WILLIAM AND MYLDRED BLACKBURN (3)
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FORM 1104
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L?6rySOt: 8 I TUTBLANX REGISTERED U. S. PAT. OFFICE
WARRANTY DBED-(Sta.u.ory pot.) '0 f..,., ,.5, _ Tuttle Law Print, Publishers. Rutland. Vt.
f!rhili I1nbtnfurt, nR 2358 PIGf 85
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Wherever used herein, the term Uparty" shall include the heirs, personal representatives,
successors and / or assigns of the respective parties hereto; the use of the sin~ular number
shall include the plural, and the plural the singular; the use of any gender $hall include
all genders; and, if used, the term Unote)1 shall include all the notes herein described if more
than one
Made this 25th day of March A. D. 1[/j6
~bn'rn William G. Blackburn and Myldted L. Blackburn, his wife, and
WallaceW. Blackburn and Elizabeth A. Blackburn, his wife
of the Coun~y of Pinellas in the State of Florida
party of the first part, and
City of Clearwater, Florida
City ijall, Clearwater
of the County oJ Pinellas
party of the second part,
Bthullllrtlr that the said party of the first part, for and in consideration of
the sum of Ten Dollars and other good and valuable considerations------~~_Dollars,
to him in hand paid by the said party of the. second part, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said pa,rty of the second part
his heirs and assigns forever, the following described la,nd, situate lying and being in
the County of Pinellas , State of
-"Florida, to wit:
in the State of
Florida
Lot 96, MORNINGSIDE ES~TES, UNIT 1, according to the map or
plat thereof as recorded in Plat Book 59 Pages 58 and 59 of
the Public Records of Pinellas County, Florida.
Subject to taxes for the year 1966 and thereafter.
Subject to easements and restrictions of record.
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And the said party of the first part does hereby fully warrant the title to said land,
and will defend the same against the lawful claims of all persons whomsoever.
In .thulUl _lJtrrof. the said party of the first part has hereunto set his
hand and seal the day and year first above written.
Signed, S~aled and elivered i Our Presence:
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&tntr of JJrlori~n
a:rnunty nf Pinellas
11 lbrrby a:rrrttfy That on this day personally appeared before me, an
officer duly authorized to administer oaths and take acknowled~ments,
William G. Blackburn and Myldred L. Blackburn, his wife, and
Wallace W. Blackburn and Elizabeth A. Blackburn, his wife
to me well known and known to me to be the individual de$cribed in anA who
executed the fore~oin~ deed, and they duly ac.knowled~ed before me that
they executed the same freely ?nd voluntarily 10r~~~e:jl;f!,.P:cJs.e.~,t~rein expressed.
BUl1flUl my hand and offi.c~al seal at Clearw~.~r :~:;. ~ """
County of Pinellas , and State.ofcFlorir!ay t..!fis:~25th
day of March A. D. 1966.- ,'\.,- ~,."" ,: '
P.ublic State Of' FIOrida4atl'~~~e(.J.L:l;~j ~!1;4~.',,;~~~,~
My CommissionN~~fl E~pirp.S Mar. . ,t-~J ,<l;f-=]r r'-
My I Notary PiJ;blil;,
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FLORIDA BONDED TITLE COMPANY
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Metropolitan Building
318 South Missouri Avenue
CLEARWATER, FLORIDA 33516
,Phone 446-0116
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AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY
STANDARD FORM A - 1962
10
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01
01477
CHICAGO
TITLE
INSURANCE
COMPANY
A STOCK COMPANY
a corporation of Missouri, herein called the Company, for a valuable consideration, hereby insures
the party named in Schedule A, hereinafter called the Insured, the heirs, devisees, personal representa-
tives of such Insured, or, if, a corporation, its successors by-dissolution, merger or consolidation, against
loss or damage not exceeding the amount stated in Schedule A, together with costs, attorney's fees and
expenses which the Company may become obligated to pay as provided in the Conditions and Stipulations
hereof, which the Insured shall sustain' by reason of:
1. Any defect in or lien or encumbrance on the title to the estate or interest. covered hereby in the
land described or referred to in Schedule A, existing at the date hereof, not shown or referred to
in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; or
2. Lack of a right of access to and from the land;
all subject, however, to the provisions of Schedules A and B and to the Conditions and Stipulations
hereto annexed; all as of the date of this policy.
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.
Florida Bonded Title Company
Metropolitan Building
318 S. Missouri Avenue
Clearwater, Florida
CHICAGO TITLE INSURANCE COMPANY
Suite 112, 300 Building
St. Petersburg, Florida
By:
Qf~
Crr:~ presideJ
ATTE'" ~ ~
,BY' .
Secretary.
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IMPORT ANT
.', - - -' .Thi~'ltOliiy necessarily relates solely to the title as of the date of the policy. In order that a
~'. p-utcha~r of the real estate described herein may be insured against defects, liens, or encum-
- - - '- . ~_bratf~, this policy should be reissued in the name of such purchaser.
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Policy Number 10 13 01 01477
Owners
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March 30, 1966
Date of Policy
Amount of Policy $4.230.00
Owners
1. NaJDe of Insured:
CITY of CLEARWATER, FLORIDA
2. The estate or interest in the land described or referred to in this schedule covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest covered by this policy at the date hereof is 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:
Lot 96, MORNINGSIDE ESTATES, UNIT 1, according to the
map or plat thereof, as recorded in Plat Book 59, Pages
58 and 59, of the Public Records of Pine11as County, Florida.
This policy valid only if Schedule B is attached.
B
Policy Number
10 13 01 01477
Owners
This policy does not insure against loss or damage by reason of the following exceptions:
(A) Rights or claims of parties in possession not shown of record.
(B) Encroachments, overlaps, boundary line disputes, and any matters which would be disclosed by an accurate
survey and inspection of the premises.
(C) Easements and claims of easement not shown of record.
(D) Mechanics' or materialmen's lien or other statutory liens for labor or material not shown of record.
(E) Taxes or special assessments which are not shown as existing liens by the public records.
(F) Rights of Dower, homestead or other marital rights of the spouse, if any, of any individual insured.
(G) The mortgage or trust deed, if any, shown as Item 4 of Schedule A.
(H) General Taxes for the year 1966 and thereafter.
(I) Covenants, conditions and restrictions imposed by instrument recorded
in o. R. Book 1760, Pages 291 through 296, both inclusive, as amended
by instrument recorded in o. R. Book 1881, Page 555, of the Public
Records of Pine11as County, Florida. (see copies attached)
(J) Drainage and Utility Ea.ement over the rear 7 1/2 feet of captioned
property, also an Anchor Ea....nt 3 feet by 20 feet in the Southwest
corner of said lot. (Plat Book 59, Pages 58 and 59)
Schedule B of this Policy consists of
pages.
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RESTRICTIONS imposed upon MORNINGS IDE ESTATES UNIT I. dated September 13,
1963, filed for record September 16, 1963 at 8:36 A.M., as Clerk's
Instrument number 108030B and recorded in O. R. Book 1760, Pages 291
through 296 of the Public Records of Pinellas C~unty, Florida.
MORNINGS IDE ESTATES UNIT 1, as recerded in Plat Book
59, Pages 58 and; 59 of the Public Records ftf Pinellas
County, Florida.
KNOW ALL MEN BY THESE PRESENTS: That whereas, the undersigned is the Owner
of the property in MORINGSIDE ESTATES, UNIT 1, located in Clearwater,
Pinellas County, Florida, and more particularly described as follows:
Lots 1 through 193 Inclusive MORNINGS IDE ESTATES, UNIT 1
THEREFORE, THESE PRESENTS WITNESSETH: That these restrictions and limi-
tations shall be covenants running with the land, regardless ~f whether or
not they are specifically mentioned in any deeds ~f conveyance subsequently
executed.
A. BUILDINGS:
1. All ~f the above lots shall be known and deScribed as residential
property and no structure shall be erected on any parcel of the same other
than one single family dwelling and one attached private garage ~f the same
architecture and general design as the residence, both to be constructed of
new materials. All structures shall not be less than 50% concrete block-
stuccoed masonry construction and shall have tile roofs. Marble chip or
equivalent may be used for roof construction in the rear of the house only-
for roof ~f such areas as Florida Room and Screen Porches. Other roofs
may be submitted to architectural board t~gether with design data for con-
sideration.
2. No outbuilding of any nature may be erected on the property and no
garage or other structure shall be erected on the property prior to the
erection of the residence. Lean-to's or car ports are expressly prohibited.
3. No trailer, basement, tent, shack, garage, barn or other ~utbuilding
shall at any time be stored, erected, placed on the site or used as a
residence, temporarily or permanently, nnr shall any residence of a tempor-
ary character be permitted. No structure of any kind shall be moved Gnto
any part of the above described property except for a temporary sales
office at either entrace on Belcher Road. No dwelling shall be occupied
prior to completion of construction including final painting.
4. All residences shall be erected in accordance with the following
schedule of minimum square feet of floor area of the ground floor, exclusive
of porches, patios, breezeways, garage and other areas which are either
open or enclosed solely by screens. Flor the purposes of measurement for
compliance with this restricti~n, outside wall dimensions may be used.
Schedule of minimum square feet of floor area as follows:
LOTS 5 through 21 inclusive, LOTS 22 through 32
inclusive and LOT 115...............................1400 sq. ft.
LOTS 1 through 4 inclusive, LOTS 33 through 62
inclusive, LOTS 116 through 126 inclusive. ...... ...1200 sq. ft.
LOTS 63 through 114 inclusive, LOTS 127 through 133
inclusive, LOTS 179 through 193 inclusive ..........1150 sq. ft.
LOTS 134 through 178 inclusive ..................... 900 sq. ft.
5. No structure shall be erected or moved upon any part of the premi-
ses herein, nor shall any change Q:r modifications be made in the exterior of
any such structure unless the exterior plans and specifications therefor
3howing the nature, kind, shape, height and location thereof, shall have
been submitted to an approved, in writing, by the developer his heirs or
assigns.
B. LOTS AND LOCATIONS OF BUILDINGS:
1. Should more than one lot, as shown on the plat of the subdivision,
be used as a single building site, these restrictions shall apply as though
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the entire building site were one lot.
2, No building shall be erected nearer than twenty-five (25) feet to
any front lot line or closer than fifteen (15) feet to any street lot line.
No building or part thereof shall be erected nearer than seven and one-half
(7~) feet to any side lot line or ten (10) feet of the rear lot line.
3. No lot may be reduced in size from the size shown on the record
plat without the written consent of the developer.
C. ARCHITECTURAL APPROVAL
1. No building, structure or installation, including but not limited
to residence, garage, patio, wall, fence, mass planting and barbecue grill,
shall be constructed, erected, placed or permitted upon the property until
the plans and specifications therefor have been approved by the developer
his heirs or assigns. The complete plans (i. e., plot plan, grading plans,
construction plans, including but not limited to front, side and rear
elevations; floor plans, foundations planS, etc.) shall be submitted by the
owner to the developer in duplicate, one of which shall be returned to the
owner when approved or rejected, and the orther retained by the developer.
Approval by the developer of said plans and specifications shall not be
deemed to be a waiver of these restrictions. The developer hereby reserves
the right to disapprove plans and specifications solely on the basis of
aesthetics. If an approval or disapproval, as setout above, is not given
in writing within a period of thirty (30) days by the developer to the
person or persons requesting same, then no approval will be required, pro-
vided that the design, construction and location on the plot conform to the
covenants and restrictions described herein, and are in harmony with the
structures in the same zoning then existing in said subdivision. The ex-
terior walls of any structure shall be not less that 50% masonry construc-
tion with exterior finish of painted stucco or of brick, stone or similar
masonry material. No unstuccoed block will be approved, unless it is a
decorative or colored block specifically intended as a finished material.
No alteration, addition or extension to any structure or existing struct-
ure shall be permitted without the approval of the developer, When air
conditioning equipment is to be included or added to building construction,
it shall be located so as to be screened by view from the street in front
of the lot and house in question. Except for porches and patios, roofs
shall have a pitch of not less than 2" and 12'.
2. No grade or elevation of any portion of any lot may be changed with-
out the specific written consent of the developer.
3. No curb, drainage structure, water lines, 8ew~~ ,.
shall be removed or altered for any pur'Po~" - .
consent of the developer.
4. Owners of respp,.....
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be visible from the street or adjacent lots.
3. No fence, wall, tree, hedge, shrub, or any obstruction of any
nature which obstructs the view above three feet or below seven feet (7')
above the adjacent roadways shall be placed or permitted to remain on any
corner lot nearer to either street than the respective property line.
4. All garbage or trash containers, air conditioners, oil tanks, bottle
gas tanks, soft water tanks, swimming pool filters and equipment and similar
structures or installations, sball be pl.ged under the surface of the
ground or placed in walled-in areas so that they shall not be visible from
the street or from adjacent property.
5. No swimming pool may be constructed which is not fully enclosed by
an adequate screened enclosure or a four foot high locked fence.
E, WALKS, DRIVEWAYS AND LAWNS:
All walks and driveways shall be constructed of concrete from the curb
to the lot line and the remainder shall be paved continously of concrete
unless otherwise approved by the develnper. No strip or ribbon driveways
shall be constructed or permitted. Plans and specifications for walks and
driveways shall be subject to the approval of the developer and shall be
submitted to the developer together with the plans for any proposed resid-
ence.
F. SIDEWALKS:
There shall be constructed in accordance with plans, filed with the
office of the City Engineer, sidewalks on the street side (s) of every lot
in this development Four (4) feet width sidewalks shall be constructed of
300041 p.s.L Portland Cement, formed and poured four (4) inches thick, re-
inforced with 4" x4" wire mesh, Sidewalk construction shall be constructed
to lines and grades and in accordance with specifications approved by the
developer.
Plot or site plans, when submitted to the developer for architectural
approval, shall show sidewalks. Sidewalks shall be constructed Simultaneous-
ly with driveway and no house shall be occupied before sidewalks are com-
pleted.
G. SIGNS:
1. The erection of billboards, posters or other advertising signs or
structures shall be prohibited except as follows:
(a) Identifying signs may be placed on buildings while construction is in
progress. When construction is completed, one sign 14" x 20" in siS!!e maybe
displayed outside a specific house, offering the property for sale, One
sign not larger than eight (8) squar~ feet may be displayed only during the
time that the Builder, or his representatives, are on the premises.
(b) One large promotional sign on each side of the entrance from Belcher
Road to the subdivision may be erected by the developer, and unless approv-
ed by the developer no independent builder may utilize these areas for ad-
vertising.
2. Plastic pennants, spinners, signs with moving parts, alternating or
flashing lights, banners, snipe signs or similar promotional items shall
not be used by builders or owners for sales purposes.
H. EASEMENTS:
Perpetual easements for the installation and maintenance of utilities
and drainage facilities as shown on said plat filed in the Public Records
of Pinel1as County, Florida are hereby reserved. No drainage structure or
installation, or awale may be changed, altered, obstructed, or removed for
any purpose except by the developer, his heirs or assigns.
I . GENERAL:
1. No noxious or offensive trade or activity shall be carried on upon
any lot, nor shall anything be done thereon which may be or become an
annoyance or nuisance to the neighborhood.
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2. No animals, livestock or poultry of any kind shall be raised, brd
or kept on any lot, except that not more than a total of three (3) house-
hold pets may be kept, provided that they are not kept, bred or amintained
for any commercial purposes,
3. No commercial vehicles may be parked in the driveway, or vacant
lots after normal working hours.
4. Builders contractors and sub-contractors while building on any lot
in MORNINGS IDE ESTATES are to keep the premises free of trash, empty bags,
brush and other debris.
J. ADMINISTRATION AND ENFORCEMENT:
1. Blackburn brothers Land Development, a Partnership, of 532 South
Missouri Avenue, Clearwater, Florida, is hereby designated as developer for
the uses and purposes of these restrictions.
2. These convenants and restrictions are real convenants and restrictions
and are to run with the land. and shall be binding on all parties and
owners, and on all parties claiming under them, for a period of twenty-five
(25) years from the date of these convenants and restrictions are recorded,
after which time said covenants and restrictions shall be automatically
extended for successive periods of 10 years each, unless prior to the com-
mencement of any 10 year period, an instrument in writing, signed by a
majority of the owners of lots, has been recorded in the Public Records of
Pinellas County, Florida, which said instrumertt shall agree to change, alter
or rescind said convenants and te8~rictions in whol~, or in part. These re-
strictions may be changed or ~ended by the r~cordirtg or art instrument
bearing written consent of the owner of sixty-fi~e percent (65%) of the
lots herein.
3. If any person, firm or corporation, or their heirsj successors or
assigns, shall violate or attempt to violate any of tHese restrictions
before their expiration, itshsl1 be lawful for any qthet person or persotis
owning any part or parcel of arty above described land to prosecute any pro-
ceeding at law or in equity against the person or persons violating or
atte~pting to violate any such convenant or restrictions and eitHer to ~re-
vent him or them from so doing or to recover damages or other dues for stich
violation.
4. Invalidation of anyone of these covenants by judgment or court order
shall in no way affect any of the other provisions, which shall remain
in full force and effect.
5. The developer shall have the right and authority to approve exceptions
and/or variations from these restrictions without notice or liability to
the owners or other lots or any persons or authority whatsoever.
K. PROPERTY OWNERS' association;
1. Every person, firm or corporation purchasing a lot in said subdivision
from Blackburn Brothers Land Development or their heirs or assigns shall be
conclusively presumed by the recording of the conveyance of said property
to such person, firm or corporation to become a dues paying member of the
Morningside Community Improvement Association, Inc., said Association being
a non-profit corporation under the laws of the State of Fl~ida.
2. Said corporation is formed for the express purpose of maintaining pro-
perty values by creating an informed representative body who will sponsor
community, social, and civic programs for development and improvement.
Developer may, at his option, at the termination of five years from the
execution of these presents assign all its rights of architectural approval
to an Arcl1it~c.~u.ral Boarc:L..appolnted by the Directors of the Association.
3, The owners of each of the numbered lots in this plat of Morningside
at the time of accepting a conveyance of said lot agrees to pay unto the
Association an annusl essessment in an amount determined by the Board of
Directors tif the association.
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4. Such charge or assessment shall be evied upon each lot on which a
residence is constructed, but shall no exceed $12.00 per year, unless
changed by a petition to the Board of rectors of said Corporation signed
by seventy percent (70%) of the owner f the lots.
5. This sum shall be due annually, p ble without further notice on or
befoce the first day of Ju ne of eaeh ar. If not paid promptly said sum
shall become a lien against the proper , subject to unpaid assessment in
favor of the Association. Said lien may be foreclosed in chancery
together with the cost thereof including interest theron at the rate of
Six (6%) percent per annum and a reasonable Attorney's fee which costs
and charges the owner of each lot failing to pay subject charge convenants
and agrees to pay. After forty-five (45) days delinquency in payment of
his annual assessment any owner shall lose his voting rights in said
Association until ten (10) days after payment of all arrears together
with simple interest accrue~.
**********'11 'A *~)\ A A A *******
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Resitrictions Imposed upon MORNINdsIDE ESTATES UNIT "1" AMENDED in
O.,R. Book 1881, Page 555, dated Marcht, ,1964 and filed for record
March 6, 1964 as Clerk1s Instrument No. 166500B of the Public Records
of Pinellas County, Florida.
Know all men by these p~esent.s that the undersigned being
the Owners of 65% of Lots 1 through 193, inclusive, MORNINGS IDE
ESTATES UNIT I, (see Plat Book 59t Pages 58 ahd 59 Public Records of
Pinellas COuntYi Florida) do hereby amend the eXisting restrictions
for those lots as imposed by Instrument No. 108030B as recorded
September 16, 1963 in O.R. Book 1760, Pages 291 through 296 inclusive,
Public Records of Pinellas County, Florida, as follows:
"D" FENCES, WALLS, SWIMMING POOLS, CLOTHES POLES AND LINES:
Paragraph 2 shall be amended to read:
2. No clothes drying !,oles'or lines shall be erected or used on the
property in such a manner that said poles, lines or clothing thereon
shall be visible from the street.
"K" PROPERTY OWNERS ASSOCIATION:
All provisions under this heading, to wit Paragraphs 1 through 5
inclusive, shall become null and void and shall not be"binding upon
the owners of lots in thissubdivisinn.
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CONDITIONS AND STIPULATIONS
1, Definition of Terms
The following terms when used in this policy mean:
(a) "land": the land described, specifically or by ref~r-
ence, in Schedule A and improvements affixed thereto whIch
by law constitute real property;
(b) "public records": those records which impart con-
structive notice of matters relating to said land;
(c) "knowledge": actual knowledge, not constructive
knowledge or notice which may be imputed to the Insured
by reason of any public records; and
(d) "date": the effective date,
2, Exclusions from the Coverage of this Policy
This policy does not insure against loss or damage by
reason of the following:
(a) The refusal of any person to purchase, lease or lend
money on the estate or interest covered hereby in the land
described in Schedule A.
(b) Any law, ordinance or governmental regula~ion (in-
cluding 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, dimen-
sions or location of anv improvement now or hereafter
erect~d on said land, or pI~ohibiting a separation in ownership
or a reduction in the dimensions or area of any lot or parcel
of land,
(c) Governmental rights of police power or eminent
domain unless notice of the exercise of such rights appears
in the public records at the date hereof,
(d) Title to any property beyond the lines of the land
expressly described or referred to in Schedule A" or title to
areas within or rights or easements in any abuttIng streets,
roads, avenues, lanes, ways or waterways (except to the ex-
tent the right of access to and from said land is covered by
the insuring provisions of this policy), or the right to main-
tain therein vaults, tunnels, ramps or any other structure or
improvement, unless this policy specifically provides that
such titles, rights or easements are insured,
(e) Defects, liens, encumbrances, adverse claims against
the title as insured or other matters (1) created, suffered,
assumed or agreed to by the Insured; or (2) known to the
Insured either at the date of this policy or at the date such
Insured acquired an estate or interest insured by this policy
and not shown by the public records, unless disclosure there-
of in writing by the Insured shall have been made to the
Company prior: to the date of this policy; or (3) resulting in
no loss to the Insured; or (4) attaching or created subsequent
to the date hereof.
(f) Loss or damage which would not have been sus-
tained if the Insured were a purchaser for value without
knowledge,
3, Defense and Prosecution of Actions - Notice of Claim to be
Given by the Insured
(a) The Company, at its own cost and without undue
delay, shall provide for the defense of th~ Insured in all
litigation consisting of actions or proceedIngs commenced
against the Insured, which litigation is founded upon a defect,
lien or encumbrance insured against by this policy, and may
pursue such litigation to final determination in the court of
last resort.
(b) In case any such action or proceeding shall be be-
gun or defense interposed, or in case knowledge shall come
to the Insured of any claim of title or interest which is ad-
verse to the title as insured, or which might cause loss or
damage for which the Company shall or may be liable by
virtue of this policy, the Insured shall notify the Company
thereof in writing, If such notice shall not be given to the
Company within ten days of the receipt of process or plead-
ings or if the Insured shall not, in writing, promptly notify
the Company of any defect, lien or encumbrance insured
against which shall come to the knowledge of the Insured,
then all liability of the Company in regard to the subject
matter of such action, proceeding or matter shall cease and
terminate; provided, however, that failure to notify shall in
no case prejudice the claim of any Insured unless the Com-
pany shall be actually 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 prosecute any action or proceeding or do any
other act which in its opinion may be necessary or desirable
to establish the title as insured; and the Company may take
any appropriate action under the terms of this policy whether
or not it shall be liable thereunder and shall not thereby con-
cede liability or waive any provision of this policy,
(d) In all cases where this policy permits or requires
the Company to prosecute or provide for the defense of any
action or proceeding, the Insured shall secure to it the right
to so prosecute or provide defense in such action or proceed-
ing, and all appeals therein, and permit it to use, at its op-
tion, the name of the Insured for such purpose, Whenever
requested by the Company the Insured shall give the Com-
pany all reasonable aid in any such action or proceeding, in
effecting settlement, securing evidence, obtaining witnesses,
or prosecuting or defending such action or proceeding, and
the Company shall reimburse the Insured for any expense
so incurred.
4. Notice of loss - limitation of Action
In addition to the notices required under paragraph 3(b), a
statement in writing of any loss or damage for which it is
claimed the Company is liable under this policy shall be
furnished to the Company within sixty days after such loss or
damage shall have been determined and no right of action
shall accrue to the Insured under this policy until thirty days
after such statement shall have been furnished, and no re-
covery shall be had by the Insured under this policy unless
action shall be commenced thereon within five years after
expiration of said thirty day period. Failure to furnish such
statement of loss or damage, or to commence such action
within the time hereinbefore specified, shall be a conclusive
bar against maintenance by the Insured of any action under
this policy,
5, Option to Pay, Settle or Compromise Claims
The Company shall have the option to payor settle or com-
promise for or in the name of the Insured any claim insured
against or to pay the full amount of this policy and such
payment or tender of payment, together with all costs, at-
torneys' fees and expenses which the Company is obligated
hereunder to pay, shall terminate all liability of the Company
hereunder.
6, Payment of loss
(a) The liability of the Company under this policy shall
in no case exceed, in all, the actual loss of the Insured and
costs and attorneys' fees which the Company may be obli-
gated hereunder to pay,
(b) The Company will pay, in addition to any loss in-
sured against by this policy, all costs imposed upon the In-
sured in litigation carried on by the Company for the Insured,
and all costs and attorneys' fees in litigation carried on by
the Insured with the written authorization of the Company,
(c) No claim for damages shall arise or be maintainable
under this policy (1) if the Company, after having received
notice of an alleged defect, lien or encumbrance not excepted
or excluded herein removes such defect, lien or encumbrance
within a reasonable time after receipt of such notice; or (2)
for liability voluntarily assumed by the Insured in settling
any claim or suit without written consent of the Company,
(d) All payments under this policy, except payments
made for costs, attorneys' fees and expenses, shall reduce the
amount of the insurance pro tanto and no payment shall be
made without producing this policy for endorsement of such
payment unless the policy be lost or destroyed, in which case
proof of such loss or destruction shall be furnished to the
satisfaction of the Company.
(e) When liability has been definitely fixed in accord-
ance with the conditions of this policy the loss or damage
shall be payable within thirty days thereafter,
7, liability Noncumulative
It is expressly understood that the amount of this policy is
reduced by any amount the Company may pay under any
policy insuring the validity or priority of any mortgage or
deed of trust shown or referred to in Schedule B hereof or
any mortgage or deed of trust hereafter executed by the
Insured which is a charge or lien on the land described or
referred to in Schedule A, and the amount so paid shall be
deemed a payment to the Insured under this policy,
8, Coinsurance and Apportionment
,(a) In the event that a partial loss occurs after the In-
CONDITIONS AND STIPULATIONS (Continued on Reverse Side)
CONDITIONS AND STIPULATIONS CONTINUED
sured makes an improvement subsequent to the date of this
policy, and only in that ~vent, the Insured becomes a co-
insurer to the extent heremafter set forth.
If the cost of the improvement exceeds twenty per centum
of the amount of this policy, such proportion only of any
partial loss established shall be borne by the Company as
one hundred twenty per centum of the amount of this policy
bears to the sum of the amount of this policy and the amount
expended for the improvement. The foregoing provisions shall
not apply to costs and attorneys' fees incurred by the Com-
pany in prosecuting or providing for the defense of actIons
or proceedings in behalf of the Insured pursuant to the terms
of this policy or to costs imposed on the Insured in such ac-
tions or proceedings, and shall apply only to that portion of
losses which exceed in the aggregate ten per cent of the face
of the policy,
Provided, however, that the foregoing coinsurance pro-
visions shall not apply to any loss arising out of a lien or
encumbrance for a liquidated amount which existed on the
date of this policy and was not shown in Schedule B; and
provided further, such coinsurance provisions shall not apply
to any loss if, at the time of the occurrence of such loss, the
then value of the premises, as so improved, does not exceed
one hundred twenty per centuniof the amount of this policy.
(b) If the land described or referred to in Schedule A is
divisible into separate and noncontiguous parcels, or if con-
tiguous and such parcels are not used as one single site, and
a loss is established affecting one or more of said parcels but
not all, the loss shall be computed and settled on a pro rata
basis as if the face amount of this policy was divided pro
rata as to the value on the date of this policy of each separate
independent parcel to the whole, exclusive of any impro\'e-
ments made subsequent to the date of this 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,
Form 3021
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9, Subrogation upon Payment or Selllement
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, and it shall be subro-
gated to and be entitled to all rights and remedies which the
Insured would have had against any person or property in
respect to such claim had this policy not been issued. If the
payment does not cover the loss of the Insured, the Company
shall be subrogated to such rights and remedies in the pro-
portion which said payment bears to the amount of said loss,
If loss should result from any act of the Insured, such act
shall not void this policy, but the Company, in that event,
shall be 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. The Insured, if requested by the Company,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 the Insured in any transaction or litigation involving such
rights or remedies.
1 a.policy Entire Cont,ract
Any action or actions or. rights of action that the Insured
may have or may bring against the Company arising out of
the status of' the title insured herein must be based on the
provisions of this policy.
No provision or condition of this policy can be waived or
changed except by writing endorsed hereon or attached here-
to signed by the President, a Vice President, the Secretary,
an Assistant Secretary or other validating officer of the Com-
pany.
11, 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 office at 111 West Washington Street,
Chicago, Illinois 60602, or at any branch office shown hereon.
R 7,61
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I
~ITY OF CLEARWATER
Interdepartment Correspondence She"et
,
TO:
City Clerk
FROM:
City Attorney
COPIES: City Manager
SUBJECT: Purchase from William G. Blackburn, et al
DATE:
March 29, 1966
The subject purchase has been closed and we attach hereto the following:
Warranty Deed for Lot 233, Morningside Estates, Unit 2,
duly executed by William G. Blackburn, et aI, together with
Check No. 1092 of Florida Bonded Title Company in the amount
of $21. 85 to cover costs of stamps and recording.
Warranty Deed for Lot 96, Morningside Estates, Unit 1,
duly executed by William G. Blaarkburn, et aI, together with
Check No. 1086 of Florida Bonded Title Company in the amount
of $20. 10 to cover costs of stamps and recording.
Closing Statements to cover the purchase of both lots.
Title Insurance Binder of Chicago Title Insurance Company,
#66-6127 in the amount of $4700.00 covering LotZ,33, Morningside
Estates, Unit 2.
Title Insurance Binder of Chicago Title Insurance Company,
#66=6126 in the amount of $4230. 00 covering Lot 96, Morningside
Estates, Unit 1.
R
Atts.
H.M.B.
~
FL1IDA B~ND;D T~ COMPA~Y
.....nl. For
FII. No. 66-6126
CHICAGO TITLE INSURANCE COMPANY
BONDED A IN.URED
TJ'I'XoE ~1lI1111AJfCa CL08U'08
METROPOLITAN BUilDING
318 South Missouri Ave.
Clearwater, Florida
T'Jn.ilPKOJl'B
" <4. . 0 I I .
STATEMENT OF SALE
I!
I
SELLER
William G. Blackburn and Wallace W. Blackburn
,PURCHASER
,
PROPERTY i
Lot 96, Morningside Estates, Unit 1
DA TE OF CLOSING PRICE DEPOSIT
March 25, 1966
ITEM SELLER PURCHASER
, - CHARGES CREDITS CHARGES CREDITS
ISALES PR ICE 4,230.00 ,
I
I I 1
I EXISTING MTG. ASS'D. I
I
I :
1 EXISTING MTG. PAID
I
I MTG. INT. PRO-RATED ,
I
I
I NOTES AND MTG. i
I
UNEXPIRED INS. I
I REC. FEES: (DEED) i i
I
2.25 I !
REC. FEES: (S/MTG.) I
i
TITLE INSURANCE i
!
CLOSING FEE I
i
I I
1 '
I FED. STAMPS (DEED) j
I ]
I STATE STAMPS (DEED)
STATE STAMPS (NOTE) I,
-
I
liNT. TAX ON MTG.
I
i TAXES PRO-RATED 1966 10.25
I DEPOSIT - I
i EARNEST MONEY I
I i
i BROKERAGE FEE ----._--- --- '-- -- ---- ,-------- -- --- --. ---- ----~ u._ _ I
I BALANCE DUE I
I
i FROM PURCHASER 4,222.00
I
TO SELLER i
I
I
I I
I
I I
I
I
I
TOTAL 4,232.25 4,232.25
! SELLER SIGNS: PURCHASER SIGNS:
,
IIi I '7 .
/
~! " .,
.' I / . I
I \
City of Clearwater, Florida
;:"m.3106
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