CLEARWATER KEY ASSOCIATION
CorporatJ Warranty. Dee.d
INST # 96-080498
~_ 26, 1996 10:47AM
1 !
This Indenture, made this 22nd day of March
A.D. 19 96 Between
CLEARWATER KEY SOUTH-BAY 1501 CONDO ASSOCIATION,
A/K/A CLEARWATER KEY ASSOCIATION - SOUTH BAY, INC.
PINELLAS COUNTY FLA,
OFF.REC.BK 9288 PG 1893
8.$
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-co
r
f .. ~ whose post office address is:
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1501 GULF BLVD., SUITE 306
CLEARWATER, FL 34630
-, ,
a corporation existing under the laws of the
State of Florida
, Grantor and
CITY OF CLEARWATER, FLORIDA
A Municipal Corporation of the St:ate of Florida
,whose post office address is: P.O. BOX 4748
CLEARWATER, FL 34618--4748
C/O CITY ATTORNEY
Grantee,
Witnesseth, that the said Grantor, for and in consideration of the sum of ( $10 . 00 )
Dollars, to it in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and
sold to the said Grantee forever, the following described land, situate, lying and being in the County of
Pinell as , State of Florida, to wit:
SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF
Documentary Tax Pd. $ d l\ \ ~ ~ 0
$ _ Intangible Tax Pd.
Karleen F. De Blaker, Clerk, Pinellas County
By ~' , Deputy Clerk
l
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD AND GENERAL TAXES FOR
THE CURRENT YEAR AND THEREAFTER.
Parcel #19/29/15/78643/000/0000
And the said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful
claims of all persons whomsoever.
In Witness Whereof, the said Grantor has caused this instrument to be executed in its name by its duly
authorized officer and caused its corporate seal to be affIxed the day and year first above written.
Signed and Sealed in Our Presence:
CLEARWATER KEY SOUTH-BAY 1501 CONDO ASSOCIATION,
A/K/ A CLEARWATER KEY ASSOCIATION - SOUTH BAY,IINC
By, ?I~!sc-6f:#::
Its VICE-PRESIDENT
** a/k/ a JOHN W. SCHAFFER
~~~~/
Name: M ari e LaB arb era
a.J1 (fl~~/
,-, AUd~Chester
State of FLORIDA
County of PINELLAS
(Corporate Se.aU -
The foregoing instrument was acknowledged before me this 22nd _day of
JOHN SCHAFFER, VICE-PRESIDENT
of CLEARWATER KEY SOUTH-BAY 1501 CONDO ASSOCIATION, A/K/A CLEARWATER KEY ASSOCIATION,
SOUTH BAY, INC.
a corporation existing under the laws of the State of
He/She is personally known to me or has produced
March
,u19 96
, by
Florida
drivers license
, on behalf of the corporation,
as identification.
~v
Q-e-
CWO.I
5/93
0'./'
This instrument prepared by:
Audrey Rochester
Coastal Bonded Title Co.
501 S. Ft. Harrison, #203
Clearwater, FL 34616 File
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Print ame:
Notary Public
My Commission Expires:
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1/96-17438
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PINELLAS COUNTY FLA.
OFF.REC.BK 9288 PG 1894
EXHIBIT "A"
From the Southeast corner of Section 19, Township 29 South,
Range 15 East for a point of reference; thence N.89004'07''W.
along the south boundary of said section 2,293.45 feet to a
point on the centerline of Gulf Boulevard (a 50.00 foot half
right of waY)othence along said line by_theJollowi~~_three
courses: N.31 58'20"E. 826.95 feet to a point of curve; along
the arc of a curve to the left radius 1,909.86 feet, arc 304.27
feet, chord bearing N.27024'30"E. 303.95 feet, delta angle of
09007'41" to a point of tangency; N.22050'39''E. 71.06 feet;
thence leaving said line S.67009'21"E. 146.52 feet; thence
S.18009'21"E. 36.77 feet to the POINT OF BEGINNING; thence
o
S.67 09'21"E. 72.99 feet to the face of a concrete seawall;
thence along said seawall S.23018'17''W. 83.19 feet; thence
N.18009'21''W. 110.23 feet to the POINT OF BEGINNING.
9C2S5126 _ 03-26-1996 101i!h17
01 IEl-CLEARlATER
REaIU.
JOe ~ - E19
1
3
$10.50
t241.5O
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$252.00
$252.00
$.00
TOTII.:
DECK AIIT .lEIIIERD:
DIlHIlE:
File No: 96-17438
, AL T A Own'ars Policy.
with Florida Modifications
(10-17-92) ,
Pt>licy o'fTitle'lnsuranqe
Issued By
lilt
Nations Title Insurance
of New York Inc.
o 268-752209
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE BANDTHE CONDITIONS AND STIPULATIONS, NATIONS TITLE INSURANCE OF NEWYORK INC.,
a New York Corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss
or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by
reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2, Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but
only to the extent provided in the Conditions and Stipulations.
By:
Nations Title Insurance
of New York Inc.
Lill.t~
President
lL,A(of~
Attest:
Secretary
By
2635
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character,
dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change
in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the
effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the
enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the
land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice
of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public
records at Date of Policy,
2, Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy but not
excluding from coverage any taking which has occurred priorto Date of Policy which would be binding on the rights of a purchaser
for value without knowledge.
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 Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under
this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value forthe estate or interest
insured by this policy.
4, Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the
operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent
transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the
preferential transfer results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
1, DEFINITION OF TERMS,
The following terms when used in this policy mean;
(a) "insured"; theinsured named in Schedule A, and,
subject to any rights or defenses the Company would have
had against the named insured, those who succeed to the
interest of the named insured by operation of law as
distinguished from purchase including, but not limited to,
heirs, distributees, devisees, survivors, personal repre-
sentatives, next of kin, or corporate or fiduciary successors,
(b) "insured claimant"; an insured claiming loss or
damage,
(c) "knowledge" or "known"; actual knowledge, not
constructive knowledge or notice which may be imputed to
an insured by reason of the public records as defined in
this policy or any other records which impart constructive
notice of matters affecting the land,
(d) "land"; the land described or referred to in Sched-
ule A, and improvements affixed thereto which by law
constitute real property. The term "land" does not include
any property beyond the lines of the area 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"; records established under state
'statutes at Date of Policy for the purpose of imparting
constructive notice of matters relating to real property to
purchasers for value and without knowledge, With respect
to Section 1 (a)(iv) of the Exclusions from Coverage, "pub-
lic records" shall also include environmental protection
2635
-..
CONDITIONS AND STIPULATIONS
liens filed in the records of the clerk of the United States
district court for the district in which the land is located,
(g) "unmarketability of the title"; an alleged or appar-
ent matter affecting the title to the land, not excluded or
excepted from coverage, which would entitle a purchaser
of the estate or interest described in Schedule A to be
released from the obligation to purchase by virtue of a
contractual condition requiring the delivery of marketable
title,
2. CONTINUATION OF INSURANCE AFTER
CONVEYANCE OF TITLE.
The coverage of this policy, shall continue in force as
of Date of Policy in favor of an insured only so long as the
insured retains an estate or interest in the land, or holds an
indebtedness secured by a purchase money mortgage
given by a purchaser from the insured, or only so long as
the insured shall have liability by reason of covenants of
warranty made by the insured in any transfer or convey-
ance of the estate or interest. This policy shall not continue
in force in favor of any purchaser from the insured of either
(i) an estate or interest in the land, or (ii) an indebtedness
secured by a purchase money mortgage given to the
insured.
3. NOTICE OF CLAIM TO BE GIVEN
BY INSURED CLAIMANT.
The insured shall notify the Company promptly in
writing (i) in case of any litigation as set forth in Section 4(a)
below, (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
I
might cause loss or damage for which the Company may
be liable by virtue of this policy, or (iii) if title to the estate
or interest, as insured, is rejected as unmarketable. If
prompt notice shall not be given to the Company, then as
to the insured all liability of the Company shall terminate
with regard to the matter or matters for which prompt notice
is required; provided, however, that failure to notify the
Company shall in no case prejudice the rights of any
insured under this policy unless the Company shall be
prejudiced by the failure and then only to the extent of the
prejudice.
4. DEFENSE AND PROSECUTION OF
ACTIONS; DUTY OF INSURED CLAIMANT
TO COOPERATE.
(a) Upon written request by the insured and subject
to the options contained in Section 6 of these Conditions
and Stipulations, the Company, at its own cost and without
unreasonable delay, shall provide for the defense of an
insured in litigation in which any third party asserts a claim
adverse to the title or interest as insured, but only as to
those stated causes of action alleging a defect, lien or
encumbrance or other matter insured against by this
policy. The Company shall have the right to select counsel
of its choice (subject to the right of the insured to object for
reasonable cause) to represent the insured as to those
stated causes of action and shall not be liable for and will
not pay the fees of any other counsel, The Company will
not pay any fees, costs or expenses incurred by the
insured in the defense of those causes of action which
allege matters not insured against by this policy,
(b) The Company shall have the right, at its own cost,
to institute and prosecute any action or proceeding orto do
I (continued on inside back cover)
.
Policy Continuation
Schedule~ (Cont'd)
I
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SCHEDULE
(Continued)
A
A
File No: 96-17438
Policy Number: 0 268752209
The southerly 82.68 feet of the following described parcel
situate in Section 19, Township 29 South, Range 15 East,
Pinellas County, Florida:
Begin at the Southwest corner of Sand Key Condominium - South
Bay: thence North 60 feet; thence East 70.74 feet; thence
Northeasterly 61.49 feet; thence Southeasterly 19 feet; thence
Northeasterly 86.64 feet to the face of a concrete seawall;
thence Southeasterly 155 feet to the Mean High Water Line;
thence Southerly along said line to a point in the most
southeasterly corner of said condominium; thence Westerly, 180
feet; thence Northwesterly, 147 feet; thence Westerly 96.52
feet to the Point of Beginning.
670
Owner's Policy
Schedule A
(Florida)
1 I
OWNER TITLE INSURANCE POLICY
SCHEDULE A
Amount of Insurance: $ 3 4 , 47 5 . 00
O 0 268752209
Policy No.
Issued Pursuant to Commitment No,
18-038419
FileNo.
96-17438
Effective Date and Time of Policy Ma r c h 26, 1996
atlO:47:00 ~:
1. Na~frf?tln~lfedCLEARWATER, FLORIDA - A Municipal Corporation of the state of
Florida, by virtue of that certain Warranty Deed filed, in O.R. BOOK
9288, Page 1893, Public Records of Pinellas County, Florida.
2, The estate or interest in the land described herein and which is covered by this policy is an estate or interest designated as follows:
Fee Simple
3. The estate or interest referred to herein is at the effective date of policy vested in the insured.
4. The land described herein is encumbered by the following mortgage and assignments, if any:
5. The land referred to in this policy is described as follows:
See Attached Owner's Schedule A Continuation
This policy is not valid unless
Schedule B is attached hereto,
lilt
635
NM6
- Owner's Policy
Schedule B
Florida
I I
OWNER TITLE INSURANCE POLICY
SCHEDULE B
P I' N 0 0 2 6 ,. 7 t: ., ., n ^
o ICY 0, I tJ J L L, v ':J
File No, 9 6 - 1 7 4 3 8
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise
by reason of:
1. Rights or claims of parties in possession not shown by the public records,
2. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey
and inspection of the premises.
3. Easements or claims of easements not shown by the public records,
4, 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.
5, Any adverse claim to any portion of said land which has been created by artificial means or has accreted to any such portion
so created and riparian rights, if any.
6. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public record. Proceedings by a public agency which may result in taxes or
assessments, or notice of such proceedings, whether or not shown by the records of such agency or the public record,
Subject to taxes for the year 1996 and subsequent years which are
not yet due and payable.
7. We do not hereby insure riparian rights, rights of accretion,
reliction, submerged lands or any other water rights of any
nature.
8. This land appears to be filled-in land and is subject to the
rights of the State of Florida and the United States by reason of
its control over navigation and commerce, especially in time of
war for use for navigable purposes, and also rights reserved to
the State of Florida and the United States in the permit under
which said land was filled-in.
9. Any claim to any portion of the land described in Schedule A
hereof, which lies below the mean high water line.
See Attached Owner's Schedule B Continuation
Items 1-6 are hereby deleted
Iiif
636
-
.
Policy Continuation
Schedule_ (Cont'd)
I
I
SCHEDULE
(Continued)
B
B
File No: 96-17438
Policy Number: 0 268752209
10. All riparian, littoral and other water rights, together with the
rights of the United states of America and the state of Florida in
connection with authority over filled lands or lands lying beneath
navigable waters, or above or below present or prior mean high
water lines.
11. Easement to Florida Power Corporation filed in O.R. Book 5531,
Page 1031, Public Records of Pinellas County, Florida.
12. Subject to Drilling Lease as filed in Deed Book 1135, Page 101,
Public records of Pinellas County, Florida.
13. Subject to Trustee of the Internal Improvement Fund Deed recorded
in Deed Book 1531, Page 351, Public Records of Pinellas County,
Florida.
14. Subject to Co-Tenancy Covenant as recorded in O.R. Book 5960, Page
1618, Public Records of Pinellas County, Florida.
670
.,
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-'
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--,#-~-~,-"",..
any other act which in its opinion may be necessary or
desirable to establish the title to the estate or interest, as
insured, or to prevent or reduce loss or damage to the
insured, The Company may take any appropriate action
J.mder the terms of this policy, whether or not it shall be
liable hereunder, and shall not thereby concede liability or
waive any provision of this policy, If the Company shall
exercise its rights under this paragraph, it shall do so
.diligently,
(c) Whenever the Company shall have brought an
'action or interposed a defense as required or permitted by
the provisions of this policy, the Company may pursue any
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.
(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 the
Company the right to so prosecute or provide defense in
the action or proceeding, and all appeals therein, and
permit the Company to use, at its option, the name of the
insured for this purpose, Whenever requested by the
Company, the insured, at the Company's expense, shall
give the Company all reasonable aid (i) in any action or
proceeding, securing evidence, obtaining witnesses, pros-
ecuting or defending the action or proceeding, or effecting
settlement, and (ii) in any other lawful actwl1ich jn the
opinion of the Company may be necessary or desirable to
establish the title to the estate or interest as insured, If the
Company is prejudiced by the failure of the insured to
furnish the required cooperation, the Company's obliga-
tions to the insured under the policy shall terminate,
including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters
requiring such cooperation,
5, PROOF OF LOSS OR DAMAGE,
In addition to and after the notices required under
Section 3 of these Conditions and Stipulations have been
provided the Company, a proof of loss or damage signed
and sworn to by the insured claimant shall be furnished to
the Company within 90 days after the insured claimant
shall ascertain the facts giving rise to the loss or damage.
The proof of loss or damage shall describe the defect in,
or lien or encumbrance on the title, or other matter insured
against by this policy which constitutes the basis of loss or
damage,and shall state, to the extent possible, the basis
of calculating the amount of the loss or damage, If the
Company is prejudiced by the failure of the insured claim-
ant to provide the required proof of loss or damage, the
Company's obligations to the insured under the policy
shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation, with regard
to the matter or matters requiring such proof of loss or
damage,
In addition, the insured claimant may reasonably be
required to submit to examination under oath by any
authorized representative of the Company and shall pro-
duce for examination, inspection and copying, at such
reasonable times and places as may be designated by
any authorized representative of the Company, all records,
books,ledgers, checks, correspondence and memoranda,
whether bearing a date before or after Date of Policy,
which reasonably pertain to the loss or damage, Further,
if requested by any authorized representative of the Com-
pany, the insured claimant shall grant its permission, in
writing, for any authorized representative of the Company
to examine, inspect and copy all records, books, ledgers,
checks, correspondence and memoranda in the custody
or control of a third party, which reasonably pertain to the
loss or damage, All information designated as confidential
by the insured claimant provided to the Company pursu-
ant to this Section shall not be disclosed to others unless,
In the reasonable judgment of the Company, it is neces-
sary in the administration of the claim, Failure of the
insured claimant to submit for examination under oath,
produce other reasonable requested information or grant
permission to secure reasonably necessary information
from third parties as required in this paragraph shall
terminate any liability of the Company under this policy as
to that claim,
2635
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-- '""""~......<....~~_.
........
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CONDITIONS,AND STiPULATIONS
(continued from"inside front cover)
6. OPTIONS TO PAYOR OTHERWISE SETTLE
CLAIMS; TERMINATION OF LIABILITY.
In case of a claim under this policy, #Ie Company
shall have the following additional options:
(a) To Payor Tender Payment of the Amount of
Insurance.
(i) To payor tender payment of the amount of
insurance under this policy together with any costs, attor-
neys' fees and expenses incurred by the insu red claimant,
which were authorized by the Company, up to the time of
payment or tender of payment and which the Company is
obligated to pay.
(ii) Upon the exercise by the Company of this
option, all liability and obligations to the insured under this
policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend,
prosecute, or continue any litigation, and the policy shall
be surrendered to the Company for cancellation,
(b) To Payor Otherwise Settle With Parties Other
than the Insured or With the Insured Claimant.
(i) to payor otherwise settle with other parties for
or in the name of an insured claimant any claim insured
against under this policy, together with any costs, attor-
neys' fees and expenses incurred by the insured claimant'
which were authorized by the Company up to the time of
payment and which the Company is obligated to_pay;.or_
(ii) to payor otherwise settle with the insured
claimant the loss ordamage provided for under this policy,
together with any costs, attorneys' fees and expenses
incurred by the insured claimant which were authorized by
the Company up to the time of payment and which the
Company is obligated to pay,
Upon the exercise by the Company of either of the
options provided for in paragraphs (b)(i) or (ii), the
Company's obligations to the insured under this policy for
the claimed loss or damage, other than the payments
required to be made, shall terminate, including any liability
or obligation to defend, prosecute or continue any litigation,
7, DETERMINATION, EXTENT OF LIABILITY
AND COINSURANCE.
This policy is a contract of indemnity against actual
monetary loss or damage sustained or incurred by the
insured claimant who has suffered loss or damage by
reason of matters insured against by this policy and only
to the extent herein described,
(a) The liability of the Company under this policy
shall not exceed the least of:
(i) the Amount of Insurance stated in Schedule A;
or
(ii) the difference between the value of the in.
sured estate or interest as insured and the value of the
insured estate or interest subject to the defect, lien or
encumbrance insured against by this policy,
(b) The Company will pay only those costs, attor-
neys' fees and expenses incurred in accordance with
Section 4 of these Conditions and Stipulations,
8. 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 the 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 Date of Policy of each
separate parcel to the whole, exclusive of an'y improve-
ments made subsequent to Date of Policy, unless a
liability or value has otherwise been agreed upon as to
each parcel by the Company and the insured at the time of
the issuance of this policy and shown by an express
statement or by an endorsement attached to this policy,
9. LIMITATION OF LIABILITY,
(a) If the Company establish~s the title, or removes
the alleged defect, lien or encumbrance, or cures the lack
of a right of access to or from the land, or cures the claim
of unmarketability of title, all as insured, in a reasonably
diligent manner by any method, including litigation and the
completion of any appeals therefrom, it shall have fully
I
performed its obligations with respect to that matter and
shall not be liable for any loss or damage caused thereby,
(b) In the event of any litigation, including litigation by
the Company or with the Company's consent, the Com-
pany shall have no liability for loss or damage until there
has been a final determination by a court of competent
jurisdiction, and disposition of all appeals therefrom, ad-
verse to the title as insured.
(c) The Company shall not be liable for loss or dam-
age to any insured for liability voluntarily assumed by the
insured in settling any claim or suit without the prior written
consent of the Company.
10, REDUCTION OF INSURANCE; REDUCTION
OR TERMINATION OF LIABILITY.
All payments under this policy, except payments
made for costs, attorneys' fees and expenses, shall re-
duce the amount of the insurance pro tanto,
11, LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insur-
ance under this policy shall be reduced by any amount the
Company may pay under any policy insuring a mortgage
to which exception is taken in Schedule B or to which the
,.insured has agreed, assumW,-ortakensubjeet, or which-
is hereafter executed by an insured and 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 to the insured owner,
12, PAYMENT OF LOSS,
(a) No payment shall be made without producing this
policy for endorsement of the payment unless the policy
has been lost or destroyed, in which case proof of loss or
destruction shall be furnished to the satisfaction of the
Company,
(b) When liability and the extent of loss or damage
has been definitely fixed in accordance with these Condi-
tions and Stipulations, the loss or damage shall be pay-
able within 30 days thereafter.
13, SUBROGATION UPON PAYMENT OR
SETTLEMENT,
(a) The Company's Right of Subrogation,
Whenever the Company shall have settled and paid
a claim under this policy, all right of subrogation shall vest
in the Company unaffected by any act of the insured
claimant.
The Company shall be subrogated to and be entitled
to all rights and remedies which the insured claimant
would have had against any person or property in respect
to the claim had this policy not been issued. If requested
by the Company, the insured claimant shall transfer to the
Company all rights and remedies against any person or
property necessary in order to perfect this right of subroga-
tion, The insured claimant shall permit the Company to
sue, compromise or. settle in the__oame,ot the insured
claimant and to use the name of the insured claimant in
any transaction or litigation involving these rights or
remedies,
If a payment on account of a claim does not fully cover
the loss of the insured claimant, the Company shall be
subrogated to these rights and remedies in the proportion
which the Company's payment bears to the whole amount
of the loss.
If loss should result from any act of the insured
claimant, as stated above, that act shall not void this policy,
but the Company, in that event, shall be required to pay
only that part of any losses insured against by this policy
which shall exceed the amount, if any, lost to the Company
by reason of the impairment by the insured claimant of the
Company's right of subrogation,
(b) The Company's Rights Against Non.insured
Obligors,
The Company's right of subrogation against non-
insured obligors shall exist and shall include, without
limitation, the rights of the insured to indemnities, guaran-
ties, other policies of insurance or bonds, notwithstanding
any terms or conditions contained in those instruments
(continued on back)
which provide for subrogation rights by reason of this
policy.
14, ARBITRATION.
Unless prohibited by applicable law, arbitration pur-
suant to the Title Insurance Arbitration Rules of the Ameri-
can Arbitration Association may be demanded if agreed to
by both the Company and the insured. Arbitrable matters
may include, but are not limited to, any controversy or
claim between the Company and the insured arising out of
or relating to this policy, any service of the Company in
connection with its issuance or the breach of' a policy
provision or other obligation. Arbitration pursuant to this
policy and under the Rules in effect on the date the
demand for arbitration is made or, at the option of the
insured, the Rules in effect at Date of Policy shall be
binding upon the parties" The award may include attor-
neys' fees only if the laws of the state in which the land is
located permit a court to award allorneys' fees to a prevail-
ing party. Judgment upon the award rendered by the
Arbitrator(s) may be entered in any court having jurisdic-
tion thereof.
I
CONDITIONS AND"SnpULA TIONS
(continued from inside back cover)
I
dating officer or authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid-
or unenforceable under applicable law, the policy shall be
deemed not to include that provision and all other provi-
sions shall remain in full force and effect.
17, NOTICES, WHERE SENT.
All notices required to be given the Company and any
statement in writing required to be furnished the Company
shall include the number of this policy and shall be ad-
dressed to the Company at its Corporate Headquarters,
6800 College Blvd., Suite 700, Overland Park, KS 66211.
In the event there are any questions concerning
the coverage continued herein or should the insured
desire to communicate a complaint to the Company,
please contact the Regional Office of the Company by
calling 1 (800) 637-0487,
Nations Title Insurance
of New York Inc.
The law of the situs of the land shall apply to an
arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Com-
pany upon request.
15, LIABILITY LIMITED TO THIS POLICY;
POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any,
allached hereto by the Company is the entire policy and
contract between the insured and the Company. In inter-
preting any provision of this policy, this policy shall be
construed as a whole.
(b) 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 by any
action asserting such claim, shall be restricted to this
policy,
(c) No amendment of or endorsement to this policy
can be made except by a writing endorsed hereon or
allached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or vali-
Policy of Title I nsu ranee
Issued By
6800 College Blvd, / Suite 700 / Overland Park, Kansas 66211
913-491-5585
2635
~
RECEI~ED
APR 111996
I
CITY CLERK DEPT. '
C I T Y 0 F C LEA R W ATE R
Interdepartment Correspondence Sheet
~
=-
TO: Susan Stephenson, Documents & Records Supervisor
FROM: Earl Barrett, Real Estate Services Manager~~
SUBJECT: Property Data reports - Sand Key property exchange
COPIES: (with appropriate attachments only, if any)
Bill Shepard, Engineering Drafting Supervisor
Karen Miles, Accounting Manager
DATE: April 10, 1996
Attached for your records is a CITY OWNED PROPERTY - ACQUIRED
report, and a CITY OWNED PROPERTY - SOLD report relative to a March
22, 1996 property exchange between the City and Clearwater Key
Association - South Bay, Inc.
Attached regarding the parcel ACQUIRED:
Original recorded deed
Original title insurance policy
Original settlement statement
Original signed & sealed survey drawing & description
Attached regarding the parcel SOLD:
Copy of City deed of conveyance
Original signed & sealed survey drawing & description
Original settlement statement
te ; F fLJl n fltArlY1j
rintU1~
1-10 I d
Q' I I ?~
(j~/7/~
/rJ -Odd -00
~/r
~~
3)!2/7p
,
lr -
;'>. --r
.A"
U.s: D'EPARTMENT OF HOUSING AND URBAN rVELOPMENT
. SETTLEMENT STATEMENT _
B. T
P E 0 F
LOA N
1. DFHA
2. 0 FMHA
3. 0 CONII. UNINS
4,
VA
.,
CONV. INS.
~ 6'''Tl'if3"ll
7. LOAN NUMBER:
B. MORTGAGE INS. CASE NO.:
C. NOTE: This form is furnished to give you a statement of actual settlemen,t costs, Amounts paid to and by the settlement agent
are shown, Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are
not included in the totals,
D.N,A~E ,OF BORROWER:
ADDRESS OF BORROWER:
CITY OF CLEARWATER, FLORIDA
POST OFFICE BOX 4748, CLEARWATER, FL 34618-4748
E. NAME OF SELLER:
ADDRESS OF SELLER:
CLEARWATER KEY ASSOCIATION-SOUTH BAY, INC.
1501 GULF BOULEVARD, SUITE 306, CLEARWATER, FL 34630
F.NAMEOFLENDEFl: "
;,,;:~prij~$n~;~NO~{,.
"(".^'f;-,;.:J~!,,-,' i ,~'\:~if:",,\n,-.:!:>,;,p!,l\ _',>, /h'\.~-;
'~"f\".i'.~ ,', '~, ' ,,,~ ; '",.;':; ;<' ',",
'0;'::':'>':,,;".,,-:'"
G, PROPERTY METES AND BOUNDS
LOCATION: XXXX GULF BOULEVARD
CLEARWATE:R, .FLORIOA34618-47 48
1S~~~~.~M~N],:<: ,CO~T~':~Ofij)I~';~I"LE, CQ. OJ',;'; CLWJfATER
'.q~9f:~ETT~EMEtfl:> 501S0U'l"~:;~~RISOM,~SUl'l'P; 203
:.i::;~~t\i: ',' CLEARWATER,'"FLORIDA 34616 "
I. SETTLEMENT DATE: March 22, 1996
SUMMARY OF BORROWER'S TRANSACTION
401. Contract sales price
402. Personal property
403.
404.
405.
ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE:
406. City/town taxes to
407, County taxes to
. 408. Assellsments to
409,
410,
411.
412.
207.
208.
209.
501. Excess deposit (see instructions)
502.settlem!tl)t pharges to seller (line 1400)
503. Existing loan(s) taken subject to
504. Payoff offlrstmortgage loan
505. Payoff of second mortgage loan
506.
507.
508,
509.
622'..00
201. Deposit or earnest money
?og;i\iitll)cJP,~t~mqqhtsQf;~eW,loan(s) .
20~.Existin9 loan(s)taken subject to
2Q4;(" '
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER:
210. City/town taxes to
. 211. CoUnty taxes to
212, Assessments to
213EXCHANGE
214,
215.
216.
217.
34,475.00
34,475.00
II
30tGrossa~ount due from borrower (line ,'20)
302..l..ess~mo~nt paid by/for borrower (I/ne220)
34,475.00 601. Gross amount due to seller (line 420)
34 , 475 .OQ) 602. Lsss tQtal reductions in amount due seller (line 520)
34,475.00
35,097.00)
303. CASH (0 FROM) (IXJ TO) BORROWER:
o .00 603. CASH
(0 TO) (00 FROM) SELLER: ~
622.00
8/89
.
904-398-8615
~ 58,4,3538,000,'
, r HUD.1 (3.86\
RESPA, HB 4305.:2
.,.~
800 ITEMS PAYABLE IN CONNECTION WITH LOAN'
CHARGES
L. " ::) 1:11 L I: M I: N T
. 700. TOT~L SALES/BROKER'S COMMISSIOt:
I
\;20t~$f"
, :' i,' ,'_",,;.~.:,f'
, 702. $
t~I!~92mf!lis~ionpaid atsettlelT\e~~.{..
704.
(;.~n(.>tigipalJ9n ,f~.);~..
-802. Loan Discount
J;iijpp@i~~ltfeeto:
804.predit Report to:
,~~\"ndltr's Inspection fee
806, Mortgage Insurance application fee to
g;;i1is4mptI911f~'.*>~:;ii8k': ;;!f~.~iJ;:>:..
808.
809,;];; '.
810.
"8f1~:'
~}'t{,~:t!Xl:;L'~~~,t~.~~~.:~ij)~fr4~:~~:-i:~tt~.g~~::-:'~:~~.i~$i~t:l~fi~?,;:~;&1~\tli!;ii!;~~1~.~~~~:',;i~. ;~- ~-, '.
%
900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE'
;~l~HfIlerest from
902. Mortgage insurance premium for mo. to
.t~~~~~a(dln$\Jrlincepremrum for '.'
904. Flood Insurance Premium for yrs. to
"90S.";> ,'"..',
, . ."@llL,>.;~
1000. RESERVES DEPOSITED WITH LEN DER'
JQQ1~ltazard insurance
1002'M?rtQage.in~urance
1@!ClJy.pro,p@,tY:Jaxes
1o,9~;"j9?~~ty property taxes
'1QQ~fiM!1ualassessment,
19O,?:EIRod Insurance
1007..::..'
1008,
1009.
.{...:s..;,month, @$.... ; ;.~:,tt;j::;~;~~litjf,roQgt!\!frt\~}L~;;:D:f'i .
months @ $ " per month
,,;:,::,~t"'-,Wi..~g;1'i;'\mM.....c'I'fiiS~i~~i~""'~t~~~,(i.;';;-~iltu~1~~l4i,;tj;'i:;;;'
:.--:.,.~;'__:" -,~:(",l:'c,!i1i: ,.tA..",:",,~~'1~'~.~~ ' ,\i,:, ,:,." ",<",>-,,'~;..il;fl~_t:~l~~mF..t:t^,,~,I.-l.
, months~ $" pe~month., ","", ",'.
~; >;;w 'in'"o;"hS'A'lt, ," ' ,'\;'M{tO:n"rri\t;;:;...ti~:t:~':l;;:;i;>{J'< ,
'. ,,' ...'.. . \II.NI' .... el! ,..' ~,c_~",~..."'''',, II~mM.V.u~~j" ",,,,,,,,ji,./:'/.\.rh.
months @ $
months. $
months @ $
. ":;,tJ;.i;;i~i;;~.;~~t~~';;i~'~lY'~~~I?:;':;I;:; ".
per month
1100. TITLE CHARGES:
1101. Settlement or closing fee to Coas ta
1102.Abstra~tor title search to Coastal
1103. Tille examination to Coastal
l104.Titlelnsurance binder to
1105. Document preparation to
11~,?~QtarYfeesto
1107. Attorney's fees to
(inc/udes above items Numbers:
,,1 itl~iins,u(an~e to, "".9~,!!~~~",~q~4~~\,r~H~~1i
.' ,': (includes above itef1/$Wuf!l~iJ:i\\'~t; ~J. $~ (J.),~'
1109. lender's coverage $
11;1~;9wner's coverage., $'34 ~
1111.
Bonded Title Co.
B,o~ded ','1't tl ~/;~Q:~<''')::'i
Bonded Ti t1 e "'e'er: ;,,,',d'd
'._,r"
199112ati@~g,t~~~;;.~:,,$
1202, City/county tax/stamps:
12%~~ta.t~ .taxJ!lt~ps:
1204,
1205.
Deed $
D~'$
,..,.;"Mi;irtliAtililil';!,; 11~~t7\(.;i~1)f~~ ,".'
" 1 ,J ,; ~~/" ~",,'-,~~""rl'Wf~ ,,:;'ldJi:~U1.~~1~- - .
i ".'.';" M?rtgage $. . ',' ." .
';,',241.50 i,>.i./iMQ6oatlA,$i}:~'i',>,
,"_,. :;" -_. ' .~ .,,.:~/, _,;, "",.>",.",..'!"'",.~.;:~~J.:...~..,:".
~':~'~l:}~bt ~~<~L.: ;/;:, ' .
1300. ADDITIONAL SETTLEMENT CHARGES:
'3IH6,~t:Jl'\'eyt() "..
1302. Pest inspection to
1303..;>
1304.
,1365>
1306.
1307.
1400. TOTAL SETTLEMENT CHARGES (Enter on line 103, Section J - and - line 502, Section K)
~
622.00
BO"OW'ffi::~V ~
Sellers
The HUD.1 Settlement Statement which I have prepared is a true and accurate account of this t
disbursed in accordance wi Jl this statement.
Settlement Agent Date March 22, 1996
, AUD EY ROCH R File No. 96-17438
WARNING: It is a crime to knowlingl make false statements to the United States on this or any other similar form. Penalties upon conviction
=;~.":; a "", 0' Imp,'so"m,"1. Fo, d".lIa "" Till. lB U.s. COd1i 1001 aod 5'0110" 1010.
Page 2
--
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1'ta ';~.~",JJIP..,1.~
'..
S. Rng. ...!2.- E.
t;);;C"f"b.,,, O~.o7'4'"
~t>ilJo!:.'" I")~. &u.'
Az.C. ... S04.:z-r'
~,~oEP" 3o~.~5'
~P2.P e;.e:A1UN6 &1J27~eO'&
:=louT"" l!toUWl:>Aa"",
o~ :l5IB4'T"ION I'").
1!!iOf"lTl-CElMoT 6o&IJe1r. o'F
~"'Iolo.l Ia:>.
LEGE"D:
FeM ,. Found Concrete Monument 4"x4" LS 2607
FIR ,. Found Iron Rod
FCIR ,. Found Capped Iron Rod '/.2" ~8 12168
SCIR - Set Capped Iron Rod 1/2 L.8, 12768
A/C - Air Conditioner and Concrete Pad
PCP ,. Permonent Control Point
PC - Point of Curvature
C8 - Chord 8eoring
FL ,. Flow Une
1:':":':;:';.,-] "" Concrete
, CERTIFIED TO: City of C1earwlilter, F 'd." "
Nations Title Insurance Comp~ of New York, Inc.
Coastal Bonded Title Insuranc. Company of
ct..rwater .
0, I
Job No. 047":)
~l/I7.~'li'-,"e-
1A-u.,'~Z'
~' 1 10
~\..E:: ,"= '2D'
1
zo
F~. ~,,_\..
...o~ vJtn-\
Po. 0.l1'1' , '"
~A.y.J,..u..
6\.te:~T I Or Z
(P) ,. Platted
(M) ,. AltHlsurfld
(F) - Field
(R) ,. Radial
(C) - Colculatfld
FND, ... Found
)( 2J.47 - Elevation
TC ... Top of Curb
Notes:
1. B..rlt[1 .,' . .,',' be~h Boundary of
Sect 191, r~:,OU 1\ Range 15 eallt,
Said L ne Pft'l'lJ' .
2. Elevations are based on N,G.V,D. Datum
Mean Sea Level = 0,00, '
of 1929,
TIIS SURVEY NOT VALID Ull.ESS IMPRINTED W1THAN,EII8OSSED SEA .
HUDIFIA F.I.R.M. COMMUNITY~ll~~ ~Q. If.~ 0014 ~
TYPE OF SURVEY D.ifE ~ '." :'()F SURVEY DATE
PROP. HQUSE LaC. FI"8lt
HOUSE s1 ~K~OUT UP I
VACANt eouI.1P~"1' 'Z- t~"'u,
Fa NDA TIO
; L.S. 12(f "
REGISTER SURVEYOR
ZONE: A- n (f#l..tr:N. It) .
CUMB$V & FAIR, INC.
I,
ENGINEE;' G e LAND au .
2463 Q~R ROAD
CI.EA~WA, ~ Ii' IDA 34623
CL " '~'" 1ft'. 223.4333
;
!i
"'
. ~ '.- ~..
I
I
I III',
, r.,~GAL o~CRtnION
SM'ID G1' '1'AAWSPER 'to 'm cttn' ,OF ~
,
ifrom tbe. ~.8t. ~Jlel' of $ecttlon 19, ~. at South, ~.
,115 But flKa poiUt..1 tefer~, th~ .,,~""'.O~. &.long .~
fJ'QUth bo....-, ., W4' MetiOft 2; .,93 .4! ... .. . point ot,1''''
'~enter~",,_ ~. ~.vard (a 50.00 foot. h6t.f dgtlt of ..,.l'
*henoe ,alAl_ ,..... l~fte by. tme ~llo~ ~ ~.t
..3-1....:...... "... teet to a pt)4.at qf ~~ .... the are 01 ~
'FE:" " \ '00 .. ,.,. .....tll8 1,909.M ~..... ' ... ...... feet, cbo,' ~
, ,aring, .~2?-"''''.' 303.95 f..,., , !' .......01' 41" ~o ..
1,"., O!'~..urr'Clff ..a.$0'39....'r1~, ...,::.!, ~.l ~f."" ..1,.,'
~ S.61.....tt.. U. .12 feet, .....,"', ", ' " '. M."'" f,,~ _0
thet'OlHT tW _il.1Ml40, then<* S.. ,.,.... ... 'It ~ eeet to tile f.~'
of a ccmcttete seawail; theriee, al0n9 .aU .~.11. 8.23018117"".
.83 '.19 feet: thence N .19 0 09 I 21"". 110.23 feet to the POINT OF
BEGINNIMt).
!C01'1ta'1n1f1g O. 07 aeres , more or lees.
NOTES CONTINUED:
3._SUBJECI_TO- A ,10', FLORIDA POWER DISTRIBUTION. EASEMEtfi,l.'lJN(a..1i'-EACHSIDE
OF THE FACILITIES AS RECORDED IN O.R. BOOK 5531, PAGE 1031 OF tHE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA.
4. SUBJECT TO TRUSTEE OF THE INTERNAL I,*ROVEMENT FUND DEED RECORDED
IN DEED BO, OK '531, PAGE 351. P.Y, BLlC ~E, CORDS OF PINJ;LLAS COlJm"Yj' FLORIDA.
5. LEGAL DESCRIPTION WAS PRePARED BY CUMBEY &FA'R, INC.
6. EASEMENTS OEPICTED HEREON REFLECT NATIONS tm.., E, IN. SUR. ~"CE OF NEW YbRK, INC;
COMMITMENT NO. 18-038419 DATED 1-31-96 AS PREPARE" BY dOAt;._l. BONDED TITLE
COMPANY OF CLEARWATER.
7. ALL DISTANCES ARE RECORD AND MEASURED UNL~SS OTHE~WISE NOTED.
2483 ENTI!RPRI8E RQAQ. CL~ARWATER. FLOlhbA 34623
. AL. I":: 2d
I ,I ',I
I :il
~O. . No.04 ?:J
CITY lLuE..I....r co. N 120&4
< Ii <~,
1
I
~(Q)[PY
TIllS SPECIAL WARRANTY DEED
Made this /~!J- day of
~~
, A.D. 1996 by the
CITY OF CLEARWATER, FLORIDA,
a Municipal corporation of the state of Florida
hereinafter called the Grantor, to
CLEARWATER KEY ASSOCIATION - SOUTH BAY, INC.,
a Florida corporation
whose Post Office address is: 1501 Gulf Boulevard, Unit 804,
Clearwater, Florida 34630, hereinafter called the Grantee:
(Whenever wed herein !be term .grantor. aDd .grantee. incJude all !be parties to this instnuneot and the heirs, legal represeo1Atives Jnd assigns of individuall.
and !be successon and assigns of corporatioos)
witnesseth, that the grantor, for and in consideration of $10.00
and other valuable considerations, receipt whereof is hereby
acknowledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirms unto the grantee, all that certain
parcel of real 'property situate in pinellas County, Florida, viz:
A PORTION OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15
EAST, PINELLAS COUNTY, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO.
Together with all the tenements, hereditaments and appurtenances
thereto belonging or in anywise appertaining.
IN COMPLIANCE WITH SEC. 2.665, CODE OF ORDINANCES OF THE CITY OF
CLEARWATER, FLORIDA, THE PARTIES EXPRESSLY COVENANT AND AGREE AS
FOLLOWS:
A. Neither Grantee nor any successor grantee in title or
interest shall use the property described herein for any purpose or
purposes for which ad valorem property tax exemption would be
available.
B. Application by the Grantee, or any successor grantee in
title or interest, to the property appraiser of pinellas County,
Florida, for ad valorem tax exemption shall cause title to the
property described herein to revert to the City of Clearwater
automatically as of the date the application is filed and
regardless of whether the application is ultimately granted or
denied.
C. This restriction and reverter shall run with the land and
reverter hereunder shall be to the city absolutely and not to any
intervening owner of the property.
D. All subsequent deeds or other instrument of conveyance
shall contain this restriction. This restriction and reverter
shall run with the land in perpetuity.
To Have and to Hold, the same in fee simple forever.
Pag.e 1 of 2
. ~
I
1
subject to nondelinquent ad valorem taxes and current installments
of special assessments not yet due and payable, to highways,
rights-of-way, mineral reservations, licenses, easements and
restrictions of record generallY, zoning ordinances and other
governmental limitations, or others which might be disclosed by an
accurate inspection and architectural survey.
And the said Grantor does specificallY warrant the title to said
land and will defend the same against the lawful claim of all
persons claiming by, through or under Grantor except taxes for the
year 1995 and subsequent, and subject to the matters hereinabove
mentioned.
In witness Whereof, the grantor has caused these presents to be
executed in its name, and its corporate seal to be hereunto
affixed, by its proper officers thereunto duly authorized, the day
and year first above written.
countersigned:
CITY OF CLEARWATER, FLORIDA
By:
-#k~~--
Eli et M. Deptula
city Manager
ita Garvey
Mayor-commissioner
. ~. fl bJ'{r
hia E. Goudeau, city Clerk
STATE OF FLORIDA )
COUNTY OF PINELLAS )
,
BEFORE ME, the undersigned, personally appeared Rita Garvey,
the Mayor-commissioner of the city of Clearwater, Florida, who
executed the foregoing instrument and acknowledged the execution
thereof to be her free act and deed for the use and purposes herein
set forth, and who is personally known to me.
WITNESS my hand and official seal thisM-day of ~~
1996. ~ ~. .
Jf)l.lt. ') ..,,,,,...
. /'~or.v fst-. DENISE A, WILSON
otary PUbl(}.1 :{:::;? t ~ ! 'iJ ;~~Id.')j 1M """'SS'''H ~ 2O~'.JfX"RES
pr lnt/type name: . ~'d>.~., JJne 15, 1990
-...'?r,,';;.... BONDED TH'lU TROY FAiN INSli1ANCE,11C
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the undersigned, personally appeared Elizabeth M.
Deptula, the city Manager of the city of Clearwater, Florida, who
executed the foregoing instrument and acknowledged the execution
thereof to be her free act and deed for the use and purposes herein
set forth, and who is personally known to me.
WITNESS my hand and official seal this.bl. day of JJ f) ^ f\ 1-;
1996. .
l~-:i'lf~~ DENISE A. WILSON
'~:.: :.~ !IN COMMISSION' CC, 201408. EXPIRES
....., ,.:"~l June 18, 1996
'0. ,: if.... BONOED THRU TFiCV FAIN INSL'1ANCE,IIC.
Approved as to form and legal
~~ ,,"
J n Carassas, ASslstant city
sufficiency:
-
Attorney
page 2 of 2
~,
1
Sec, 1 9
Twp,~S, Rng.~ E.
EXIllBIT "A"
R = '909.86'
t:. = 09'07''''.
L = J04.27'
C = 303.95'
C.B. = N 2724'30.[
~
~'1-
~ ~.
~ ~,
~~
~ ~
~
~
~~
vi
%'''''
o \J',
I
N 22"50'39.[
71.06'
GULF BLVD.
4' CONC.N 22"50'39"E
27.75'
F.C.I.R. 1/2"
L.B. 2168
~
SOUTHEAST CORNER
or SECTION 19- 29- 15
J
.
20 10 0 20
I r~ I
SCALE IN fEET
-~
())
4" lIGHT-d..
POLE 'P'
JTl
)>
VI
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o ~
z "
()
()
c
;0
w
LEGAL DESCRIPTION
CITY OF CLEARWATER TRANSfER TO
SAND KEY CONDOMINIUM SOUTH BAY - 1501 GULf BOULEVARD
From the Southeast corner of Section 19, Township 29 South, Range 15 East for
o point of reference; thence N.89'04'01'W., along the South boundary of said
Section 19, 2293.45 feet to a point on the centerline of Gulf Boulevard (0 50.00
foot half right of way): thence along said line by the following three (3) courses:
(1) N.31'58'20"E., 826.95 feet to a point of curve: (2) along the arc of said
curve to the left, hoving a radius of 1909.86 feet, an arc of 304.27 feet, a chord
bearing and distance of N.2724'30" E., 303.95 feet and a delta angle of
09"07'41" to a point of tan~ency: (3) N.22"50'39"E., 71.06 feet: thence
leaving said line, S.6709'21 E., 50.00 feet to 0 point on the Easterly right of
way line of said Gulf Boulevard and the POINT Of BEGINNING: thence continue
5.67'09'21"E., 0 distonce of 96.52 feet; thence S,18'09'21"E,. 36.77 feet;
thence N.67'09'21"W.. 120.64 feet to said right of way line; thence along said
right of woy'line, N.22'50'39"E., 27.75 feet to the POINT OF BEGINNING.
Containing 0.07 acres, more or less.
CERTIFIED TO:
~. .. ''J ~
;.......:.-'
SAND KEY CONDOMINIUM SOUTH BAY - 1501 GULF BOULEVARD
1 ' ,
Job No. 0479
Sec, 1 9
TwP.~S. Rng.~ E.
N
If'
~~
~(jl
~.
~ q..
~ ~.
(:) .
~~
;J...
o~
'" <.P
u'
~ .)?
(1 0'.
F,C.I.R, 1/2"
l.B, 2168
N
R = 1909,86'
6. = 09'07'41"
L = 304.27'
C = 303,95'
C.B. = N 27"24'30" E
(/)
4' CONC.N 22.50'39"E
27.75'
~ (J)
SOUTHEAST CORNER 4" LIGHT to
OF SECTION 19-29-15 POLE '$. ~
(]1
N
l"'1
0 ~
\J
(.Jl to :r:
CYI )>
() (]1 ~
J 0 N
z
0
. ()
c
;;0
CD
\
20 10 0 20
I r=~ I
SCALE IN FEET
SHEET 1 OF 2
LEGEND.
FCM = Found Concrete Monument 4"x4" LS 2607
FIR = Found Iron Rod
FCIR= Found Capped Iron Rod 1/2" LB #2168
SCIR = Set Capped Iron Rod 1/2" L.B, #2168
A/C = Air Conditioner ar:d Concrete Pad
PCP = Permanent Contre'l Point
PC = Point of Curvature
CB = Chord Bearing
POB = Point of Beginning
LB = Licensed Business
(P) = Platted
(M).. =. .Measured
(0 = Field
(R) = Radial
(C) = Calculated
FND, = Found
x 23.4/ = Elevation
TC = Top of Curb
CONC = Concrete
SEE SHEET 2 OF 2 FOR DESCRIPTION AND NOTES
THIS SURVEY NOT VALID UNLESS IMPRINTED WITH AN EMBOSSED SEAL
HUD/FIA F.l.R.M. COMMUNITY PANEL NO. 125096 0014 B
TYPE OF SURVEY DATE TYPE OF SURVEY
PROP. HOUSE LOC. FINAL
, HOUSE STAKEOUT UPDA TE
V ACANT BOUNDARY
FOUNDATION
~u~
o KATHLEEN C. LANZNER, L.S, #5120
FLORIDA REGISTERED SURVEYOR
DATED, JUNE 1,1983 ZONE, A-11 (El.11)
CUMBEY l F AIR, INC.
ENGINEERING EI1 LAND SURVEYING
2463 ENTERPRISE ROAD EE)
2/29/96 CLEARWATER, FLORIDA 34623
CLWR. 797-8982 TPA. 223-4333
I HEREBY CERTIFY THIS SURVEY MEETS THE MINIMUM TECHNICAL
STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL
LAND SURVEYORS AND MAPPERS IN CHAPTER 61 G 17 -6, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES.
DATE
-
':;':""c_' ...--""-:),.
I
, '
I
Sec. 1 9
Twp.~S. Rng.~ E.
Job No. 0479
LEGAL DESCRIPTION
CITY OF CLEARWATER TRANSFER TO
SAND KEY CONDOMINIUM SOUTH BAY - 1501 GULF BOULEVARD
From the Southeast corner of Section 19, Township 29 South, Range 15 East for
a point of reference; thence N.89"04'07"W., along the South boundary of said
Section 19, 2293.45 feet to a point on the centerline of Gulf Boulevard (a 50.00
foot half right of way); thence along said line by the following three (3) courses:
(1) N.31"58'20"E., 826.95 feet to a point of curve; (2) along the arc of said
curve to the left, having a radius of 1909.86 feet. an arc of 304.27 feet, a chord
bearing and distance of N.27"24'30" E., 303.95 feet ar.d a delta angle of
09"07'41" to a point of tangency; (3) N.22"50'39"E., 71.06 feet; thence
leaving said line, S.67"09'21' E., 50.00 feet to a point on the Easterly right of
way line of said Gulf Boulevard and the POINT OF BEGINNING; thence continue
S.67"09'21"E., a distonce of 96.52 feet; thence S.18"09'21"E., 36.77 feet;
thence N.67"09'21"W., 120.64 feet to said right of way line; thence along said
right of way: line, N.22"50'39"E., 27.75 feet to the POINT OF BEGINNING.
Containing 0.07 acres, more or less.
)
Survey Notes:
1, Bearings are based on the South baundary af Section 19, Township 29
South, Range 15 East. Said line bears N,89"04'07" W,
2. Subject to a 10 foot Florida Power Distribution easement lying 5 feet each
side of the facilities as recorded in O.R. Book 5531, Page 1031 of the Public
Records of Pine lias County, Florida.
3. Legal Description prepared by Cumbey, & Fair, Inc,
4. All distance are record and measured unless otherwise noted.
....
TYPE OF SURVEY
PROP. HOUSE LOC.
HOUSE STAKEOUT
VACANT
FOUNDA TION
DATE
TYPE OF SURVEY
FINAL
UPDATE
BOUNDARY
SHEET 2 OF 2
DA TE CUMBEY & FAIR, INC.
ENGINEERING EI1 LAND SURVEYING
2463 ENTERPRISE ROAD EEl
2/29/96 CLEARWATER, FLORIDA 34623
CLWR. 797-8982 TPA. 223-4333
1r ,-,101'-' I ~v '-,"-,v_ ~--''-'
i: ~ ,V.s. DF.PARTMENT OF HOUSING AND URBAN IEVELOPMENT
. ~. ' . smLEMENT STATEMENT
.,.." B. T PE OF
LOA N
1. 0 FHA 2, 0 FMHA
3. 0 CON V. UNINS
VA
5.
CONY. INS.
6. FILE NUMBER'
96-17437
7. LOAN NUMBER'
e, MORTGAGE INS. CASE NO.'
C. NOTE: This form is furnished to give you a statement of actual settlement costs, Amounts paid to and by the settlement agent
. are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are
not included in the totals.
;:!ij:;;~O~ROWER;
"";"1': "
SS~OFBORROWER:
CL~WATER KEYA.S~OCIATION","SOUTH BAY, INC
15.01, GULF ..BOQXrEVUI),SUITE"" 306" CLEARWATER, FL 34630
,',:' '. _' " ',j :",'" '" 'J'
, :'1 ~
E, NAME OF SELLER:
ADDRESS OF SELLER:
CITY OF CLEARWATER, FLORIDA
P. O. BOX 4748, CLEARWATER, FL 34618-4748
F.NAME ,OF LENDER:
:~PR~,E~~()F. LENDER:
!,"'?i','S.~~~,;~:-:.',' 0 -
H.SE1JLEMENT AGENl:
.J1 (;~,OFSETTLEMENl:
METES AND BOUNDS
XXX X GULF BOULEVARD
CLEARWATER, Florida 34630
COASTAL BONDED TITLE CO. OF CLEARWATER
501 SOUTH FT~HARRISON, SUITE 203
CI,.EARWA'J.'IiiR,,'fLQRIDA 34616
I. SETTLEMENT DATE: March 22, 1996
SUMMARY OF BORROWER'S TRANSACTION
G, PROPERTY
LOCATION:
1Q~lf~.t4lff sales price
102. Personal property
103.1'~ttlemenrcha:~gestoborrower:' :
." ((rOl'1}ini3 ,,14PO)
ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE:
106~;9iiy/town taxes to
107. County taxes to
108. Assessments to
109.
1.10.
111.
112.
404.
405;
ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE:
406. City/town taxes to
407. County taxes to
408. Assessments to
409.
410.
411.
412.
207.
208.n
209.
II . I
501. Excess deposit (see instructions)
502. ~ttle,nent charges to seller (line 1400)
503: Existing loan(s) taken subject to
504.~yoff of first mQrtgage loan
505. Payoff of second mortgage loan
506",,,,,' .
"
507,
508.
509.
201. Deposit or earnest money
~0~!R{!\l9JP~ka,mouflt. of pew ,Ioan(s) ,
20~.. Existing Ipan(s) taken subject to
204/' ,'.' , '
210: City/town taxes
2ti.Co~,n,t'.Y.'"t, axes
;,-:..""'<",_!>,,,,',;:.
212, Assessments
21:f.:XCHANGE
214.
215,
216.
~.1.7-
to
to
to
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER:
510. City/town taxes to
511. County taxes to
512. Assessments to
34,475.00 51:EXCHANGE
514.
515.
516,
517.
518.
519.
520. TOTAL REDUCTIONS
34,475.00 IN AMOUNT DUE TO SELLER: ~
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER:
34,475.00
220. TOTAL PAID BY/FOR
BORROWER:
35 101 50
300. CASH AT SETTLEMENT FROM/TO BORROWER: 600. CASH AT SETTLEMENT TO FROM SELLER:
30t:~rp~sarT)oynt~ue from borrower (line 120)
30?'.bl~ambl,Jl'ltpaid by/for ' borrower (line 220)
34, 475 . 00 601. Gross amount due to seller (line 420)
( 34 , 475 . 00) 602. Less tQtal reductions In amount due seller (line 520)
34,475.00
35,101.50 )
303. CASH (0 FROM) (~TO) BORROWER:
o .00 603. CASH
(0 TO) (KJ FROM) SELLER: ~
626.50
8/89
.
904-398-8615
~ S8,4-3538,ooO-1
, r HUD.1 (3-86)
RESPA, HB 4305.2
CHARGES
~ ~
.
;~;701~;$(
",,:,'ct:,,",o,'
702. $
JQ3",Commission paid at settlement
,704.
~,g2~lPanOrjglnation fee'
.802. Loan Discount
803tAppralslilFee to:
804. Credit Report to:
805ilJ.ender'~)nspecUon fee
806, Mortgage Insurance application fee to
807;;Assumptionfee
808.
"
IlI\Q '~''i''
.U)lf(r....~~,t;~",; ,
810.
811Ji;);r
900, ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE
991~:fnterestfrom@$Y: '
902, Mortgage insurance premium for mo. to
.,'99~~~g.r~J~~lJr.Q~epr~ml\llllf9~:;i,~",~;;;'b;;;;j3.,t ;1~W,';',';~l";Gj(~lii;,';;;;:,..l~~::':~I~~j,;A1J;;;;f.j;~~t:>it~~i!i~~~'~,'*1::1l' ~~., '
904. Flood Insurance Premium for yrs. to
905~1*~;,
1000, RESERVES DEPOSITED WITH LEN DER:
1001:JHazard insurance
1002. Mortgage insurance
1oo~;Clty' property taxes
1001,County,property taxes
1005. Annual assessments
1006, Flood Insurance
;':",,;.J
1ooV';,
1008,
1009.
months @ $
months @ $
months @ $
months @ t
months @ $
months @ $
months @ $
months @ $
per month :
per month
per month,
per month
per month
per month
petmonth, ~., :,i .
per month
1100, TITLE CHARGES:
1101. Settlement or closing fee to Coastal Bonded Ti tl e Co.
11021~iI\l:Istractor t1tleIl911I'Cnto Coastal $ondedlf:i.tle
110:Crltle examination to Coas tal Bonded Tit I e Co.
"'1M!~!.!l.ln~lJr~n~~ipro4fti:;t9,
1~05',Document prep~rati?n to
1~jI.9!~J~~t,O,.I;,);i,ilf
1107. Attorney's fees to
(includes above items Numbers:
,1 '" , " 'j~le,}rllura,pce~() ..';",.','.',... ;' ;,' ,r.~~!.~f;!.i~~9Ad.~cf.tl'~tl.~~'-~ ~;i:R~!:
., / '>';(incIUdep:~booje;ltsmSWq~}'i~~r~JtX~~::P~EI\ItW<<;.!~J.:9~ti1,
1109, Lender's coverage $
111Q!9wner's coverage $34.1475. .00
1111-
1112.,
1113.
1200, GOVERNMENT RECORDING AND TRANSFER CHARGES:
12WRecordingfees: Deed $
1202, City/county tax/stamps:
1~~;~!~t~". ta)(/llta,nps:
1204.
"'.;;<1:<;
12()5.;!:;:,'
15.00
Deed $
De6d$
; Mortgage $
; Mortgage $
241.50 ; MortgageS
; Releases $
1300, ADDITIONAL SETTLEMENT CHARGES:
1Mti~fY~y;t9';' .
1302. Pest inspection to
1303'-~f~-fitI
"-!'"":;;--r7~0";.
1304,
1~~;;(k
1306.
1ao7~~;i
1400. TOTAL SmLEMENT CHARGES (Enter on line 103, Section J - and - line 502, Section K)
..
PAID FROM
BORROWER'S
FUNDS
AT
SmLEMENT
PAID FROM
SELLER'S
FUNDS
AT
SETTLEMENT
15.00
241. 50
626.50
I have carefully reviewed the HUD.1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts
and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of HUD.1 Settlement Statement.
.,,,,w,,,::~fu :;:::tLjU'IN~. ""em ::~y ~~~
The HUD-l Setlla:em,"1 wh;,h I h", "eo,,'" ;, a I", "d """ate ",,,,", 'I !hI, ""'",11'0. I h", 03'''''' w;1I '"""!h, I""" I, b,
disbursed in accordance wit this statement.
Settlement Agent Date March 22 1996
AUDR ROCHEST File No. 96-17437
WARNING: 11 is a crime to knowlingly ake false statements to the United States on this or any other similar form. Penalties upon conviction
:;~.o:: a "0'" Im"",,,omool. Fa, detail, "., Tltl, ,. u.s. Coda 1001 BO' ."'floo 1010.
Page 2