Loading...
SCHOOL BOARD PINELLAS COUNTY ~.. - "; ..- !r .............. )> ~~ I -": '-./ 1- .... I/k.J LlC l\j i ,t ) R F CLERK OF CI RCLJ !'~::.iu p':: P/NELLAS COUl\jT( - 14 14181865 40 41 42 72 000 I. 14JN78 7.00 2,808.00 05 1,029.60 5T 3,844.60 CK r..: ~....~ :! .rNv.oICE DATE INVOICE NO. LOWER HALF FOR RECORO - DETACH BEFORE DEPOSITING Documentary stamps for Deed from The School Board to City of Clearwater State $2,808.00 Sur-Tax 1,029.60 Recording 7.00 315 1 3101 301 077 AMOUNT DICE M1IOUNT C"{h~~"..b10. 3,844.60 CITY OF CLEARWATER ,~~ ' ~ " J :) -- .'; '1 (';! ',) 4.-/,. r<..,~ .. ". " .1",:. " , ., ";.('>r,_ f<' -----_. ??IIlJ.,l?(I I 78092073 ~hi3 Instrument Prepared By: B. llh~in. JOh"?son, General CounsH Posl_ufflce Box 4688 Clearwuter; Flori~a 33518 HAHHAJrr { DE.GD O.R. ~ 7 0 9 PAGE 11 7 7 . N ~ ltfHrl. .'-~~.t '}Rt1:n ;,ltn,;AS co. ;'lORJOA ~........J... f(j..d._ J h~ CURk CIRCUIT COURT I I, I'1ade this 7th day of June , 1978, between TnE SCH:OOL BOARD OF' PINELLAS COUNT I, 8'LORIDA, a corporati on exi stine; under t:'lt'l laws of the State of Florida, having its principal place of business in the County of Pinellas and State of Florida, party of the first P,g rt, ani} the CITY OF CLEARWATER, i"LORIDA, a IIuni cip81 Corporation, Post Office Box 4748, Clearwater, Florida 33518, of the County of Pinellas ann State of Florida, party of the second part, WITNESSETH, that the said party of the first ~art, for and in consideration of the sum of Ten and No/IOO ($10.00, Dollars, to it in ll.anrJ paid by the said party of the second part, the rec,:;ipt wllereof is hereby acknowledp::ed, has granted, bargained and sold to the said party of the second part forever, the following described land, si tuate, ly ing and being il1the County of Pinella s, State of Florida" to-wit: '<1~1' c:' '[J ~~l ("".;) '-,..., ex) :a:~/' '0<1 0 " I..... ..... ~ i,-l'V' ! il, ~~~::lWt; lit ~~..,,._,....,,....~~ll :~r,lf~rl It-z:>o I Z . ~' ~:i\~:'~ } . -'1"- 't ' ::-;,;. '~I' :~'-.c:;' f,.~ (.~~:. ), .,:.',". ~. ! j~()i::i~11 'Ii ,,;;; S~~B~? i\:';'~tl 0-;- :CJ~" C ' 'I;;:~::I d , ,..",=, :;'.:.') " iO~I; 0) ; '.J~{;ft'.~, ' !,;~' ,iil~,,' 'r~~1,,'\\ 1'~,I~l~"':~!;'! '~~I);. " 'w:'~! ! II ~.j,,- . ,Y.'~ ' i 0 ~I';~f r :c- '!Ie , IWL 2: ';; I , Z'" '- I /i-L'! ~ : ~ 1 /.,'.-( ;:'.~I tL. : ' 'I ' ;"~:~ It"., ~J ,....L. ~. ..' ~. I )' ~'-" I' ;'~.;;:~ " ni . '1e, ...'j ,i'll., ~Lb~CZ ~, dH'Q~. '-Jr,; C') ~ 14 i4isIB65 72 0001= 14JN78 40 ~1.PQ6~ North 3/4 of the South 1/2 of the Northe ast 1/4 if1f 2,8~ ~ the Southeast 1/4 of Section 20, Township 28, R~e I O~:&T 16E, Public Records of Pinellas County, Florida; 3:8jit~~;< "'j,.l::o.~~ t"'..:J~O >~p;l.. . GQ Harth 1/2 01' the Northe as t l/L~ of the Southe a st l/L~ of Section 20, Township 28, Range 16E, Public Hecorcls of Pinellas County, Florida; and and From the East 1/4 corner of Section 20, Township 28 South, Renge 16 East as a Point of Reference; thence South 89 5lt'58" lJes"t, along the East-\-Jest Centerline of said section, 495.47 feet to the Point of BeGinning. Thence continue South 89054'58" West, along said line 838.64 feet to the lJorthwest corner of the Northeast 1/4 of the Southeast 1/4 of said Section 20; thence South 00000'16" West, along the West line of said Northeast 1/4 of the Southeast l/~J 1221.50 feet; thence leaving said line South 89 50'5111 Hest, 370.01 feet; thence North 00000'16" East, 635.80 feet to a Point of Curve; thence along the arc of a curve to the right, radius 950.00 feet, arc 1361.59 feet, chord North 41003'51" East, 124.3.01 feet to 3 Point of Reverse Curve; thence along the arc of a curve to the left, radius 1050.00 feet, arc 170.34 feet, chord North 77028'35" East, 170.16 feet to a Point on Curve; thence leaving said curve South 19()21'16" East, 2L[,O.76 feet to a Point of Curve; thence along the arc of a curve to the left radius 290.00 feet, arc 222.05 feet, chord South 41017'23" East, 216.67 feet to the Point of Beginning, Pinel1as County, ?lorida. SUBJECT to easements and restrictions of record. to to en ~ 00 And the said party of the first part does hereby fully warrant the ti tIe to said land, and wi 11 defend the S8me against the 1,nlfu1 cl,lims of 811 persons whomsoeve,r. Ol~l Ch~ () 40 Rec?mo 60 41 St . ~ 0 112 Sur L~ . ~3, l!9Y'cJ:~rf / () , ..::J;/_1l.-Y- t ~ <..w U, .... ......~ : ~~ ~ -, = ~..:: co - -_. -..-- - t' STAT-E- o,=-- Fl~CiHi!;.r'\ t · '. "y ~.= r ~ , ",II" r ,\ I DCt;UMENTA",_ ~p..'~''-!t, ;,~,:, .~^\'.~__L,' .' ')!'PT. Of REVENUE l~; .~~'ilX"~ ! .:;: -. .;\f~- z~ == :: jij~14'78 ~~;;~~~~.!::J 9 0 O. 0 0 ~ - P.9. " .,,'r.-~./ I ::: 10534 ""'c:",:".~: . IJIT-: "- S--r-ATE-'OF-FLtfrFui',' (" r- "y ..-, C'''''';l.~:,", T". I DCCUMENTA~ ,4.'!7i,i~;', ,;) ,,,,,,..I ,__.:...::' .' .~~ ..,y PEPT, OF REVENUE (,;~'~.'... Fi~.;.~~.~" , t ., ~ ~ JUNI ~'7A ~~::;o/;t~}~ 9 0 O. 0 0 I co _ P.9. ~~~< " I "J ~~____.._ _>~~".". ..--,--. - . ! ~ \ , \ / cJ- -0 3:L {~1-- 'C. " . .-.. ,'.- . ... .... I I O.R. ~ 7 0 9 PAGE 11 78 lIT WI'rUESS v.JHER.Ji:Oli" the said party of the first pel't has catl.SHcl these presents to be signed in its name by its Chairman, and its corporate seal to be affixed, attested by its Ex-Officio Secretary the day and year above written. Signed, Sealed and Delivered THE SCHOOL BOARD OF PINELLAS COm~TY, in Our Presence: FLORIDA ~clLLL/LJ By:>ttj~~j2j ~!~"i ..... -"'? -...-' .. ~/ (2;~: ; Attest: STATE OF FLORIDA ) COUNTY OF PIN3LLt'\S) I HEREBY CERTIFY, tha t on this 7th day of June , 197e, before me personally appeared HARTHA RUDY HALLACE and GUS SAKKIS, the Chairman and Ex-Officio Secretary respectively of THE SCHOOL BOtiRD OF' PINELLAS COUN'ry, FLORIDA, 8 corporation under the laHs of thA Statp, of Florida, to me known to be the persons described in and who 8X8- cute d the foregoing conveyance to the CITY OF CLEAmIA'rER, FLORIDA, a Hunicipal Corporation, and se11erally acknov-rledged the execution thereof to be their free act and deed 8S such officers, for the uses and purposes therein mentioned; and that they affixed thereto the official seal of said corporation, and the said instrument is the act and deed of said corporation. WITNESS my signatu.re and oi'ficia:. seal at Clearv-Tater, Pincllas County, Florida, the day and year last 3foresaid. My Commission Expires: __....e... (If 11m..... . ~tSSION ".IIS AUG. , ... ~"G8IW". ....... (; I( 1/ \-. l' ~ . ~.'(~, "~'.', .:.. .(../ .. ". ,... I....!j i!, ',.". ~: <~~_... ;,. ....~ C>'> C/l .,..., ct:.- -'~ -'2: hJ:;> :2:0 ..". a:u .., = ~ C/l ..,. 4:.- -'>- -'2: ~::') -.;:- ---0 a:u CY") = DOCUMENTARY = SURTAX=--= E~~ .. .,. . "; ()t L.. (.I) \Ai ~(.: ""'"' . ~:""'; '~., "". '," tl "j\\ \, "'i~/i'i? ";-;"' .,' DOCUMENTARY - SUR TAX ~;~ -2- " ~f)"'. tJlJF~~:", :..:,n.~ ~! ." 0:""'" " , 'f (~ 1\: l':'j 'f',) f( ('; ::'l!.':-' . ,'~'.\' ~.~,~<: ,~. ~ r, '!;1~~ ~.\ ',^ :'IJ :'~.~. ";') ~, .;n' fiJ'<;; .::'.I"ili"ltp ;::CP.O.. .'.' "'Om::::.'-A<:il'p' rrr'"l.tt ~>,cfJ"oi' ~~ ~J ! (", ;:;1/ C~; i ,t.l., .'.. j, ~~: ", L ',: , ',,,1~:1.,;: 'i.; 1~O~~, J~\L:;.di~ G~.('~;r: ~:..-~"'J,:! -"'l: {:; ":r,;;;;p,~~ H":'t'} r.. ~"",rf, :, ) (.:: ~ '- : ~;_ .:... ~:.. .~. :-; "'r; h!) ':, ~ ~,'_1. ,::, ~J'-,: ':.t ," ~ '< ~3~-~' i ':~.. \t.t, ~! ~ ~J1' ~!CJ ~") ; i:'.f'''~;'l~i. :' ~J}-. t..i.-~~'" "'._' a";1'':/ ;"':~~~:J:~Q ,,1"::;~11 .;., .'t.. ."f ,,,,". .,,:,~' ," .','," : \'(.,~.: i,j). ~'~ c.,." . ~ .... ...i":':c.H_<;'l~arc:'-,":""r~ rftCl ""Od~"~ :,-~1<. ~,I~ _I ; j"! '\ J ";" i"~:r:-)"?" fC- :-j r~' :':;"l.~ " JDq"~i 'irt~ ,.'~;. 'D_fS~;J':.]. ~A.:;l:~ ~it.;i .-",i. ,~ b:t :' .;: J..t.'\. $:IOp..it: " . , .~ '..", rL't: ,I;.} ot.'(::(. b:Uj-h..':i'iT j;;J~; ~.{1!~'~'~ rl-J'.M~r,'i)h,~", '~ " "";';,i,"; ',"->O'f'iJ"J ro ~., ,".<c :r,'-:J'l,,;:,,2; "" ~.; ~)1. n~'$! .:~ ~~ ~~ J (': l~~:',. :1 ~1:.~ 1: ;...~'?' ~'" :~: 1$ C"'i J 1 Ii .'!' ') f'; ~'~ r~ J!fr tti:~ f" ~J'4!~'[ htf,s, ~ {J " t,;" Vf t}7l f" ,:"t:: ()l<~ I';.~; j', ':\:0' '~,"''''F. .'Ofj';.. illJCf? t.~;,. ']C\;flr;:f'~f! 'i"~.",O:il1fUI1.1'; ~~;q .'>'~oO''il?~i:A!' '"' '1.(;'!'~. :).. '('" ~;J.' . ,t~"'4<t p,.... (- t, ;,("al'lfi"fC,l :,l!\:,~ f.~P!<:'i ~'l~f) ;r"I ,. '.fl", '1':'" ", y n rJ:;' c, .; ""'I nq l f' f.!, ; ':'Ulilf :~nn,. _ 0 '.: ~ p.l~t:~ ~L;'U r; I\C It. c';>r:,., '", Ol~ '.' ;.":j ".,.~'i~ ...;'t,:j "Ci,lC(,A.,! '1'; "';f/t 0-' , (.fnl.')lf<H1f....O(: i .. ;. C'l' tHe, '~'.Jr~\ :;;t.o;-,,~q!, . ,;~ .:,!jl'~' "" J.^";(. ~;,. ~:f~:t :,.e('~ fl.,)",'. ,7 tJ'~ ;}. " ~ c f ."f ~'?< 'n,....) 6,;:: I, 'i.4c:,t:..r-; ::~ ; ,.~r)~:-':,\..!.~~,.~'(-:- .]1' (' . . . ,.. ;t>:,:}...t:. ,';.H" ~ '( f ;' ':-~'f ~', l' r.V'io-'" r: ~ ~tr <I, -: t, ~:~:,' ~ ",~' t'I.L... ~.).~ ~~~{,; .",j,~):' ;~~(\.:; '~.~ tl~ W-;~~J,,~ ; ~I > !,-'-;. ~J';" Ct, h...-~b9::'.~ ,;; o-T ;, t"" ~ !I' n H \.-~:', t, {-,;,' ~ i. "'~';1.;(' ~'r~)':,':'.,," o!i., r\,'-~ r~, :':.~~tj1...(:~... ~!J~~~~~1^ ':',J,\' ,;:,t.~'.J't " -oj ~... ; ~ \;~ 'I.. ~'} ,: i" \": C p C....; ~ 1 ~),,~,~, t. (1. :I4R{,~-:" (' ~:;..t"il!~:f". .t<.~.~~.1:r...~..f::.;f,,i\; ~:p'1':~ ~.l;';:: ,r.,f1'1, .. .i ".$.-'\~ i...-..r:~l '~ ,) rp'9'f:'1;., ~j' :.(\ '))..'",^,;,jt,;;ar:' C,);J(o.,;;q ,,'f' ,'P ,.,. t, t,):;" ~'l ~..:. ,r:~.~!~ _; ~'~, p ~~(;::.:; ~.' . 7t7.~:.t,.)..~!~~~J.f~ I"<'j~t ~(~. ;-..If " ., t ,~'..:~ t:, r 1,,' .. , /j' r)1 ',.-:J;....'"'. 'J' ,.' 'F;; p ..' ~ , '"'(.cr!~~ ~ ~ ')j 1",' . -.)'f.... ~ "'f"":- L.~ ~ , ~ "1;.;. :r .- ' C,;) 1. l r' ,I" : .~~' ~., :' ~ I ""',., '\ \~~1 ." ., -",~ IMEMORANDUM OF UNDERSTfNDING RE: SALE AND PURCHASE OF PROPERTIES FOR COUNTRYSIDE HIGH SCHOOL This memorandum confirms the following understandings reached in our recent staff discus sions relative to the construction of Countryside High School: 1. The City staff will recommend to the Clearwater City Commission that the City sell to the Pinellas County School Board a 54-acre tract of land situated at the N~ W. corner of S. R. 580 and McMullen-Booth Road (described in Attachment A) for the sum of $936.000.00. The Pinellas County School Board staff will recommend to the School Board that it purchase the City property at this price. 2. The City staff accepts the condition that the purchase and sale of properties will be contingent upon determination of adequacy of the soil conditions at the City's property to support the school facility. This determination to be made by soil test borings to be obtained by the School Board. 3. The City agrees to provide al" assessment impact statement of its property to the School Board. 4. The City will deliver fee simple title and title insurance on this property to the School Board. 5. The Pinellas County School Board staff will recommend to the School Board that it sell to the City of Clearwater a 50-acre tract of land situated approxi- mately l/2 mile north of the northern end of Landmark Drive. gen-erally one mile north of S. R. 580 and 1/4 rrlile west of McMullen-Booth Road (described in attachment B) for the sum of $760.000.00. The City staff will recommend to the City Commission that it purchase the School Board property at this price. 6. The School Board staff accepts the condition that the purchase and sale of properties will be contineent upon the School Board undertaking construction of the Countryside High School on the City parcel by September. 1978. I I 7. The School Boa rd will deliver fee simple title and title insurance on its property to the City of Clearwater. Appro:ved: ~!' /jif'~ I ~/<<~~t-/ ~. ,J VJ \ -<-. Gus Sakkis, Supt. of Schools Date 9~ II /97'1(' ~ Anthony: L. hoemaker, City Manager n?te L~,,_{ (!t.L / t) / tj 77 I) !. / / ~~. ~ <<:i./hp~ Martha R. Wal ace, C airman Schoo oard, of Pinellas County Date II 9 7 - .! , ' I I PURPOSE OF TIlE APPRAISAL To estimate the market value of the fee simple interest of both tracts as of December 8, 1977. LOCATION OF TIlE TRACTS School Board: Located approximately ~ mile north of the northern end of the completed Landmark Drive, as it now exists in the Cormtryside Development. The site is generally one mile north of S.R. #580 and ~ mile west of MtMUllen-Booth Road. (SR#S93) Ci ty of Clearnater: Located at the North\vest comer of McMul1en- Booth Road (SR 11593) and SR 11580. LEGAL DESCRIPTION School Board: From the east !;t corner of Section 20; Township 28 South, Range 16 East as a point of reference; thence S.890S4'58'11., along the east-west centerline of said section, 495.47 feet to the point of beginning. Thence continue S. 89054' S8''W., along said line 838.64 feet to the northwest comer of the northeast 10i of the southeast ~ of said Section, 20; thence S. 00000' 16"W., along the west line of said northeast ~ of the southeast ~, 1221. 50 feet; thence leaving said lineS. 89050' 51"\'1., 370.01 feet; thence N.00oOO'16"E., 635.80 feet to a point of curve; thence along the arc of a curve to the right, radius 950.00 feet, arc 1361.59 feet, chord N.4l003'51"E., 1248.01 feet to a point of reverse curve; thence along the arc of a curve to the left, radius 1050.00 feet, arc 170.34 feet, chord N.7]028'3S"E., 170.16 feet to a point on curve; thence leaving said curve S.19021' 16"E., 240.76 feet to a point of curve; thence along th~ arc of a curve to the left, radius 290.00 feet, arc 222.05 feet, chord S.41017'23"E.,. 216.67 feet to the point of beginning. Containing 14.889 aCT~5 more or less. AND The north one-half (~) of the N.E. ~ of the S.E.~ and the north three-fourths (3/4) of the south one-half (~) of the N.E. ~ of the S.E. ~ of Section 20, TO\m5hip 28 South, Range 16 East, Pine11as County, Florida. Contain- ing 35.87 acres, more or less. - 1 - /4,c j 2 . ~ ~ r ' ~ - 1'10/78 Countryside High School - Proposed Land Trade The NW 1/4 of the NW 1/4 less the North 81 feet 'and less the Right-of-Way of McMullen-Booth Road of Section 28, Township 28 South, Range 16 East, and the SW 1/4 of the NW 1/4 North of S.R. 580 of Section 28, Township 28 South, Range 16 East; further described as follows, to wit: Start at the NW corner of Section 28, Township 28 South, Range 16 East, and run S 00010'43" W, 81.15 ft. for the P.O.B., thence run S 89033'14" E, 1246.80 ft. to the West right-of-way line of McMullen-Booth Road (C.R. 31); thence run S 00018'10" W, 1215.37 feet; thence run S 450,38' 02" W, 58.30 feet; thence run S 89033'49" E,56.58 feet; thence run S 45027'10" W, 1635.66 feet; thence along a curve to the right having a radius of 411.46 .feet, an arc of 121.38 feet and a chord bearing of S 53046'59" W, 120.96 feet; thence run N 00010'43" E, 2484.94 feet to the P.O.B. Containing 54 'acres M.O.L. ~ / " ,- / " """"--<-?/"_4'/",,,,, ; , '- I '-<:" .... ..._:...,:> l.C ,./ Nor'inan J. Se~e . Bieht-of- Way Aq:ent City of Clearwa er. Florida .Ale f 7 I I CLOSING STATEMENT In accordance with the Memorandum of Understanding executed on January 11, 197,8, by the Pinellas County School Board through its Chairman and by its Superintendent of Schools and by the City Manager of the City of Clearwater, Florida, on January 10, 1978, which Memorandum was approved by the City Commission of the City of Clearwater at a meeting of the Commission held January 16, 1978, regarding sale of land described in Appendix A and Appendix B attached hereto: Value Land of the City of Clearwater, Florida A ppendix A $ 936,000.00 sold this date to the Pinellas County School Board for the sum of 936,000.00 Land of Pinellas County School Board Appendix B 760,000.00 sold this date to the City of Clearwater, Florida, for the sum of 760,000.00 Credits to the City of Clearwater 1. Value of Consideration 2. Receipt of Deed 760,000.00 Credits to Pinellas County School Board 1. Value of Consideration 2. Receipt of Deed 936,000.00 Balance Due Pinellas County School Board -0- Balance Due City of Clearwater -0- Receipt of deeds and drafts to the above referenced tracts is hereby acknowledged. Pinellas County School Board Representative Title City of Clearwater Repre sentative Title Dated: r' ',,,,,,j,;~_",,,m",,,,,,..........J...............,........,.._...,........",,,.t..~..........,.._,.._,.._,,,, ~ ~ i GUARANTEE OF TITLE (OWNER) i [jj] [jj] [jj] I i Lawyers' Title Guaranty Fund i [jj] [jj] I Qualified with and supervised by the Insurance Commissioner of Florida I [jj] [jj] [jj] [jj] [jj] ORLANDO, FLORIDA [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] OPINION ON TITLE [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] The Attorney, who signed Schedule A and who is a member of LAWYERS' TITLE GUARANTY FUND, [jj] [jj] [jj] [jj] hereby renders to the insured named in Schedule A this opinion and advises that the estate or interest of the [jj] [jj] [jj] [jj] insured in the real estate described in Schedule A is the estate or interest specified therein and is free of all l!i] [jj] [jj] [jj] encumbrances, liens and other objections, except those shown in Schedule B, and those stated in the ~ [jj] . [jj] [jj] Exclusions from Coverage. [jj] [jj] [jj] [jj] [jj] I GUARANTEE OF TITLE I [jj] [jj] [jj] [jj] i SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B I i AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, LAWYERS' TITLE I I GUARANTY FUND, a business trust, herein called The Fund, insures, as of Effective Date of guarantee i i shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, I I and costs, attorneys' fees and expenses which The Fund may become obligated to pay hereunder, sustained or i I incurred by the insured by reason of: I [jj] [jj] [jj] [jj] I 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; I [jj] [jj] [jj] [jj] I 2. Any defect in or lien or encumbrance on such title; or I [jj] [jj] [jj] [jj] I 3. Lack of a right of access to and from the land. I [jj] [jj] [jj] [jj] I In Witness Whereof, LAWYERS' TITLE GUARANTY FUND has caused this guarantee to be signed and I I sealed in its name by its President and Executive Secretary, by direction of its Board of Trustees, to become I I binding when countersigned by a member of The Fund. I [jj] [jj] [jj] [jj] [jj] ~ [jj] [jj] [jj] ~ [jj] [jj] [jj] [jj] [jj] Lawyers' Title Guaranty Fund [jj] [jj] [jj] I ByI2af8.~ I I Paul B. Comstock I I President and Executive Secretary I [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] ~ SERIAL [jj] [jj] [jj] [jj] [jj] I ()(;- N~ 775107 I ~ [jj] [jj] [jj] [jj] [jj] [jj] [jj] ~ ~ ~~][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj]~[jj][jj]1!:!jf[jj][jj]~[jj]igjKrgJ!J[jj]1!J:;;:'!!J1!Jcg:g;!!]@[gg:l!!K:'!i:jjj:1!l:gl!iJ[jj]1!J[jj][jj][jj][jj][jj]r!j][jj][jj][jj][jj][jj][jj][jj][jj][jj]I1~[jj][jj]ii!ll1!J[jj][jj]~[jj][!j][jj][jj][jj][jj][jj][jj][jj][jj]I}lO~ FUND Form OG (Rev, 1/77) (8/77-FP 10M) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this guarantee: 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 appears in the public records at Effective Date of guarantee. 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 Fund and not shown by the public records but known to the insured claimant either at Effective Date of guarantee or at the date such claimant acquired an estate or interest insured by this guarantee and not disclosed in writing by the insured claimant to The Fund 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 Effective Date of guarantee; 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 guarantee. 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 I '. I FUND OWNER'S FORM I SCHEDULE A Policy or Guarantee No.: OG-775107 Effective Date: June 14, 1978 at 2:32 P.M. Member's File Reference: Sch. Bd. to City of Clearwater (Countryside) Amount of Insurance: $ 535,000.00 1. Name of Insured: CITY OF CLEARWATER, FLORIDA, a Municipal Corporation 2. The estate or interest in the land described herein and which is covered by this policy or guarantee is a fee simple (if other, specify same) and is at the effective date hereof vested in the named insured as shown by instrument recorded in Official Records Book 4709 , Page 1177 , of the Public Records of Pinellas County, Florida. 3. The land referred to in this policy or guarantee is described as follows: North 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 20, Township 28, Range 16 E, Public Records of Pinellas County, Florida; and North 3/4 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 20, Township 28, Range 16E, Public Records of Pinellas County, Florida. ISSUED BY (Attorney or Firm of Attorneys) 4754 MEMBER NO. /Q tV , /// ~. c;&a-n~( . .~ B. EDWIN JOHNSON Post Office Box 4688 (Mailing Address) Clearwater (City) , Florida, 33518 (Zip) FUND Form OG/OP/OPM-SCH. A (Rev. 1177) (1/78--FP 8M) '. . J FUND OWNER'S FORM I SCHEDULE B Policy or Guarantee No.: OG-775107 This policy or guarantee does not insure against loss or damage by reason of the following exceptions: 1. ~~)fiiKXW<~~XO<<X~XMYe'tID<fKltK~)@){~~~~KrtK. ~~~a)tK~~~~p<~~~W.m<~rex~ *1~dOAK~X}U(Kg<~){:9<)t){cX~ltbJiX~tOO< p. e r' Rights or claims of parties in possession not shown by the public records. 2. 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Easements or claims of easements not shown by the public records. 5. 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. FUND Form OG/OP/OPM-SCH. B (Rev. 1/77) (1/78-FP 8M) ~ '.--......-......-.......---.._r .________ :- ,. I CONDITIONS AND STIPULATIONS I 1. Definition of Terms The following terms when used in this guarantee mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses The Fund may have had against the named insured, those who succeed to the interest of such insured by operation oflaw 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 hereunder. (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 Schedule 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 guarantee. (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 guarantee shall continue in force as of Effective Date of guarantee 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 convenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this guarantee 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 Fund, 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, encumbrance, or other matter insured against by this guarantee. (b) The insured shall notify The Fund 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 Fund may be liable by virtue of this guarantee. If such prompt notice shall not be given to The Fund, then as to such insured all liability of The Fund shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this guarantee unless The Fund shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Fund 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 Fund may take any appropriate action under the terms of this guarantee, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this guarantee. (d) Whenever The Fund shall have brought any action or interposed a defense as required or permitted by the provisions of this guarantee, The Fund may pursue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right in its sole discretion, to appeal from any adverse judgment or order. (e) In all cases where this guarantee permits or requires The Fund to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to The Fund the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit The Fund to use, at its option, the name of such insured for such purpose. Whenever requested by The Fund, such insured shall give The Fund 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 Fund shall reimburse such insured for any expense so incurred. 4. Notice of loss - limitation 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 Fund is liable under this guarantee shall be furnished to The Fund 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 Fund under this guarantee as to such loss or damage. 5. Options To Payor Otherwise Settle Claims The Fund 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 Fund hereunder by paying or tendering payment of the amount of insurance under this guarantee together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment, by the insured claimant and authorized by The Fund. 6. Determination and Payment of loss (a) The liability of The Fund under this guarantee 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 Fund will pay, in addition to any loss insured against by this guarantee, all costs imposed upon an insured in litigation carried on by The Fund for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of The Fund. (c) When liability has been definitely fixed in accordance with the conditions of this guarantee, the loss or damage shall be payable within 30 days thereafter. 7. limitation of liability No claim shall arise or be maintainable under this guarantee (a) if The Fund, 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 therefrom, 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 Fund. 8. Reduction of liability All payments under this guarantee, 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 guarantee for endorsement of such payment unless the guarantee be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of The Fund. 9. liability Noncumulative It is expressly understood that the amount of insurance under this guarantee shall be reduced by any amount The Fund may pay under any guarantee 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 CONDITIONS AND STIPULATIONS (continued on reverse side) CONDITIONS AND STIPULATIONS (continued) guarantee, 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 a payment under this guarantee. The Fund shall have the option to apply to the payment of any such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this guarantee and the amount so paid shall be deemed a payment under this guarantee 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 guarantee was divided pro rata as to the value on Effective Date of guarantee of each separate parcel to the whole, exclusive of any improvements made subsequent to Effective Date of guarantee, unless a liability or value has otherwise been agreed upon as to each such parcel by The Fund and the insured at the time of the issuance of this guarantee and shown by an express statement herein or by an endorsement attached hereto. 11. Subrogation Upon Payment or Settlement Whenever The Fund shall have settled a claim under this guarantee, all right of subrogation shall vest in The Fund unaffected by any act of the insured claimant. The Fund 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 guarantee not been issued, and if requested by The Fund, such insured claimant shall transfer to The Fund all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit The Fund 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 Fund 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 guarantee, but The Fund, 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 Fund by reason of the impairment of the right of subrogation. 12. Liability Limited to This Guarantee This instrument together with all endorsements and other instruments, if any, attached hereto by The Fund is the entire guarantee and contract between the insured and The Fund. 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 guarantee. No amendment of or endorsement to this guarantee can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, or member of Lawyers' Title Guaranty Fund. 13. Notices, Where Sent All notices required to be given The Fund and any statement in writing required to be furnished The Fund shall be addressed to its principal office at 32 West Gore Street, Post Office Box 2671, Orlando, Florida 32802. ~1~1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I~1l!I1l!I1l!I1l!I1l!I1l!I~1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I~1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1~ll!Imi1!Ji1!JIl!Ii1!JIl!IIl!Ii1!Ji1!Ji1!Ji1!JIl!Ii1!Ji1!JIl!IIl!Ii1!Ji1!Ji1!Ji1!Ji1!Ji1!JIl!Ii1!JIl!II~ ~ ' ~ Il!I ~ Il!I Il!I Il!I Il!I .. Il!I I!!J 0 ~ ...' Il!I Il!I '"r1 jooI f'I~ Il!I Il!I O::l 0 f'I~ .... Il!I Il!I ::0(") ~ .... ~ '" Il!I Il!I t"'~ ~ ~ < ~~ Il!I Il!I >> :> ~.~ -......l 1""'4 Il!I Il!I ......, Z '"'" 0 '-I Il!I Il!I Ow ~ ('C - I-i > Il!I Il!I ON t:I I-" ~ ~ I-f ~ Il!I Il!I ':::El P ........ '~ ..., I-i a. > rll! Il!I ":I' rr rn '" t'"' t1!J Il!I _,..., '!1 ~... tTj _ 2: Il!I Il!I . . 1.<' r< '"'" _ ~.~ Il!I Il!I 00 0 - I-i Il!I Il!I ::o~ ~ ~ ~ - tTj Il!I Il!I - t:l1-< - Il!I Il!I t:I C/) ,.. ~.~ Il!I Il!I >;J :> jooI 1-1- Il!I Il!I tT1 = ~ Il!I I gj (D ~ ~ ~ Il!I ~ Il!I ~ ~ ~1]~I1!IIW~I1!II1!II1!II1!I~Il!IIl!II1!IIl!II1!II1!II1!II1!II1!I~Il!II1!II1!IIl!IIl!IIl!IIIl!II1!IIl!IIl!IIl!IIl!IIl!IIl!IIl!II1!II1!IIl!II1!II1!II1!II1!Ii1!JIl!IIl!I[!j'1!:i1!il!J1!:[gj1lIi1!:11!i1l!l11!111!I1l!I11l!I11!I1l!I1l!I1l!I11!I~1l!I11!I11!I11!I11!I11!I11!I~11!I11!I11!I[gj11!l11!l11!l1l!l11!1~ , , .. ~., . '" - "',.?' r':..""".;.""""""""'''''''''''''.....L--_..._......_,,,,a,,,,'''''...,..,....._.,..,..,..''', Ii GUARANTEE OF TITLE (OWNER) Ii ~ ~ ~ ~ I Lawyers' Title Guaranty Fund I ~ ~ ~ Qualified with and supervised by the Insurance Commissioner 01 Florida ~ ~ ~ ~ ~ Ii ORLANDO, FLORIDA Ii ~ ~ ~ Ii ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ OPINION ON TITLE ~ ~ ~ ~ ~ ~ ~ ~ The Attorney, who signed Schedule A and who is a member of LAWYERS' TITLE GUARANTY FUND, ~ ~ ~ ~ hereby renders to the insured named in Schedule A this opinion and advises that the estate or interest of the ~ ~ ~ ~ insured in the real estate described in Schedule A is the estate or interest specified therein and is free of all ~ ~ ~ ~ encumbrances, liens and other objections, except those shown in Schedule B, and those stated in the ~ ~ ~ ~ Exclusions from Coverage. ~ ~ ~ ~ ~ Ii GUARANTEE OF TITLE Ii ~ ~ ~ ~ Ii SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B Ii Ii AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, LAWYERS' TITLE Ii Ii GUARANTY FUND, a business trust, herein called The Food, insures, as of Effective Date of guarantee Ii Ii shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, Ii Ii and costs, attorneys' fees and expenses which The Food may become obligated to pay hereunder, sustained or Ii Ii incurred by the insured by reason of: Ii! ~ ~ ~ ~ Ii! 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; I ~ ~ ~ ~ Ii 2. Any defect in or lien or encumbrance on such title; or Ii! ~ ~ ~ ~ Ii! 3. Lack of a right of access to and from the land. Ii! ~ ~ ~ ~ Ii! In Witness Whereof, LAWYERS' TITLE GUARANTY FUND has caused this guarantee to be signed and Ii! Ii! sealed in its name by its President and Executive Secretary, by direction of its Board of Trustees, to become Ii! Ii! binding when countersigned by a member of The Fund. i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Lawyers' Title Guaranty Fund ~ ~ ~ i /') /? /'.--.~L i E By /::;!fuf ~. UTN~ ~ ~ ~ ~ Paul B. Comstock ~ i President and Executive Secretary ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ SERIAL ~ ~ ~ ~ ~ ~ ~ i ()(i- N~ 775108 i ~ ~ ~ ~ ~ ~ @ ~ ~ fjj] l..]r<",..""--"''',.....''''''".,.-_,..'''''__'"~"''''~ll<".=''''_._.._]"_"".''''~"...m,..,..'''''''''''''''''JC''''~ FUND Form OG (Rev. 1/77) (8/77-FP 10M) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this guarantee: 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 appears in the public records at Effective Date of guarantee. 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 Fund and not shown by the public records but known to the insured claimant either at Effective Date of guarantee or at the date such claimant acquired an estate or interest insured by tIllS guarantee and not disclosed in writing by the insured claimant to The Fund 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 Effective Date of guarantee; 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 guarantee. 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 I ( ~.- -" I FUND OWNER'S FORM I SCHEDULE A Policy or Guarantee No.: OG-775108 Effective Date: June 14, 1978 at 2:32 P.M. Member's File Reference: Sch. Bd. to City of Clearwater (Countryside) Amount of Insurance: $ 225,000.00 1. Name of Insured: CITY OF CLEARWATER, FLORIDA, a Municipal Corporation 2. The estate or interest in the land described herein and which is covered by this policy or guarantee is a fee simple (if other, specify same) and is at the effective date hereof vested in the named insured as shown by instrument recorded in Official Records Book 4709 , Page 1177 , of the Public Records of Pinellas County, Florida. 3. The land referred to in this policy or guarantee is described as follows: From the East 1/4 corner of Section 20, Township 28 South, Range 16 East as a Point of Reference; thence South 89054158" West, along the East-West Centerline of said section, 495.47 feet to the Point of Beginning. Thence continue South 8905415811 West, along said line 838.64 feet to the Northwest corner of the Northeast 1/4 of the Southeast 1/4 of said Section 20; thence South 00000'16" West, along the West line of said Northeast 1/4 of the Southeast 1/4,1221.50 feet; thence leaving said line South 89050151" West, 370.01 feet; thence North 00000'16" East, 635.80 feet to a Point of Curve; thence along the arc of a curve to the right, radius 950.00 feet, arc 1361.59 feet, chord North 41003151" East, 1248.01 feet to a Point of Reverse Curve; thence along the arc of a curve to the left, radius 1050.00 feet, arc 170.34 feet, chord North 7702813511 East, 170.16 feet to a Point on Curve; thence leaving said curve South 190 2111611 East, 240.76 feet to a Point of Curve; thence along the arc of a curve to the left radius 290.00 feet, arc 222.05 feet, chord South 41017123" East, 216.67 feet to the Point of Beginning, Pinellas County, Florida. ISSUED BY B. Edwin Johnson 4754 ;S!?~( (Attorney or Firm of Attorneys) MEMBER NO. ATTORNEY- Post Office Box 4688 (Mailing Address) Clearwater (City) , Florida, 33518 (Zip) FUND Form OG/OP/OPM-SCH. A (Rev. 1/77) (l/78--FP 8M) ~_ I ," ".'~ ....' I FUND OWNER'S FORM I SCHEDULE B Policy or Guarantee No.: OG-775108 This policy or guarantee does not insure against loss or damage by reason of the following exceptions: 1. ~X~~KXOOK~I(I)tXOOX1beX~:Jd)(e<)dX~XOOXtbi9(~~JU(~XOOXlX~~XotXspelltiXb<~\lSXOO.KOGx~m<XIeXKoo. ~)QlOeXlSlOt~iius<k)otklX)p>>)Qbl<xXetXlxOO< f3. . '-,j' Rights or claims of parties in possession not shown by the public records. 2. 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Easements or claims of easements not shown by the public records. 5. 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. 6. Subject to the restriction that no buildings shall be constructed within (150) one hundred fifty feet of the Landmark Drive right-of-way and with no construction of any type other than landscaping within (75) seventy-five feet of that right-of-way. No driveway access to Landmark Drive shall be permitted from this property. FUND Form OG/OP/OPM-SCH. B (Rev. 1/77) (1/78-FP 8M) ~ . "~-... ,"- ""-'---~'" 1. Definition of Terms I CONDITIONS AND STIPULATIONS I The following terms when used in this guarantee mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses The Fund 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 hereunder. (c) "knowledge": actual knowledge, not constructive knowledge or notice which maybe imputed to an insured by reason of any public records. (d) "land": the land described, specifically or by reference in Schedule 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 guarantee. (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 guarantee shall continue in force as of Effective Date of guarantee in favor of an insured so long as such insured retains art 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 convenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this guarantee 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 Fund, 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, encumbrance, or other matter insured against by this guarantee. (b) The insured shall notify The Fund 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 Fund may be liable by virtue of this guarantee. If such prompt notice shall not be given to The Fund, then as to such insured all liability of The Fund shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this guarantee unless The Fund shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Fund 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 Fund may take any appropriate action under the terms of this guarantee, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this guarantee. (d) Whenever The Fund shall have brought any action or interposed a defense as required or permitted by the provisions of this guarantee, The Fund may pursue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right in its sole .----- ~:=--~~- ...."-;~, It discretion, to appeal from any adverse judgment or order. (e) In all cases where this guarantee permits or requires The Fund to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to The Fund the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit The Fund to use, at its option, the name of such insured for such purpose. Whenever requested by The Fund, such insured shall give The Fund 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 Fund shall reimburse such insured for any expense so incurred. 4. Notice of Loss - Limitation 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 Fund is liable under this guarantee shall be furnished to The Fund 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 Fund under this guarantee as to such loss or damage. 5. Options To Payor Otherwise Settle Claims The Fund 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 Fund hereunder by paying or tendering payment of the amount of insurance under this guarantee together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment, by the insured claimant and authorized by The Fund. 6. Determination and Payment of Loss (a) The liability of The Fund under this guarantee 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 Fund will pay, in addition to any loss insured against by this guarantee, all costs imposed upon an insured in litigation carried on by The Fund for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of The Fund. (c) When liability has been definitely fixed in accordance with the conditions of this guarantee, the loss or damage shall be payable within 30 days thereafter. 7. Limitation of Liability No claim shall arise or be maintainable under this guarantee (a) if The Fund, 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 therefrom, 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 Fund. 8. Reduction of Liability All payments under this guarantee, 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 guarantee for endorsement of such payment unless the guarantee be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of The Fund. 9. Liability Noncumulative It is expressly understood that the amount of insurance under this guarantee shall be reduced by any amount The Fund may pay under any guarantee 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 CONDITIONS AND STIPULATIONS (continued on reverse side) CONDITIONS AND STIPULATIONS (continued) guarantee, 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 a payment under this guarantee. The Fund shall have the option to apply to the payment of any such mortgages any amount. that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this guarantee and the amount so paid shall be deemed a payment under this guarantee 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 guarantee was divided pro rata as to the value on Effective Date of guarantee of each separate parcel to the whole, exclusive of any improvements made subsequent to Effective Date of guarantee, unless a liability or value has otherwise been agreed upon as to each such parcel by The Fund and the insured at the time of the issuance of this guarantee and shown by an express statement herein or by an endorsement attached hereto. 11. Subrogation Upon Payment or Settlement Whenever The Fund shall have settled a claim under this guarantee, all right of subrogation shall vest in The Fund unaffected by any act of the insured claimant. The Fund 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 guarantee not been issued, and if requested by The Fund, such insured claimant shall transfer to The Fund all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit The Fund 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 Fund 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 guarantee, but The Fund, 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 Fund by reason of the impairment of the right of subrogation. 12. Liability Limited to This Guarantee This instrument together with all endorsements and other instruments, if any, attached hereto by The Fund is the entire guarantee and contract between the insured and The Fund. 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 guarantee. No amendment of or endorsement to this guarantee can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, or member of Lawyers' Title Guaranty Fund. 13. Notices, Where Sent All notices required to be given The Fund and any statement in writing required to be furnished The Fund shall be addressed to its principal office at 32 West Gore Street, Post Office Box 2671, Orlando, Florida 32802. rt:g]:g]:g]:g]:g]:g][jj][jj]:g]:g]:g]:g]:g][jj]:g]:g]:g]:g]:g]:g]:g]:g]:g]:g]:g]:g][jj][jj][jj][jj][jj][jj]~iJjJ[jj][jj]~[jj][jj][jj][jj]Il!I[jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj]l:g][jj]m[jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][~ ~ ~ [jj] ~ [jj] [jj] [jj] [jj] 0 IooooIl [jj] [jj] ~ ~' [jj] [jj] "'1 ~ f'\~ [jj] l!!I O:!l 0 f'\~ ~ [jj] [jj] ~(') :;d ~ ~ ,... [jj] [jj] t"'~ ~ ~ ~ ~~ [jj] [jj] )/> :> g,'~ ~ - c::: [jj] [jj] ,."., Z '-l 0 [jj] [jj] 0"" = (D I-i > [jj] [jj] ON 0 ~ <! - ~ [jj] [jj] <'l 9'~ <i ~ 0 [jj] l!!I ~:<:; M-- 00 ~ ., .... > [jj] [jj] ....1'"\ 'Ij ~... tr:I t: ~ [jj] [jj] . - '<' I:'" '-l I-PI ~.~ [jj] [jj] 00 0 _ I-i [jj] Il!I ~g; :;d ~ I.-..::l - tr:I [jj] [jj] 6 VJ S ' .A.j I"""":l tr:I [jj] fll! )/ ~ :> = ~. fll! [jj] tT1 M-- [jj] [jj] gj = ~ [jj] [jj] ~ (D [jj] [jj] ~ [jj] [jj] [jj] ~ a ~'I[jj]i81trJ[jj]Il!I[jj]~[jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj]Ijj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj]~~~~:g:K:g:~:g::g:[jj][jj][jj]Jj[jj][jj]I[jj][jj][jj][jj][jj][jj]~[jj][jj]~[jj]!lii[jj]fllJ[jj][jj][g;2!J[jj][jj][jj]ll!o~ . .