ROBERT & ESTELLE SCHMID
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Title & Trust Company of Florida-No, T-112 1
American Land Title Association Owner's Polley ,_Standard Form A - 1962
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a Florida corporation, hereinafter called the Company, for a valuable consideration paid for this
policy of title insurance, the number and date of which are shown in Schedule A, does hereby .in-
sure the parties named as Insured in Schedule A, the heirs, devisees, personal representatives of
such Insured, or, if a corporation, its successors by dissolution, merger or consolidation, against loss
or damage not exceeding the amount set forth in Schedule A, together with costs, attorneys' fees
and expenses which the Company may become obligated to pay as provided in the Conditions and
Stipulations hereof, which the Insured shan sustain by reason of:
any defect in or lien or encumbrance on the title to the estate or interest covered hereby in
the land described or referred to in Schedule A, existing at the date hereof, not shown or
referred to in Schedule B or excluded from coverage in Schedule B or in the Conditions
and Stipulations; or lack of a right of access to and from the land;
all subject, however, to the Conditions and Stipulations hereto annexed, which Conditions and
Stipulations, together with Schedules A and B, are hereby made a part of this policy; all as of the
effective date of this policy,
IN WITNESS WHEREOF, Title & Trust Company of Florida has caused its corporate name and seal
to be hereunto affixed and this policy signed by two of its duly authorized officers in facsimile,
mUle & iitrUl1t Qtompany of 3JUoriba
4%~~.
(Not valid unless countersigned)
ttL
(Facsimile)
Secretary
PINELLAS COUNTY TITLE COMPANY
BY: $lculM U;. ~,
Authorized Signature Vice-President
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SCHEDULE A
NO. FE 1 4 5 9 8 7
DATE September 22, 1969
AMOUNT $ 60,000.00
INSURED
CITY OF CLEARWATER,
a Florida municipal corporation
1. The estate or interest in the land described or referred to in this schedule covered by this policy
is:
FEE SD\ilPLE
2. Title to the estate or interest covered by this policy at ilia date hereof is vested in the Insured.
WARRANTY DEED from Herbert J. Stemale and Ruth Stemmle, his wife,
-to- City of Clearwater, a Florida munic1pal corporat1on, whose
~ailing address is: 112 S. Osceola Ave., Clearwater, Florida,
dated August 15, 1969 and filed for record September 22, 1969, as
Instrument /69089889, in the office of the Clerk of the Circuit
Court in and for Pinellas County, Florida.
(Note: $180.00 State Documentary Stamps and $66.00 State
Sur Tax Stamps attached and cancelled.)
3. The land referred to in this Policy is situated in the County of Pinellas
State of Florida, and is described as follows:
PARCEL 1:
Lot Two Hundred Thirty-Eight (138) of HIGHLAND LAKE
SUBDIVISION FOURTH ADDITION, Plat Book 30, Page 97,
Public Records of Pinellas County, Florida;
LESS AND EXCEPT the East 5 feet thereof.
PARCEL 3:
Parcel A: North Seventy-eight (78) feet of West Seventy-
six (76) feet of East One Hundred Seventy (170) feet of
Lot Four (4) in Block "0" of OAK ACRES ADDITION, according
to map or plat thereof as recorded in Plat Book 32, Page
70 of the Public Records of Pinellas County, Florida.
ALSO an Easement for the purposes of ingress and egress
over Parcel B, a strip immediately East of the tract above
described as Parcel A said strip being Ten (10) feet in
width and Seventy (70~ feet in length and is more particularly
described as follows:
Parcel B: Begin at the Northeast corner of the said above
described tract, Parcel A, and thence run South along the
East Boundart,Of said Tract a distanceo! Seventy (70) feet;
thenc.e East en (10) feet, thence North .event1 (70) feet
to the North Boundary Line of said Lot ~ur (4), thence
West to the Point of Beginning.
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Robert C. Schmid and
hus band and wife and
Lawrenoe M.Miohelson
husband lind wit'e
D~vLAHArlON Or'
RESTRIc'r.r()~W F'QR O~
ACRES ADDI'fION
Datod: l"eb. ,19,1(),4
~stelle M. ~o~~ld,
Ack: Feb. 19,17,4
and ~line Michelson,
Filedl l"eb. 23,1,),4
12016)A
INSTRUMENT
No.
':\
WHEREAS; the said rlobert C.';;>>chmid and .t.stelle M.SClllaid and Lawrel1c~ :
M. ,.iichelson and Aline jlichelson are thEt fee sl;llple ownerll 01' the ,.\. !
following desorlbed property 8i tUl)ted in Plnellas ~ountl, Florida: '.1
/All 01' OAK. ACRES ADDITION, ,
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#7(f1 accorJing to map or plat thereof a s rec orded in Plat Book 32
Page 10, 01' the Publlc Records ot' Pinellas l.Iounty, l"lorlda,
and
WHER,C;AS, said owners are desirous 01' subjecting all 01' said propertJ
tocertain restrictions, as hereinafter set forth.
.
HOW THERKI:'ORE, this indenture witnesseth that said owners do
here by i:npose the followlng restrlctions on the said OaK Acres
AdJitlon:
1. 'rhe a bove described property shall be used for resluential
purpose only, and only one single 1'a;oi11 dwelli ng, or one 8i1161e
ra~ilJ dwelling aud servants' quarters, shull be erectod on aoy
pcH'C el 01' the s a::le. No servants' quarters, iF' rage or ou tbl1ilJlngs
'0.1' any Kind or nature SHull be- 6rected or c'on~tru.cted pri or to the
construction 01' the dwelling.
2. No dwelling shall be constrllcted having less than 900 sql.lare
feet 01' grcllnd floor area exclusive 01' porches, terraces and gara :e.
3. '!'he lots herelnaboNe described shall not at any time 0 e sub-
divided or sold except each lot a s a Whole, bLlt tais restriction
shall n t prevent the owner from conveying any part of any lot to
the a dJoining owner or owners.,
4. do trailer, tent, Bsrage or other out-building shall a t any
ti"~ ~ used as a reslJence temporarily or pe~uaneotly, now anall
any rosiuence 01' a temporary character be permit teu. 1~0 struc tllre
01' anyKinu shall be 1l10ved onto any part 01' the a bove de scri bed
property.
5. No builu'lng shall be erected nearer to the front lot line than
30 feet, nor nearer than 1, feet to any side street 11ne, nor
nearer than 11 feet to the side lIne 01' any building lot.
6. A perpetual e asernent ls reserved over the rear 3 feet ot' e 8ch lot
1'or utility in~tallotion and ~aintenance.
1. No animals, poultry or other live stock Shall be kept or raised
on any 01' said lots, uut this covenant shall not be uea:ned a. pro-
oi oi ting the Keeping 01' cats and dogs as llouseholu pets.
8. k'lans and specifications for all builJings or 8 trl1ctures Which
the owner cont*mplates building or placing on said lots are sub-
ject to approval 01' the present owners, or their lissign. or their
dilly authorized agent.
Return to
(see sheet #2)
riOPKP"-" .or PINu.LA8 COUNTY TlTLK COMPANY~
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INSTRUMENT
No.
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Declaration of Restrlc-:)
tions for Quk Aores
J~di tions
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120163A
!"iledz, Feb. 23,1154
9.. These covenants and restriotions shall run with the land a nd shall
be binding on allparties and persons claiming under them unt~l I
January 1, 1985, at which time said covenants and restrictions l
shsll terminate unless t~ legsl owners of .t le.st 75_ or the lot. .
in said subdivision shall eleot tl) continue all or part of them 1
for a period to be determined by said owzaars, and shall as t ablish }
this intention by aproperlt;executed InB~ru~ent in writing, I,'
which shall be recorded in the place and in the manner provided tor ~
at that time. \
10" If any person,firm or, oor.poration or their heirs or assigns '
shall violate or attempt to violate any of these restriotions, it 1
shall be lawful for anl~other perlson'10r persons owning any pa~ti .1
or parcel of the 8 bove uescribed anu to prosecute any proceeu 088 ,
at law or in equity against the person or persons violating or
attempting to violate any restriotion and either prevent him or
them f ro,n so doing or to recover uamages 1'or suoh violation.
11. Legal invalidation ot any ona of these covenants by judgment
or cQurt order or otherwise, shall in no wise affect any ot the
other provisions which shall remain in tull foroe and etfect.
IN WITNESS WHER~OF. the parties aereto have aftixed their
signatures on the date atoresaid.
" SignedJ
Robert c. ~chmld ({No SealJ
Estelle M. ~crunid (No Seal)
Lawrence lvl.I'lUchels on
by ~obert C.uchmid (NO Seal)
his attorney in Faot
Aline Michelson
by Robert C.~ohmid (No ~eal)
,he~ Attorney in Faat
witnesses:
~yrtella MaoNeal
L. i.DouSlas
State ot Florida County ot Pinollas
Ack: F'e b. 19, 1954 by Robert C. ~chmid a nd ~stelle M. Schmid, his "ite,
and Robert C. Sohmiu as Attorney in Faot for Lawrenoe ti. ,1iichelaon
and lLllne Michelson, his wir., ahows personal appearance botor.
and iuentiflaation \allJ by ayrtella ~ac~eal. Notary ~ublio
state 01' F~orid8 at large My oommilsion expire. Jen 6,1~58
(Notarial ~eal) ,
Return ~a.l.r & uOl.lglallLttY8 at Law Clearwater, !o'la.
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PBOPEP-,' ('If PINBJ,"
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Robert C. Schmid and Estelle
M. Schmid and Lawrenoe'M.
Michelson and Alin. Michelson
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124224A
AMF.:UDMENT '1'0 RESTRICTIONS
ON OAK ACRES ADDITION
Dated Mar. 13. 1954
Ack Mar. 13, 1954
Filed Mar. 15. 1954
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INSTRUMENT
No.
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WTnrnEAS, RobertC. Sohmid and Estelle 1M. SChmid, and Lawrence
M. Michelson and Aline Miohelson being on February 19, 1954. the
fee simple owners of the following desoribed property situated
in Pin~ounty. Florida:
~ Allor Oak ADrea Addition, according to map or plat
thereof as recorded in Plat Book 32, page 70. or the
Publio Reoords of Pinellas County. Florida
did by instrument dated February 19, 1954. and recorded in Deed
Reco~d 1468, page 64, of the Public Records or Pinellas County
Florida,impose certain restrictions on said property, and
WHEREAS, said parties are still the owners ot all of said
property with the exception or .,""
~Lots Pive (5) and Thirteen (13) in Block "A"
or said subdivision
which said Iota have been 801d to the undersigned RaYMond V.
Simmer~~n and Helen L.Simmerman,his wife, and
WHEREAS, the undersigned now desire to amend paragraph 3 ot
said restrictions so that same reads or proVides as follows:
3. The lots.hereinabove desoribed shall riot at any tim&
be subdivided or sold exoep' each lot a3 a Whole, but this
restriction shall not prevent the owners rrom conveying any part
or any lot to the adjoining owner or owners. This r68t~iotion
shall not apply to .
j Lot Four (4) in Block "B" and
j-L~t Four (4) in Block "D"
which said lots may be subdivided or portions thereof Conveyed
providing the parcels so subdivided or cbnveyed are not less 1n
area than the area of the smallest lot in said subdivision.
IN WITNESS WHEREOF, the parties hereto have affixed their
signatures this 13th day ot 'March 1954.
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Deal I'RANKlJN 8. I'IIHJ:R and BERTHA 8. nBHJ:R, "Ia ril,
o/IM city of Clearwater , u. 1M COUllt~ 01 Plnt1...
tuttl /ItJt&U of "OfJ,dL part1, of 1M fin' ".", for Iiiui U. tJOUldnwMMt of ,..
~~1 "..~-:n1.,ttc:i:f~:;;'~.-,; ~ ~ ~ - -ioBERT-I: iTi.oiLf':'"
B'bTii C. ST MMLE, hi. I'."l
or Plntlu County tat. of norlda . ,.,." of.......
ptIrl, ,.. rw>>Ipt tiMtl1'.o1 N ~ .,,~,., .. 1r'M1MI. 6tJrttWud ,014 "..,...
Ie,.,.. lMG tNUHNtl, GNJ 6r UUJH """'fJt. u.. 1"'1.1", _Icsilt, HU, 1""';/'" ..
~ ..,. 1M MJU ,.",.,,.. uooll4 ".,.. 1M loIMfINalllHltU .... ~.
Bu'int..known.. HIGHLAND LAlCE WATER CO. (Itrot 1M.) and lnc!lud1nc aU
of tht boob and reeol'Cll thereof, bu.tn... name, and flxt1lru and equip.....
.. mort .peclficaUy delcrlbecltn tM tnVtnto.., attaehed ftW'Ud EJdalblt A....
) mad. a part bertol. and anJ and a11lppUrtenanc.., tanka. pu.... ...., 1.....
and trlMm..ion pipelin.. be'" . part tbtNOl. .
To Have and to Hold 1M""" -'" 1M Mid ,.,.", of 1M ~ "."
ItmJVtJ,.,
A1tdlwdou C(JW1ta.ltl to tJIId II1itla IM,aid pa.rly oflu IN ""~Qlt(l parl Ilt4Ilwu Uw
la.wlul OWfUI' of llu .aid 100d8 fUld clwJtleu; Ih4I lJuo" IUY' I"e IIYII" 4ll i""UMlJmruu;
tla4t Iw ha.6 load rilll.t to .,.u tile 6a~ tu alo".a.id, 4IId IIuU Iw I"ill IIIGI'r'IIIt' aU
tkluMl 1M .ah ol'tlU'I .aid prO/lerl". Iood6 ,.",d ,,1m1l,I. It""bf/ IIINk, 1",/0 'III MJMJ
plU'tg 01 ~ .flCOM part, alai,ut tlu w.u-/IU clai_ anti rk~ 0( aU p#1'HIU
wlwnwoeue,..
In Wilneu Whel'flOf, Iw ... Iw,..,.,. ... W. /talld ""tl MIl Ii.
, first ., of June , ill Uw ,..,. ... ",....".
.uu /uuuJ.1wl aM sixty-one.
8&peeL Sealed .... DeU.eioed .. Prr e. ee e6
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Coualy ol ' PINELLAS ~
. HEREBY CERTIFY. Thai 011 Ihill llag /H'I'Nomllly "P/N"".,.ti brIo" "'''. II"
01Jlcel' ttulg csulhllri:ed 10 adminule,. oatlul anti Il,ke ,.rbttJII,lt'tI,,,,,.,.IM,
rRANKLOf 8. FISHER and BERTHA S, 'fISHER, his wife,
'. " ' . " I~ 1ftI' Wl'll bow" 10 hi' thr /It'r.fJI. S "".rrilwd ill 1,,,tI II'It"
e.url(tt'fl 1M 1(1"'0;'" Rill of/i"k, atul they lIckmlll.lt'dlnJ. ""I",.,. ",,. "lifl
they. .,...ucuJlId Ihe ."'::1""" fUId, l'Olulllal'Ug Iflr lit" pllrptl6". IlaIIwill f!,rpn"MI.
WITN1:II mg hand o/!l4:ial uaJ at Largo
COII.IIIII 01 Plnellu, , aM Sial" 01 ~lorlda . 1IIi.t
1st d.tq 01 June , A. J). ", 81.
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INvsNTORY · BIGIILAII'D LAD w.na co.
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aoo . ft. a/4- Copper fl.&1WII
18'3/'" lUnIU)'l. Val..
11 0/4" OorporaUea OMU
1 I" Gate Vahe
10 3/"" Stop Vain.
o raU p1eGe. tor ......r.
1 1/1" Gate ValY. '
. a/4" Bra.. Conne.......
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1 Let. HtI.. Dra.. PtU1a:a
1 Lot H18o. 1'0011 ("aJtllilla ".hi....,
a Q" x 3/4- Saddlo.
a 0" x.- Saddle.
30 a- x 3/4- Saddle.
1 Lot Vip. CUtter.
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1 Lot Valve Do~o. QnQ .~ttill;'
10 :lote:- JJo:;os
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1 IAt :J1sc. IJarts L'or Ch1ol.1na tor
1 .tot ~lootrlc 1)0;': l"u3o:.l
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TITLE INSURED
Policy Nd,.~'2..I.~~
WAR ..~...
DEED
DEED BOOK 1602
Pge. 133
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INSTRUMENT
No, 282860A
ESTELLE M. SCHMID, a widow of the County
of New Haven and State of Connecticut, and
LAWRENCE M. MICHELSON and ALINE MICHELSON,
husband and wife, Rf the County of St. Louis
and ~tate of Mis~J~ri,
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Da~d May 29, 1956
Ack. May 29, 1956
May 31 1956
Filed June l~, 1956
Consideration: $10.00 &. og Y'
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The South half (Si) of the Northeast quarter (NE1) of
the Northeast quarter (NE~) and
the Northwest quarter (NW~) of the Northeast quarter
(NE~) of the Northeast quarter (NE~) and
the West 150 feet of the Northeast quarter (NE~) of
the Northeast quarter (NE~) of the Northeast quarter
(NE~) and
the Northwest quarter (NW1) of the Northeast quarter
(NE~), LESS the West 522 feet of said Northwest quarter
.
(~w~) of the Northeast quarter (Ni~), all in Section
23, To~nship 29 South, Range 15 East; LESS AND EXCEPT
that portion of the tracts hereinbefore described
which have been included in Plats of OAK ACRES ADDITION
Including Unit 1 and Unit 2, said plats having been
recorded in Plat Book 32, page 70, Plat Book 34, page
31, and Plat Book 34, ~ge 63, of the public records of Pinellas
County.
Included, however, in this conveyance are the following lots as
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Sheet #2
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INSTRlJ1rBNT
No. 2828bOA
Warranty Deed
Filed: June 12, 1956
shown by said plats:
I I
.c'" Lots 8 and 10 in Block "A";
Lot 4, Less the West 121 i'eat thereof and also less
the East 130 feet thereof in Block "B"
Lot 1 in Block tIC";
and Lot 5 in Block "E", according to plat of Oak Acres
Addition. as Lecorded in Plat Book 32, page 70,01' said public
records.
.
Lot 10 in Block "Fn;
Lots 1, 2 and 3 in Block "G"j
Lots 1 and 6 in Block "R";
Lots 1 to 6 inclusive in Block "I" and
Lots 1, 2, 4, 5 and 6 in Block "J"; according to plat of Oak Acres
Addition, Unit I, as recorded in Plat Book 34, page 31, of said
public records.
Lot 15 in Block "E", according to plat of Oak Acres Addition,
Unit 2, as recorded in Plat Book 34, :.age 63, of said public records.
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The property hereby conveyed is subject to taxes for the year
1956, which said taxes have been prorated between the parties
hereto.
Lots 8 and 10 in Block "A"; Lot 4 Less the West 121 feet
thereof and also less the East 130 feet thereof in Block "B";
Lot 1 in Block "Cn; and Lot 5 in Block "En, according to
plat of Oak Acres Addition, as recorded in Plat Book 32, page 70,
of said public records, are subject to restrictions imposed by
instrument recorded in Deed Book 1468 on page 64, as amended by
instrument recorded in Deed Book 1471 on page 171, of the Public
Records aforesaid.
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Sheet #3
WARRANTY DEED
Filed: June 12, 1956
INSTRUMENT
No. 282860A
"As a part of the consideration for this conveyance the parties
of the first part covenant and warrant, that in the event the
parties of the first part sell the presently existing water
system establis~led in Oak Acres Addition, Oak Acres Addition
Unit 1 and Oak Acres Addition Unit 2, (inwhich system is included
the well, pumps and tank located on the North 78 feet of the West
76 feet of the East 170 feet of Lot 4 in Block "D" of said Oak
Acres Addition), the sale of said water system, including the well, J...
pumps storage tank, water lines and mains, and the real property
upon which the well, pumps and tank are located, shall be
subject to the following conditions:
.
(a) Party of the second part and its assigns shall have the ab-
solute right to layout a system of pipes, mains and conduits
for the supply and distribution of water throughout the lands
conveyed hereby and from time to time to tie in or connect
such pipes, mains and conduits to the said existing water syste~,
its pipes, mains or conduits at any convenient place of places
without the payment of any fee or cost to the .owners of said ex-
isting water system.
(b) Party of the second part and its assigns shall have the ab-
solute right at any time and from time to time to maRe any con-
nection for the supply of water to any lot laid out or to be
laid out on the lands conveyed hereby without the payment of any
fee or cost to the owners of said existing water system.
(c) The owners of said water system, their successors or assigns,
shall not make any charge for water or other service to the owner
of any lot laid out or to be laid out on the lands conveyed here-
by until an actual connection for and supply of water to each,
specific lot has been made upon such lot.
(d) The charge to be made by the owners of the existing water
system for wa~er or other services shall riot exceed $7.00 in
anyone month within a period of five years from the dateJ:t~,~of
ol) for service to anyone lot now laid out of hereafter la1,1 out'
.(Or hereafter laid ouf}in the lands conveyed hereby.
\e) An adequat,e water supply shall be furnished by the owners
of said existing water system to each and every lot now laid out
or hereafter laid out in lands conveyed hereby, except that
it shall not be necessary for said owners to lay additional water
pipes or mains within the area not presently subdivided.
(f) The owners of said existing water systemshall supply water,
as aforesaid to the lands conveyed by this deed without dis-
crimination in favor of the present users of the 'water system,
and shall not furnish water except to lands included in this deed
and Oak Acres Addition, Oak Acres Addition Unit 1 and Oak Acres
Addition Unit 2.
{g} The owners of said existing water system, their successors or
assigns, will not install or permit to be installed any water meters
,
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INSTRUMENT
No. 282860A
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WARRANTY DEED J
Filed: June 12. 1956'
#4
for the purpose of metering water sold to the owners of any of
the lands conveyed by this deed within a period of five years
from the date of this instrument.
(h) All of the agreements and conditions contained in the fore-
going subparagraphs (s) through (g) are covenants running with
the land upon which said existing water system is located and are
binding upon the parties of the first part, all future owners of
said existing water system and their respective heirs, legal
representatives, successors and assigns; subject only to the law~
ful exercise by a duly constituted governmental authority, such
as the City of Clearwater, of control over said existing water
system or its operation.
(i) The foregoing provisions in paragraphs (a) to (h) inclusive
shall be specifically included, in any contract of sale or for
sale of said existing water system.~
WARRANTY CLAUSE
.
Signed, sealed and delivered
in o~ pre sence ;
Mrs. Given McDonnald
Doris Cahill
Bemond O. Moser
Eleanor E. Cluley
Venue: State of Missouri County of St. Louis
Ack; May 29, 1956, by Lawrence M. Michelson and Aline Michelson,
husband and wife, (sep ack for wife omitted) showD personal
appearance before and identification (both) by Irwin R. Evertz
Notary Public My commission expires Oct. 25/57 (Notarial Seal)
(Note: seal shown: Irwin R.Evertz Notary Public City of St. Louis
Mo. ) .
Signed:
Lawrence M. Michelson (L5)
Aline Miche-lson (LS)
Estelle M: Schmid (L8)
Venue: State of Connecticut County of New Haven
Ack: May 31, 1956, by Estelle M. Schmid a widow, shows personal
appearance before and identification by Alfred B. Bowden! Notary
. Public My Commission expires April 1 1958 (Notarial Sea )
(Note: seal show;: Alfred B. Bowden NObary Public East Haven, Conn.)
(Note: $86.20 State Doc. & $95.15 U. S. Int. Rev. stamps attached &
cancelled)
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C MTGE 19
PAGl~ 241
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INSTRUMENT
No.
286426A \ DATED May 31, 19!r6
ACK June 4, 1956
., . May 31, 1956
FILED: June 28, 1956
OONSIDERATIONI$lO.OO
, og & vo
Estelle M.Schmld, a widow
and
Lawrence M. Michelson and A11ne
Michelson, husband and wite
TO
" ;
Maurice E.Gardner and Graoe B.Gardner,',
husband and wite (1736 Lakevl.w Road
Clearwater, Florida)
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That certain water plant now being operated by parti88 ·
ot t he first part in
Oak Acres Addition, Pinellas County, Florida,
and all equipment and machinery being used in conneotion there~1th
including the well, p~, tank, pipes and mains and all other
assets of s aid plant (said water plant 1s loated on a traot ot
land described as
the North 18 teet ot the West 16 teet ot the ~ast 170
feet ot Lot 4, in Block "D" ot Oak Aores Addition
according to plat thereof recorded in Plat Book 32, page 10 ot the
public records or Pinellas Uounty, Florida.)
'lhe sale and transfer of s aid water plant and eQ.lipment is subjeot
to the terms and conditions pertaining t 0 s aid water 8ys tem ond
incorporated in agreement dated May 12, 1956, between partiel et
the first part (nmned as Sellers in said agreement) and The A.
Kresse and ::)ons Building Canpany, a corpora tion (named aau-Purohasel'
in sald agreement) which sald terma and oonditions read'
"9. As a material part of the oonsideration tor this
contract it ls specifically agreed that in the e vent the lellers
sell the presently existing water system established 1n Oak Aores
Addition, Oak Acres Addition, Unit 1 and Oak Acres Addition Unit
2, (1n which system ls inoluded the ',,'ell, pumps and tank locatedcn
Lot 4 of Block D in said Oak Aores Addltion)
the sale of said water system, including the well, pumps, storage
tank, water lites and mains, and the real estate upon whlch the
well, pumps a nd tank are loca ted shall be subject to the follow1ng
condltio.'
(a) Purohaser and lts assigns shall have the absolute
right to lal out a system ot plpes, mains and ccndu1ts tor the
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Sheet #2
'JR
INSTRUMENT
No.
BILL OF S JfL E
r
FILEDI June 28, 1956
286426A
supply and distribution ot water throughout the lands which are the
subject ot this contract and fran t~e to t~e to tie in or conneo'
8uch pipes, mains and conduits to the said existing water system,
its pipes, mainm or conduits at any oonvenient plaoe or plaoes
without the payment ot any fee or 008 t to the owners of 8 aid
existing water system. -
(b) Purohaser and its assigns shall have the absolute rigb'
at any time and from t~e to time to make any oormec tion tor the
supply of water to any lot laid out or to be laid out on the lands
whioh are the subjeot to this contract without the payment ot any
tee or oost to the owners ot said existing water system.
(c) The owners of said water system, their sucoessors or
assigns, shall not make any chargo tor water or other servie'e to 1he
o~rner of any lot laid out or to bo laid out on the atorosaid lands
whioh are the subjeot ot this contract until an actual connection
tor andsupply ot water to each specifio lot has been made upon such
lot.
(d) The oharge to be made by the owners ot the existing
watel' system for wator or other services shall note xoeed ('7.00
in anyone month within a period ot f1 ve years trom the date of
closing out or hereafter laid out in the lands whioh a re~~~_subJeo'
01' this oontraot.
(e) An adequate water supply ahall be turnished by the
owners ot said e xis ting water sys tern to each and e very lot mw
laid o~ or hereafter laid out in lands which are the subjeot of
this contract, except that it shall hot be necessary tor said
owners to lay additional water pipes or mains within the area not
presently subdivided.
(t) The mmers of 8 aid e xis ting water ays t8111 sha 11 supp17
wa t er a s a tores aid to the lands 0 overed by t 1m con trao t wi thou 1;
discrimination intavor of the present users ot the water system and
shall not furnish water exoept to lands inoluded in this contraot
Oak Acres Add1. tion. Uak Acres Addi tion Un1 t 1 and Oak Acres Adclt10D
Uni t 2.
(g)'..Lbe owners ot said existing water system, their
suocessors or a ssians, will not install or permit to be installed
any water meters for the purpose ot metering water sold to the
owners ot any ot the lands involved in this oon trao t within a
period of rive years from the date ot closing this sale.
(h) All of the agreements and conditions oontained in
the foregoing subparagraphs (a:) through (g) are co'.renants running
with the land upon which said existing water sYf1tem is looated
and are binding upon the Sellers under this agreement, all tuture
owners of' said e ziE1ting water system and their respeotive heirs ,
legal r-epresentatives, suooessors and assigns, subjeot only to the
lawful exercise bya duly constituted governmental authority suoh
as the Ci~ ot Clearwater, of control over sald existing water
system or lts operation.
(1)~e foregolng provisions ot this paragraph 9 shall
'.
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Sheet #3
28642aA
BILL OF SALE
FILED I June 28, 19S6
INSTRUMENT
No.
1
if
j
be specifically inoluded ill ani COL1traot of 8 ale or tal' ..1.
of said existing water SJBtSR.
Warranty Claus'.
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Si[!ned, sealed and ~11 vered
in presence of
Bernard MarouB
HOI 'ard J. Holmes
Irwin R. Evertz
John J. Barnes
Signed' Estelle M. Sohmid (seal)
Lawrenoe M. Mlohellon (,eal)
Aline Miohelson (seal)
:~
l~
~.
Venue: State of Conneotiout, County of New Haven
Ack June 4, 1956 by Estelle M.Schmid ----
ShowS personal appearanoe before and identification b7.
Howard J. Holmes Notary Public, Oammission e~pires 3731/58
(NOTARIAL SEAL) tNotel seal ehow9' Duward J. Holmel, kotarr Publ10
New Haven, Oonn.) .
Venuel State of Missouri, County ot St.Louis
Ack May 31, 1956 by Lawrence M. Michelson and Aline Michelson,
husband and wire. Shows personal appearance betore and identifica-
tion (both) by Jas. S.Barnes, Notary Public, Term ex~ire.
NovEll1ber 4, 19S9 (NOTARIAL SEAL) (Note'. ea1 .bowsl J.I. H.Barn..
Notary Pub1io, .81;. Loui. County. MO.)
II
.
~
1.
3.
4.
6.
7.
8.
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SCHEDULE B
This policy does not insure against loss or damage by reason of the following:
2.
Possible encroachments, overlaps, deficiency in quantity of ground
or other matters not of record which may be disclosed by an accurate
survey and personal inspection of the premises.
Rights or claims of parties in possession of the premises not shown
by the public records.
Any unrecorded lien, or right to a lien, imposed by law, for labor,
material or services furnished to the property.
Taxes for the year 1969; and any taxes or assessments levied or
assessed subsequent to the date of this policy.
RESTRICTIONS imposed upon OAK ACRES ADDITION in Instrument filed for
record February 23, 1954, as Instrument #120763A, in the office of
the Clerk of the Circuit Court in and for Pinellas County, Florida.
(SEE ATTACHED RIDER FOR DETAIL) AND ALSO:
A~~NDMENTTO RESTRICTIONS on OAK ACRES ADDITION in Instrument filed
for record March 15, 1954, as Instrument #124224A, in the Public Records
of Pine lIas County, Florida. (SEE ATTACHED RIDER FOR DETAIL)
(Pertains to Parcel 3.)
BILL OF SALE filed for record June 16, 1961, as Instrument 11842452A,
in the office of the Clerk of the Circuit Court in and for Pinellas
County",. Florida. (SEE ATTACHED COpy FOR DETAILS) Pertains to Parcell.
5.
TERMS AND CONDITIONS recited in Deed dated May 29, 1956 and
record June 12, 1956, as Instrument #282860A, in the Public
Pinellas County, Florida. (SEE ATTACHED RIDER FOR DETAILS)
Parcel 3.
BILL OF SALE filed for record June 28, 1956, as Instrument #286426A, in
the office of the Clerk of the Circuit Court in and for Pinellas County,
Florida. (SEE ATTACHED RIDER FOR DETAILS) Pertains to Parcel 3.
filed for
Records of
Pertains to
c b" lO::rIt~
/6zof/7
~
CONDITIONS AND STIPULATIONS
1. Definition of Terms
The foIlO\"ring terms when used in this policy mean:
(a) "land": the land described. specifically or by reference, in Schedule A and
Improvements affixed thereto which by law constitute real property;
(b) "public records": those records which impart constructive notice of matters
relating to said land;
(e) "knowledge": actual knowledge, not constructive kn'owledge or notice which
may be imputed to the Insured by reason of any public records; and
(d) "date": the effective date.
0:.. Exclusions from the Coverage of this Policy
This policy does not insure against loss or damage by reason of the following:
(a) 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.
(b) 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 regulattng the character, dimensions, or location of any
~V;i~r~~~e~~~Ju~~~~;~rinhih~a~~~c~1~;;sd o~? aSr~i~ ~~"a~yOfofrgrh~~~~~f ~fStfnaJ.ation in owner-
(c) Governmental ri~hts at police power or eminent domain unless notice of the
exercise of such rights appears in tne public records, at the date hereof.
(d) Title to any property beyond the lines of the land expressly described or
referred to ln Schedule A. or title to areas withIn or rights or easements in any abutting
streets, roads, avenues, lanes, ways or waterways (except to the extent the right of access
to and from said land is covered by the insuring provisions of this policy), or the right
to maintain therein vaults, tunnels, ramps or any other structure or improvement, un-
less thls pollcy speclflcall:y provJdes that such titles, rights or easements are insured.
other ~~tte~~f(nScr~i:resd, ~~1~~~d~~~~~m~~ve~~e a~~~l~S t;\a~ntS~e trisJ~~ld; ~, \2~Uk~~v.?A
to the Insured either at the date of this polley or at the date such Insured acquired an
estate or interest insured by this policy and not shown by the public records, unless
disclosure thereof In writing by the Insured shall have been made to the Compan:-" prior
to the date of this policy; or (3) resulting in no loss to the Insured; or (4) attaching 01'
cl'eated subsequent to the date hereof.
(f) Loss or damage which would not have been sustained if the Insured were a
purchaser for value without knowledge.
3. Defense and Prosecution of Actions - Notice of ClaIm to be Given by the Insured
(a) The Company, at Its own cost ana without undue delay, shall provide for the
defense of the Insured in all litigation consisting of actions or 1?roceedings commenced
~~;~~S~g~~~sln~~ri~i'S ;~lfc~, l~~~a~~~ ~u~~~~~~%h uft~lga1i~~f~~tb~:r d~~e~~~~~s~~n~ t~;
court of last resort.
(b) In case any such 'action' or proceeding shall be begun" or defense interposed,
or in case knowledge shall come to the Insured of any claim of title or interest which is
adverse to the titie as insured, or which mIght cause loss or damage fol' which the
8g~~;~~ t~:~~o~rinm~~it~~g~i!rl:u~ n"d[i~~e 5~~llt~1~t Pb~ll~f,:e~hio It~SeUte~~~c;g ~snfi~ }~~
days of the receipt of process or pleadIngs or if the Insured shall not, in writing, prompt-
ly notIfy the Company of any defect, Hen or encumbrance insured against which shall
come to the knowledge of the Insured, then all liability of the Company in regard to the
subject matter of such action, proceeding or matter shall cease and terminate; provided,
however. that failure to notify shall in no case prejudi.ce the claim of any Insured unless
~~~hc~~e1~afc:.hall be actually prejudiced by such failure and then ortly to the extent of
(c) The Company shall have the right at its,.own cost to institute and prosecute
any actIon or proceeding or do any other act which in its opinion may be necessary or
des.irable to establish the title as insured; and the Company may take any appropriate
actIOn under the terms of this policy whether or not it shall be llable thereunder and
shall not thereby concede liabIlity or waive any provision of this polley.
(d) In all cases where this policy permIts or requires the Company to prosecute
or provide for the defense of any action or proceeding, the Insured shall secure to it the
right to so prosecute or provide de tense In such action Of proceeding, and all appeals
therein, and permit it to use, at its optlon, the name of the Insured for such purpose.
Whenever requested by the Company the Insured shall give the Company all reasonable
aid In any such action or proceeding, in effecting settlement, securlng evidence, obtain-
Ing witnesses, or prosecuting or defending such action or proceed lng, and the Company
shall reImburse the Insured for any expense so incurred.
4. Notice of Loss - LImItation of Action
In addition to the notices required under paragraph 3(b), a statement in writing of
any Joss or damage for whIch it is claimed the Company Is liable under this policy shall
be furnished to the Company within sixty days a{ter such loss or. damage shall haye been
determined and no right of action shall accrue to the Insured under this policy until
h~~tbydffi: I~~~~edu~l~d~t:ti~se~OI~~;l~~l~~~ ~~t~~n f~~~\fh~~, c~~~~ric:Jc~~::Xo~h~li\h~~
~lt~o~:a~i ~~~l~::P:;raVgncoo~rri~~cethi~~h ~~ri!ner~~~hi~al~~rii~e fh~~~i~b:~~e sst;~~ITi~d~
shall be a conclusive bar against maintenance by the Insured of any action under this
polic:y.
5. OptIon to Pay, Settle or Compromise Claims
The Company shall have the option to payor settle or comprom1se for or in the name
of the Insured any claim insured against or to pay the full amount of this policy and
~~~~e~~:s~g\~: d6~~e:n:fll~&fr:~~d t~~::~~~e~itt~ p~~. cs6h~ri t~~~1~:i:' afle'ra~tYI~y e~f
the Company hereunder,
6. Payment of Loss
(a) The liability of the Company under this policy shall In no case exceed, in
all, the actual loss of the Insured and costs and attorneys' fees which the Company may
be obligated hereunder to pay.
(b) The Company will pay. in addition to any loss Insured against by this policy,
all costs Imposed upon the Insured in litigation canied on by the Company for the In-
sured, and all costs and attorneys' fees in litigation carried on by the Insured with the
written authorization of the Company.
(cl ~o claim for damages shall arise or be maintainable under this poHcy (1) if
the Company, after ha\.ing received notice of an alleged defect, lien or encumbrance not
excepted or excluded herein removes such defect, lien OJ' encumbrance withIn a J'eason-
able time after receipt or such notice; or (2) for liability voluntarily assumed by the
Insured in settling any claim or suit without written consent of the Company.
(d) All payments under this policy, except payments made for costs, attorneys'
fees and expenses, shall reduce the amount .of the insurance pro tanto and no payment
shall be 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 fur-
nished to the satisfaction of the Company.
(e) When liabIlity has been definitely fixed in accordance with the conditions of
this pol~cy the loss or damage spall be payable within, thirty days thereafter.
7. LiabilIty Noncumulative
It Is expressly understood th.f1.t the amount of this policy Is reduced by any amount
the Company may pay under any poliCY Insuring the validity or priority of any mortgage
or deed of trust shown or referred to In Schedule B hereof or any mortgage or deed of
trust hereafter executed by the Insured which is a charge or lien. on the land described or
referred to in Schedule A, and the amount so paid shall be deemed a payment to the In-
sured under this pollcy.
8. Coinsurance and Apportionment
(a) In the event that a partial loss occurs after the Insured malu:s an improve-
ment subsequent to the date of this policy, and only in that event. the IMured becomes
a <,oin5'ufef to t he extent hereinafter set forth.
If the cost of the improvement exceeds twenty pel' centum of. the amount of this
policy, such proportion only of any partial loss established shall be borne by the Com-
pany as' one hundred twenty per centum of the amount of this potcy bears to -the sum of
the amount of this polley and the amount expended for the improvement. The foregoIng
provisions shall not apply to costs and attorneys' fees incurred by the Company In
prosecuting or providing foJ' the defense of actions or proceedings in behalf of the In-
sured pursuant to the terms of this pOlicy at. to costs imposed on the Insured In such
actions or proceeding-so and shall apply only to that portion of losses which exceed In Ute
agRTega1e ten per cent of the face of the policy.
Provided, howe,.er, that the foregoing coinsurance provisIons shall not apply to any
~~StSe a~lsig~ ~uotli~;' ~l~~e~~~' ~~~u~~~~ci~ fg~'h~dl~~Uig~t~~da~~~~~edh~~~t~~~~~eU~honCO\~~
surance provisions shall not apply to any loss if, at the tim~ of the occurrence of such
loss, the then value of the premises, as so improved, does not exceed ,one hundred twenty
per centum of the amount of this polley.
I b) If the land described or referred to in Schedule A is divisible into separate
and noncontiguous parcels. or if contiguous and such parcels are not used as one 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 face amount of this
policy was divided pro rata as to the value on the date of this policy of each separate
indep~ndent parcel to the whole, exclusive of any improvements made subsequent to the
date of this policy, unless a liability or. value has otherwise been agreed upon as to each
such pat.eel by the Company and the Insured at the time of the issuance of this policy
and shown by an express statement herein OJ' by an endorsement attached hereto.
9. Subrogation upon Payment or Settlement
'VVhenever the Company shall have settled a claim under thIs policy, all rigp.t of sub-
rogation shall vest in the Company unaffected by any act of the Insured, and 1t shall be
subrogated to and be entitled to all rights and remedies whi~h the Insured would have
had against any person- or property in respect to such claim had this policy not been
issued. If the payment does not cover the loss of the Ins1.lred, the Company 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 the Insured, such act shall
not void this policy, but the Company, in that event, shall be r'equlred to pay only that
part of any losses insured against hereunder which shall exceed the amount. if any, lost
to the Company by reason of the Impairment of the right of subrogation. The Insured,
if requested by the Company, shall tmnsfer to the Company all rights and remedIes
against any person or property necessaq' in order to perfect such right of subrogation,
and, shall permit the Company to use the name of the Insured In any transaction or
litIgation involving such rights or remedies.
10, Policy Entire Contract
Any action or actions or rlghts of action that the Insured may have or may bring
agaInst the Company arising out of the status of the title insured herein must be based
on the provisions of this policy.
No provision or condition of this potic\' can be waived or changed except by writing
endors~d hereon or attached hereto si.Eined by the President, a Vice President, the
Secretary, an Asslstant Secretary or other \'alidating officer of the Company.
11, Notices, \Vhere Sent
All notices required to be given the Company and any statement in wrIting requIred
to be furnished the Company shall be addressed to It at 200 E. Forsyth St., Jacksonvllle,
Florida.
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