ROY & ESTHER PENNINGTON
WA~t.lTYbEED
I
I.
74097133
of the County of Pinellas and State of Florida
parties of the first part, and CITY OF CLEARWATER, FLORIDA, a municipal
whose mailing address is corporation
PO Box 4748, Clearwater
of the County of Pinellas and State of Florida 33518
party of the second part, Uilntsseth, that the said part ies of the first part. for and
in consideration of the sum of--------Ten---------------------Dollars. and other good
and valuable considerations to them in hand paid. the receipt whereof is hereby acknowl-
edged, ha ve granted, bargained. sold and conveyed. and by these preunts do .grant. bar-
gain, sell, convey and confirm unto the said party of the second port and its s cce~~s
and assigns forever, all that certain parcel of land lying and being ill the County of Pinellas
and State of Florida J more particularly described as follows:
Lots 10, 11, 12 and 13, Block 4, Lake BelleviewAddition
as recorded in Plat Book 9, page 141 of the Public Records
of Pinellas County, Florida.
(V')
lI'l r-
"",..
-'f- -.:r
-'%
, w:>
20
;;::u -.:r
'<':I"
/;.~
c:-'------,J"\ r) n r II M r NT A RY :::
. , ' , .
STATE OF FLORIDAI
DOCUMENTARY .;:~;, STAMP TAXI
~EPT. OF REVENUE' . ....~~ I
~ PB, = JU1I7'74 '=: 6 0.0 0 I
=:10534 J
01;'1 I juLi ,'ii, I "'~i \== L {::, U 0 : -~
Uf P.1i. 1_
2EHHU! 11047=
0:>
=
Jr -J:- ~
::::::; -.""'1 z
:Ij ~
- ~,
._ l'"", 1'" ;:;
...., ::;;""""'-11 -.,.
:: ~ ;J::,~
~ ,,", ~ :'.:::
.. i~ :;..,~
-:: ?~J ..:
.&:
Together with all the tenements, hereditaments and appurtenan('ps, with every p!iD1'[ege, righ..t,;
title, interest and estate, dower and right of dower, reversion, remainder and easefnentthefeto:
belonging or in anywise appertaining: To ilaue and to Mold thp same in fee simple forever.
And the said parties of the first part do COV('llQnt with the said party of the
second part that they are lawfully seized of the said premises. that they are free from
all encumbrances and that they have good right and law-
ful authority to sell the same; and the said parties of the first flart do hereby fully warrant
the title to said land, and will defend the same against the lawful claims of all persons whomsoever.
Signed, sealed and delivered in our presence:
., ~.~...
,..;> r~:
..., ..." i':
~" ,.::
....:l><
OQP
~~
~ ,t:-
E-< 0 <1
>-< .
Uc.;~
p:
<1
J;l.
~f-
--c.
)n ltIJitness Uhereof, the said parties of lhefirslpart have
hereunto set their
hands
and seal s
the day and year above written.
nnnnt14~:JZ~:~4-'--m .
Roy Pennington '
c&~~,~~;~:
_n_.__ n_ .~L-':d-._;,- ~;.;;-"'. ... 'b---"'-- '____, , __'_.____.._.__n_______________________._____~___________________________ .
This Im!rumen! prep, ''Cd by: ..
This instrument was prepared by:
HERBERT M. BROWN, ~:::v A.::orney
City of Clearwater, P. O. Eu:,;, 7 :i3
Clearwater, Flol'ida 3;);j16
Address
/2 -f);1) ('I))
-----~___T n-T--
I
I
CLOSING STATEMENT
Clearwater, Florida
July 12, 1974
Seller: Roy Pennington and Esther Pennington, his wife
Purchaser: City of Clearwater, Florida
Property Description: Lots 10 thru 13, Block 4, Lake Belleview Addition
Credits to Seller:
Sales Price
Credits to Purchaser:
Earnest money deposit
Pro rata share of real
estate taxes as credit
Promissory Note
Pay- off Mortgage to
1st Federal Savings &
Loan Assoc.
Cash to close
Purchaser's Expenses:
Documentary Stamps on Deed:
State $60. 00
sur-tax 22.00
Recording Deed
Documentary Stamps on Note
Title Insurance - Chelsea Title
$20,000.00
$ 2,000.00
95.54
16,000.00
1,502.07
402.39
$20,000.00
$20,000.00
$82.00
6.00
24.00
175.00
$287.00
'"
'~
I
I
'PROMISSORY NOTE
$16,000.00
Clearwater, Florida
July, 12 , 1974
Ninety (90) days from date hereof, CITY OF CLEARWATER, FLORIDA,
a municipal corporation, does hereby promise to pay to the order of ROY
PENNINGTON and ESTHER PENNINGTON, hi. wife, at such place as the payees
may designate, the princlpal sum of Sixteen Thousand Dollars ($16,000.00),
plu8 interest thereon at the rate of five per cent (5lfo) per annum, from date to
the date of maturity.
All or any part of the principal of this obligation may be prepaid without
penalty and with intereat to date of payment only.
This note representa the balance due on account of the purchase of
land from the payees.
Now should it become neceaaary to collect this note through an attorney,
the City of Clearwater hereby agreea to pay all coate of such collection,
including a reaaonable attorney's fee.
CITY OF CLEARWATER, FLORIDA
Countersigned.
By / s / Picot B. Floyd
City Manager
/ s/ H. Everett Hougen
Mayor-Commissioner
Atteelf
Approved as to form & correctness:
/s/ R. G. Whitehead
City Clerk
I sl Herbert M. Brown
City Attorney
I
I
~.
, ~t
.:"'"
I
:"If "",~-,.. -.,-' . --: -. .... -' ._..,.
, . \
',~,^,-,,/
FIRST FEDERAL SAVINGS & LOAN ASSOCIATION
of Clearwater
P,O, DRAWER 1079
CLEARWATER, FLORIDA 33517
PHONE 441-4781
FIRST MORTGAGE LOAN PAYOFF COMPUTATION
Date ___7~~__~_~~_______
.- r.~ .,..)
ldortgage Loan ~urnber __2~~________________
'-:':l ,''.: :.1:1 ;..... ':r': C '1
ldortgagor ~arne ________________________________________________________
Property Address or",. ~ '" _ "\ ":'
Legal Description ______'__:.:___...:-...:.:.._:___:....______________________________ ----
Balance __~~_~~2~________ $------2~-~~-=---.'~~'-------
(date)
L_
Interest Due
_______~~_____ ~ ~~~_~=~~$----------:~~~~2~------
(no, of days) (rate)
Escrow Balance Adjustrnent $------------------------
Late Charge(s) Due
$------------------------
,.--
Prepaym.ent Penalty
$------------------------
$------------------------
TOTAL AMOUNT DUE
$----~~~~~-~~~-~~------~-
l' ;' - ': ~-.; ~ /
Payoff Amount good through -----~~------------~------------------------
C (date)
Payoff payments received after the above date will be subject to additional
interest charges at the rate of $_____'~_~________________________ per diem,
Prepared by: ____~__~_______________ Checked by: -----------------------
Payoff Figure Furnished to:
( - .
,
-----------------------------------------------------
(name)
,-
. -,
(street address)
_- "J ~' 'L' ~~ (
(city, state & zip)
Phone _______~__________~___________ EKt, ----------
REMARKS: __ - ----------------- ----------- - ---- -------- -----------------
e . 7
CUSTOMER COPY
I
. ~j
I ~" .,..."
. gh
~ C"heIsea
~itle an-d
HOME OFFICE, ATLANTIC CITY, N. J.
INTERIM TITLE INSURANCE BINDER
'Guaranty' Company
File No. 25,735
NO.2161248
TO:
CITY OF CLEARWATER
DATE June 12, 1974
At 5:00 P.M.
Pursuant to applicatiQ~ for Title'insurance on lands and premises described in Schedule "A" hereof,
we beg to advise that as of the date of this binder we will cause to be issued our Owner's
.... - . (Owners. leasehold and/or mortgagee's)
Policy af Title ftisurance in an amount not exceeding $20,000.00 in its customary form
Insunng:
CITY OF CLEARWATER
subject only to such conditions and stipulations of the Policy and the exceptions
and requirements as appear in Schedules "B" and "C" hereof which will appear as exceptions in Schedule
"B" in the Policy unless removed. At the date of this binder the title to said property was vested of record in:
ROY W. PENNINGTON and ESTHER PENNINGTON. his wife
SCHEDULE "A"
Legal description of the real estate referred to in this Binder:
Lots 11, 12 and 13, Block 4, LAKE BELLEVIEW ADDITION, according to the map or
plat thereof as recorded in Plat Book 9, page 141, of the Public Records of
Pinellas County, Florida.
SCHEDULE "8"
Requirements to be complied with before Policy of Title Insurance will be issued without exception
therem: Item 1: Proper disbursement of consideration for the estate of interest
to be insured.
Item 12 Proper documents creating Or affecting, the estate or interest to be insured which must be
executed and duly filed for record, to-wit:
(a)
Warranty Deed describing property as in Schedule "A" herein to be executed
by Roy W. Pennington and Esther Pennington, his wife in favor of City of
Clearwater.
Satisfaction of that certain Mortgage executed by Roy W. Pennington and Esther
Pennington, his wife in favor of First Federal Savings and Loan Association of
Clearwater, dated June 11, 1962, filed June 11, 1962 in O.R. Book 1445, page
709 in the amount of $2,700.00. Loan No. 6907-F. .~....
Satisfaction of that certain Mortgage executed by Roy W. Pennington and Esther
Pennington, his wife in favor of First Federal Savings and Loan Association of
Clearwater, dated February 23, 1970, filed March 2, 1970 in O.R. Book 3279, page
520 in the amount of $2,300.ieHEDULE "c" Loan No. 1-6907.
,l\. ' vK.... )( (b)
Q i)' ,
.,'i
/1(!f; (e)
G
_.....~~--,.-
Exceptions to be recited in Title Insurance Policy when issued:
1. Righu or claims of parties other than the Insured in actual possession of any or all of the property.
2. Any variation in location of lines or dimensions. deficiency in quantity of ground, or any state of fact which an acceptable survey would disclose,
or which are visible or are known to the insured.
3. Rights of way and easements over. across, above or below the surface of the land not disclosed of record or arising by necessity or implication.
4. Possible unfiled mechanics' and materialmen.s liens.
5. All assessments and taxes fnr tbe year 19......1.4..........and all subsequent years.
6. Liability for municipal improvemeots made or authorized but not assessed.
7. ~~JE~~~~~~~~~~JGJC~/DIiHXXK:pliK~
8. Title to furniture, furnishing, fixtures and equipment, whether attached or
unattached to the real estate, is neither guaranteed nor insured under the
terms of this binder. Title to mobile or modular homes is neither guaranteed
nor insured under the terms of this binder.
I '", '"j)
it{/
Ll
!L.f.J!,c.tt
! ~ /- /
I . J
//:
1/ .;: ..
~~....
:7
1 .'1 r,
!~~->'~
./
'--
FORM 70
:~-;- L-~
.......
.. ~ j'"' ~-
.
,
I
/
AGREEMENT FOR PURCHASE
AND SALE OF REAL EST A TE
THIS AGREEMENT, made and entered into this
12-~ day of
, A. D. 1974, by and between ROY PENNINGTON and ESTHER
PE
his wife, hereinafter referred to as Seller, and the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred
to as Purchaser;
WITNESSETH:
That in consideration of the payments and covenants herein provided,
and other good and valuable considerations, Seller agrees to sell and Purchaser
agrees to buy the following described real estate situate in Pinellas County,
Florida, to wit:
Lots 10, 11, 12 and 13, Block 4, Lake Belleview Addition
as recorded in Plat Book 9, page 141 of the Public Records
of Pinellas County, Florida; also known as 1365 pomelo
Avenue, Clearwater, Florida.
The total purchase price for said property shall be the sum of
Twenty Thousand Dollars ($20,000.00), payable at the times and in the manner
following:
$2,000. 00 cash to be paid upon execution of this agreement, receipt
of which is hereby acknowledged; $16,000.00 by note of Purchaser payable
ninety (90) days after date thereof, with interest at five per cent (5%) per
annum (Purchaser to pay documentary stamps on note); and the balance
of $2, 000. 00 upon closing, which shall be on or before July 19, 1974.
IN CONSIDERATION WHEREOF, Seller agrees to convey said property
to said Purchaser by good and sufficient Warranty Deed, with a fee simple,
marketable title, free and clear of all encumbrances of record.
Purchaser shall, at its own expense, obtain title insurance, certified
to the dateof this Agreement or later, evidencing a good record unencumbered
title. Purchaser shall have fifteen (15) days after delivery of such title
insurance commitment for examination and acceptance thereof and/ or to
-1...
:"-,~ ':.- :-.--
,
I
notify Seller, in writing, of any objections to said title. If no notification is
received by Seller within said time, then said title shall be conclusively
deemed to be acceptable to Purchaser, In the event Seller's title is not
good and marketable of record, they shall have a reasonable time thereafter
to perfect same, and if such defects are not cured within such reasonable
time, then Purchaser may demand the return of all earnest monies paid by it
and cancel this contract, or waive the defects and accept the property without
deduction on account of said defects. If Purchaser shall default under this
contract, the earnest money deposit shall be retained by Seller in lieu of
liquidated damages and/or as rental for the premises.
Taxes for 1973 and prior years shall be paid by Seller, and taxes for
1974 shall be prorated as of date of delivery of possession. Purchaser shall
affix the required documentary tax stamps on the Deed and record same.
The Purchaser hereby grants to Seller the right to lease the said premises
until date of closing, at which time the City may continue said lease at its
option.
This Agreement shall be binding on the respective personal representatives,
heirs, executors, administrators, successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have s'et their hands and
seals the day and year first above written.
Witnesses:
K ,;/J &..A~C",,--~t:~~
,j
,'/
.Jl.1:;l::' "'-'~ (SEAL)
y en Ington
~~-/ W~EAL)
Esther Pennington
".
Approved as to f rm & correctness:
~/ / 7
~/~~ t
City Attorney /
FLORIDA
By
..2-
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~ ' "'1 OWNER'S POLICY r~ ~
~ ~
I CIte lea :Aile ani (luaranlg Compang I
~ ~,
~ HOME OFFICE, ATlANTIC CITY, N. J. ff'Ui.
~ ~
~ A 102220 F ~
~ Binder #216124 B I
~ ~~
~ App, No",J5."nS""",,,,, AmounfE~",~~,~:"o.~"", ~
~ ~
~ Thq Poliey of Title Insuranee Witnesseth: Tha' th, Ch,lsea Titl, aod Guamnty Cnmpany, hmin ~
~r.U called the Company, in consideration of the payment of the premium for this Policy, does hereby covenant and ~
~ agree that it will pay to ff1~
~ ~
~ CITY OF CLEABWATER ~
~ h",inafte, <alIOO th, Insu"d, th, h,i"" d,vi""", 0' pc,,,mal '""",,,ntativ", of th, In,.,oo, alii"" and damage ~
~ o~:~~,:,,~~i~!__~~-~~~~-~-~~~:~~_________________DOIIa'" ($ 20,000.00 ), ~
~ which they, 0' any of them, shall snstain hy '..ron 01 any defect "' d,f"" in th, titl, of th, In,.,oo to th, ~
~~ estate or interest of the Insured in the real estate described under Schedule A, hereto annexed, or by reason ~
~ of Ii,n, 0' ",oumhmn,", agaim' the ,"m,", of the date nf th, final 'xamina'ion of th, title thmtn, to.wit, ~
~ July 17) 1974 at 9: 25 A. M. .. ffl~
~~ which date shall be deemed the effective date of this Policy, excepting the defects, estates, interests, obJections, ~
~ liens or encumbrances mentioned in Schedule B, hereto annexed, or excepted by the conditions or stipulations of ff'~
~ thi, Poli" h"eto annexed and inoo'P<>mted h",in "' a p.,t of thi, oon'm,t, Any 1= h"eund" wall h, ",tahliw'd ~
~~ and the amount thereof ascertained in the manner provided in said conditions and stipulations and be payable upon ~
~ compliance with the provisions of same and not otherwise. ff'~
~ ~
~ Thi, Poli,y ,hoY not be binding until it ,hoY hooe been coun'''';gn,d by on outhoNeed ,ignot"y of th, ,~
~ Company. iJ~
' ~
~ ~
~ In Witness Whereof, C~.t.... :Jill. anJ (faa"""" ~
~ Coml'an'l has caused these presents to be signed in facsimile by its duly ~ffl~
~r.U authorized officers and its corporate seal to be affixed in accordance with ~<)
~ ~Ul:
~r.U its By-Laws, this the 13th day of Uf
O!'IO' October , 19 78 ~
~ el..l..a :lifl. and (juaranf',/ eompan',/ ~
~ /1;
I /~/~ j
~ ~pre8ident / ~
~r.U ATTEST: ~ /2J::S- ff1~
~ ""--- '-4P" <J;
~ ".~~?~0~~ ...>I~'~
W k. ,c S.~"""'f _
~ ~// C. - ff'~
~ Authoriz i~"'J! / ~
~~I"~.~riti~~~~~~~~~~~~~~~~;j
. ~. ~ ~
.-
,-~' ~"-
-
Florida-2-Form 25
-
I
i
I
SCHEDULE A
25,735
App. No, ......,.........................
. A 102220 F
PolIcy No.: ,.,...,....'.....,.........
Insured: CITY OF CLEARWATER
Effective date: July 17, 1974 at 9: 25 A. M,
Amount of liability: $ 20,000, 00
1. The estate or interest of the Insured in the real estate described below covered by this
Policy is
FEE SIMPLE
2, The deed or other means by which the estate or interest covered by this Policy is vested in
the Insured is described as follows:
Warranty Deed executed by Roy Pennington and Esther Pennington, his wife,
in favor of City of Clearwater, filed July 17, 1974 at 9:25 A. M. in O. R.
Book 4195, Page 21 of the Public Records of Pinellas County, Florida.
3. Description of the land in which the Insured has the estate or interest covered by this Policy.
Lots 10, 11, 12 and 13, Block 4, Lake Belleview Addition>as recorded in
Plat Book 9, page 141 of the Public Records of Pinellas County, Florida.
Countersigned:
Authorized
Office
I
I
I
SCHEDULE B
This policy does not insure against loss or damage by reason of the following:
1. Rights or claims of parties other than the Insured in actual possession of any or all of the property.
2. Any variation in location of lines or dimensions, deficiency in quantity of ground, or any state of
fact which an acceptable survey would disclose or which are visible or are known to the insured.
3. Rights of way and easements over, across, above or below the surface of the land not disclosed of
record or arising by necessity or implication.
4. Possible unfiled mechanics' and materialmen's liens.
5. All assessments and taxes for the year 19 74 and all subsequent years.
6. Liability for municipal improvements made or authorized but not assessed.
7. Title to furniture, furnishing, fixtures and equipment, whether attached or
unattached to the real estate, is neither guaranteed nor insured under the
terms of this policy. Title to mobile or modular homes is neither guaranteed
nor insured under the ..t:erms of this policy.
Form No. 22-BX
__-".~,o;....._-......=, . ~..._..-...,~,:;;.
-...;::-<~:;.,......----. .........-.,;.;;~-
.,"_....-.---_.;.--~...:--_.~:..-------_._-~
I
"--'---'____c,
"
I
CO~DlTIONS AND STIPULATIONS OF THIS POLICY
1, The Company shall have the right to, and will, at its own cost and
expense, defend the title insured by this Policy in any action of ejectment or
other action or proceeding founded upon a claim of title, encumbrance or defect,
which existed, or is claimed to have existed prior in date to the effective date
of this Policy, and not excepted herein. In case any such action or proceeding
shall be begun, it shall be the duty of the Insured at once to notify the
Company in writing of the full particulars thereof and secure to the Company
the right to defend such action or proceeding in the name of the Insured and
to give all reasonable assistance therein, Failure to notify the Company as
aforesaid at its Home Office, within ten (10) days after process or notice in
such action or proceeding shall be served upon the Insured, shall openite as a
full release and discharge of the Company from any and all liability with
respe-ct to the subject matter of such action or proceeding; provided, bowever,
that failure to notify the Company as aforesaid shall not prejudice the claim of
the Insured if the Insured shall not be party to such action or proceeding; nor
be served with summonses, process or notice therein; nor bave any knowledge
thereof. The Company reserves the option of settling the claim or paying the
Policy in full; and the payment, or tender of payment, to the lull amount of
this Policy sh,ll operate as a full release and discharge of the Company from
any and all liability under this Policy,
2, Whenever the Company shall have settled a claim under this Policy, it
shall be subrogated to the rights and remedies of the Insured against any other
person or, property in respect to ~e subject matter of such claim and the
Insured shall transfer or cause to be transferred to the Company such rights,
securities and remedies and permit the Company to use the name of the
Insured for the recovery thereof. Any sum collected on such rights, securities
and remedies over and above the amount of loss paid by the Company shall
belong, and on dema"d shall be paid to the Insured, The Insured warrants that
such rights, securities and remedies shall vest in the Company unaffected by
any act of the Insured.
3, Nothing contained in this Policy shall be construed as insuring against
loss or damage by reason of fraud on the part of the Insured, or by reason
of claims arising under any act, thing, or trust relationship done, created.
suffered or permitted by the Insnred; or by reason of the fact that the Insured
was not a purchaser for value, or that the acquisition of the estate 0", interest
hereby insured contravened the laws of the United States establishing a uniform
system of bankruptcy; or against the rights of dower and homestead, if any J of
the spouse of the Insured; nor will the Company be liable in any event for any
loss or damage arising from the refusal of any party to carry out any contract
to purchase, lease or loan money on the estate or interest insured.
4. A statement in writing of any loss or damage for which it is claimed the
Company is liable shall be furnished to the Company within sixty days after
such loss or damage, and no right of action shall accrue under this Policy until
thirty days after such statement shall have been furnished and no recovery
shall be had under this Policy unless action shall be commenced thereon within
one year after the expiration of said last mentioned period 01 thirty days; and
a failure to Curnish such statement of loss or damage, and to commence such
action within the time hereinbefore specified, shall be a conclusive bar against
the maintenance of any action under tbis Policy.
. 5, All payments under this Policy, or any owner's policy issued to the
Insured's vendee or vendees covering any part of the property described herein,
shall reduce the amount of insurance pro tanto, and no payment can be
demanded without producing the Policy for endorsement of such payment. If
the Policy be lost or destroyed, indemnity satisfactory to the Company must be
furnished, It is ",pressly understood and agreed that any loss payable under
this Policy may be applied by the Company to the payment 01 any mortgage
mentioned in Schedule B, the title under which is insured by the Company, or
which may be held by the Company, and the amount so paid shall also be
deemed a payment to the Insured under this Policy. The aggregate liability
01 the Company under thLs Policy and any policy issued to the holder 01 such
mortgage shall not exceed tbe amount" of this Policy.
6, Nothing contained in this Policy shall be construed as insuring (1)
against the consequences of any law, ordinance, or governmental regulation
{including building and "zoning" ordinances) limiting or regulating the use or
enjoyment of the property herein described or the character, dimensions, or
locations of any improvements erected or to be erected thereon, or (2) against
the consequences of tbe exercise or attempted exercise of "police power" or the
power of "eminent domain" over said property. or (3) tbe title to any personal
property, whether the same be attached to or used in connection with the
property hereby insured or otherwise, or (4) the title or rights of the Insured
in any property beyond the line of the property described in Schedule A, or
in any streets, roads, avenues, lanes or ways in said property or upon which
said property abuts, or to tide lands or lands comprising the shores and bottoms
of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the
harbor or bulkhead lines as established or changed by the United States
Government, or to filled in lands or artificial islands or riparian rights, or (5)
that the buildings or other erections on the property comply with State and
Municipal laws, regulations and ordinances, or (6) against loss nr damage
by reason of mechanics' or materialmen's liens, liens of contractors, sub.
contractOf3 or otber liens arising out of the construction or repair of buildings
and improvemeoLs on the property, the title to which is hereby insured, not
filed or of record at the effective date of this Policy, or (7) against loss or
damage by reason of the rights, titles or occupancies of parties 'in actual posses.
sion of any or all of the property herein described at the effective date of this
Policy, or (8) the acreage or area contained in a given tract. nor accuracy or
location of boundary lines, nor the location or contiguity of tbe interior lines
of any parcels making up such property, unless an accurate survey of the
property described is furnished, or (9) against acLs done or suffered by the
Insured and not disclosed by the application upon which this Policy was issued,
7, The Company shall not be liable hereunder for the cost and expense
incurred in tbe satisfaction or removal of liens upon or objections to tbe title,
which were found upon examination of title to exist at the efrectivedate of
this Policy, but which shall have been satisfied or removed prior to the date of
the actual delivery of this Policy,
8, If the property described in Schedule A is divisible into separate
independent parcels and a loss is established affecting one or more of said
parcels, the loss shall be computed and settled on a pro rata basis as if the face
value of this Policy was divided pro rata as to the value of each separate
independent parcel, exclusive of the improvements made subsequent to the date
of this Policy, to the whole,
9, DefecLs and encumbrances, arl5lng after tho efrective date 01 this
Policy, or created, suffered, assumed or agreed to by the Insured, and taxes and
assessments which have not become liens up to the effective date of this Policy,
or which, although they have become liens, are not payahle until some future
date or in future installments, are not to be deemed covered by this Policy;
and no approval of any transfer of this Policy shall be deemed to make it cover
any such defect, encumbrance, taxes or assessments.
10, Any untrue statemcnt made by the Insured, or agent of the Insured,
with respect to any material fact; any fraud perpetrated; any suppression of or
failure to disclose any material facts; any untrue answer by the Insured, or
the ageot of the Insured, or the agent to the Insured, to material inquiries
before the issuing of this Policy, shall void this Policy.
11. The term "the Company" as herein used, means CHELSEA TITLE
AND GUARANTY COMPANY, and the term "the Insured" means the person
or persons in whose favor this Policy is issued.
12. No officer, agent or other representative of the Company, shall have
the power to waive any of the conditions or stipulations of this Policy, except
the President or one of the Vice'Presidents of the Company. and such waiver,
if any, shall be written upon or attached hereto.
This Policy necessarily relates solely to the title prior to and including its "effective date" as herein defined.
This Policy is not transferable to subsequent owners. A Reissue Policy in favor of new purchasers should be
obtained.
--
~~~~~~~~i]~i]i]
~ ~
~ ~
~ (@funcr' z 'oIit~ of ~
~ Witlc ~nzurantc ~
~ ~
~ ~
~ ~
~ ~
~ ~
~ ~
~ ~
~.R Amount Insured ~
~ dl~
~ $ ~
~ Party Insured ~
~ I]
~I ~
~. dl~
~ ~
~ ~
~ Chelea :J;lle anJ .
~ FJuaranlg ~ompanu ~
~~ '::J4 L.l , ~
~ dl~
~,.u Home Office ~
~ ~~
~ Atlantic City, N. J. ~
~ ~
~ ~
~ ~
~ ~
~ ~
~ ~
'~~~~~~~~~~~~
-
,,"
t, !'
!> --."
>p~l---
I
4tf
"'"'--
October 5, 1978
Chel.ea Title Ie Gual'aIlty Co.
606 Chestnut Street
Clearwater, 1'10.1.. 33516
ReI You me No. Z5,735
Titleta'aaace Blader No. Z161Z4B
aentlemen:
Th. City Clerk~. aclvl.ed thi. office ~t th. OWnerl. Title
Policy coverla. tb.. .u,..ctUt1ela'\U'&DCe blader No. 2161Z4B
bas never beeD received by th. City of Clearwater.
Thi. tran...d.OIl waf cl...el on July IZ. 1974, aad your .tatem.nt
ill tbe amoDt of $171~ 00 waf paldahol'tly thereat..r.
The titl. commitlDe. covered Lota 11, 12. and 13, Block., Lak.
Ben.vie", AclcI1tioa .ad '-e Clty.pvcba.ect the.e Job and Lot 10 from
Roy W. P."...I_.toD aad a.e. P....ln.toD, hia wUe. You office waf
a4v..laed that yoa ba. ct omtAte4 :,1.otl0 from the conunitmat,and w. were
.a'.uredthat it wou1cl Mlachl.c1e4 ill tIl4I titl. polley.
Would you pl_.elu~.. a. with & Utl. policy co..riDI Lota 10,
11, 12. and 13, Bleck,"'.. ~ ..n..l.. Addition.a SOOD ., po.,ible.
I am ."re tIli. 1. . cl."",_1 _.01' b\lt we mUlt have the policy to complete
our file.
SiIlcer.ly YOUI,
TAB.br
CCI City Clerk
/
Thomaa A. BUltb1
Citr Attorney
R)
"If' ~
'-", .~ '-
, I ~
August 24, 1973
To:
The Honorable Mayor and Members of the C1Y Commission
Duane Zussy, Assistant City Manager ~?
Acreage involved in the Plurnb propcrt/ -
v
From:
Subj eet:
During Thursday's Work Session, Commissioner Hall inquired as to the
acreage comprising the Mildred Plumb Property which will be considered
for acquisition as a part of the right-of-way for Myrtle Avenue extension.
Mr. Nor'in Seher, the City's Right-of- Way Agent, advises me that the
property consists of six building lots and one frame home all of which are
zoned business. This would convert to an acreage figure of O. 34, how-
ever I would hasten to note that platted lots with business or commercial
zoning lnust be considered as something quite apart from tract acreage
when one determines the value of land. This idea is clearly stated in the
S.R.A. appraisal prepared by Charles Fischer on the subject property
(an excerpt of which is included in my memo of J~ugust 22, 1973, attached.)
Mr. Seher also mentioned that six commercial lots would be 5-10% higher
on today1s appraisal. Further, punitive da!nages would be a consideration
in condemnation proceedings since we are taking this womanl s home, and
these would be considerable dollars, Finally, we must have this piece of
property in order to proceed with Myrtle Avenue extension.
Under the circumstances the staff feels that a purchase price of $43,000
is quite reasonable and consistent with established Com.mission policy for
right-of-way acquisition.
,
For these reasons, I recommend your approval of the purchase and the
authorization of appropriate officials to consummate these arrangements,
/1
;f ~
.. 'v , ,
,> /~
----
August 22, 1973
To:
The }{onorable Mayor and Members
luis sion
From:
Duane Zussy, Ass't. City Manage.r
Subject:
Mildred Plumb Property
731 Lakeview Avenue
(Myrtle Avenue Extension)
In respons e to your questi.on as to how the purchas e price for the above
property was detern~ined, the following excerpt is from, an appraisal
(which also covered several other parcels) by Charles R. Fischer, S. R.lL
dated August 10, 1972:
I'Land and Residence located at 731 Lakeview Avenue, Clearwater,
Florida; being legally described as Lots 11 through 16, Block 2, Lake Belle-
view Addition, according to the map or plat ther eof as recorded in Plat Book
9, Page 141, Public Records of Pinellas County, Florida. In my opinion the
Fair Market Value of the property as described above and in the physical con-
dition as of August 1st, 1972, is Forty Two Thousand, Seven Hundred Dollars,
($42, 700. 00)"
II Tax Assessment:
The Tax Assessor of Pinellas County has valued the parcel
under appraiseluent for taxing purposes, as follows:. ,. $7,860.00.
11 Cost Approach to Value:
If The improvement was an older building, stuccoed over frame,
and your appraiser estimated that current replacement cost new would be
on the basis of $9. 50 per square foot. A 50% depreciation factor was applied.
The porch area, an enclosed porch, were estin~ated to have a cost, less
depreciation, of $576.00.
itA garage building is m very poor condition and YOU1' appraiser
allo';,'ed a $100.00 token allowance. The driveway was estimated at $150.00
and landscaping at $500.00. Thus total value of the improvements were
estimated to be $5,202.00, or rounded off $5,200.00 on a depreciated basis.
"To this valuation was added the land value of $37, 500. 00, for a
total value of $42, 700. 00 for the property. . . If
Since the proposed purchase price of $43,000 net is within the 10% variance
allowed consistent with Commission policy, I recommend approval.
v
11
I
I
~
-
iTili
CHARTERED 1922
f III ~
TITLE & GUARANTY COMPANY
'1:1!
606 Ch.stnut Str..t _ CI..rw.ter. Florid. 33616 _ (813) 446-1326
P. 0, 801: 145 _ CI..rw.t.r. Florid. 33517
January 14, 1974
Herbert M. Brown
City AttorneyTs Office
P. O. Box 4748
Clearwater, Florida
Re: Our File No. 23,790
Policy No. 100787
Legal- Lots 11, 12, 13, 14, 15 and 16, Block 2, LAKE BELLEVIEW
ADDITION
Dear Sir:
Enclosed please find Endorsement No. 100787 pertaining to the above
captioned transaction to be attached to and become a part of said
Policy No. 817718.
Should you have any questions, please feel free to contact our
office.
TGW/hh
Enc!.
-
IT~I
I 'I :I~
I)I!I
I
/D ()
L---\l/'-k
:..-----
CHARTERED 1922
TITLE a GUARANTY COMPANY
606 Cheltnut Street _ CI..rw.",FIorfcI. 33516 . (113) ~J25
P. O. 80Il 145_ ctMrw"". Florid. 33517
December 18, 1973
Herbert M. Brown
City Attorneyls Office
P. O. Box 4748
Clearwater, Florida
Reference: Owners Policy No. 817718
OUr File No. 23,790
Legal- Lots 11, 12, 13, 14 and 16, Block 2,
LAKE BELLEVIEW ADDITION
Dear Sir:
Enclosed please find your Owner's Title Insurance Policy
covering the above described property.
You are now entitled to a reduced Title Insurance premium
if you sell or mortgage this property in the future.
Thank you for this opportunity to be of service, and we
hope we may be able to assist you again in matters
pertaining. to this or other Florida property.
Very truly yours,
,
Encl. - Owner I s Policy
TGW:gl
~4;J, _
~' ~~honeig
A istant Tit fi
earwaterfice .
..
.
I '. . I
Chelea :Jule and (juarani,! Compan,!
Home Office Atlantic City, New Jersey
N? 100787 E
Our File No. 23,790
ENDORSEMENT
Attached to and forming a part of (Policy-BIDdex) No, 817718
e~el(Ja :All. and (juaranl'l eompan'l insuring CITY OF CLEARWATER, FLORIDA
of
Item 3 under Schedule TTATT, is hereby amended to read as follows:
Lots 11, 12, 13, 1~, 15 and 16, Block 2, LAKE BELLEVIEW ADDITION, according
to the map or plat thereof as recorded in Plat Book 9, Page 1~1, of the
Public Records of Pine lIas County, Florida.
Nothing herein contained shall be construed as extending or changing the effective date of said (policy-
binder) unless otherwise expressly stated.
This Endorsement shall not be valid or binding until countersigned by an authorized signature as desig-
nated below,
IN WITNESS WHEREOF, ehelea :Jule and guaranl';/
eompan';/ has caused its corporate name and seal to be hereunto affixed
by its duly authorized officers, in facsimile this l~th day of January,
. 197~
ehelea :llle and guarani';! eompan';!
~/~.~
ATTEST:
stant Title Officer
Clearwater Office
President
9:.~O~~
Secretary. 7
Form 105 - R 3/68
...
~~~~~~~~~~~~~~~~~~~~.~~~~~~~~~~
~' . OWNER'S P0L1CY ~
~ ~
I Che lea :Atfe ani guarani'} Compan'} I
~ ~
~ HOME OFFICE, ATLANTIC CITY, N. J. ff'~
~ ~
~ ,N~ 817718 F ~
~ BINDER NO. 195604 ~
~ ~
~ ~
~ App. No.....~.?.)]9.9............ Amount....$..Y:}).R.Q9..~,QP ~
~ ~
~ This Policy of Title Insurance Witnesseth: That the Chelsea Title and Guaranty Company, herein ~
~,.u called the Company, in consideration of the payment of the premium for this Policy, does hereby covenant and ~
~ agree that it will pay to ffl~
~ ~
~ CITY OF CLEARWATER, FLORIDA ~
~ ~
~ hereinafter called the Insured, the heirs, devisees, or personal representatives of the Insured, all loss and damage ff'~
~~ not exceeding FORTY THREE THOUSAND AND No/100-------------------------------- ~
~ __________________________________________________Dollars ($ 43,000.00 ), ~
~ which they, or any of them, shall sustain by reason of any defect or defects in the title of the Insured to the ff'Ul
~~ estate or interest of the Insured in the real estate described under Schedule A, hereto annexed, or by reason ~
~ of liens or e~~~~b~~;e~~g~in~~t~~ s~n; a~ ~~~he:~teMo.f the final examination of the title thereto, to-wit: ~
~ ffl~
~~ which date shall be deemed the effective date of this Policy, excepting the defects, estates, interests, objections, ~
~ liens or encumbrances mentioned in Schedule B, hereto annexed, or excepted by the conditions or stipulations of ff'~
~ this Policy hereto annexed and incorporated herein as a part of this contract. Any loss hereunder shall be established ~
~~ and the amount thereof ascertained in the manner provided in said conditions and stipulations and be payable upon ~
~ compliance with the provisions of same and not otherwise. ff'~
~ ~
~~ This Policy shall not be binding until it shall have been countersigned by an authorized signatory of the ~
~ Company. ir&d
~ ~
I In Witness Whereof, Ct..!'.a :Jilt. anJ (JuaMnt, m
~ Compan'l has caused these presents to be signed in facsimile by its duly ff'Ul
~ authorized officers and its corporate seal to be affixed in accordance with ~
~~ its By-Laws, this the 18thday of ~
~ December ,1973 ff'Ul
It e~et.ea :1ll. ani (fuaranit,! eompany I
~ /! ~
~ I~/~ ~
~ President ~
~ BY./ ATTEST: ~- a~ ~ ~
~ ~~ s"",",,, 7 ~
~ A utho . edignatory ~
~ TE WEIHONE, SSIS NT TITLE OFFICER, CLEARWATER OFFICE ~
~~~" "~~~~~~~ " :~~~~~~~~~~~~
-.;:
r.
.,
.
I
I
~
SCHEDULE A
App, No,..,.2.~,~?~Q.......,.,.
Policy No,: ..,8)'J.7)_~,....,...,
Insured: CITY OF CLEARWATER, FLORIDA
Effective date: OCTOBER 19, 1973 AT 3: 53 P. M.
Amount of liability: $ 43,000.00
1, The estate or interest of the Insured in the real estate described below covered by this
Policy is FEE SIMPLE
2, The deed or other means by which the estate or interest covered by this Policy is vested in
the Insured is described as follows:
Warranty Deed executed by Mildred M. Plumb, an unremarried widow
in favor of City of Clearwater, Florida, dated October 9, 1973,
filed October 19, 1973 at 3:53P. M. in O. R. Book 4093, Page
468, of thePubliqRecordsofPinellas County, Florida.
3, Description of the land inwhleb th.lnsuredhas the estate 01' interest covered by this Policy,
Lots 11, 12, 13, 14 and 16, Block 2, LAKE BELLEVIEW ADDITION,
according to the map or plat thereof as recorded in Plat Book
9, Page 141, of the Public Records of Pinellas County, Florida.
tant Title Officer, Clearwater Office
l\o
?
I
I
SCHEDULE B
This policy does not insure against loss or damage by reason of the following:
1. Rights or claims of parties other than the Insured in actual possession of any or
all of the property.
2, Any variation in location of lines or dimensions, deficiency in quantity of ground,
or any state,of fact which an acceptable survey would disclose, or which are visible
or are known to the insured,
3, Rights of way and easements over, across, above or below the surface of the land not
disclosed of record or arising by necessity or implication,
4, Possible unfiled mechanics' and materialmen's liens.
5, All assessments and taxes for the year 1973 and all subsequent years.
6. Liability for municipal improvements made or authorized but not assessed.
7. Conditions, restrictions, reservation, limitations, easements contractual or
for utilities, shown of record or by filed plat or plan, as follows:
(a) Subject to restrictions and conditions not voided by law as imposed in
Deed Book 271, page 340, of the Public Records of Pinellas County,
Florida, to-wit: No residence to cost less than $2,500.00 as to Lots
13 and 14.
8 . Title to furniture ,furnishings, fixtures and equipment, whether attached
or unattached to the real estate, is neither guaranteed nor insured under
the terms of this policy. Title to mobile homes or modular homes is
neither guaranteed nor insured under the terms of this Policy.
9. Subject to the terms andqoJ:jlditions of that certain Mortgage executed by
City of Clearwater, Florlda. a municipal corporation, in favor of Mildred
M. Plumb, an unremarried Widow dated October 17, 1973, filed October 19,
1973 at 3:53 P. M. in o. R. Book 4093, page 469, of the Public Records of
Pinellas County, Florida, in the amount of $30,500.00.
Form No, 22-B
".
I
, .
I
.
CO:\"DITIONS A:-';D STIPULATIONS OF THIS POLICY
1, The Company shall have the right to, and will, at its own cost and
expence, defend the title insured by this Policy in any action of ejectment or
other action or proceeding lounded upon a claim 01 title, encumbrance or delect,
which existed, or is claimed to have existed prior in date to the effective date
01 this Policy, and not excepted herein, In case any such action or proceeding
shall he begun, it sball be the duty 01 the Insured at once to notily the
Company in writing 01 the lull particulars thereof and secure to the Company
the right to defend such action or proceeding in the name of the Insured and
to give all reasonable assistance therein. Failure to notify the Company as
aforesaid at its Home Office, within ten (0) days after process or notice in
such action or proceeding sball be served upon the Insured, shall ope<ate as a
full release and discharge of the Company from any and all liability with
respect to the subject matter of such actil1n or proceeding; provided, however,
that failure to notily tbe Company as aforesaid sball not prejudice tbe claim 01
the Insured il the Insured shall not be party to such action or proceeding; nor
be served with summonses, process or notice therein; nor have any knowledge
thereol. The Company reserves the option of setUing the claim or paying the
Policy in lull; and the payment, or tender of payment, to the full amount of
this Policy sh,1I operate as a lull release and discharge of the Company Irom
any and all liability under this Policy,
2, Whenever the Company shall have settled a claim under this Policy, it
shall be subrogeted to the rights and remedies of the Insured against any other
person or property in respect to Ule subject matter of such claim and the
Insur.ed shall transler or cause to be translerred to the Company such rights,
..ecurities and remedies and permit the Company to use tbe name of the
Insured for the recovery thereol. Any sum collected on such rights, securities
and remedies over and above tbe amount of loss paid by the Company shall
belong, and on demaod shall be paid to the Insured, The Insured warrants tbat
such rights, securities and remedies shall vest in the Campanr unaffected by
any act of the Insured.
3. Nothing contained in this Policy shall be cnnstrued as insuring against
loss or rlamage by reason of Iraud on the part 01 the Insured, or by reason
of claims arising under any act, thing, or trust relationship done, created,
suffered or permitted by the Insured; or by reason of the fact that the Insured
was not a purchaser for value, or that the acquisition of the estate or interest
hereby insured contravened tbe laws of the United States establishing a uniform
system of bajlkruplcy; or against the rights of dower and homestead, if any. of
the spouse of the Insured; nor will the Company be liable in any event for any
loss or damage arising Irom the refusal of any party to carry out any contract
to purchase, leCiSe or Joan money on the estate or interest insured.
4. A statement in wriling of any loss or damage for which it is claimed the
Company is liable shall be furnished to the Company within sixty days after
such los~ or damage, and no right of action shall accrue under this Policy until
thirty days after such statement shall have been furnished and no recovery
shall be had under this Policy unless action shall be commenced thereon within
one year after the expiration of said last mentioned period 01 thirty days; and
a failure to Curnish such statement of loss or damage, and to commence such
.ction within tbe time hereinbefore specified, shall be a conclusive bar against
the maintenance of any action under this Policy.
,5, All payments under this Policy, or any owner's policy issued to the
Insured's vendee or vendees covering any part of the property described herein,
shall reduce the amount of insurance pro tanto, and no payment can be
demanded without producing the Policy lor endorsement 01 such payment, If
the Policy be lost or destroyed, indemnity satisfactory to tbe Company must be
furnished, It is expressly understood and agreed that any loss payable under
this Policy may be applied by the Company to the payment of any mortgage
mentioned in Schedule B, the tille under which is insured hy the Company, or
which may be held by the Company, and the amount so paid shall also be
deemed a payment to the Insured under this Policy. The aggregate liability
of the Company under tbe, Policy and any policy issued to the holder of such
mortgage shall not exceed the amount of this Policy,
6, Nothing contained in this Policy shall be construed as insuring (I)
against the consequences of any law, ordinance, or governmental regulation
(including building and "zoning" ordinances) limiting or regulating the use or
enjoyment of the property herein descrihed or the characler, dimensions, or
locations of any improvements erected or to he erected thereon, or (2) against
the consequences of the exercise or attempted exercise of "police power" or the
power of "eminent domain" over said property, or (3) the title to any personal
property, whether the same be attached to or used in connection with the
property hereby insured or otherwise, or (4) the tille or rights of the Insured
in any property beyond the line of the property described in Schedule A, or
in any streets, roads, avenues, lanes or ways in said property or upon which
said property abuts, or to tide lands or lands comprising the shores and bottoms
of navigahle rivers, lakes, bays, ocean or gulf, or lands beyond the line of the
harhor or bulkhead lines as estahlished or changed by the United States
Government, or to filled in lands or artificial islands or riparian rights, or (5)
that the buildings or other erections on the property comply with State and
:\lunicipal laws, regulations and ordinances, or (6) against loss or damage
by reason of mechanics' or materialmen '5 liens, liens of contractors, sub.
contractor3 or other liens arising out of the construction or repair of buildings
and improvements on the property, the tiUe to which is hereby insured, not
filed or of record at the effective date of this Policy, or (7) against loss or
damage by reason of the rights, tilles or occupancies of parties in actual posses-
sion 01 any or all of the property herein described at the effective date of this
Policy, or (8) the acreage or area contained in a given tract, nor accuracy or
location 01 boundary lines, nor the location or contiguity of the interior lines
01 any parcels making up such property, unless an accurate survey of the
property descrihed is furnished, or (9) against acts done or suffered by the
Insured and not disclosed by the application upon which this Policy was issued.
7, The Company shall not be liable hereunder for the cost and expense
incurred in the satisfaction or removal of liens upon or objections to the title,
which were found upon examination of tiUe to exist at the effective date of
this Policy, but which shall have been satisfied or removed prior to tbe date of
the actual delivery 01 this Policy,
8, II the property described in Schedule A is divisible into separate
independent parcels and a loss is established affecting one or more of said
parcels, the loss shall be computed and settled on a pro rata hasis as if the face
value of this Policy was divided pro rata as to the value of each separate
independent parcel, exclusive or the improvements made suhsequent to the date
of this Policy, to the whole,
9, Defects and encumhrances, arISing after the effective date of this
Policy, or created,suffered, assumed or agreed to by the Insured, and taxes and
assessments which have not become lien. up to lhe effective date of this Policy,
or which, allhough they bave become liens, are not payahle until some future
date or in future installments, are not to be deemed covered hy this Policy;
and no approval of any transler of this Policy shall be deemed to make it cover
any such defect, encumbrance, taxes or assessments.
10, Any untrue statement made by the Insured, or agent of the Insured,
with respect to any material fact; any lraud perpetrated; any suppression of or
lailure to disclose any material facts; any untrue an.wer by the Insured, or
the agent of the Insured, or the agent to the Insured, to material inquiries
before the issuing of this Policy, shall void this Policy.
11, The term "the Company" as herein used, me""" CHELSEA TITLE
AND GUARANTY COMPANY, and the term "the Insured" means the person
or persons in whose favor this Policy is issued,
12. No officer, agent or other representative 01 the Company, shall bave
the power to waive any of the conditions or &ipulations of this Policy, except
the President or one of the Vice-Presidents of the Company, and such waiver,
if any, shall he written upon or attached hereto,
This Policy necessarily relates solely to the title prior to and including its "effective date" as herein defined.
This Policy is not transferable to subsequent owners. A Reissue Policy in favor of new purchasers should be
obtained.
~~i]~i]i]i]~~~~~
,,' ~ ~
.
.
~ (@hnt~r' 5 JolirlJ of ~
~ ~
~ ZIT itl~ ~ lts1traltr~ ~
~ ~
fA
~ ~
~ ~
~ ~
~ ~
,~ ~ ~
~ ~
~ Amount Insured ~
~ $ ~
~.
'. ~ ~
.. ~ Party Insured ~
~ ~
~ ~
~ C~elea :Jute anJ ~
~ ~
~ guaranl'l Compan'l ~
- ~ ~
~ Home Office ~
~ Atlantic City, N. J. ~
~ ~
~ ~
~ ~
~ ~
~ ~
~ ~
'~~~~~~~~~~~~
.~~~~~~~~~~~ ~