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 '