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WILLIAM AND MYLDRED BLACKBURN (7) ....-/ - '----}\i,C(;h4)El> l ,I ~INElLA~F:.OrR:l'A i J <1~'<"~ER~i~~~; I ". )~ ", '~.. .III ~ 4 1.. fK '13 .,J (J/J t" \. ,,\ 1 \ II' u.R.3967 PAGE 42 ,., 73001390 WAR RAN T Y DEE D ~ -THIS INDENTURE, Made this 26th day of December, A.D. 1972, Between William G. Blackburn and My1dred L. Blackburn, his wife, as to an undivided 1/4th interest, Wallace W. Blackburn and Anne Elizabeth Blackburn, his wife as to an undivided 1/4th interest and John D. Fite, a single man, Individually and as Trustee, as to an undivided 1/2 interest; all of the County of Pinel1as in the State of Florida, parties of the first part, and City of Clearwater P. O. Box 4748 Whose post office address is:/City Hall, Clearwater, Florida 33518 of the County of Pine11as in the State of Florida, party of the second part, WITNESSETH, that the said parties of the first part, for and in consideration of the sun of Ten Dollars and other good and valuable consideration, to them in hand paid by the party of the second part, the receipt of which is hereby acknowledged, have granted bargained and sold to the said party of the second part its heirs and assigns forever, the following described land, situate, lying and being in the County of Pine11as, State of Florida, to wit: From the SW corner of Lot 256, Morningside Estates, Unit 2, as recorded in Plat Book 60 Page 33 of the Public Records of Pine11as County, Florida, as a POB; run S89008154" E, 110 feet to the SE corner of said Lot 256; thence run S89013112" E along the North line of the SW 1/4 of the NE 1/4 of Sec.19, Twsp. 29S, R 16E, 333.24 feet; thence run S0051 116" W along the East line of the West 1/4 of the SW 1/4 of the NW 1/4 of said Sec. 19, 746.69 feet to a point on the Northerly right of way line of Harn Boulevard as shown on the Plat of Morningside Estates, Unit 4, as recorded in Plat Book 61 Page 92 of the Public Records of Pine11as County, Florida; thence run N89021 112" Wa10ng said right of way line 190.46 feet; thence run Northwesterly along a curve to the right of 80.00 feet radius {chord bearing N66057128" W a distance of 60.96 feet and an arc of 62.54 feet; thence run N4403314511 W continuing on said right of way line 531.94 feet; thence run N45026115" E along the Southerly right of way line of Flushing Drive 194.45 feet; thence run Northerly along a curve to the left of 160 feet radius (chord bearing N23008140" E a distance of 121.39 feet and an arc of 124.51 feet); thence run N0051 106" E along said right of way line 99.71 feet to the POB; LESS AND EXCEPT the following tracts: From the South corner of Lot 234, Morningside Estates, Unit 2 as recorded in Plat Book 60 Page 33 of the Public Records of Pine11as County, Florida, and run S44033145" E 285 feet for a POB; thence run N45026115" E,325 feet; thence run S44033145" E, 210 feet; thence run S45026115" W, 325 feet; thence run N44033145" W, 210 feet to the POB; and being a part of Lot 17, Pine11as Groves in NW 1/4 of Section 19, Township 29 South, Range 16 East and part of Lot 24, Pine11as Groves in NE 1/4 of Section 19, Township 29South, Range 16 East; AND From South corner of Lot 234 of Morningside Estates, Unit 2, as recorded in Plat Book 60 Page 33 of the Public Records of Pinel1as County, Florida, and 'run S44033145" E, 60.00 feet for the POB; thence continue S44033145" E, 225 feet; thence run N45026115" E, 295 feet; thence run N44033145" W, 155 feet; thence run Westerly 110.0 feet to a point on the South right of way line of Flushing Avenue that is 210 feet NE of intersection of Flushing Avenue and Harn Boulevard as platted in said Plat Book 60 Page 33; thence run S45026115" W along said South right of way line of Flushing Avenue 210 feet to POB; and being a part of Lot 17, Pine11as Groves in NW 1/4 of Section 19, Township 29 South, Range 16 East and part of Lot 24, Pine11as Groves in NE 1/4 of Section 19, Township 29 South, Range 16 East; lying and being situate in Pine11as County, Florida. containing 4.809 acres M. O. L. o u ... <1>:;; ~ ~::l t-llIi: <1><( j:~i::~e \ <( ... ._ llIi: ~ c~~:ig~ W~..,.olL""" c.....,.'" Z<( .!!!-'f'b w<l>::EllIi:' o....g.c~" a::Iu.c..<(':'-... ..IILII.~~ <(0 U)llIi: t- 00<( en -w <( "'.... o U u Subject to taxes for the year 1973 and thereafter. Subject to easements and restrictions of record, if any. And the said parties of the first part do hereby fully warrant the title to said land, except as set forth hereinabove, and will defend the same against the lawful claims of all persons whomsoever. v Return to: City of Clearwate r P. O. Box 4748 Clearwater, Florida 33518 'rhis instrument was prepared by Doris H. Delise as ',{;ec;'C for Coastal Bonded Title Co., 318 So. Missouri Avenue, Clearwate,' Florida, as a necessary incident to the fulfillment of a condition contained in a title insurance commitment issued by it. ,.. 1.2-o5/-r) ... --...-------~._.-- I ,~. " Z!:(~~D',~t ) ''J, I ~~ ~ J _,(,:,.rI--fII./ , ' (/ ~~ ~~\Sl~~\ j- Jet J '~'~ /",> ) STATE OF FLORIDA } } SS COUNTY OF PINELLAS} Jr ""'llllIIII -~ "' ~ 'o.R.3967 PAGE ,43 (SEAL) SEAL} (SEAL) SEAL} Trustee I HEREBY CERTIFY, That on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, William G. Blackburn and My1dred L. Blackburn, his wife, and Wallace W. Blackburn and Anne Elizabeth Blackburn, his wife, and John D. Fite, a single man, Individually and as Trustee to me well known and known to me to be the individuals described in and who executed the foregoing deed and they duly acknowledged before me that they duly executed same freely and voluntarily for the purposes therein expressed. WITNESS my hand and official seal at Clearwater in the County of Pine11as, and State of Florida, this ,2 9<<-day of t-().,Lc-{',T>1.-L'\...) A.D., 1972. ,J~ J:,~jP/t I No y b 1 i c ' NOTARY 'UBLlC STATE OF FLORIDA AT I.MGI MY COft1MlltsION EXPIRES JULY 2&, 1975 GIN!RAlINSURANCE UNDERWRITERS, INC. Expires: ' , N ,ri':;~;:~~-:::~---~ DOCUMENT6RY 3 (I) c.r> en 0IT';'XI ""J'..",. \, S t} R : U ::: j~ "<I" ;~ ,,' ~~'4 tL3URdi,Sj", ~~. ~~ : ~8 = ""-,~~;~~.t'-4'13 I 0 3. 40 ; ~8 = ....r Of P.R, , ~ c> PHlHUf _ \ 1047 - <=> ~ STATE OF FLORIDAI DOCUMENTARY 0<<;''';;;;'; STAMP TAX I ~PT. o!- REVENUE lit ~i I == == JAN-4'73 ,':' .1 2 8 2. 0 0 r = IbsB34 ~ '. J ',".~_ ,,,,",,.'J'.....',,.....v' ',' _.......~..;.,-,.._' ' . . ._,,_,-^-,.__~ ,_."\...,.'-,~.'"<...:....::;,..:.^"._..v,,."-...,-" ,,".,.J. '-."' ,.,' "",.-,-....,.. ,"' " " .' ......,'.-,,'.". ~, -,~" " c" I -""lII I CLOSING STATEMENT' . Clearwater, Florida December~1, 1972 Seller: Wallace W. Blackburn, William G. Blackburn, et al Purchaser: City of Clearwater, Florida Property Description: Portion of Section 19-29-16 Containing 4.809 Acres, m.o.1. (Recreational Area - Morningside Complex) Credits to Seller: Sales Price Credits to Purchaser: Cash to close $94,000.00 I i $94,000.00 $94,000.00 $9 A "00 "" ' -,r,v . \IV 1f~j. ~....... " tJ r: ", t"\j \1/ RECORDED' . \ l>l f.LLAS CO. fLOR'O~ -, 4\~~ CLERK CIRCUIT COURT . JlM 11 4 l' '" 'It , '(2004596 - LO.R. 3702 rACE 285 MEMORANDUM AGREEMENT THIS AGREEMENT, made and entered into this //~' day of January, A. D. 1972, by and between WALLACE W. BLACKBURN and ANNE E. BLACKBURN, his wife, WILLIAM G. BLACKBURN and MYLDRED L. BLACKBURN, his wife, and JOHN D. FITE, a single man, individually and as Trustee, hereinafter referred to as Seller, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as Purchaser; WITNESSETH: WHEREAS, the Seller is the owner of the following described property, situated in Pinellas County, Florida, to wit: From the SW corner of Lot 256, Morningside Estates, Unit 2, as recorded in Plat Book 60, page 33 of the Public Records of Pinellas County, Florida, as a P. O. B. ; run S 89008'54" E, 110 feet to the SE corner of said Lot 256; thence run S 89013'1211 E along the North line of the SW ~ of the NE ~ of Section 19, Township 29 South, Range 16 East, 333. 24 feet; thence run S 0051'1611 W along the East line of the West ~ of the SW ~ of the NW ~ of said Section 19, 746.69 feet to a point on the Northerly right of way line of Harn Boulevard as shown on the Plat of Morningside Estates, Unit 4, as recorded in Plat Book 61, page 92 of the Public Records of Pinellas County, Florida; thence run N 89021'1211 W along said right of way line 190.46 feet; thence run Northwesterly along a curve to the right of 80. 00 feet radius (chord bearing N 66057'2811 W a distance of 60.96 feet and an arc of 62.54 feet; thence run N 44033'4511 W continuing on said right of way line 531. 94 feet; thence run N 45026'1511 E along the Southerly right of way line of Flushing Drive 194.45 feet; thence run Northerly along a curve to the left of 160 feet radius (chord bearing N 23008'4011 E a distance of 121.39 feet and an arc of 124.51 feet); thence run N 0051'0611 E along said right of way line 99.71 feet to the P. O. B.; and WHEREAS, the Seller has as of this date sold and conveyed to the Purchaser the following described portion of said property: From the South corner of Lot 234 of.,;Morningside Estates, Unit 2, as recorded in Plat Book 60, page '33 of the Public Records of Pinellas County, Florida, and run S 44033'4511 E, 285 feet for a P. O. B. ; thence run N 45026'1511 E, ...325 feet; thence run S 44033'4511 E, 210 feet; thence run S 4502611511W, 325 feet; thence run N 44033'45" W, 210 feet to the P. O. B.; containing 1. 56 acres M. O. L. and being a part of Lot 17, Pinellas Groves in the NW ~ of Section 19, Township 29 South, Range 16 East and a part of Lot 24, Pinellas Groves in the NE ~ of Section 19, Township 29 South, Range 16 East, Pinellas County, Florida; and -1- This instrument \Va3 prepared by: HEItBE:H,T K. LllC';,~/N, City Attorney City of Clearwa~c;r, P. O. Box 4748 Clearwate:,:, F'loI'i~la 33518 i ...~ .;1 r'..~'" (jh(, I , ,D.L 3702 00286 WHEREAS, the Seller has granted to the City of Clearwater the right to use and an option to purchase for a period of five (5) years from this date a portion of the overall described property, being more specifically described as follows: (It I '........ ,. f). , 7';.",.,..11:_ ~ From the SW corner of Lot 256, Morningside Estates, Unit 2, as recorded in Plat Book 60, page 33 of the Public Records of Pinellas County, Florida, as a P. O. B. ; run S 89008' 54" E, 110 feet to the SE corner of said Lot 256; thence run S 89013'12" E along the North line of the SW i of the NE i of Section 19, Township 29 South, Range 16 East, 333. 24 feet; thence run S 0051'16" W along the East line of the West i of the SW i of the NW i of said Section 19, 746.69 feet to a point on the Northerly right of way line of Harn Boulevard as shown on the Plat of Morningside Estates, Unit 4 as recorded in Plat Book 61, page 92 of the Public Records of Pinellas County, Florida; thence run N 89021'12" W along said right of way line 190.46 feet; thence run Northwesterly along a curve to the right of 80.00 feet radius (chord bearing N 66057'28" W a distance of 60.96 feet and an arc of 62.54 feet; thence run N 44033'45" W continuing on said right of way line 531. 94 feet; thence run N 45026'15" E along the Southerly right of way line of Flushing Drive 194.45 feet; thence run Northerly along a curve to the left of 160 feet radius (chord bearing N 23008'40" E a distance of 121.39 feet and an arc of 124.51 feet); thence run N 0051'06" E along said right of way line 99.71 feet to the P. O. B.; LESS AND EXCEPT the following tracts: From the South corner of Lot 234 of Morningside Estates, Unit 2 as recorded in Plat Book 60, page 33 of the Public Records of Pinellas County, Florida, and run S 44033'451' E, 285 feet for a P.O.B.; thence run N 45026'15" E, 325 feet; thence run S 44033'45" E, 210 feet; thence run S 45026'15" W, 325 feet; thence run N 44033 '45" W, 210 feet to the P. O. B. ; containing 1. 56 acres M. O. L.and being a part of Lot 17, Pinellas Groves in NW i of Section 19, Township 29 South, Range 16 East and part of Lot 24, Pinellas Groves in NE i of Section 19, Township 29 South, Range 16 East; AND From South corner of Lot 234 of Morningside Estates, Unit 2, as recorded in Plat Book 60, page 33 of the Public Records of Pinellas County, Florida, and run S 44033'45" E, 60.0 feet for the P. O. B. ; thence continue S 44033'45" E, 225 feet; thence run N 45026'15" E, 295 feet; thence run N 44033'45" W, 155 feet; thence run Westerly 110.0 feet!.. to a point on South right of way line of Flushing Avenue that is 210 feet NE of intersection of Flushing Avenue and Harn Boulevard as platted in said Plat Book 60, page 33; thence run S 45026115" W along said South right of way line of Flushing Avenue 210 feet to P. O. B.; containing 1. 46 acres M. O. L. and being a part of Lot 17, Pinellas Groves in NW i of Section 19, Township 29 South, Range 16 East and part of Lot 24, Pinellas Groves in NE i of Section 19, Township 29 South, Range 16 East; ;, NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration and by mutual consent and agreement, the parties .2. .. r" - .. I , ,o.a.3702 PAGE 287 hereto are executing this Memorandum Agreement to be recorded in the Public Records of Pinellas County, Florida, as notice of the existence of said agreement and option to purchase between the parties dated and executed this date. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. As to illiam Blackburns -4Ji1 ?; 'zt)~A~ ~~ (i, ~ As to ohn D. Fite STATE OF FLORIDA ) COUNTY OF PINELLAS ) ; I P1I~tAI~AL) Wallace W. Blackburn (.i~4U~aA.!'~ (SEAL) Anne E.lackburn ~- .....r: ~~ (<::F.Al=) William G. Blackburn (SEAL) (SEAL) I HEREBY CERTIFY, that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledg- ments, personally appeared Wallace W. Blackburn and Anne E. Blackburn, his wife, William G. Blackburn and Myldred L. Blackburn, his wife, John D. Fite, a single man, individually and as Trustee, to me known to be the persons described in and who executed the foregoing instrument. anci they acknowledged before me that they executed the same. WITNESS my signature and official seal at Clearwaterin,th~'\"CI'u.'llty of ,-.. I,' ....... 't Pinellas and State of Florida, the day and year last above writt'e:tl.~",~7,~':j >'-'r', , , ...,..., , .' _1 .', '. v, '":~ '':)\1''" .'Y~ , I '.'~ ~ ,~ . ~..... My Commission Expires: P blic State of Florida at largl! Nota'to~mis~ion Expires Aug, 1. 1974 BMYd d b) Tr:u>",,,n,.,nca Insurance Ca.. UII l;; ~ J(jjg . " .. '. '; \ ".." ,", <,(:;;.. .,./":' ~) -'. ,; . V ~ \ ~.--.i'.. ~,., i,' I I I, ':, \ ~\... ' "tH:;,:-;.\l':i\ -3- .. ,,'.. I , .u.R. 3702 fACE 288 STATE OF FLORIDA ) COUNTY OF PINELLAS ) I HEREBY CERTIFY, that on this II -tt? day of January, A. D. 1972, before me personally appeared Merrett R. Stierheim, Herbert M. Brown, R. G. Whitehead and H. Everett Hougen, respectively City Manager, City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater, a municipal corporation existing under the laws of the State of Florida, to me known to be the individuals and officers described in and who executed the foregoing, and severally acknowledged the execution thereof to be their free act and deed as such officers thereunto duly authorized; and that the official seal of said municipal corporation is duly affixed thereto, and the said is the act and deed of said corporation. WITNESS my signature and official seal at Clearwater in the County of Pinellas and State of Florida, the day and year last above written. ',' ..,. ' ""'''''?i:~~;" "'" My Commission Exoires: Notary Public. Slate of Ronda "3t large My (D;!!,,~i\i,,~ EXlllres Oct. 21, 1974 Iloodod by Amer:can f.re & Ca~u.lty Co" ..4... Rnd 18lurtaS, the said requested the said hereinafter described, Mortgage: Itt)W lhtrtft)rt; Itww !ft, That the said Mortgagee as well in consideration of the premises as of the sum of Thirty F,ive Thousand and No/lOO----_____________________________ d 11 t't oars, 0 l paid by the said Mortgagors aUheJime of the execution hereof, the receipt whereof is hereby acknowledged, does remise, re- ," 0, -,e1is~,:quit-claim, exonerate and discharge from the lien and operation of said mortgage unto - ;,\ ", <the s4i~ ~ Mortgagors , ~ ;~ . ",\l>B: .2:-1,.eirs and assigns, all that piece, parcel or tract of lancI, being a part of the premises 1 ;:i~' . I: :":c~~~81 by said mortgage, to-wit: From the SW cor of Lot 256, Morningside Estates ~/ ,,,. " p1t-"~.,,~1'1at Book 60 Page 33, Public Records Pinellas County, Florida, as a POB; run $9.~~"''54''E, 110 feet to SE cor of said Lot 256; thence run S89.l3'12"E along the .~~~ line of the SW~ofN~ of Se. 19, T29S,R16E, 333.24 feet; thence runSO.5l'16'~ long the East line of the W\ of the SW \ of NW\ of said Sec. 19, 746.69 feet to a oint on the northerly right of way of Ham Blvd. as shown on the plat of Morningsid states, Unit 4, Plat Book 61 Page 92, Public Records Pineklas4County, Florida; then e run N89.2l'12" W along said right of way line 190.46 feet; thence run Northwesterly long a curve to the right of 80.00 feet radius(chord bearing N66.57'28" W a dietanc f 60.96 feet and an arc of-D2.54_fe.e.t..;.__thpn~e...run, N44.J3'45" lLc.ontinuingon said ight of way line 531. 94 feet: thence run N45.26' 15" E along the southerly right of ay line of Flushing Drive, 194.45 feet; thence run N'ly along a curve to the left 0 160 feet radius (chord bearing N23.08'40" E a distance of 121.39 feet and an arc of 124.51 feet); thence run NO.5l'06"E along said right of way line 99.71 feet to the OB; LES8 AND EXCEPT the following tracts: From the South corner of Lot 234, Morning ide Estates Unit 2, Plat Book 60 Page 33, Public Records Pinellas County, Florida, nd run 844.33'45" E 285 feet for a POB; thence run N45.26'15" E,325 feet; thence ru 44.33'45" E, 210 feet; thence run 845.26'15" W, 325 feet; thence run N44.33'45" W, 10 feet to the POB; MOL and being a part of Lot 17 Pinellas Groves in NW~ of Sec.19 298,R16E and part of Lot 24 in NE\ of Sec.19,T29S,R16E; AND from the south corner 0 t 234 Morningside Estates Unit 2, Plat Book 60 Page 33 Public Records Pinellas Cou 10rida, and run S44.33'45" E, 60.0 feet for the POB; thence continue 844.33'45" E, 25 feet; thence run N45.26'15" E,295 feet; thence run N44.33'45" W, 155 feet; thenc un Westerly 110 feet to a point on the south right of way line of Flushing Ave. tha s 210 feet HE o. f intersection of Flushing Ave. & Ham Blvd\ as platted in Plat Boo~ 1i lJ_.. ~ ld \Continuea on reverse side hereof) t) nAPt and to nD the same, with the appurtenances, Unto the said Mortgagors, their heirs and assigns forever, freed, exonerated and discharged of and from the lien of said mortgage, and every part thereof; Pro- vided always, nevertheless, that nothing herein contained shall in anywise impair, alter or cltmtnfsh -th~!;..Jien6f' incumbrfmCe4 the-aforesaid Mortgage onthe;1'emaining part of said mortgaged premises not hereby released therefrom, or any of the'rtgh(s and rem~dies of the holder thereof. ' Ill; 1tIitntSs IlhertDf, the.said Mortgagee has caused these presents to be executed in its name, and its affixed, , by", its proper officers thereunto duly authorized, this ~ " A. D., 19 7)- . . ({ / ';' I-l Q) ..j.> rdOO .~ ~ ~ rd ~ ~ It'l <u >< I-l ('I') 802('1') . t:Q rd rd '+-I ~ 'tl o . I-l..... -e-O ~ ~ -4~ . f""""'t ....... u~u~ .. o .j.> ~ I-l ;j .j.> Q) cr; ~ o u ~ GIll> ~ ~~ :l!! ~ ~ -~;::::<t_ :a-<t~~~ .LI3:...~...I-\ ~~;.~~~ J ~ ~ ~:li . Qu,g:E~ ~ .JOILIl.~3:' :( !Ill!! - CD <t " ;:; ~ ~ u ) tis instru Ir Coastal ~orida, as ndition c . , PARTIAL RELEASE OFMORTGAGf .11 ., DREW'S ~RM I. E. 41, Manufactu..l..'.and far .010 by Tho H. & W. II. Drow Company, Iy Corporatlo.. '. I 73001.391 . Jackoonvllle, Flor:', A A J{nt)W illl JRtn J~ Thest prtsmts: 'G.R. .3967 PAGE ,':t':t ~htrtaS, Blackburn & Peck Enterprises, Inc. by Indenture of Mortgage bearing date the 18th day of September A. D. 19 6it and recorded in the office of the Clerk of the Circuit Court in and for the County of Pinellas , State of Florida, in Official Record Book 2006 , page 341 ,mortgaged unto Clearwater Federal Savings and Loan Association a corporation existing under the laws of the United States of Americaand assigns, mortgagee ,the premises therein particularly described, to secure the payment of the sum of Two Hundred Fifteen Thousand and No/lOO-------____________.._____________ Dollars, with interest as therein mentioned: , mortgagor "aa REOI}/iOIW "' "illAS co FLORIDA ~~ GLU. C'RCUIT COURT Mortgagors .AI ~ ~.1 eM I,,, ha ve Mortgagee It t9 r'lIIase the premi.ses being part of said mortgaged premises, from the lien and operation of said Signed. sealed and delivered in the presence of: -:=?~-~~---------------h-h...h- ---tf~h7h.!6..~--h----h...---h-- e M '- o.R.3967 PAGE 45 Jtate of FLORIDA tountg of PINELLAS - J llerebytertify that on this day, before me, an officer duly authorized in the State and Cou~iy - aro;.e~aid i~ tak; -;c1~-n~~red9~;":;:t~, personally appeared PARKER J. STAFFORD and HELEN F. POGUE J. Assis~nt Vice well known to me to be t~.Ii, President and Secretary respectively of the corporation partially feledsing the mortgage described in the foregoing instrument, and that they severally .acknowl~dged w.<::uting the same. in the presence of two subscribing witnesses freely and ud{itntqrily ahde' allm'ority duly vested in them by sqidcorporation and that the seal cafftxedtheretoisthe true corporate seato/said corporation. - Uitness my hand and official seal in the County and State last aforesaid this ,,~} {. ~ dayof ~~ ,A.D.19/~ --~-~---~--------------~-------- \ ,.,' ,-, J ~ j.l~ 't- _,_______m_m'_______w__mmm____m_______ --~:-:,:~~----:::-, IS: c - --, - "1- - . - - . .-;. -~~ < .... -, - NOTARY PUIJLlC, snrr: Of l~AT ~f<<It- .- -, -- MY, COMMISSION [XpmES~rr 7., 19~, BONDED THRU FRED. W. -DIElI'tt'JJiP.RST I "' ~1Il':> tl.1T010 9UI ~d '6~1 OOEL - ~8 '" N ~ '~ . ~ ;z: .. Q ~ ~ ~ ~ !" ~ t:I !;' m -, '" -< * m . ~ ::e ~ n .,; 'n 0 ~ 0 ;ll ." :I ~ '11 Q 0 " 0 '" 0 ~ ~ :0 ;ll ~ :< > 1" ~ -l ~ ~ (5 ~ ~. !" =- Z ~ ~ ~ 0 :0 ~ ~ ~ ~ ~ ." ~ f ~ ;;: ~ !' . --------:-----,-,-~-,,---' --,-,' ---,,_._- (Description Continued) 60 Page 33; thence run S45.26'15" W along said South right of way line of Flushing Ave. 210 feet to the POB, and being a part of Lot 17, Pinellas Groves in the NW~ of Sec.19..'l;~9S.Rl6E, and part of lot 24 in NE~ of sec.19. T29S,R16E, Pinellas County, Flori4a. ,-- ~_ The int~nt of ehis Partial Release of Mortgage is to also release the above described lane ,f~ommOrtgag8$,recorded in O.R. Book 2791 Page 423 and O.R. Book 3701 Page 148 all of the ~ ~ub lie Recordts of-rine llas County ,Florida. ,~.~ .:n~~ .' ", ~w, ' !nl': !~,:";~ '~ Wif ~~., "'" ';-.~ ' :~' '.:, , " ;;~,~\!,~,,:,;,., '''.~,....;~!' 'm!, _'l~\i' ,.",-. ~~. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM A-1970 (Amended 10-17-70) ~f,t " 10 112 01 00943 ~; ''tl ~, ~~; CHICAGO TITLE INSURANCE COMPANY ~ '~+ ."..~. SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, CHICAGO TITLE INSURANCE COMPANY, a Missouri 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, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: I . Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; " .~ " .".~ 2. Any defect in or lien or encumbrance on such title; or 3. Lack of a right of access to and from the land. '-~. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. , ' ~?f ~, ~' ~+ .~:s. 1';-' CHICAGO TITLE INSURANCE COMPANY ~;. ~:t~, J" ii"f ~~ Issued by: ATTEST: COASTAL BONDED TITLE CO. OF CLEARWATER Phone 442-9671 318 South Missouri Avenue CLEARWATER, FLORIDA 33516 ~ -e9Jke~ Secretary. IMPORTANT Tbis policy necessarily relates solely to tbe title as of tbe date of tbe policy. In order tbat a pure, baser tL r of tbe real estate described berein may be insured against defects, liens or encumbrances, tbis ,POli~ ". sbould be reissued in tbe name of sucb purcbaser. ~. T- _ ~ I \1li',,~ ";i1~!, .:l:!i' . .Sf; -@'.. ,';:;', i~'~ ..i~ :\r.. :<ii; 'la', ',;.{:, ::ii.' :'~!;'- !i~' :I~ii __(.~l ,'_ ___ ;ii!i-;i\l'j~~,I~~IJ:.;i!H\il ~w, ,.;" i!fHk..W,*} ;ilji, :illi" n', r! ';!v .\ih:!iV, ".':~#iii:~ii"-~U~F:t.',.;i!};\\ Copyright 1969 American Land Title Association .~~!, " :~ rs; .~~ ! ~ .~~ .~~ "7", tit' .~ :~ ~, ~. ~ +~~ t .~~~ 1"f;'= t~ I~: "I, ;~ ;;; ~; ~ EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appe.ardn.1hepublic_recQrdsaLDateof Policy.---------------- 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A. , I A- SCHEDULE A Number Date of Policy Amount of Insurance 10 112 01 00943 1/4/73 $94,000.00 1. Name of Insured: CITY OF CLEARWATER, FLORIDA 2. The estate or interest in the land described herein and which is covered by this policy is: Fee simple 3. The estate or interest referred to herein is at Date of Policy vested in the insured. 4. The land herein described is encumbered by the following mortgage or trust deed, and assignments: and the mortgages or trust deeds; if any. shown in Schedule B hereof. 5. The land referred to in this policy is described as follows: From the SW corner of Lot 256, Morningside Estates, Unit 2, as recorded in Plat Book 60, page 33 of the Public Records of P1nellas County, Florida, as a P.O.B.; run S89008'54" E, 110 feet to the SE corner of said Lot 256; thence run S89013'12" E, along the North line of the SW 1/4 of the NE 1/4 of Section 19, Township 29 South, Range 16 East, 333.24 feet thence run S 0051'1611 W, along the East line of the West 1/4 of the SW 1/4 of the NW 1/4 of said Section 19, 746.69 feet to a point on the Northerly right of way line of Harn Boulevard as shown on the Plat of Morningside Estates, Unit 4, as recorded in Plat Book 61, page 92 of the Pub 11 c Records of Pinellas County, Flori da; thence run N89021'12" W, along said right of w~ line 190.46 feet; thence run Northwesterly along a curve to the right of 80.00 feet radius (Chord bearing N66057'2811 W, a distance of 60.96 feet and an arc of 62.54 feet; thence run N 44033'45" W, continuing on said right of way line 531.94 feet; thence run N45026'15" E along the Southerly right of way line of Flushing Drive 194.45 feet; thence run Northerly along a curve to the left of 160 feet radi us (chord bearing N23008'40" E a distance of 121. 39 feet and an arc of 124.51 feet ( : thence run No051' 0611 E along said right of way line 99.71 feet to the P.O.B.; LESS AND EXCEPT the following tracts; From the South corner of Lot 234, Morningside Estates, Unit 2 as recorded in Plat Book 60, page 33 of the Public Records of Pinellas County, Florida, and runS44033'45" E, 285 feet for a P.O. B. thence run N45026'15" E. 325 feet; thence run S44033'4511 E, 210 feet; thence run S45026'15" W, 325 feet; thence run N 44033'45" W 210 feet to the P.O.B., and being part of This policy valid only if Schedule B is aHached. i) ADD ED' ,. R-,z...64 (Schedule A continued) Policy Number 10 112 01 00943 Ownen Policy Number loan Lot 17, Pinellas Groves, in the NW 1/4 of Section 19, Township 29 South, Range 16 East and part of Lot 24, Pinellas Groves in the NE 1"4 of Section 19, Township 29 South, Range 16 East,; 'AND from South corner of Lot 234 of Morningside Estates, Unit 2, as recorded in Plat Book 60, page 33 of the Public Records of Pinellas County, Florida and run S 44033'45" E 60.00 feet for the P.O.B. thence continue S44033'45" E 225 feet thence run N45026'1511 E 295 feet; thence run N44033'4511 W, 155 feet; thence run Westerly 110.0 feet+to a point on South right of w~ line of Flushing Avenue that is 210 feet NE of intersection of Flushing Avenue and Ham Boulevard as platted in said Plat Book 60, page 33; thence run S45026'1511 W along said south right of way line of Flushing Avenue 210 feet to P.O.B. and being a part of Lot 17, Pine11as Groves in the NW 1/4 of Section 19, Township 29 South, Range 16 East, and part of Lot 24 Pine11as Groves in the NE 1/4 of Section 19, Township 29 South, Range 16 East all lying and being situate in Pinellas CouAty, Florida. . ' OWNERS FORM ' I . . " SCHEDULE B Policy Nu",ber 10 112 01 00943 Owners This policy does not insure against loss or damage by reason of the following exceptions: General Exceptions: (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) Taxes or special assessments which are not shown as existing liens by the public records. Special Exceptions: The mortgage. if any. referred to in Item 4 of Schedule A. 6. General taxes for the year 1972 and thereafter. 7. Easement to Florida Power Corporation, dated 5/13/65 and filed 1/7/65 and recorded in O.R. Book 2168, page 276 of the Public Records of Pinellas County, Florida, granting an easement for facilities over captioned land. Coastal Bonded Title Co. of Clearwater Countersigned ~~ Authorized Signatory Schedule B of this Policy consists of 1 pages. CONDITIONS AND STIPULATIONS (Continued) a payment under this policy. The Company shall have the option to apply to the payment of any such mortgages any amount that other- wise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. 10. Apportionment If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. Subrogation Upon Payment or Settlement Whenever the Company shall have settled 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 such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Com- pany, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, the 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 such insured claimant, such 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 hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation, 12. Liability Limited to This Polley This instrument together with all endorsements and other instru- ments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by 'writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. Notices, Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to its principal office at 111 West Washington Street, Chicago, Il1inois 60602, or at any branch office of the Company. "'J ,"'- 0 ...... ... ~ S ...... n ~ ...... .., 0 ~ co g a> (") ~ - Z ~ I 0 ~. a: ::r: .., Co) '" ;:ll tT1 n - ): ~ I1l ..... V> ii" (\.SNI · Co ~ "'l l:l (") 0-1 (l OCI :t C/) ",' ;:ll a .... ~ :> (") tTJ (") i '" i 0 /'.+"0 C ~ 0 t"'< C') ~ 0 a. I1l "1:l 9 0 ::r: a c "II 0 ;:ll CI l:l :> - - -"CS n Z ~ 0 l:l.. l::': ;:ll V> ~ - CD ~2. () '1' ::::0 ~ I1l (') l:l.. ..... ::r: Z :" .... C ~ l:l.. '< t""' (") :t :;: E m ~ 0 ~ t""' ..... ~ "II i' a C ~ ; > ~ ~ .... ~ Z en :> 0' ~ c .... ..... :I ..... Z C') :> c .. 0 ~ -4 n I 3 (b it c a. ::j .... 0 0-1 () Z t'I1 ';'J ..... 0 Z ~ a :!. 5. -4 .... 1,~ ' ~y ~ V> 0 a: m m ~ "-l ~ ~ Z ....:: :> Co) ~ :IG :<11\Ty . ~ C 0\ Co) S' n n "- I ~ 0 CII CD CD 0 .... 0\ V> Z - :I '0 E' 0 0-1 0- C :t "-l ..... N ~ (") CD -a t'I1 c 6' tTi ~ ;:ll tT1 tTJ Z 0-1 -< . _' - ':11:':.\\1' ','~ ,', ->~iH\l:,'.~~,: 'Wi\j 1, 6," ,."III':i"'~ ~!~i;W~I" !;:\\f." ;":\\'1 ,. ~i!,,'!I~ ., '!4'" "N,: !,'". " ,.'ili!i-!" ~IP" .. r ~~. ';\;' iIii' ~fi- ..'. .... ,1 11'-.)' i I CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company may have had against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage here- under. (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (d) "land": the land described, specifically or by reference in Sched- ule A, and improvements affixed thereto which by law constitute real property; provided, however, the term "land" does not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": those records which by law impart constructive notice of matters relating to said land. 2. Continuation of Insurance after Conveyance of Title The coverage of this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3. Defense and Prosecution of Actions-Notice of Claim to be given by an Insured Claimant (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in all litigation consisting of actions or proceedings commenced against such insured to the extent that such litigation is founded upon an alleged defect, lien, encum- brance, or other matter insured against by this policy, (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun as set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest as insured, and which might cause loss or damage for which the Com- pany may be liable by virtue of this policy. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, how- ever, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appropriate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or inter- posed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final determi- nation by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (e) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Com- pany, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or pro- ceeding, and the Company shall reimburse such insured for any expense so incurred, 4. Notice of Loss-Llmitation of Action In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished, Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. 5. Options to Payor Otherwise Settle Claims The Company shall have the option to payor otherwise settle for or in the name of an insured claimant any claim insured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses in- curred up to the time of such payment or tender of payment, by the insured claimant and authorized by the Company. 6. Determination and Payment of Loss (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or (ii) the amount of insurance stated in Schedule A. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by the Company for ~uch insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. Limitation of liability No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encumbrance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals there- from, adverse to the title, as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without: prior written consent of the Company, 8. Reduction of Liability All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 9. Liability Noncumulative It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed CONDITIONS AND STIPULATIONS (Continued on Reverse Side) - -_! .:...~, I I " BILL OF SALE KNOW ALL MEN BY THESE PRESENTS1 That WALLACE W. BLACKBURN1 WILLIAM G. BLACKBURN and GEORGE W. PECK, of the City of Clearwater, County of Pinellas and State of Florida, parties of the first part, for and in consideration of the sum of One Dollar and other good and valuable consideration, to them paid by the CITY OF CLEAR WATER, FLORIDA1 a municipal corporation, party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, sold, transferred and delivered, and by thesepresents do grant, bargain, sell, transfer and deliver unto the said party of the second part, its successors and assigns, the following goods and chattels: Any and all chattels, personal property and equipment used in connection with the maintenance and operation of the swimming pools at Morningside Swim Club, 2400 Harn Boulevard, Clearwater, Florida, TO HAVE AND TO HOLD the same unto the said party of the second part, its successors and assigns forever. And the parties of the first part do for themselves and their heirs, executors and administrators, covenant to and with the party of the second part, its successors and assigns, that said parties of the first part are the lawful owners of the said goods and chattels; that they are free from all encumbrances; that they have good right to sell the same as aforesaid, and that they will warrant and defend the sale of the said property, goods and chattels hereby made, unto the said party of the second part, its successors and assigns, against the lawful claims and demands of all per sons whoms oever. IN WITNESS WHEREOF, said parties of the first part have hereunto set their hands and seals this ~ ~ Signed, sealed and delivered in the presence of: -,,--I ~ ~),' ". ~~ \",\.v~T' ~ O'~ day of January, A. D. 1972. d tlt14Cfl/J1/. ~~EAL) Wallace W. Blackburn ~__. .....r~~~(Sl<:AT.) William G. Blackburn G~~~ (SEAL) -1- -1 -- ",,-:-, ' ---- '-C' n~ ) ',' .......j.... -' ~~ - ,'~-- N f.-n !"__ ~.12 c..O LL~ =- .....- r CV") (> , i . " iJ '. ;:" l,~ f\. ~. .- ~ '" "' ,;<,-\/ {;y- o" wi;"~ANTYD"D-c"7~~ i, '" ",p,~~( y. ThIS Indenture, .llade this 6th day of January , A. D. 19 72 . Jdween WALLACE W. BLACKBURN and ANNEE. BLACKBURN, his wife, WILLIAM G. BLACKBURN and MYLDRED L. BLACKBURN, his wife, and f thJOHNtD. FITE, a single man, individually and, as Trustee o e Loun y of Plnellas and State 0 Florida part ies of the first part, and CITY OF CLEARWATER, FLORIDA, whose mailing address is PO Box 4748, Clearwater, Florida 33518 of the County of Pinellas and State of Florida part y of the second part, 1lilfitnesselh, that the said parties of the first part. for and in consideration of the sum of --------Ten---------------______IJollars. and other yood and valuable considerations to them in hand paid. the receipt whereof is hereby acknowl- edged, ha ve granted. bargained. sold and conveyed. and by these presents do grant. bar- gain, sell. convey and confirm unto the said party of the second part and its succes ~ and assigns forever, all that certain parcel of land lying and being in the County of Pinellas, and State of Florida , more particularly described as follows: .,2D04598 I :O.R. ,3702 P^~E 291 RAMeo FORM 4 a municipal corporation, From South corner of Lot 234 of Morningside Estates, Unit 2, as recorded in Plat Book 60, page 33 of the Public Records of Pinellas County, Florida, and run S 44033'45" E, 285 feet fOT a P. O. B.; thence run N 45026'15" E, 325 feet; thence run S 44033'45" E, 210 feet; thence run S 45026'15" W, 325 feet; thence run N 44033'45" W, 210 feet to the P. O. B.; containing 1. 56 acres M. O. L. and being a part of Lot 17, Pinellas Groves in NW t of Section 19, Township 29 South, Range 16 East and part of Lot 24, Pinellas Groves in NE t of Section 19, Township 29 South, Range 16 East, Pinellas County, Florida. ~ - ~ ...' ... ~ ~ .. -.. ...... C'-.J /~;';g'.":'?\~~,-~~\ .DC~!)rl1s,~Tist(y ~~ .. \.~s' ,: I L,) i, j i/h '\ I . I :::: ';<~::-." c:,:>.-,-.----, ~ ' ~ .,., ~ :, ~~ '." I' ,~i;!j I" ?c I' ',' \ ) 'll 0 l. I ':;J' ' := U~ ;~~. r"\ - ?uLH\I,I_-...,u . '<C,H ','._.,_____ = c" STATE OF FLORIDAI DO C UM r: N T A R~',~ ;>,'~.,_,;.[',.~,'~,'~<,.,~ s,.., TAM P T A X I = ~EPT. o~ REVENUE ~~Z~ I If) ~ p.~~ = Ji;Ii!2'i2 ~~~7f1 2 7 7. 5 0 I = 10:>..,4 ~~,w. I = In <C>- -'>- -'2: w::> Zo ~u = Jogdhtr with all the tenements, hereditaments and appurtenances, with every privilege, right. title, interest and estate. dower and right of dower, reversion, remainder and easement thereto belonging or in anywise appertaillinfJ: 10 ltatlt and to Jt.old the same ill fee simple forever. And the said part ie s of the first part do covenallt with the said part y of the second.;;part that they are lawfully seized of the said prt'mise,<;. that they are free from all encumbrances and t hat they have good right and law- ful authority to sell the ,<;ame; and the said partie s of the first part do hereby fully warrant the title to said land, and will defend the same against the lawflll claims of all. per.<;ons whomsoever. In llfliitntss 'Whereof, the said part ie s of the first part have hereunto set their hands and seals the day alld year above written. ~~'~:e~~u'ourpre"nee" u~. , ----a,-----~----,-h-- As to of the Grantors --.. --- - ~. - -- ~. -. - ---- -- - - - - -- --- --- -----------. .---.-.- -. -- -... - - - -. . . -.-. - - . - -- -- ---- .n........wmiiim.~B~~iif-.nm".. A~_~yq~;~;!?:._,L~~.__. . .u--=.~vid~d~L. B ckburn TIllS Imtrtlllletlt p~e~~':lIncnt W[1S prepared by: IJE,RBT.';:-"" 7, "I)'R("'V"'T C't \tt Address ~, L-'" ", "'1.. .~.a J', ",, 1 Y 11.oYney City of C]eanv:.:ter, P. O. Box 4748 Cleal'water, Florida 33518 (L. S (; ( L. S. ) uall y ~---, --- ---./ ~ Jlale of FLORIDA tOltnly of PINE LLAS :U.R. 3702 PAGE 292 J llereby (edify, That on this day. before me, an officer duly authorized in the State afore- said and in the County aforesaid to take acknowledgments, personally appeared Wallace W. Blackburn and Anne E. Blackburn, his wife, William G. Blackburn and Myldred L. Blackburn, his wife, and John D. Fite, a single ,. -- .man ,ind:i.vid,uallv and as'J'ruz.tee - -d' h d hi" d - to me linown to De me person aescrwea in an w 0 execute t e oregmng lnstrument an the y acknowledged before me that t hey executed the same. Uilness my hand and official seal in the County and State last aforesaid this day of January , A. D. 1972 . n ~ (") ,..... ~ > ...... ...oJ ~:-aol:d '... H tr:I ~ 0 t-3 ...{, 1-3' '~~ t-1 ~ :;:u ~~8z ~,I:l.~~ t"",.J ~,O ~~I"IM.I. ~ .:,;:) 'Oil 1-" J:lD 72004598 CITy C - LERK CLi~R >it. ..-- I ~~n e~:es"":~;~r'~':'r~o/C':U~) Notary Public, State<:>f Florida at L~;J~~<':--' ,...:~,),:,:'?' My Commission Expires Aug. 1, 1974,.. ~~),'~'." " ;... ~..,~\.. Bool1e5i by. Iransamt::rica Insurance CO;:/'" ",,_ ,:.' ---'.," ~-- ---.------.--=------...--':.:--'- I I * ~'~ ~.- ~: ~l. ~., "'III ...~" -.::: ., ~ ~ ~ ~ ;u > 3l: C'l o 'T\ o ;u 3l: I> ~' ~ ~ ~ ~ ~ ~- ::;" ~ ~ ~ II:) , """" ~ ~ ~ ~ -.:: -, ~ ~ -... II:) 0= DEED 01 12 72 I ........,.:-r " JI1;,~ " I I STATE OF FLORIDA ) ) COUNTY OF PINELLAS ) I HEREBY CERTIFY, that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, Wallace W. Blackburn, William G. Blackburn and George W. Peck, to me well known to be the individuals described in and who executed the foregoing Bill of Sale, and they acknowledged before me that they executed the same freely and voluntarily for the purposes therein expressed. WITNESS my hand and official seal at Clearwater, County of Pinellas, and State of Florida, this t~ day of January, A. D. 1972. 13s!t. a ~ ~... N otar Public , ,,_.' : -- -- My Commission Expires: Notary PUblic, Stilte of Flonda at Large My Commission [x;Jit'es Aug. 1, 1974- So.ocl.ecl by. Jr~nsi.lin"dC<l Insurance ~ ..2- Mll:liiL."TI j..,> ... o- f I CLOSING STATEMENT Clearwater, Florida January 7, 1972 Seller: Wallace Blackburn, William G. Blackburn & John D. Fite, as Trustee Purchaser: City of Clearwater, Flar ida Property Description: Property in Sec. 19..29-16 known as 2400 Harn Blvd. Credits to Seller: Sales Price $92,500.00 Credits to Purchaser: Cash on closing $92,500.00 $92,500.00 $92,500.00 ~..-' " ... ,t I CITY OF CLEARWATER CITY HALL - PO BOX 1348 CLEARWATER, FLORIDA AFFIDA VIT OF NO LIENS STA'tE OF FLORIDA ) COUNTY OF PINELLAS ) Before me; the undersigned authority, personally appeared Wallace W. Blackburn and William G. Blackburn who, being first duly sworn, depose and say 1. That they are the owners of the following described property in Pinellas County, Florida, to wit: From the South corner of Lot 234 of Morningside Estates Unit 2, as recorded in Plat Book 60, page 33 of the Public Records of Pinellas County, Florida, and run S 44033'45" E, 285 feet for a P. O. B. ; thence run N 45026'15" E, 325 feet; thence run S 44033'45" E, 210 feet; thence run S 45026'15" W, 325 feet; thence run N 44033'45" W, 210 feet to the P. O. B.; containing 1. 56 acres M. O. L. and being a part of Lot 17, Pinellas Groves in the NW i of Section 19, Township 29 South, Range 16 East and a part of Lot 24, Pinellas Groves in the NE i of Section 19, Township 29 South, Range 16 East, Pinellas County, Florida. z. That said property is now in possession of the record owner 3. That there has been no labor performed or materials furnished on said property within the past ninety (90) days for which there are unpaid bills for labor or materials against said property. 4. That there are no liens or encumbrances of any nature affecting the title to the property hereinbefore described. 5. That it is hereby warranted that no notice has been received of any public hearing regarding assessments for improvements by any govern- ment within the past ninety (90) days, and it is hereby warranted that there are no unpaid assessments against the above property for improvements thereto by any government, whether or not said assessments appear of record. 6. inducing That the representations City of Clearwater embraced herein are for the purpose of to purctfse the above described P, ropert .JA/~~ Wallace W. Blackburn ~-- ~ 9~~~ William G. Blackburn Sworn to and subscribed before me this 10 ~ day of Ja.!1'llAory , 19 72. My Commission Expires N~,~ P',"c"", of FlO"~~~~~ My Commls,lon Expires Aug. 1,19'14, -' ~ Bonded ~ TrA:'C:I~n"'€fIrF~41 lR&blf8n'"t 6li ..........::.. .~.- ~. - / '^-' "' . , '~ . I I AGREEMENT THIS AGREEMENT, made and entered into this 1/ ff day of January, A. D. 1972, by and between WALLACE W. BLACKBURN and ANNE E. BLACKBURN, his wife, WILLIAM G. BLACKBURN and MYLDRED L. BLACKBURN, his wife, and JOHN D. FITE, a single man, individually and as Trustee, hereinafter referred to as Seller, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as Purchaser; WITNESSETH: That in consideration of the payments and covenants herein provided, and other g09d and valuable consideration, Seller agrees to sell and Purchaser agrees to buy the following described real estate and improvements thereon (including three swimming pools, bath house and locker rooms and the pumps and filters for the swimming pools), situate in Pinellas County, Florida, to wit: From the South corner of Lot 234 of Morningside Estates Unit 2, as recorded in Plat Book 60, page 33 of the Public Records of Pinellas County, Florida, and run S 44033'45" E, 285 feet for a Point of Beginning; thence run N 45026'15" E, 325 feet; thence run S 44033'4511 E, 210 feet; thence run S 45026'1511 W, 325 feet; thence run N 44033'45" W, 210 feet to the Point of Beginning; containing 1.56 acres M. O. L. and being a part of Lot 17, Pinellas Groves in the NW i of Section 19, Township 29 South, Range 16 East and a part of Lot 24, Pinellas Groves in the NE i of Section 19, Township 29 South, Range 16 East, Pinellas County, Florida. The total purchase price for said property and improvements shall be the sum of $92,500.00 payable at the time of closing. IN CONSIDERATION WHEREOF, Seller agrees to convey said property to said Purchaser by good and sufficient Warranty Deed, with fee simple, marketable title, free and clear of all encumbrances of record, which transaction shall be closed on or before January 10, 1972. Seller shall pay the cost of purchasing the required documentary tax stamps and Purchaser shall pay for recording the Deed. Seller shall pay all taxes for 1971 and prior years and Purchaser shall pay the 1972 taxes and subsequent taxes. -1- " .' I , The Seller shall furnish to Purchaser within five (5) days an abstract of title or title insurance, certified to the date of this Agreement or later, evidencing a good record unencumbered title. Purchaser shall have five (5) days after delivery of abstract of title or title insurance commitment for examina... tion and acceptance thereof and/ or to notify Seller, in writing, of any objections to said title. If no notification is received by Seller within said time, then said title shall be conclusively deemed to be acceptable to Purchaser. In the event Seller's title is not good and marketable of record, they shall have a reasonable time thereafter to perfect same, and if such defects are not cured within such reasonable time, then Purchaser may cancel this contract or waive the defects and accept the property without deduction on account of said defects. In addition to the above set forth sale and purchase of the described real property and in consideration of One Dollar and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto further covenant and agree as follows: 1. This sale and purchase is contingent upon the Seller obtaining from the City zoning to allow usage of the presently existing restaurant building to continue as presently allowed under the current RM zoning and said property and/ or professional office upon rezoning shall be restricted to such restaurant use! only, which said property lying and being situate in Pinellas County, Florida, and described as follows, to wit: From South corner of Lot 234 of Morningside Estates Unit 2, as recorded in Plat Book 60, page 33 of the Public Records of Pinellas County, Florida, and run S 44034'45" E, 60.0 feet for the Point of Beginning; thence continue S 44033'45" E, 225 feet; thence run N 45026'15" E, 295 feet; thence run N 44033'45" W, 155 feet; thence run Westerly 1l0. 0 feet -t. to a point on South right of way line of Flushing Avenue that is 210 feet NE of intersection of Flushing Avenue and Harn Boulevard as platted in said Plat Book 60, page 33; thence run S 45026' 15" W along said South right of way line of Flushing Avenue 210 feet to Point of Beginning; containing 1. 46 acres M. O. L. and being a part of Lot 17, Pinellas Groves in the NW i of Section 19, Township 29 South, Range 16 East, and a part of Lot 24, Pinellas Groves in NE i of Section 19, Township 29 South, Range 16 East, Pinellas County, Florida. -2... " I , 2. The Seller also owns certain additional adjoining real property situated in Pinellas County, Florida, together with all the improvements thereon, described as follows: From the SW corner of Lot 256, Morningside Estates, Unit 2, as recorded in Plat Book 60, page 33 of the Public Records of Pinellas County, Florida, as a P. O. B.; run S 89008'54" E, 110 feet to the SE corner of said Lot 256; thence run S 89013'12" E along the North line of the SW i- of the NE i- of Section 19, Township 29 South, Range 16 East, 333. 24 feet; thence run S 0051' 16" W along the East line of the West i- of the SW i of the NW i- 01 said Section 19, 746.69 feet to a point on the Northerly right of way line of Harn Boulevard as shown on the Plat of Morningside Estates, Unit 4 as recorded in Plat Book 61, page 92 of the Public Records of Pinellas County, Florida; thence run N 89021' 12" W along said right of way line 190.46 feet; thence run Northwesterly along a curve to the right of 80.00 feet radius (chord bearing N 66057'28" W a distance of 60.96 feet and an arc of 62.54 feet; thence run N 44033 '45" W continuing on said right of way line 531. 94feet; thence run N 45026'1511 E along the Southerly right of way line of Flushing Drive 194.45 feet; thence run Northerly along a curve to the left of 160 feet radius (chord bearing N 23008'40" E a distance of 121. 39 feet and an arc of 124.51 feet); thence run N 0051'061' E along said right of way line 99. 71 feet to the P. O. B. ; LESS AND EXCEPT the following tracts: From the South corner of Lot 234 of Morningside Estates, Unit 2 as recorded in Plat Book '60, page 33 of the Public Records of Pinellas County, Florida, and run S 44033'451' E, 285 feet for a P. O. B. ; thence run N 45026'15" E, 325 feet; thence run S 44033'45" E, 210 feet; thence run S 45026' IS" W, 325 feet; thence run N 44033'45" W, 210 feet to the P. O. B.; containing 1. 56 acres M. O. L. and being a part of Lot 17, Pinellas Groves in NW i of Section 19, Township 29 South, Range 16 East and part of Lot 24, Pinellas Groves in NE i of Section 19, Township 29 South, Range 16 East; AND From South corner of Lot 234 of Morningside Estates, Unit 2 as recorded in Plat Book 60, page 33 of the Public Records of Pinellas County, Florida, and run S 44033'45" E, 60.0 feet for the P. O. B. ; thence continue S 44033'45" E, 225 feet; thence run N 45026'15" E, 295 feet; thence run N 44033'45" W, 155 feet; thence run Westerly 110. 0 feet i:.. to a point on South right of way line of Flushing Avenue that is 210 feet NE of intersection of Flushing Avenue and Harn Boulevard as platted in said Plat Book 60, page 33; thence run S 45026115" W along said South right of way line of Flushing Avenue 210 feet to P. O. B.; containing 1. 46 acres M. O. L. and being a part of Lot 17, Pinellas Groves in NW i of Section 19, Township 29 South, Range 16 East and part of Lot 24, Pinellas Groves in NE i of Section 19, Township 29 South, Range 16 East. Containing 4.809 acres, more or less. As a part of this Agreement, the Seller hereby grants, covenants and agrees that commencing as of the date of the signing of this Agreement, and continuing -3- I , thereafter for a period of five (5) years, the City of Clearwater shall have the exclusive right and use of said premises and improvements, subject to the City performing and complying with the following requirements: a. To maintain this property in a condition comparable to the condition of same on the date of execution of this Agreement, ordinary wear and tear excepted; b. to accept final responsibility for all liability claims resulting from the use of this property during said period; c. to maintain liability insurance in the amount of $100,000 bodily injury and $10, 000 property damage to protect the Seller I s interest in this property for said five year period; and d. to pay all taxes applicable to said land and improvements during said five year period. e. If the City should vacate and relinquish possession of the property before the end of the five (5) year period, the City's obligation to perform the requirements under sub-paragraphs a through d, inclusive, above would cease and terminate immediately. 3. The Seller further grants to the City an option to purchase for and during the period of five (5) years from the date of this Agreement, at a price of Twenty-five Thousand Dollars ($25,000.00) per acre, the real property described in Paragraph 2 above. In order to exercise said option, the City shall furnish written notice to the Seller during said five (5) year period. If said option is exercised, the closing shall be held within sixty (60) days from the date of the notice of such exercise and the purchase price shall be due and payable in full at the time of closing. The seller shall furnish to the purchaser title insurance showing good and merchantable title to said property, subject only to restrictions and ease- ments of record. Seller shall pay for the necessary documentary stamps required to be affixed to the Deed and the Purchaser shall record same. All notices to be furnished under this Agreement shall be furnished to the Seller at 532 South Missouri Avenue, Clearwater, Florida 33516, and to the Purchaser to the City Manager, PO Box 4748, Clearwater, Florida 33518, or such other address as may be specified in writing to the other party. -4- ( , 4. Seller hereby covenants and agrees that they will during said five (5) year option period pay and keep current any and all presently existing mortgages together with any other mortgages or liens which may be placed upon said property described in Paragraph 2 hereof. 5. In the event the City does not exercise the option to purchase as set forth in Paragraph 3 of this Agreement, the City shall have the right to remove all recreational facilities and all fencing from this tract of property prior to the expiration of said five (5) year period. 6. In the event the City does not exercise the option to purchase as set forth in Paragraph 3 of this Agreement, the Seller agrees to reserve ten-foot easements over existing sanitary sewer lines and storm drain lines across the property described in Paragraph 2 hereof in order to furnish service for the premises being purchased by the City at this time. In the event the City does exercise the option to purchase set forth in Paragraph 3 of this Agreement and consummates said purchase, it agrees to reserve ten-foot easements over existing sanitary sewer lines and storm drain lines in order to furnish service for the premises described in Paragraph 1 hereof. 7. Upon the consummation of the transaction wherein the City purchases the property first described herein from the Seller, the City agrees to reserve ten;..;foot easements over existing sanitary sewer lines and storm drain lines in order to service the property described in Paragraph 1 hereof. 8. Upon the signing of this Agreement, the Seller covenants and agrees to have prepared, executed and recorded certain restrictions which will limit all structures to be erected upon the property described in Paragraphs 1 and 2 hereof to a maximum of forty-two (42) feet in height, which said restrictions shall be covenants running with the land which cannot be amended or repealed without the prior written consent and approval of the City. -5- I , 9. If at any time during the five (5) year period commencing as of the date of the signing of this Agreement, the Seller should receive an offer to purchase the property described in Paragraph 1 hereof, they must first submit the offer in writing to the City and give the City first right to purchase said property under the same price, terms and conditions. The City shall have a period of thirty (30) days from the receipt of written notice of said offer to exercise the right to purchase saidproperty and to notify the Seller in writing of the City's intent to exercise its right of purchase. If the City does not notify the Seller of the exercise of its right or if theCity notifies the Seller that it does not intend to exercise the right to purchase, then the Seller may sell to the party making the original offer under the same price, conditions and terms. If the City should exercise its right to purchase said property, then the transaction shall be closed on or before ninety (90) days from the date of notice of exercise. 10. This Agreement shall be binding on the heirs, executors, personal representatives, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ~~1/. a~ ~ _aa.~-<(/v.J(SEAL) Anne E. Blackburn ~~ ~ ~~T.) William G. Blackburn ,/1'l::f!l~.Rcl': 13& (~-r-(SEAL) Mylared L. Blackb n (SEAL) "-!Jt~1 i)fI)~4-~ ~o,e~ As to ohn D. Fite ..6- /, , , Signed, sealed and delivered in the presence of: , FLORIDA ~f~~ //~ '-/6~ ,K~~'V c, ~ As to City ~, Approved as to form & qa4~ 'City Attorney , STATE OF FLORIDA ) ) COUNTY OF PINELLAS ) I HEREBY CERTIFY, That on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledg- ments, personally appeared Wallace W. Blackburn and Anne E. Blackburn, his wife, William G. Blackburn and Myldred L. Blackburn, his wife, John D. Fite, a single man, individually and as Trustee, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last afote5~id this 6th day of January, A. D. 1972. ~ ~.-.':,-,'~ (j , -, , - '-, .' -::== Nota y Public " ~ ,.-' --:: My Commission Expires: . f Florlda at Lan~e Notary Publ!c" State ~res Aug. 1, 1974 My Commission Exp 'ca IniLlrance Co. 135f1E1ea by Transamen STATE OF FLORIDA ) ) COUNTYOFPINELLAS ) I HEREBY CERTIFY, that on this /1 ~ day of January, A. D. 1972, before me personally appeared Merrett R. Stierheim, Herbert M. Brown, R. G. Whitehead and H. Everett Hougen, respectively City Manager, City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater, a municipal corporation existing under the laws of the State of Florida, to me known to be the individuals and officers described in and who executed the foregoing, and severally acknowledged the execution thereof to be their free act and deed as such officers thereunto duly authorized; and that the official seal of said municipal corporation is duly affixed thereto, and the said is the act and deed of said corporation. WITNESS my signature and official seal at Clearwater in the County of Pinellas and State of Florida, the day and year last above written. My Commission Expires: Notary Pubk StEte of Florida at Large My C',"::.:;>:,jb.,,;r.:;s CU. 21. 1974 i:joo(.,e~ /))' !\nwr:(3;; Fire & .....Zl.!o!.l~ljy Co. , ><~~ X;?.eLL/ Notary Public ...7- t- . :~~~fo%.'DA CLERK C~ .~2004597 - ,o.R.3702 fAtE 289 fe, [, ( " JaIl IZ 4 17 PIt '7Z PARTIAL RELEASE OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS That CLEARWATER FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation organized and exist- ing under the laws of the United States of America, the holder of two mortgages executed by Blackburn and Peck Enterprises, Inc. to Clearwater Federal Savings and Loan Association, one dated September 8, 1964, and recorded in Official Records Book 2006, Page 341 of the public records of Pinellas County, Florida, and the other dated March 5, 1968, and recorded in Official Records Book 2791, Page 423 of the public records of Pinellas County, Florida, in consideration of $65,000.00 hereby, on this 6th day of January, 1972, releases from the lien of sai~ mortgages the real property in that county described as: From South corner of Lot 234 of Morningside Estates Unit 2 as recorded in Plat Book 60, Page 33 of Public Records of Pinellas County, Florida, and run S 440 33' 45" E 285 feet for a point of beginning; thence run N 450 26' IS" E 325 feet; thence run S 440 33' 45" E, 210 feet; thence run S 450 26' IS" W 325 feet; thence run N 440 33' 45" W 210 feet to the point of beginning. Containing 1.56 acres M.O.L. and being a part of Lot 17, Pinellas Groves in NW 1/4 of Section 19, Township 29 South, Range 16 East and part of Lot 24, pinellas Groves in NE 1/4 of Section 19, Township 29 South, Range 16 East. without impairing the lien of said mortgages on the remaining part described in said mortgages. ., r~, .', \,','~.'o, 1;;.0, oJ,;a.t~;; se" .." ,a,', 1) ..,~ ,,", ,'( ',l 1 ~'. )),,, ~1 '~.:,,J ~ ::..~ ",'~"" , ~ "> ,1.~ '-." , ~",.,' ~:~I~ \ ; l} ~ .~:~ , ' ' . l' D '..;';>'._ :,1; COUNTYOf"PINELLAS I hereby certify that on this day, before me, a Notary Public duly authorized in the State and County named above to take ac- " ",,~ ..- a ~ ,{j.t3702 FAtE 290 knowledgments, personally appeared CAL BLACKSTONE , to me known to be the person described as Vice President of Clearwater Federal Savings and Loan Association, and who executed the foregoing partial release of mortgage, and acknowledged before me that that person executed the foregoing partial release of mortgage in the name of and for that corporation, affixing the corporate seal of that corporation thereto; and that a such corporate officer that person is duly autbo;rizeq"by that cO);;'PQratiQn to,do SOi a;o.d ,that the foregoing partial release of mortgage is the act and partial release Of"L,,' that corporation .:;/ . .,.'.,': ,:,-:::,""'i':~~'11I~4,~..~'~,;~'~~'~~t'ti^ WITNESS my hand and official seal in the County*nd~"e.a:t:~ /;"'1" above thl' s. .o;",;,'J'..........,c /) #, . :'" /".,"': .'i,'/ ...",.. . ',: ',:,:-"'...;l/::::-,,':'~','I;~..- ""', IJ r .< I'" ..1. ..~'~:. C ~,,-_:. ,.". . "'>':,1-Ij. ,.:"L~ I I~"'. cI C~ a../ /YY1;A;jj{ ;:':~ c, . J:) " } J -"'" ". ~:" -~ \ f OJ " ':.' "" _: :: Notary PUbll,p \:;/.-' ". ~J J L \ v .: I',.,i '?~j/-/~.~~. o. j'I., ~,I~ ':"':,,:~ ...;".... My Commission Expires :j~".<':' ,",' \.... 'i" . ~',,'.} J I " ,','. ,'., ,-,) ", ~"', Notary Public. State of Florida atliir'lle""" My Commission Expires July ]".,1912 Thi sins trumen t prepared by: Bondod By Americe., Fire & CasuahtyCo, William W. Gilke! Richards, Nodine, Gi key, Fite, Meyer & Thompson, P.A. 1253 Park Street Clearwater, Florida 33516 -2- - . ~!i!' .. I' ' 'i~'A\ji} ;i!jhii~ ~,i:~~:-. ';l;.. ~r-;~p_,:, " .' ~,.,:!j\i.iim._ ,....- -';'-,:_.~n~!, ~'#._ :' " ~" .,.q~' '~_"~ " -. ;".~tib~ ;..d~\; '!!it.-,f 'ti;,~.!!n't~;" AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM A-1970 10 112 01 00427 CHICAGO TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, CHICAGO TITLE INSURANCE COMPANY, a Missouri 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, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; or '3. Lack of a right of access to and from the land. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. CHICAGO TITLE INSURANCE COMPANY 71-2099 niCS COASTAL BONDED TITLE CO. OF CLEARWATER Phone 442-9671 318 South Missouri Avenue CLEARWATER, FLORIDA 33516 ATTEST: Issued by: ~ --e9?h.e~ Secretary, IMPORTANT This policy necessarily relates solely to the title as of the date of the policy. In order that a purchaser of the real estate described herein may be insured against defects, liens or encumbrances, this policy should be reissued in the name of such purchaser. Copyright 1969 American Land Title Association )J {~- ~1i;""l~~!riifj} :\l!:~':',~r;..~r;;ij~, ;\m"~,';'.'_!:';'li!!!; ;'inl- :,~~,;,'~:i:lii\ ,\!!:.:~~,j~=!~ 'il!!: ;j!ih;~,~~!r,'iii:'i, {iii~~'l;_?i;;'. 'ii: i\j:~:'m~;_:~;,~:w EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain orgovernD1en~~l ri~~s_~_p~lice__pov.rer 1l!11~ssnoti.~e oLtheexercise_of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A. 1 1 " ...~. - - SCHEDULE A Number Date of Policy Ja nuary 12, 1972 Amount of Insurance 10 112 01 00427 ~92,500.00 1. Name of Insured: CITY OF CLEAr~L:ATER, FLORIDP. 2. The estate or interest in the land described herein and which is covered by this policy is: Fee simple 3. The estate or interest referred to herein is at Date of Policy vested in the insured. 4. The land herein described is encumbered by the following mortgage or trust deed, and assignments: and the mortgages or trust deeds, if any, shown in Schedule B hereof. 5. The land referred to in this policy is described as follows: From the South corner of Lot 234, fiiOrningside Estates, Unit 2 as recorded in Plat Sook 60 Page 33 of the Public ~ecords of Pinellas County, Florida, and run S 44033145" E, 285 feet for a point of beginning; thence run l'j 45026'15" E 325 feet; thence run S 4403314511 E, 210 feet; thence run 545026'15" ~'J, 325 feet; thence run N 44033145" ~I, 210 feet to the point of beginning, bein9 a part of Lot 17, Pinellas Groves in the i'M 1/4 of Section 19, Tovmship 29 South, Range 16 East and a part of Lot 24, Pinellas Groves in the NE 1/4 of Section 19, Township 29 South, Range 16 East, lying and being situate in Pinellas County, Florida. This policy valid only if Schedule B is attached. - niCS SCHEDULE 8 Policy Number 10 112 01 00427 Owne.. This policy does not insure against loss or damage by reason of the following exceptions: General Exceptions: (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) Taxes or special assessments which are not shown as existing liens by the public records. (6) Rights of Dower, homestead or other marital rights of the spouse, if any, of any individual insured. Special Exceptions: The mortgage, if any, referred to in Item 4 of Schedule A. (7) General taxes for the year 1972 and thereafter. (8) Facilities easement to Florida Power Corporation, dated 5/13/65, filed for record 6/7/65 at 11:28 A~1 as Clerksl Instrument #302668B and recorded in O. R. Book 2163 Page 276 of the Public Records of Pinellas County, Florida, granting a facilities easelllent over the following described land: From the SE corner of Lot 256, 11orning- side Estates, Unit 2, Plat Book 60, Page 33, Public Records of Pine11as County, Florida, rUIl S 88008154" E, 110 feet, thence S 89013112" E, 233.24 feet thence = S 0051116" t'J, 705.92 feet, thence N 89021112" ~!, 164.77 feet, thence I! 44,033145" H, 506.72 feet; thence r; 45026115" E, 194.45 feet; thence curve to left, radius 160 feet; chord H 2300314()" E, 121.39 feet, arc 124.51 feet; thence U 0051106" E, 99.71 feet to the POB. Countersigned Caj~~:EARI'JATER Authorized Signatory Schedule B of this Policy consists of 1 pages. -- ;....>-',. _...',-"-""~.:.. .',. -,,:.- ---~- ._n..._~ '-'~-<.. -.,----..,.....~;--~___A""-,.:.- 'J CONDITIONS ~ND STIPULATIONS "I 1. Definition of Terms The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company may have had against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage here- under. (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (d) "land": the land described, specifically or by reference in Sched- ule A, and improvements affixed thereto which by law constitute real property; provided, however, the term "land" does not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any right, title, interest, estate or easement iri abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": those records which by law impart constructive notice of matters relating to said land. 2. Continuation of Insurance after Conveyance of Title The coverage of this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3. Defense and Prosecution of Actlons-Notlce of Claim to be given by an Insured Claimant (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in all litigation consisting of actions or proceedings commenced against such insured to the extent that such litigation is founded upon an alleged defect, lien, encum- brance, or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun as set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest as insured, and which might cause loss or damage for which the Com- pany may be liable by virtue of this policy. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, how- ever, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shail be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appropriate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or inter- posed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final determi- nation by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (e) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Com- pany, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or pro- ceeding, and the Company shall reimburse such insured for any expense so incurred. 4. Notice of Loss---l.lmltatlon of Action In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. 5. Options to Payor Otherwise Settle Claims The Company shall have the option to payor otherwise settle for or in the name of an insured claimant any claim insured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses in- curred up to the time of such payment or tender of payment, by the insured claimant and authorized by the Company. 6. Determination and Payment of Loss (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or (ii) the amount of insurance stated in Schedule A; or (iii) the actual value of the estate or interest of the insured claimant in the land described in Schedule A at the time the loss or damage insured against hereunder occurs undiminished by the defect, lien, encumbrance, or other matter insured against by this policy. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When liability has been definitely fixed in. accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. Limitation of Liability No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encumbrance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals there- from, adverse to the title, as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company. 8. Reduction of Liability All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 9. Liability Noncumulative It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed CONDITIONS AND STIPULATIONS (Continued on Reverse Side) CONDITIONS AND STIPULATIONS (Continued) a payment under this policy. The Company shall have the option to apply to the payment of any such mortgages any amount that other- wise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. 10. Apportionment If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto, 11. Subrogation Upon Payment or Senlement Whenever the Company shall have settled 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 such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Com- pany, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, the 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 such insured claimant, such 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 hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 12. Liablllty Limited to This Policy This instrument together with all endorsements and other instru- ments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company, 13. Notices, Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to its principal office at 111 West Washington Street, Chicago, Illinois 60602, or at any branch office of the Company. "1 txl "" - n fO!' v- - v- 0 PI 0 - ..., ~ (') ~ ~ Z 0 \:) - Vt c..~ ~ G:> ::r: ..., n Co) ~ Ot:T' tj tTl ... ;:s ...... Vl iD ~ ~ S~ "' =0 (') ..., t""' Q CIO r- (\.S~I · 0- C/) .., :> () tT1 () ~ Vt CD 0 l:D ~ ",' <: C') ~ o .. ';-1>. <\-"0 C 0 :::s Cll c i3 -n 0 ~ 9 0 :I: Q *"11.. ('J) :> .. .." Z ~ - CD :To n 0 1-''' ~ Vl ~ - .:' r- C () '1' ~ ~ ~ ...... ::r: Z ~= m m rt~ t"'" ...... 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