EVA MCMULLEN-CO EXECUTORS OF HENRY LAURNECE MCMULLEN ETSTATE
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o.R.4421 p^Cf1350
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AGREEMENT
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THIS AGREEMENT made and entered into this tJ,#'
day of
~ , A. D. 1976, by and between EVA TERRY McMULLEN,
E. McMULLEN and J. MITCHELL McMULLEN, Individually, and
as Co-Executors of the Estate of Henry Laurence McMullen, Deceased;
BLANCHE S. McMULLEN, as Guardian for Henry L. McMullen, Jr.;
and MALCOLM TERRY McMULLEN and LAURENCE G. McMULLEN,
Individually, hereinafter called Parties of the First Part, and the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, hereinafter called
Party of the Second Part;
WITNESSETH
WHEREAS, on April 3, 1972, the Estate of Henry Laurence McMullen,
Deceased, through the Parties of the First Part, sold and conveyed to Party
of the Second Part title to the following described property in Pinellas County,
Florida:
~
The South One_Half (Si) of the Southwest Quarter (SW-1-)
of the Southeast Quarter (SE-1-) of Section Eighteen (18),
Township Twenty-Nine South (T 29 S), Range Sixteen East
(R 16 E), together with such easement as may exist appurtenant
thereto as appears in Easement Agreement recorded in Official
Record Book One Hundred Sixty-Eight (168), Page Twenty (20),
of the public records of Pinellas County, Florida,
by Executors' Deed which was recorded on April 4, 1972, in O. R. Book
3759, page 104, of the public records of Pinellas County, Florida; and
WHEREAS, said Executors' Deed contained the following provisions:
"TO HAVE AND TO HOLD the same together with all and
singular the appurtenance s thereunto belonging or in anywise
appertaining, to the proper use and behoof of the party of the
second part or its successors for all such time as the same shall
be used by said party of the second part or its successors as a
public park; and should the same ever be abandoned as a public
park or diverted to another use, the estate hereby granted and
the fee simple title thereto shall thereupon revert to and remain
vested in the persons named as beneficiaries under the will of
said Henry Laurence McMullen, in proportion to their respective
shares thereunder and to their heirs per stirpes or assigns. ";
and
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o.R.4421 r^Gf1351
WHEREAS, the Party of the Second Part desires to dedicate and use
a par~ of said property for public street purposes and as an acces s to said
public park, and the Partie s of the Fir st Part are willing to agree to such
usage, subject, however, to the provision that should said property cease
to be used for such purposes by the Party of the Second Part that it will revert
back to and become public park property and will be subject to all the terms
and provisions as contained in said Executors' Deed, dated April 3, 1972, and
recorded in O. R. Book 3759, page 104, of the public records of Pinellas
County, Florida;
NOW, THEREFORE, in consideration of the foregoing premises and
other good and valuable consideration, receipt of which is hereby acknowledged,
the parties hereto covenant and agree as follows:
1. That the Parties of the First Part hereby covenant and agree that
the Party of the Second Part is authorized and permitted to dedicate the following
described property for a public street and to use same for that purpose:
North 30 feet of West 488.21 feet of the South 1/2 of the
Southwest 1/4 of the Southeast 1/4 of Section 18, Township
29 South, Range 16 East, Pinellas County, Florida,
provided, however, that if said described property should cease to be used
for such purposes by the Party of the Second Part, then it will revert back to
and become public park property and will be subject to all the terms and
provisions as contained in Executors' Deed, dated April 3, 1972, recorded
on April 4, 1972, in O. R. Book 3759, page 104 of the public records of
Pinellas County, Florida.
2. The Parties of the First Part specifically covenant and agree that
by the City of Clearwater dedicating and using the above described portion of
the property for such street purposes that it shall not activate and cause to
bring into effect the reverter clause as provided in the original Executors'
Deed, dated April 3, 1972, and recorded in O. R. Book 3759, page 104 of the
public records of Pinellas County, Florida.
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I o.a.4421 PAGf1352
3. That the Party of the Second Part hereby covenants and agrees
that it' will dedicate the above described property as a public street and use
same for that purpose subject to the provisions set out above.
IN WITNESS WHEREOF, the said parties have hereunto set their hands
and seals the day and year first above written.
Witnesses:
( ~d-~L~
As to Malcolm Terry McMullen
~~~~~
yt ~~d: !: .1L~-if
As to ~aurence G. cMullen
4\ fV-~-~;~J
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H'/hLL . U.4~~
to City of le#,wateu
Countersigned:
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Mayor-Commissioner
or rectne s s:
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fht-r, b. </J;J::./llUft",- (SEAL)
Eva Terry ullen
Individually & As Co-Executor of
the Estate of Henry Laurence McMullen
~~ .:2::"h?~~S~AL)
Birton E. McMullen
Individually & As Co-Executor of
the Estate of Henry Laurence McMullen
J. Mitchell McMullen
Individually & As Co-Executor of
the Estate of Henry Laurence McMullen
(
titan du A m /J7-1A/L/ (SEAL)
Blanche S. McMullen, as
dian for Henry L. McMullen, Jr.
Malcolm Terry McMullen
Individually
~/"" f~ /f/~SEAL)
Laurence G. McMullen
Individually
Parties of the First Part
By
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Party of the Second Part
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I r o. K. 4421 p^cE1353
STAT;E OF FLORIDA
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared EVA
TERRY McMULLEN, Individually and as Co-Executor of the Estate of Henry
Laurence McMullen, deceased, who, being well known to me to be the person
described in and who executed the foregoing, acknowledged to me that she
executed the same for the purposes therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
on this 17ft day of 7?1 t!L-t-~ , A. D. 1976.
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/~'r:J,\'l'EOF FLORIDA
. COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared BIR TON
E. McMULLEN, individually and as Co..Executor of the Estate of Henry
Laurence McMullen, deceased, who, being well known to me to be the person
described in and who executed the foregoing, acknowledged to me that he
executed the same for the purposes therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
on this ;:ZD -\h day of F...1Y\.Hlvl.o\ , A. D. 1976.
I
My Commission Expires:
NOTARY PUI!UC STATE OF FLORIDA AT lAIG!
MY COMM!~SION EXPIRES NOV. 21. 19"
IONt'eo THRU G~NFRAl INSURANC:: UNDERWRITERS
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ST A TE OF 1"'a/v'VC4j
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Before me, the undersigned authority, personally appeared J. MITCHELL
McMULLEN, individually and as Co-Executor of the Estate of Henry Laurence
McMullen, deceased, who, being well known to me to be the person described
in and who executed the foregoing, acknowledged to me that he executed the same
for the purposes therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
on this ,~CJ f(..., day of a.yb/'7;~ , A. D. 1976.
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o. t4421 p~GF135~
STA TE OF FLORIDA
COUNTY OF
Before me, the undersigned authority, personally appeared BLANCHE S.
McMULLEN, as Guardian for Henry L. McMullen, Jr., who, being well known
to me to be the person described in and who executed the foregoing, acknowledged
to me that she executed the same for the purposes therein expressed.
on this ~ /2.1/} _
day of ?J?z a-...,.L
My C<;>~~~s~PP:E:x;pir~il:
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STATE OF FLORIDA
COUNTY OF O""J e--
Before me, the undersigned authority, personally appeared MALCOLM
TERR Y McMULLEN, who, being well known to me to be the person described
in and who executed the foregoing, acknowledged to me that he executed the
same for the purposes therein expressed.
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on this
IN WITNESS WHEREOF, I have hereunto
go day of ~ ,...:/
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set my hand and_~#iWftt 's'e"n'
, A. D. 1976. <? ~'~~.~.,:.:~-::, i\~_ "~.'~
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My Commission Expires:
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MY COMr'.~!SSjDiI EX?I:1CS [,";i.Il. 13, 19~ 1
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STATE OF' FLORIDA
COUNTY OF 'f:)u~~-a,_..
Before me, the undersigned authority, personally appeared LAURENCE
G. McMULLEN, who, being well known to me to be the person described in
and who executed the foregoing, acknowledged to me that he executed the same
for the purposes therein expressed.
IN WIT~SS WHEREOF, I have hereunto set my hand and official seal
on this /l.::(;:;c day of ':/J-l ~.IL.---L , A. D. 1976.
",;.::~y .~6~i.ssion Expires:
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~o.~.4421 PAGE1355
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STAT~ OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY that on this IOU day of cf(~ , A.D.
1976, before me personally appeared Picot B. Floyd, Thomas A. Bustin, R. G.
Whitehead and Gabriel Cazares, respectively City Manager, City Attorney,
City Clerk and Mayor-Commissioner of the City of C1m rwater, Florida, a
municipal corporation, to me known to be the individuals and officers described
in and who executed the foregoing instrument, and severally acknowledged the
execution thereof to be their free act and deed as such officers thereunto duly
authorized; and that the official seal of said municipal corporation is duly affixed
thereto, and the said instrument is the act and deed of said corporation.
WITNESS my signature and official seal at Clearwater in the County of
Pinellas and State of Florida, the day and year last above written.
My Commission Expires:
Notary Pul.>lic, State of flo,ido 01 lClfg9
My Commission e>lpires Sept. 29, 1971
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.G.R. 3759 ~ 104
ArR ~ 4 26 PM '1l
EXECUTORS I DEED
THIS INDENTURE, delivered on this
3rd
day of
April
1972, by and between EVA TERRY McMULLEN, BIRTON E. McMULLEN and
J. MITCI!ELr, ,~!"Il1LLE:~, AS' CO-EXECUTORS OF. THE ESTATE OF HENRY
- ., '. and EVA TERRY McMULLEN, Individually,
LAURENCE McMULLEN, Deceasedj hereinafter called "parties of the
first part", and the CITY OF CLEARWATER, a municipal corporation
organized and existing under the laws of Florida, whose mailing
address is: City Hall, Clearwater, Florida, 33516, hereinafter
called "party of the second part", WITNESSETH: That for and
in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration, receipt of which is hereby
acknowledged from party of the second part by parties of the
first part, and by virtue of the powers vested in parties of the
first part under the terms of the will of said Henry Laurence
McMullen, deceased, and the order of the County Judge of Pinellas
County, Florida, duly entered in the matter of the estate of
said Henry Laurence McMullen, deceased, in Probate No. 39,814,
authorizing and approving the sale and conveyance of the property
hereinafter described to party of the second part, the parties
of the first part have granted, bargained, aliened, remised,
released, conveyed and confirmed, and by these presents do hereby
grant, bargain, sell, alien, remise, convey and confirm unto the
party of the second par.t.,. its,success.ors and assigns, the follow-
ing tract or parcel of land lying and being in pinellas County,
Florida, to wit:
The South One-Half (S~) of the ~outhwest Quarter
(SW~) of the Southeas t Quarter (SK~) of Section
Eighteen (18), Township Twenty-Nine South (T 29 5)
Range Sixteen East (R 16 E), together with such
This Inst~ument Prepared By:
RETURN TO~
('!','Y CLEHK
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',;, I'L,\. 33518
Milton D. Jones, Attorney at Law
PO Box 127, Clearwater, Fla. 33517
11- 050
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'o.~. 3759: PAtE 105
easement as may exist appurtenant thereto as
appears in Easement Agreement recorded in
Official Record Book One Hundred Sixty-Eight
(168), Page Twenty (20), of the public records
of Pine1las County, Florida.
TO HAVE AND TO HOLD the same together with all and singu-
1ar the appurtenances thereunto belonging or in anywise apper-
taining, to the proper use and behoof of the party of the second
part or its successors for all such time as the same shall be
used by said party of the second part or its successors as a
public park; and should the same ever be abandoned as a public
park or diverted to another use, the estate hereby granted and
the fee simple title thereto shall thereupon revert to and remain
vested in the persons named as beneficiaries under the will of
said Henry Laurence McMullen, in proportion to their respective
shares thereunder and to their heirs per stirpes or assigns.
AND the parties of the first part do hereby covenant with
party of the second part that they have done and performed all
things preliminary to, in and about said sale and this conveyance,
and that all laws and orders of court have been complied with in
all respects.
AND the party of the second part, by acceptance of this
conveyance, covenants and agrees with parties of the first part,
their successors or assigns, that it will use the said lands as
a public park and to permanently name and refer to the same as
"Henry L. McMullen Park."
IN WITNESS WHEREOF, the said p~rties of the first part
have hereunto set their hands and seals as such co-executors
-2-
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O.R. 3159 ftQ 100
and have caused these presents to be delivered on the day and
year first above written.
Signed and Sealed
Our :Presence:
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STATE OF FLORIDA
COUNTY OF PINE'LLAS'
fhr-rx ,,2 /17. 7h.~d1e ~.,JSEAL}
Eva Terry Mc, len
~~~(SEAL)
Birton E. McMulle
~ ~h#$~/~
~ . Mitchell McMullen ....
(SEAL)
AS CO-EXECUTORS OF THK ESTATE OF
HENRY LAURENCE McMULLEN, DECEASED.
and EVA TERRY McMULLEN, individually,
an unremarried widow
Before me, the undersigned authority, personally appeared
EVA TERRY McMULLEN, who, being well known to me to be the person
described in and Who executed the foregoing, acknowledged to me
that she executed the foregoing Deed for the purposestbe1;'ein
expressed.
IN WITNESS' WHEREOF, I
official seal on this ~ \~t""
Mv Commission Expires:
'tl"tary Public, State of Florida at Large
;":y Commission Expires Nov. 21, 1973
80nded by Transamerica Insurance Co.
STATE OF FLORIDA
COUNTY OF PINELLAS
have hereunto set my'hand",\atid',
day of ~~~~ . :;~'<~'~.7,>.~197;2:;
. ,- -.; " t.'~ i --; ;C"
Ma",. C-. ~.-A''0V't:_tJ "I;: "i.;';; /_,
Nota/~ublic ........ . ~~ -;;.\,
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Before me, the undersigned authority, personally appeared
BIRTON E. McMULLEN, who, being well known to me to be the person
described in and Who executed the foregoing, acknowledged to me
that he executed the foregoing Deed for the purposes therein
expressed.
IN WI TNESS WHKREOF, I
official seal on this ~pt
My Commission Expires:
f FI ida at Large
Notary Public, state? Nor v 21 1973
M commission Expires o. , C
8o~d by Transamerica Insurance a.
have hereunt<2, set my hand and
day of f~~~ .. w~,,;:l9q4..
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u.R. 3759 PAGE'101'
STATE OF LOUIS'IANA
PARISH OF ORLEANS
Before me, the undersigned authority, personally appeared
J. MITCHELL McMULLEN, who, being well known to me to be the person
described in and who executed the foregoing, acknowledged to me
that he executed the foregoing Deed for the purposes therein
expressed.
IN WITNESS WHEREOF, I
official seal on this /tJ
have hereunto set my hand and
d~~~~ 1972.
~. g
Notary Pul5lic
. ]JoI1f Commission ~
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DOCUMENTAR~;.]~.i~-?;.;;ST/!.MP lAX I
~EPT. o~ REVENUElfBl~ I
== PB, - APR-4'72 \~) 4 34. I 0 I
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WIGHTMAN, ROWE, WEIDEMEYER, JONES & TURNBULL
ATTORNEYS AND GOTJNSELLOHS AT LAW
JOHN WILTON ROWE (1914-1972)
319 SOUTH GAROEN AVENUE
WILLIAM S,WIGHTMAN
CARLETON L, WEIDEMEYER
MILTON D,JONES
JOHN TURNBULL
CLEARWATER, FLORIDA 33516
(813) 442-3176 '446-1160
JERRY C, COBB
JAMES G, YAEGER
RICHARD A, ROSSI
April 2, 1975
BY APPOINTMENT ONLY
Herbert M. Brown, Esquire
city Attorney
city Hall
Clearwater, Florida
Re: Estate of Henry L. McMullen
Sale to City of Clearwater
Dear Mr. Brown:
Through our offices the estate has reviewed the final
installment of principal and interest under the city promissory
note of April 3, 1972, payable to the estate, and I therefor
surrender herewith the original thereof.
Milton D. Jones
MDJ:ath
Enclosure
cc: Birton E. McMullen
Mrs. Henry McMullen
J. Mitchel McMullen
I
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WIGHTMAN, ROWE, WEIDEMEYER, JONES & TURNBULL
ATTORNEYS AND COUNSELLORS AT LAW
..JOHN WILTON ROWE (1914-1972)
319 SOUTH GARDEN AVENUE
WI LLlAM S. WIGHTMAN
CARLETON L,WEIDEMEYER
MILTON D,..JONES
..JOHN TURNBULL
CLEARWATER, FLORIDA 33516
(813)442-3176 '446-1160
..JERRY C,COBB
..JAMES G, YAEGER
RICHARD A, ROSSI
April 2, 1975
BY APPOINTMENT ONLY
Herbert M. Brown, Esquire
city Attorney
city Hall
Clearwater, Florida
Re: Estate of Henry L. McMullen
Sale to City of Clearwater
Dear Mr. Brown:
Through our offices the estate has reviewed the final
installment of principal and interest under the city promissory
note of April 3, 1972, payable to the estate, and I therefor
surrender herewith the original thereof.
Milton D. Jones
MDJ:ath
Enclosure
cc: Birton E. McMullen
Mrs. Henry McMullen
J. Mitchel McMullen
.-
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PROMISSORY NOTE
$ 102,000.00
Clearwater, Florida
April 3, 1972
For value received, CITY OF CLEAR WATER, FLORIDA, a municipal
corporation, does hereby promise to pay to the order of EVA TERRY McMULLEN,
BIRTON E. McMULLEN and J. MITCHELL McMULLEN, CO.EXECUTORS
OF THE ESTATE OF HENRY LAURENCE McMULLEN, DECEASED, at such
place or places as the payees may from time to time designate, the principal
sum of One Hunred Two Thousand Dollars ($102,000.00), plus interest thereon
at the rate of four per cent (4%) per annum, from date to the date of maturity.
The principal of this note shall be payable in three Equal annual installments
each of which shall be in the amount of Thirty-four Thousand Dollars ($34,000.00).
The first installment of principal shall be due and payable on April 3,
1973, and an installment of principal shall be due and payable on April 3
of each year thereafter until this note is paid in full. The interest on this note
shall be payable as it accrued upon the unpaid balances hereof, on each date
that an installment of principal becomes due and payable.
All or any part of the principal of this obligation may be prepaid without
penalty and with interest to date of payment only.
".
(":
This note represents the balance due on account of the purchase of
land from the payees.
,.
'.'
Now should it become necessary to collect this note through an attorney,
the City of Clearwater hereby agrees to pay all cost_s of such collection,
including areas ona ble attorney's fe e.
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Approved as to form & orrectne s s:
:(~~~
City Clerk
RETURN TO:
CITY CLERK
P. o. n(.;x 4748
CLr~Ap\.,.,.\r,':-l', r','\ ~1~~18
Ui <-0 S--;;;[ATE OF--F-LoRIDAi
~~ '" DOl.UMk:NT^R~. O'.~"-,--.,....-;.> STAMP TAX I
w'" ~EPT. o~ REVENUE ~r~~t.:~~~i1~l~~ f
~8 0') = = i~r.t: ...., ~'
lr) == P.8. - A?R -4'72 \~.';~".;~c!, I 5 3. 0 0 I
= =10534 ~ r
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Mil ton D. Jo nes
Attorney at Law
First Federal Building
Clearwater, Florida
CLOSING ~TATEMENT
-
April 3,
MlriimC 1972
In Ita I Sale of S~ of SW~ of SE1..t, See. 18, T 29 S, R 16 B
Seller 8 Estate ot Henry Laurence McMullen, Deceased
Buyer t City of Clearwater
SELLING PRICE J
20.379 acres @ $7,100.00
per aore
ADJUB:rfl1ENTS AND PRORATIONS.
.
Buyer's share of 1971 tax of
. f801.24, paid by Seller, 8/6/71
to 12/31/71, add
Adjusted Selling Price
SETT~MEN'!-I
Binder received
Cash due at-closing
Purchase note
$ 100.00
42,913.58
102~OOO.00
$ 145,013.58
SELlER'S EXPEHSES t
j 7=
None
BUYER'S EXPENBESI
....
Title Insurance premium
/. Document.ary stamps, deed
, Surtax stamps, deed
J)ocumentary stamps, note
$
716.00
434.10
159.50
153.00
1,462.60
$
~U~RY OF CASH EXCHANGES AT ems IN~.
Due Seller:
Cash due at. closing by check
payable to Es ta te of Henry L.
McMullen, Deceased
>>us P rom Buver I
Cash due at closing
Add Buyer's Expense
~- .- ~
"'-'. '.
$,144,690.90
322.68
$ 145,013.58
~ 145.013..58
"
$ 42.913.58
, .42,913.58
1.462.60
$ 44,3'76.18
.
<'.."..,....'~ ,'w.._:. . .,
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,
WIGHTMAN, ROWE, WEIDEMEYER &. JONES
ATTORNEYS AND COUNSELLORS AT LAW
3!9 S.GARDEN AVENUE
WILLIAM S, WIGHTMAN
JOHN WILTON ROWE
CARLETON L.WEIDEMEYER
MILTON D, JONES
JOHN TURNBULL
CLEARWATER, FLORIDA 33516
PHONE 442-3176
7 February 1973
Honorable R. G. Whitehead, City Clerk
City of Clearwater
Post Office Box 4748
Clearwater, Florida 33518
Re: Purchase of property in Section 18-29-16 by City of Clearwater
from Estate of Henry L. McMullen
Dear Mr. Whitehead:
Enclosed is the original Owner's Policy No. 722453F from Chelsea Title
and Guaranty Company in the sum of $144,690.90, effective 4 April 1972 at
4:26 p. M., and dated 6 October 1972, covering property described as:
"The South One-Half (S 1/2) of the Southwest Quarter (SW 1/4) of
the Southeast Quarter (SE 1/4) of Section Eighteen (18), Township
Twenty-Nine South (T 29 S) Range Sixteen East (R 16 E), Pinellas
County, Florida."
This property was conveyed to the City of Clearwater by Executors' Deed
dated 3 April 1972, filed at 4:26 p. M. 4 April 1972 in O. R. Book 3759, page 104,
of the Public Records of Pinellas County, Florida.
Very truly yours,
'''l; \ -h>n )). :r~~
"l"Cw
Milton D. Jones
MDJ:mw:ah
Enclosure
Copy to Hon. Herbert M. Brown, City Attorney
~'~~~~~~~~~~~~~~~~~~~~'~f,j~~~~~~~
~ r ~
'~ - OWNER'S POLICY - ff1~
~ ~
~ ~ I C7 I /? ~ ~
~ Lhe l,sea JUle anJ '::Juaranfg Lompang ~
~ ~
~ HOME OFFICE, ATLANTIC CITY, N. J. RECEIVl!D ff'tA
~ t]
~ FEB 8 1973 ~
~ ~
~ CITY ~LERK: ~
~ App. No.....J?.t.€?9..~,}........... Amoun&.~~.~A~.~9.~.~.q.. Wi! 722453 F !~
~I Binder #119746 tf~
~ ~
~ This Policy of Title Insurance Witnesseth: That the Chelsea Title and Guaranty Company, herein ~
~rr1? called the Company, in consideration of the payment of the premium for this Policy, does hereby covenant and ;~
; ag'" that It will pay to i
~ CITY OF CLEARWATER ~
~ ~
~ hereinafter called the Insured, the heirs, devisees, or personal representatives of the Insured, all loss and damage ff'tA
~~ not exceeding ----u---ONE HUNDRED FORTY FOUR THOUSAND SIX HUNDRED NINETY AND 90/100- ~
~ -----u-------u---------u----------------u---------_Dollars ($ l44,69Q.90 .), ~
~ which they, or any of them, shall sustain by rea$Qn ~f any defect or defdcts in the title of, the liisured to the ff'tA
~~ estate or interest of the Insured in the real estate described under Schedule A, hereto annexed, or by reason ~
~ of liens or encumbrances against the same as of the date of the final examination of the title thereto, to-wit: ~
~ April 4, 1972 at 4:~6 P.M. ff1~
~rr1? which date shall be deemed the effective date of this Policy, excepting the defects, estates, interests, objections, ~
~ liens or encumbrances mentioned in Schedule B, hereto annexed, or excepted by the conditions or stipulations of ffl~
~ this Policy hereto annexed and incorporated herein as a part of this contract. Any loss hereunder shall be established ~
~~ and the amount thereof ascertained in the manner provided in said conditions and stipulations and be payable upon ~
~ compliance with the provisions of same and not otherwise. ff'tA
~ ~
~~ This Policy shall not be binding until it shall have been countersigned by an authorized signatory of the ~
~ Company. ;TO.
~ t]
~ In Witness Whereof, C~.f,.a 5i11. aftJ qua"".t, ~
~ Compan'l has caused these presents to be signed in facsimile by its duly ff'tA
~ authorized officers and its corporate seal to be affixed in accordance with ~
~~ its By-Laws, this the 61:h day of ~
~ October, 19 72 ff'tA
~ /? /) C7 /) /"l /? t]
~ C'l.et6ea JUte anl yuaranly Company ~
~ ~ ~
~ . ,/~ ~
~ President ~
i ~~'ad,[Lfl ATTEST: ~-- a~ ~ i
~ Authorized Signatory ~
~ ROSALIE A. HURFORD, Assistant Title Officer, Clearwater Office ~
~~~~~~~~~~~~:~~~~~:~~~~~~~~~~~~.~t]
Florida-2-Form 2S
I
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SCHEDULE A
App. No.",J~"q~,.?,.,.....,.,.
Policy No. : 722453
Insured:
CITY OF CLEARWATER
Effective date: April 4,1972 at 4:26 P.M.
Amount of liability: $144,690.90
1. The estate or interest of the Insured in the real estate described below covered by this
Policy is
FEE SIMPLE
2. The deed or other means by which the estate or interest covered by this Policy is vested in
the Insured is described as follows:
Executors' Deed executed by Eva Terry McMullen, Birton E.
McMullen and J. Mitchell McMullen as co-executors of the
Estate of Henry Laurence McMullen, Deceased, and Eva Terry
McMullen, Indiv~dually, an unremarried widow, in favor of
the City of Clearwater, a municipal corporation, dated
April 3, 1972, filed April 4, 1972 at 4:26 P.M. in O.R.
Book 3759, page 104 of the Public Records of Pinellas
County, Florida.
3. Description of the land in. which the Insured hasthe~state or interest covered by this Policy.
The South One-Half (S~) of the Southwest Quarter (SW~) of
the Southeast Quarter (SE~) of Section Eighteen (18),
Township Twenty-Nine South (T 29 S) Range Sixteen East
(R 16 E), Pinel1as County, Florida.
Countersigned:
~g8bo~WA A. HURFORD, ssistant Title Officer
I
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.
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.
SCHEDULE B
"!",}s ~~.olicy does not insure against loss or damage by reason of the following':
1. Rights or claims of parties othe,r than the Insured in actual possession of any or
all of the property. .
2. Any variation in ,location of lines or dimensions, deficiency in quantity of ground,
or any state of fact which an acceptable survey would disclose, or which are visible
or are known to the insured. .
3. Rights of way and easements over, a~ross, above or below the surfac~ of the land not
disclosed of record or arising by necessity or implication. .
4. Possible unfiled mechanics' and materialmen's liens.
5. All assessments and taxes for the year 1972 and. all subsequent years.
6. Liability for municipal improvements made or authorized but not assessed.
7. Subject to all unpaid special assessments, if any.
1
NOTE: Eas~ent Agreement dated September 5, 1957 made by and between Henry L.
McMullen ardJ. Eva Terry McMulllen, his wife and Sorin Realty Cdrporation,
recorded September"'~ 1957 in O.R. Book 168, page 120 et seq., of the
Public Records of Pinellas County, Florida, servicing insured premises
for access to Gulf-to-Bay Boulevard. This Policy does not insure the
Title nor the right to use orthe present force and effect of said,
" ,
easements. '
J
Form No. 22-B
...'-"---'~
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...:-..--.-..........-----==--.--... - -~
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I
CONDITIONS AND STIPULATIONS OF THIS POLICY
1. The Company shan have the right to, and will, at its own cost and
expeme, defend the title insured by this Policy in any actioD of eiectmeDt or
other action or proceeding founded UPOD a claim of title, eDcumhrance or defect,
which existed, or is claimed to have existed prior in date to the effective date
of this Policy, and not excepted herein. In case any such action or proceeding
shan be begun, it sban be tbe duty of the Insured at once to notify the
Company in writing of the fun particulars thereof and secure to the CompaDY
the right to defend such action or proceeding in the name of the Insured and
to give an reasonahle assistance therein. Failure to notify the Company as
aforesaid at its Home Office, within ten (10) days after process or notice in
such action or proceeding shan be served upon the Insured, shan operate as a
fun release and discharge of the Company from any and an liability with
respect to the subject matter of such action or proceeding; provided, however,
that failure to notify the Company as aforesaid shan not prejudice the claim of
the Insured if the Insured shan not be party to such actioD or proceeding; nor
be served with summonses, process or notice therein; nor have any knowledge
thereof. The Company reserves the option of settling the claim or paying the
Policy in fun; and the payment, or tender of payment, to the fun amount of
tbis Policy shan operate as a fun release and discharge of the Company from
any and an liability under this Policy.
2, Whenever the Company shan have settled a claim under this Policy, it
shan be subrogated to the rights and remedies of the Insured against any other
person or property in respect to >he subject matter of such claim and the
Insured shan transfer or cause to be transferred to the Company such rights,
securities and remedies and permit the Company to use the name of the
Insured for the recovery thereof. Any sum conected on such rights, securities
and remedies over and above the amount of loss paid by the Company shall
belong, and on dema"d shall be paid to the Insured. The Insured warrants that
.,uch rights, securilies and remedies shan vest in the Company unaffected by
any act of the Insured,
3, Nothing contained in this Policy shan be construed as insuring against
loss or damage by reason of fraud on the part of the Insured, or by reason
of claims arising under any act, thing, or trust relationship done, created,
suffered or permitted by the Insured; or by reason of tbe fact tbat the Insured
was not a purchaser for value, or that the acquisition of the estate or interest
hereby insured contravened the laws of the United States establishing a uniform
system of bUilkruptcy; or against the rights of dower and homestead, if any, of
tbe spouse of the Insured; nor will the Company be liable in any event for any
loss or damage arising from the refusal of any party to carry out any COD tract
to purchase, lease or loan money on the estate or interest insured,
4, A statemenl in writing of any loss or damage for which it is claimed the
Company is liable shan be furnished to the Company within sixty days after
such loss or damage, and DO right of action shan accrue under this Policy uDtil
thirty days after such statement shan have been furnished and no recovery
shan be had under this Policy unless action shan be commenced thereon within
one year after the expiration of said last mentioned period of thirty days; aDd
a failure to furnish such statement of loss or damage, and to commence such
action within tbe time hereinbefore specified, shall be a conclusive bar agaiDst
the maintenance of any action under this Policy.
. 5, All payments under this Policy, or any owner's policy issued to the
Insured's vendee or vendees covering any part of the property described herein,
~hall reduce the amount of insurance pro tanto, and DO payment can be
demanded without producing the Policy for endorsement of such paymeDt, If
the Policy be lost or destroyed, indemnity satisfactory to the Company must be
furnished, It is expressly understood and agreed that any loss payable UDder
this Policy may be applied by the Company to the paymen t of any mortgage
mentioned in Schedule B, tbe title UDder which is insured by the Company, or
which may be held by the Company, and the amount so paid shall also be
deemed a payment to the Insured under this Policy. The aggregate liability
of the Company under the, Policy and any policy issued to the holder of such
mortgage shall not exceed the amount of this Policy.
I
6. Nothing contained in this Policy shall be construed as insuriDg (1)
against the consequences of any law, ordinance, or governmental regulation
(including building and "zoniDg" ordinaDces) limiting or regulating the use or
enjoyment of the property herein described or the character, dimensions, or
locations of any improvements erected or to be erected thereoD, or (2) against
the consequences of the exercise or attempted exercise of "police power" or the
power of "eminent domain" over said property, or (3) the title to any persoDaI
property, whether the same be attached to or used iD connection with the
property hereby insured or otherwise, or (4) the title or rights of the Insured
in any property beyond tbe line of the property described in Schedule A, or
in any streets, roads, avenues, lanes or ways in said property or upon which
said property abuts, or to tide lands or laDds comprising the shores and bottoms
of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the liDe of the
harbor or bulkhead lines as established or changed by the United States
GovernmeDt, or to filled iD lands or artificial islands or riparian rights, or (5)
that the buildings or other erections on the property comply with State aDd
~funicipal laws, regulations and ordinances, or (6) agaiDst loss or damage
by reason of mechanics' or materialmen's liens, liens of contractors, sub.
contractor3 or other liens arising out of the construction or repair of buildings
and improvements on the property, the title to whicb is hereby insured, Dot
filed or of record at the effective date of this Policy, or (7) against loss or
damage by reason of the rights, titles or occupancies of parties in actual posses-
sion of any or all of the property herein described at the effective date of this
Policy, or (8) the acreage or area contained in a given tract, nor accuracy or
location of boundary lines, nor the location or cODtiguity of the interior lines
of any parcels making up such property, unless an accurate survey of the
property described is furnished, or (9) against acts dODe or suffered by the
Insured and DOt disclosed by the applicatioD UPOD which this Policy was issued.
7, Tbe Company shall not be liable hereunder for the cost and e:<pense
incurred in the satisfaction or removal of liens upon or objections to the tille,
which were found upon examination of title to exist at the effective date of
this poncy, but which shall have been satisfied or removed prior to the date of
the actual delivery of this Policy.
8, If the property described in Schedule A is divisible iDto separate
independent parcels and a loss is established affecting one or more of said
parcels, the loss shall be compu ted and settled OD a pro rata basis as if the face
value of this Policy was divided pro rata as to the value of each separate
independent parcel, exclusive of the improvements made subsequent to the date
of tbis Policy, to the whole.
9, Defects and encumbrances, arISIng after the effective date of this
Policy, or created, suffered, assumed or agreed to by the Insured, aDd tues and
assessments which have not become liens up to the effective date of this Policy,
or which, although they have become liens, are not payable until some future
date or in future installments, are not to be deemed covered by this Policy;
and no approval of any transfer of this Policy shall be deemed to make it cover
any such defect, encumbrance, taxes or assessments,
10, Any untrue statement made by the Insured, or ageDt of the Insured,
with respect to any material fact; any fraud perpetrated; any suppression of or
failure to disclose any material facts; any untrue aDswer by the Insured, or
the agent of the IDsured, or the agent to the IDsured, to material iDquiries
before the issuiDg of this Policy. shall void this Policy.
11. The term "the Company" as herein used, means CHELSEA TITLE
AND GUARANTY COMPANY, and the term "the Insured" means the perSOD
or persons in whose favor this Policy is issued.
12. No officer, agent or other represeDtative of the COmpaDY, shall have
the power to waive any of the conditions or stipulatioDs of this Policy, except
the President or one of the Vice-Presidents of the CompaDY, and such waiver,
if any, shall be written UPOD or attached hereto.
This Policy necessarily relates solely to the title prior to and including its "effective date" as herein defined.
This Policy is not transferable to subsequent owners. A Reissue Policy in favor of new purchasers should be
obtained.
'\
~~~~~~~~~~~~
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~~ Amount Insured ~
~ ~~
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~ guarani, Compan, ~
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~r.R Home Office ~
(;4r~"; ffl~
~r.R Atlantic City, N. J. ~
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be
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G helsea
Title and. . Guaranty
HOME OFFICE, ATLANTIC CITY, N. J.
INTERIM TITLE INSURANCE BINDER
Company
File #15,695
No. 11 9 7 4 6 B
r
TO: CITY OF CLEARWATER
DATE
December 2, 1971
at 5 :00 P.M.
THE ESTATE OF HENRY L. McMULLEN
SCHEDULE "A"
Legal description of the real estate referred to in this Binder:
The South One-Half (~) of the Southwest One-Quarter (~)
of the Southeast One-Quarter (~) of Section 18, Township
29 South, Range 16 East, according to the map or plat
thereof recorded in the Public Records of Pinellas County,
Florida.
SCHEDULE "B"
Requirements to be complied with before Policy of Title Insurance will be issued without exception
thereto: Item 1: Proper disbursement of consideration for the estate or interest
to be insured.
Item!. Proper documents creating or affecting, the estate or interest to be insured which must be
executed and duly filed for record, to-wit:
(a) Executors Deed describing property as in Schedule "A" herein
to be executed by Eva Terry McMullen, Birton E. McMullen and
J. Mitchell McMullen as co-executors of the Estate of Henry L.
McMullen, Deceased, in favor of the City of Clearwater.
(b) Proof that the within transfer and sale is made in a complliance
with that certain Order authorizing sale and contract of sale
on file in the Probate Records of Pinellas County, Florida as
No. 39,814.
SCHEDULE "c"
Exceptions to be recited in Title Insurance Policy when issued:
1. Rights or claims of parties other than the Insured in actual possession of any or all of the property.
2. Any variation in location of lines or dimensions, deficiency in qu....ntity of ground, or any state of fact which an acceptable survey would
disclose, or which are visible or are known to the insured.
3. Rights of W:I}' and casements oycr, across, abo\'c or below the surface of the land not disclosed of record or arising by necessity or implication.
4. Possible unfiled mechanics' and materialmen's liens.
5. All assessments and taxes for the year 19.........1.2.........and all subsequent years.
6. Liability for municipal improvements made or autn<>rized but not asseBsed.
7. CnnAi+-i.n.'n,-", ................i~...:..,<n" .........,~_..~4-:,~ 1'~'.. 4-' ~ 'lUll i tg naAhl'Jit 111 i fir Iitili1:i8iJ. HRs TR if Ulttil'& 81' l&J IiI Ii FiliI" Dr J110llil, RD fg)h'W'BI
8. Subject to all unpaid special assessments, if any.
FORM 70
....... .., ' ,-...... ,
I . ~ I
Chetea :Jilt anJ (j~aranf'j Compan'j
Home Office Atlantic City, New Jersey
N~ 65612 E
File 4t15695
ENDORSEMENT
Attached to and forming a part of ~ - Binder) No. 119746
CI...ltla :Jill. anJ(Jual'4nt'l Compan'l insuring CITY OF CLEARWATER
of
The following note is hereby made a part of said binder:
NOTE: Easement Agreement dated September 5, 1957 made by and
between Henry L. McMullen and Eva Terry McMullen, his wife, and
Sorin Realty Corp., recorded September 9, 1957 in O.R. Book 168,
page 120 et seq., of the Public Records of Pine11as County,
Florida, servicing proposed insured premises for access to Gu1f-
to-Bay Boulevard. Policy will not insure the title nor the
right of use or the present force and effect of said easements.
(Copy attached)
ALL OTHER ITEMS REMAIN IN FULL FORCE AND EFFECT.
Nothing herein contained shall be construed as extending or changing the effective date of said (policy-
binder) unless otherwise expressly stated.
This Endorsement shall not be valid or binding until countersigned by an authorized signature as desig-
nated below.
COU~?P1f1l
By
Authorized Signatory
LeRoy H. Stampf1e
Form 105 . R 3/68
IN WITNESS WHEREOF, e~elea :Jufe and guarant'!
eompan,! has caused its corporate name and seal to be hereunto affixed
by its duly authorized officers, in facsimile this 30th day of December 1971 j
e~elea :Atfe and (Juarant'! eompan,!
~/~~
President
L\...~.R1_.b.., a~/'V,~'\.."
Secretary
IllEGIBLE
ORIGINAL