S 0 0 n 1 S' () ;) " \\', ~? 2 () . 0 0 fee t: 1 il (' 11 C ( , N 89" 22'51" 11', 220.C'0 [cct; 1hence N Ooc' 18' CJ:)" E, 220.00 feet t.o the 1,oiTit of hc~:i.n:li.ng. Containing 1,111 :1crc's 0.7 + Acres From the NW corner of the NW 1/4 of the NW 1/4 of Section 18, Township 29 South, Range 16 East, Thence S 89022'51".East, along the centerline of Drew Street, 553.20 feet; Thence S 00018'05" West, 270.00 feet to the Point of Beginning; Thence S 89022'51" East, 220.00 feet; Thence S 00018' 05" West, 138.60 feet; Thence N 89022'51" West, 220.00 feet; Thence N 00018' 05" East, 138.60 feet to the Point of Beginning. Containing 0.700 Acres ., -~--"..- -----. - ~' ~--' .----. I ..... .-.,.. ,..,....,--.../-- .... CONDITIONS AND STIPULATIONS , 1. Definition of Terms The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses The Fund may have had against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage hereunder. (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (d) "land": the land described, specifically or by reference in Schedule A, and improvements affixed thereto which by law constitute real property; provided, however, the term "land" does not include any property beyond the lines of the area specifically 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. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": those records which by law impart constructive notice of matters relating to said land. 2. Continuation of Insurance after Conveyance of Title The coverage of this policy shall continue in force as of Effective Date of policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3. Defense and Prosecution of Actions - Notice of Claim To Be Given by an Insured Claimant (a) The Fund, at its own cost and without undue delay, shall provide for the defense of an insured in all litigation consisting of actions or proceedings commenced against such insured to the extent that such litigation is founded upon an alleged defect, lien, encumbrance, or other matter insured against by this policy. (b) The insured shall notify The Fund promptly in writing (i) in case any action or proceeding is begun as set forth in (a) above, (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 Fund may be liable by virtue of this policy. If such prompt notice shall not be given to The Fund, then as to such insured all liability of The Fund shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless The Fund shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Fund shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and The Fund may take any appropriate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any prC'vision of this policy. (d) Whenever The Fund shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, The Fund may pursue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right in its sole discretion, to appeal from any adverse judgment or order. (e) In all cases where this policy permits or requires The Fund to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to The Fund the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit The Fund to use, at its option, the name of such insured for such purpose. Whenever requested by The Fund, such insured shall give The Fund all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and The Fund shall reimburse such insured for any expense so incurred, 4. Notice of Loss - Limitation of Action In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed The Fund is liable under this policy shall be furnished to The Fund within 90 days after such 1088 or damage shall have been determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of The Fund under this policy as to such loss or damage. 5. Options To Payor Otherwise Settle Claims The Fund shall have the option to payor otherwise settle for or in the name of an insured claimant any claim insured against or to terminate all liability and obligations of The Fund hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment by the insured claimant and authorized by The Fund. ' 6. Determination and Payment of Loss (a) The liability of The Fund under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or (1i) the amount of insurance stated in Schedule A. (b) The Fund will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by The Fund for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of The Fund. (c) When liability has been definitely fixed in accordance with the conditions of this policy, the losS or damage shall be payable within 30 days thereafter. 7. Limitation of Liability No claim shall arise or be maintainable under this policy (a) if The Fund, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encumbrance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction and disposition of all appeals therefrom, adverse to the' title, as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of The Fund. 8. Reduction 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. No payment shall be CONDITIONS AND STIPULATIONS (continued on reverse side) CONDITIONS AND STIPULATIONS (continued) made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of The Fund, 9. Liability Noncumulative It is expressly understood that the amount of insurance ooder this policy shall be reduced by any amount The Fund may pay under any policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured 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. The Fund shall have the option to apply to the payment of any such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. 10. Apportionment If the land described in Schedule A consists of two or more parcels which are not used as a 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 amount of insurance under this policy was divided pro rata as to the value on Effective Date of policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Effective Date of policy, unless a liability or value has otherwise been agreed upon as to each such parcel by The Fund 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. 11. Subrogation Upon Payment or Settlement Whenever The Fund shall have settled a claim under this policy, all right of subrogation shall vest in The Fund unaffected by any act of the insured claimant. The Fund shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by The Fund, such insured claimant shall transfer to The Fund all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit The Fund to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, The Fund shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. If loss should result from any act of such insured claimant, such act shall not void this policy, but The Food, 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 Fund by reason of the impairment of the right of subrogation, 12. Liability Limited to This Policy This instrument together with all endorsements and other instruments, if any, attached hereto by The Fund is the entire policy and contract between the insured and The Fund. 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 any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, or member of Lawyers' Title Guaranty Fund. 13. Notices, Where Sent All notices required to be given The Fund and any statement in writing required to be furnished The Fund shall be addressed to its principal office at 32 West Gore Street, Post Office Box 2671, Orlando, Florida 32802. rll.<J[Yrlt]ll::JilIrlt::I{1![l(!j'i;g1l'll""j(!Jil.j;:i1l,g,il':lj]!TII["j(1!:~'['J!j!!ilt!i!!I[j<]!ftli1!lr1ili1llij~!l.<J[jj][lfI[l.:ii1!l,I!JI~;I[il[g][g]i!!Ii!!I[~rg:[g][g][g][g][jj][g]i1!Iljj]i1!Ilillg]I:.!Ji1!Ii1lI[gI[g]i1!Il1]!lili1!li1!li1!l[glIjjl[jj][~[g]i1!Ii1!I[jjJ[jj]!jj]i1iI[l.!Jijj]i' ~ ' l<!J i1!I 0 i1!I ~ [g] 11!1 ~ [jj] [g] 0 ". ~' toi [jj] ~ O~ 0 S ~ ::i i [gIE !:l:l ~~ ~ .... ~ t'" [!j] [gI t"" '~ ~ _ [gI [jj] ~ "''l '4 .... ~.~ 0 11!1 [g] ~ - -~ 11!1 ~O tl :d 0 = \loI 0 = ~ [g] ij(j . ~ 9 f"t- '1 t'" "'"l 11!1 il!J .... .... ('I.) .... tn 11!1 I!!l t::o ~'< '- 0 d tIj ~ 11!1 00 o..c: l:z:J l:z:J [g] [ffi !:l:l~ S ~ ~ "'" [g] [jtj .... ..... 11!1 ~ tl tI.l >". ~. ~ ~ ~ >'~ ~ f"t- 0 [g] [gI ~ ! = =- tIj [g] i1!I ~ ~ \loI [g] 1'<] l ~ i1!I 11!1 ~ ' [g] 1::1 '\' \~t ~'I ~ ~1l<!Jl1!Ii1!Ii1iIl~ill]i1iIi1!Ill!]ill!lnJi1iIi1!Il"l[g]i1iIi1iI!ll!l1;]i1!I!TIlil~i1!Il~:'lllfP-,i1iI!lt]i1!Ii1!Il'-"lmru[jjJ1ll];g][g]lglijj]l1!IltJ~m1!li1!li1iJijj]I1!II1!I[jj][jj][jj]l1!Il1!Ii1iIl1!l[jjJrgJi1!I~~[jjJ[g]l1!Il1!Iiffi[jjJ[jjJI1!Ii1ii[jt'[j!Ig![jjJi1i,[jjJ[g][jj]I!;![jjjI1!l[g]I1!I[g][g~~ (sle coverage as American Land TItle ASSOCiation Commllmenl' 1966lL r"'---- --'1: COMMITMENT ; Lawyers' Title Guaranty Fund I I I [gJ i [gJ [gJ [gJ [gJ [gJ [gJ I I [gJ [gJ [gJ [gJ I I I I [gJ [gJ I I [gJ [gJ I [gJ [gJ [gJ [gJ I [gJ [gJ [gJ [gJ , i I Lawyers' Tltl. Guaranty Fund [gJ [gJ ~ i f2~/J /2 /'___~4. i ~, By ~ ~, UT7~ I~)(: :: Paul B. Comstock ~ [gJ President and Executive Secretary [gJ I I I ~ [gJ I I 1m SERIAL I iii [gJ I [gJ 1m C- 368146 i iii [gJ 1- - I l.._,.....-...----.........-......,..,........--J FUND Form C (Rev, 6/78) (6/78-FP 50 M) Qualified with and supervised by the Insurance Commissioner of Florida )( ORLANDO, FLORIDA )( COMMITMENT TO INSURE OR GUARANTEE TITLE )( LAWYERS' TITLE GUARANTY FUND, a business trust, herein called The Fund, for a valuable consideration, hereby commits to issue its policy or policies of title insurance or guarantee of title, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A; subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. I )( This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies or guarantee committed for have been inserted in Schedule A hereof by The Fund, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance or guarantee of title and all liability and obligations hereunder shal1 cease and terminate six months after the effective date hereof or when the policy or policies or guarantee committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies or guarantee is not the fault of The Fund. In Witness Whereof, LAWYERS' TITLE GUARANTY FUND has caused this Commitment to be signed and sealed in its name by its President and Executive Secretary, by direction of its Board of Trustees, to become binding when countersigned by a member of The Fund. I FUND GOMMI'FMENT FORM I. SCHEDULE A Conunitment No,: Effective Date: September 9, 1981, at 8 a.m. Member's File Reference: C-368146 1140-20-A 1. Policy or Policies or Guarantee to be issued: Proposed Amount of Insurance OWNER'S: $ 111,320.00 Proposed Insured: CITY OF CLEARWATER, FLORIDA MORTGAGEE: $ Proposed Insured: 2, The estate or interest in the land described or referred to in this commitment is a fee simple (if other, specify same) and title thereto is at the effective date hereof vested in: GEORGE A. HUNT, JR. 3. The land referred to in this commitment is described as follows: See Exhibit "A" attached hereto for legal description ISSUED BY (Attorney or Firm of Attorneys) 7245 MEMBER NO, \~ -~~ -- -ATTOR Y-MEMB""'S S'GNATURE RAY PEACOCK, P.A. 234R Sllnset Point: Roi'Jo, Snit-!=> F. (Mailing Address) Clei'Jrwater (City) Florida 111) 1 I) (Zip) FUND Form C-SCH, A (Rev, 1/77) (11-80 DSI 100M) I I FUND CQMMITMENT FORM SCHEDULE B Commitment No.: C-368146 I. The following are the requirements to be complied with: I, Payment of the full consideration to, or for the account of, the grantors or mortgagors, 2, Instruments creating the estate or interest to be insured which must be executed, delivered and fIled for record: ~: Warranty Deed executed by Bill Hunt to George A. Hunt, Jr. Warranty Deed executed by George A. Hunt, Jr., to City of Clearwater, Florida. Release of Subject land from that certain Mortgage executed by George A. Hunt, Jr., joined by his wife Cecile C. Hunt, in favor of the Exchange National Bank of Pinellas County, dated July 10, 1978, filed July 12, 1978, in o. R. Book 4722, page 166, Public Records of Pinellas County, Florida. SEE CONTINUATION SHEET II. Schedule B of the policy or policies or guarantee to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of The Fund: ~1, {"'~ Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this commitment. 2. Any owner policy or owner guarantee issued pursuant hereto will contain under Schedule B the standard exceptions set forth at the inside cover hereof. Any mortgagee policy will contain under Schedule B the standard exceptions unless an affidavit of possession and a satisfactory current survey are submitted, an inspection of the premises is made, it is determined the current year's taxes or special assessments have been paid, and it is determined there is nothing of record which would give rise to mechanics' liens which could take priority over the mortgage (where the liens would otherwise take priority, submission of waivers is necessary). 3. All assessments and taxes~for the year 1981 and thereafter. 4. Subject to any and all unpaid assessments projected or to be projected, if any. 5. Subject to all municipal liens for utilities under F. S. 159.17. 6. Subject to existing road right-of-way for Drew Street. NOTE~ This property subject to zoning regulations. 7. Subject to Agreement for Municipal sewer and/or water services as recorded in o. R. Book 5005, page 1341, Public Records of pinellas County, Florida. FUND Form C - 5CH, B (Rev. 1/77) (11-80 D51 100M) I I. FUND CONTINUAlION SHEET (SCHEDULE B I CONTINUED) Commitment, Policy or Guarantee No.: C-368146 (d) R 1l_ George A. Hunt, ~ Jes L. Rozier record 9, of Pinellas (e) ~ ~ ~) , ct lan certain Mortgage executed by Jr., an e C. Hunt, his wife, in favor of y Company dated May 24, 1979, filed for 1979, in o. R. Book 4875, page 1620, Public Records ida. Release of sub] at certain Mortgage executed by George A. Hunt, Jr., in fa of the Exchange Bank and Trust Company of Clearwater dated 0 er 13, 1976, filed October 27, 1976, in o. R. Book 4471 e 1229, Public Records of pinellas County, Florida. Said Mortgag as modified in o. R. Book 4890, page 1513, ~~blic Records of pinellas Coun Release of subje Bill Hunt, a single in o. R. Book Florida. FUND Form CS (11-80 DSI 50M) rom that certain Mortgage executed by , to Palm State Bank recorded January 22, 1981, 2101, Public Records of pinellas County, ." --- ----'"----- ~-".,.- -~'..~..-.__. I ST ANDARD-..fXCEPTIO NS I The owner policy or owner guarantee will be subject to the mortgage, if any, noted under item two of Section I of Schedule B hereof. All policies and guarantees will be subject to the following exceptions: (1) taxes for the year of the effective date of this Commitment and taxes or special assessments which are not shown as existing liens by the public records; (2) rights or claims of parties in possession not shown by the public records; (3) encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate surv~nd inspection of the premises; (4) easements, or claims of easements, not shown by the public records; ~ a~ ~en, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law an",ot/~~ ~ public records, CONDITIONS AND STIPULATIONS 1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to The Fund in writing, The Fund shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent The Fund is prejudiced by failure to so disclose such knowledge, If the proposed Insured shall disclose such knowledge to The Fuud, or if The Fund otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, The Fund at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve The Fund from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of The Fund under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies or guarantee committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies or guarantee committed for and such liability is subject to the insuring provisions, the Exclusions from Coverage and the Conditions and Stipulations of the form of policy or policies or guarantee committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Conunitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against The Fund arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Conunitment, rl~m~~~m~~IlIDm!I~~~~~~~~~~~m~[~ ~ ~ ~ ~ ~ ~ ~ ~ I COMMITMENT I ~ ~ ~ ~ ~ to [gJ [gJ [gJ I INSURE or GUARANTEE I [gJ [gJ I TITLE I [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ I ' [gJ i Lawyers' Title I) ~ I ; Guaranty Fund i [gJ [gJ I ORLANDO, FLORIDA I [gJ [gJ [gJ [gJ ~ [gJ ~ [gJ [gJ [gJ [gJ [gJ [gJ 0 [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ ., [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ I OFFICES AT 32 W, GORE STREET ~ ORLANDO, FLORIDA ~ ~11~~I;!j~[gJm~~mm~~~~[;!]m~~m[gJ[gJ~[g~ ~ .!. .... LIBRARY SITE: --_._-----~- E.IBIT A Lawyers' Title Guaranty Fund Commitment No. C-368146 Prom the NW corner of the NW 1/4 of the Nil' 1/4 of t. .. \t. ,.... Section 18, Township 29 South, Range 16 E:1st, thence S 890 22' 51" E, along the centerline of Drew Street, 553.20 feet; thence S 00018' 05" 11', 50.0 feet to a point of beginning; thence S Sgn ?-2'51" E, 220.00 feet; thence S 000 18' 05" W, 220.00 feet; 1 hence N 890 22'51" 11', 220.00 feet; thence N DO" IS' OS" E, 220.00 feet to the point of heginning. Containing 1.111 acres 0.7 + Acres From the NW corner of the NW 1/4 of the NW 1/4 of Section 18, Township 29 South, Range 16 East, Thence S 89022'51" East, along the centerline of Drew Street, 553.20 feet; Thence S 00018'05" West, 270.00 feet to the Point of Beginning; Thence S 89022'51" East, 220.00 feet; Thence S 00018'05" West, 138.60 feet; Thence N 89022'51" West, 220.00 feet; Thence N 00018' 05" East, 138.60 feet to the Point of Beginning. Containing 0.700 Acres . . CITY OF CLEARWATER City Hall 112 South Osceola Avenue Clearwater, Florida 33516 RE: THE TENNIS CLUB OF CLEARWATER _ U.S. Hwy 19 and N.E. Coachman Road The undersigned, as owner of the captioned property which has been submitted for annexation and zoning to the City of Clearwater, does hereby agree that in lieu of a cash contribution for park and recreation purposes according to City policies, that the said undersigned will contribute the following: 1. Construction of four (4) all weather, hard surface tennis courts, including all fencing, posts and nets. 2. This construction to be at such a place within the city limits of the City of Clearwater, as the City may designate. 3. That the undersigned has one (1) year from the adoption of the annexation ordinance to commence the construction of the courts and that they will be completed within ninety (90) days from the commencement of construction. DATED this 18th day of September, A.D., 1973. \ /' \: ,. , I r./~ , I V ~\ f) ! ,..:...:' ~ /' /' ~~ F. -~~R' Tr'stee -. .~:. " :o{ , f ; \. 1.,.., " \.): X; 'i/ ~ \ , . ,f ,/, .:. i ","\!.' ~-" (: <,. ~ ~", :~/ ), "',r' f-r ',,~, " , . d. . t', Vn- ... :1' Y ~ " /~ , 1 :; , ,. ,~ ~' '.\ , l~ v I t\ .,.. ii ',\ .\/~ ' '.V [I' }'-" j l ~,.? rf t3' "";" ~,?,ir/ , .' ~ -'~, fp /).,-0'60 @JEJE JMi;JJlp ][JV fIJbJE , ,'I~i...,;nhi'tiU~ /1'fJ~~n.iliil"Jt ',';;~";~L~~i,.. , ,I" " ' ,j"" ,,' "...".liiIi". ':;',' ','".'"., '..),.J. .,_'.','""~!,',, ',', I.irl\',\",_ ! ' V t..t...tV ' : '~,",.,' ',:",.~,. "1 . .'. ~I. '~' ~ i ~''',;,; : , , ., II ! ,~ '," ,. ". ,"., .". I, ' .' , ' ,', . . ' ", :::: .'.,"i,; ~,(~'. !i..,'.~.. <';",i;?" ':,:~"""""'"""":"""",';"""""'.",,!,, . '",.,. ,,' ',',", , ,',' I ' ,) ",i:,;".'I,',.,'""",A".","~,."',',,',",',',,".'",'.", i' r, ' ," , ~' "'1'.. .~~..... -... ~ J-I- ~~:"i~1 ";;"1 '