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WILLIAM AND MYLDRED BLACKBURN (3) ,% ,1:/"" v, ~_ ~-v ,\ FORM 1104 . ,- 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 ,I 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. --_I ''';=:;:: - ST/XTi,: C f" F:: l.. () f~~! t.J:lt. ~pr,~~~,!~:~'i(1t~il~\~?'~,-~-c-~.~'?~ := n"',;,,~ ,< t :-J i ? (' Or, == -- , "0 ~ </ J , L.. '- - --;, ,")\\L_~~_p'/ = c.IMi"l1l0~l.L, , ' .. :-,~"J =-:. P'13;,:)12: .. '---.: ,.-:::' ~ :z: > ;D'V 0:- CoA,) r.Z CJ ~ ;:0 ~ x r-m ~.n - (_en .~ "'00 w Z <:) ;::0 o. C VI g~fTl -0 !'"oc X na2 .. '-0 c:n ~. 0"') .. , C:", -:... Lu ", Zo 0:0 ~ 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: -. I "'" &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;, } ---- /205/- 71' -.!l '::J;, o -,~ r; '.~;-'~ I \ ." ""'\ ,.._~. ,--'''-1 w' '""''I -, . ~,,) t.:) 1'" Wa_Dttb'(1) TO Date .. ABSTRACT OF DESCRIPTION ..... " I 'I Ii / 'tO~ V rt"U\l~ -V'\t;. ~t=~\. C'" $P'" ~ '\:~ ;:J \",,!\'D C~ . W-~~> -0 0 ,"'-' J... f"'i,,~~"''''I ,:,,:f.1~).. CV~~y,. :1 ,--. I I,) FLORIDA BONDED TITLE COMPANY \ i Metropolitan Building 318 South Missouri Avenue CLEARWATER, FLORIDA 33516 ,Phone 446-0116 , ! . I I I /); t:,"' .- '" /e,,", '" i~~~j\~1~~llIDfi!~~iJ~;;~"",j*~,'1t?4~11i!l'"" !io{~~ :~~'r iJj! '[.1 1~1li ,I,,", 'r,I 'I,!,.".'..,' j~l I,;,,;, 'h'j' iI'" I ;;:r~~I; '~'I Iii Il1;~lf i~~jl 'j''';iii ,.".".'1 lit'l ""11 Ifill I~~}il 1';:li i';;~ I ! ';'~~ I i :~'Ii: I','\;i,' I'." Efr ,._..11 I ~t~ji [I'!'.:,",'I' fr-i I~ill ""'11 I~;J! leJ!,ri i"f...,..,."'.'.,.,'.",,..1 :<;'11 il~~EI ~ ,~ it;,1[' I~,,:j: li','.."'.'.:.','l'; .';tF .k,1 .,;, lir~~,,':.;..':,[.11 I ,,'.;"'!I I....,' 1\\1 IVit11 ~,,""I ]r.1~~ I !iT. I 1"'.'.,1 ;", 1,'li'l ""'1 I;;i, ,,:, IJ;/ 1"'1 ...... :~~ ' -=' -~'.~ 1.,..'.,.[.. . [' i"I'=- =-. ..........'.","..,'. ,-- l:'~~i ~.-; ~~II . 166-6.126. ~ ~__ ,t!m"i;~_,:'~+J:;~.a\t'*' . . ..,~Jr'm.' . .?!'~';:~ ~~'~).~r'#~' ,:~~,~a:~',~~.:#::~~~l!~rRb::~!i\ :i.l.~i=~~!.i~~~_ ~ . ""'~.~~J '.~-' : '-'~r"'.'.:~"''-'' ~!!i\H'_, '"i.ti~"~-1!l!,' -.-', ~",l~\Hilt:I.:- ,''', ,~~,','!iib~" AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY STANDARD FORM A - 1962 10 13 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. '-, 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. ~w;;,n:;.:~~:.~ii'i ~j!i-~,~'. !":I!Hlfl', .;i >I!!:i.\r ':. .,,,';;l:ij}~\r..' ,: .J'l~ ,. ~ Policy Number 10 13 01 01477 Owners \, 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. , . I I 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 -- j;; ;(~, ~~""i,tU;.t<-~ &t:;-fl:'.~~~~~~~~:~., L,.;j';~t:.~ "'-,- I , ~ Page - 2 - 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,..... to the developp~ - the act"~- ~> -- .-" -- ..,- ./ ~ .0#' ./ .0#' ./ ./ ./ "" ./ /" j i.J r,';j ,/ ~/'-~/ I I '\ Page - 3 - 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. "r.... , ... ')' I 102':' .1!a_lII'" Page - 4 - 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. tIt_ . ~ I I \ Page = 5 - j 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 ******* I I 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. *****'t'**' " . --:.: -:"klii :...:- .,: . , , _.------.~-"-- ---....-.--- ~ I I " ....... 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 ;:(~l!:.-~_~,:rj;&~~:'~t~" .:~~:~~~~,,!!!l~~li'-!!j;:~~"~\r.~;~~." ._~~:'~!~'~"~'~~ i. _~-_~_i~'!ih~::~'1a~"'l~. Ul Ul n r-" S. ...... (J) '"C ...... ~ (J) (J) ...... ~ ...... (J) ...... ~ >-; SJ en ~ cr' ~ v:l >-; 0 >Tj \!CI 0 0" >Tj O:J 0. ...... ~ 0- 0 .... 0. ...... po 0- 0- S' po (JQ ~s= 00 ~ ~ 8 s='g 1-'" ~ en ...... o ~ S. ~ ;J>t::.: ~ e: l::l l::l ~ (JQ (J) >Tj ...... o 0. 0- po tl:l o l::l 0- (J) 0- ~ .... ...... ...... (J) n o ~ po ~ ~SNI · (> :~.~.....o () '7 tr1 0 ~ '. ; ~~ . ,,,,Y ~ IVY. 1>- ~ z ~CFl~9 OC~< ~~~Z ~>~~ OZ~~ ~O CFl ~ ~ ;:s <I> '" .... ~ ;:)" ;:: ~ f}Ot-< ~ ~, $:l ~~E.. ~ ~ ~ ~~ :;.. 1';' " '- ~ .... 10 z:; 01 \:) ..... '" ~. 0' ;:: ~ " 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 :it: ~ 1~ .~~, _~C-'ti~' .. ..~j;~._~ '._.)~ - '1.~'iii.:;;" >.' )H~'''', -, ~. : ~---~;. i:, J' ~ I ~ 0 i ~ 'C.'_ ti I~I~' II~t,,:'.,\.:,.'...~ !l~ I!: i!i~ 'L,.l\""''''- "', .. il~,:'"'~~.'.':.'.":\.".'~,:/".,!~,:~...~.:.~-~,.,,,;-.-..,'..',','.,',.."';~,'.",'.,:',,,-:-,'i,',_',. ,_'.,~..:.,..',.::.___'...;.-;~,,'~ ~ _~~ _ _____~_, ?;~~~::'0"~,~,:':~t~~vr1i~S'i~i~~~~mi-:~,~i~;~~j~Li~~~~:1 ~:~f~;~~_:~.:~i!!' ;aiill~~~.-~:r~1t~~.i!~ ;'ni;'~~~,;:~;iiii ..;~~ . " ii,,~\lj>".':!ii~',~fi,;qYH.d~ii '},;,""\i~'i~i' :i;":l\iI~.:'~,f1.,' "'iO"ilij"",",'"" . ;.,y 'E ~ - . ~""'r_." 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 ,. I .. '/-~-;J/:J ( y, 'x' /. ~/