JOHNSON BLAKELY POPE BOKOR RUPPEL AND BURNS PA
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From:
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Interoffice Correspondence Sheet
Susan Stephenson, Documents & Records Supervisor
Earl Barrett, Real Estate Services Manage~
John Carassas, Assistant City Attorney
To:
CC:
Tom Mahony, Engineering CAD Manager
Date:
June 9, 1999
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RE: Closing documentation - CGS Pasco gate st~tion property
Attached hereto is the portfolio of closing documents received from Johnson Blakely
relating to the May 28, 1999 closing of the referenced purchase from Adam Smith
Enterprises, Inc. The only item still to be received is the title insurance policy which
the agent will provide when issued. I will forward it upon receipt.
I am also providing a City Owned Property data sheet for your records.
I am copying the portfolio to John Carassas for his file, and asking Tom Mahony to
assign the property a City property number and place the recorded deed, access
easement, data sheet and copy of the survey in the Engineering City Owned Property
books. Pasco County record copies of the deed and easement will not be placed in
Engineering Official Record files.
RFf~EI,rED
.JlH., 1. 0 1999
CITV GLE.:,K DEP-(
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ALTA Owner's Policy (10-17-92) (With Florida Modifications)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise
by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limltd to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting
or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character dimensions or location of any Improvement now or hereafter erected on the land;
(iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection,
or the effect of any Violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notil::e of
a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy,
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded In the public records, at Date of Policy,
2, Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge,
3, Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant:
(b) not known to the Company, not recorded in the public records at Date of Policy but known to the insured claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured claimant becal1e an insureC unoel thiS policy
(c) resulting in no loss or damage to the insured claimant:
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy,
4, Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on
(i) the transaction creating the estate or interest insured by this policy being deemed a fr alldlllent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a pleferentlal transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor,
CONDITIONS AND STIPULATIONS
1, DEFINITION OF TERMS,
The following terms when used in this policy mean:
(a) "insured"; the insured named in Schedule A,
and, subject to any rights or defenses the Company
would have had against the named insured, those who
succeed to the interest of the named insured by opera-
tion of law as distinguished from purchase including,
but not limited to, heirs, distributees, devisees, survi-
vors, personal representatives, next of kin, or corporate
or fiduciary successors.
(b) "insured claimant"; an insured claiming loss
or damage.
(c) "knowledge" or "known"; actual knowledge,
not constructive knowledge or notice which may be
imputed to an insured by reason of the public records
as defined in this policy or any other records which
impart constructive notice of matters affecting the land.
(d) "land"; the land described or referred to in
Schedule A, and improvements affixed thereto which
by law constitute real property. The term "land" does
not include any property beyond the lines of the area
described or referred to in Schedule A, nor any right,
title, interest, estate or easement in abutting streets,
roads, avenues, alleys, lanes, ways or waterways, but
nothing herein shall modify or limit the extent to which
a right of access to and from the land is insured by this
policy.
(e) "mortgage"; mortgage, deed of trust, trust
deed, or other security instrument
(f) "public records"; records established under
state statutes at Date of Policy for the purpose of
imparting constructive notice of matters relating to real
property to purchasers for value and without knowl-
edge, With respectto Section 1 (a)(iv) of the Exclusions
From Coverage, "public records" shall also include
environmental protection liens filed in the records of
the clerk of the United States district court for the
district in which the land is located.
(g) "unmarketability of the title"; an alleged or
apparent matter affecting the title to the land, not
excluded or excepted from coverage, which would
entitle a purchaser of the estate or interest described in
Schedule A to be released from the obligation to pur-
chase by virtue of a contractual condition requiring the
delivery of marketable title,
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under
Section 3 of these Conditions and Stipulations have
been provided the Company, a proof of loss or damage
signed and sworn to by the insured claimant shall be
furnished to the Company within 90 days after the
insured claimant shall ascertain the facts giving rise to
the loss or damage, The proof of loss or damage shall
describe the defect in, or lien or encumbrance on the
title, or other matter insured against by this policy
which constitutes the basis of loss or damage and shall
state, to the extent possible, the basis of calculating the
amount of the loss or damage, If the Company is
prejudiced by the failure of the insured claimant to
provide the required proof of loss or damage, the
Company's obligations to the insured under the policy
shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation, with re-
gard to the matter or matters requiring such proof of
loss or damage,
In addition, the insured claimant may reasonably
be required to submitto examination under oath by any
authorized representative of the Company and shall
produce for examination, inspection and copying, at
such reasonable times and places as may be desig-
nated by any authorized representative ofthe Company,
all records, books, ledgers, checks, correspondence
and memoranda, whether bearing a date before or after
Date of Policy, which reasonably pertain to the loss or
damage. Further, if requested by any authorized repre-
sentative of the Company, the insured claimant shall
grant its permission, in writing, for any authorized
representative of the Company to examine, inspect and
copy all records, books, ledgers, checks, correspon-
dence and memoranda in the custody or control of a
third party, which reasonably pertain to the loss or
damage, All information designated as confidential by
the insured claimant provided to the Company pursu-
ant to this Section shall not be disclosed to others
unless, in the reasonable judgment of the Company, it
is necessary in the administration of the claim. Failure
ofthe insured claimantto submittor examination under
oath, produce other reasonably requested information
or grant permission to secure reasonably necessary
information from third parties as required in this para-
graph shall terminate any liability ofthe Company under
this policy as to that claim,
6.1' OPTIONS TQ;/AY OR Q.THERWISE SETTLE
CLAIMS: TE"INATlON OF LIABILITY.
In case bf a claim under this policy, the Company
--
2. CONTINUATION, OF INSURANCE AFTER
CONVEYANCE OF TITLE,
The coverage of this policy shall continue in force
as of Date of Policy in favor of an insured only so long
as the insured retains an estate or interest in the land,
the Company shall have no liability for loss or damage
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,
(c) The Company shall not be liable for loss or
damage to any insured for liability voluntarily assumed
by the insured in settling any claim or suit without the
prior written consent of the Company,
10. REDUCTION OF INSURANCE: REDUCTION OR
TERMINATION OF LIABILITY.
All payments under this policy, except payments
made for costs, attorneys' fees and expenses, shall
reduce the amount of the insurance pro tanto,
11, LIABILITY NONCUMULATIVE
It is expressly understood that the amount of
insurance under this policy shall be reduced by any
amount the Company may pay under any policy insur-
ing a mortgage to which exception is taken in Schedule
B orto which the insured has agreed, assumed, ortaken
subject, or which is hereafter executed by an insured
and 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 policy to
the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing
this policy for endorsement of the payment unless the
policy has been lost or destroyed, in which case proof
of loss or destruction shall be furnished to the satisfac-
tion of the Company.
(b) When liability and the extent of loss or damage
has been definitely fixed in accordance with these
Conditions and Stipulations, the loss or damage shall
be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR
SETTLEMENT.
(a) The Comoanv's Rieht of Subrogation,
Whenever the Company shall have settled and paid
a claim under this policy, all right of subrogation shall
vest in the Company unaffected by any act of the
insured claimant.
The Company shall be subrogated to and be' en-
titled to all rights and remedies which the insured
claimft would have had against any person or prop-
erty i respect to the claim had this policy not been
issue _ If requested by the Company, the insured
claimant shall transfer to the Company ali rights and
f'ATlC-521
First A.Jericari Title Insurance CJmpany
SCHEDULE A
33008.100650
Agent's File No,: 105262-4-9
Policy No, FA-35-387630
FATCO-105262 JH
Amount of Insurance $ 3 5 , 500 . 00
Date of Policy: June 1, 1999
11:33:00 AM
1, Name of Insured:
CITY OF CLEARWATER, FLORIDA, a municipal corporation
2, The estate or interest in the land which is covered by this policy is:
Fee Simple and Easement
3, Title to the estate or interest in the land is vested in:
CITY OF CLEARWATER, FLORIDA, a municipal corporation
4. The land referred to in this policy is described as follows:
See Attached Schedule A Continued
JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL &
BURNS, P
911 CHESTNUT STREET
CLEARWATER, FLORIDA 33757
By:
. FATIC-522
First AJ.eri~ari Tide Insurance ctmpany
/
SCHEDULE B
Agent's File No.: 105262-4-9 Policy No, FA-35-387630
FATCO-105262 JH
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which
arise by reason of:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records,
3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey
or inspection of the premises.
4, Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not
shown by the public records.
5, Any adverse claim to any portion of said land which has been created by artificial means or has accreted to any such
portion so created and riparian rights, if any,
6. Taxes or special assessments which are not shown as existing liens by the public records,
NOTE: Exceptions numbered 1, 2, 3, 4 & 6 above are hereby deleted.
Special Exceptions:
7. The lien of all taxes for the year 1999. and all subsequent years,
which are not yet due and payable.
B. Any minerals or mineral rights leased, granted or retained by current or prior owners
9. Water Supply Agreement as recorded November 13, 1974 in O.R. Book 773,
Page 57, of the public records of Pasco County, Florida.
10. Developer Agreement by and between Adam Smith Enterprises, Inc., a Florida
corporation and Aloha Utilities, Inc., a Florida corporation dated
February 7, 1989 and recorded February 8, 1989 as recorded in O.R. Book
1781, Page 589, of the public records of Pasco County, Florida.
11. Notice of Adoption of the Amendment to the Development Order as recorded
in O.R. Book 3761, Page 1190; O.R. Book 3657, page 105, of the public
records of Pasco County, Florida.
12. Resolution approving an amendment to a Development Order as recorded in
O.R. Book 3669, Page 753, of the public records of Pasco County, Florida.
13. Restrictive covenants and restrictive conditions, as contained in
instrument recorded in O.R. Book 3200, page 216; amended in O.R. Book
3938, page 1233, of the public records of Pasco County, Florida; but
deleting any covenant, condition or restriction indicating a preference,
limitation or discrimination based on race, color, religion, sex,
handicap, familial status, or national origin to the extent such
covenants, conditions, or restrictions violate 42 USC 3604{c).
See Attached Schedule B Continued
. . FATIC-600 (Rev. 9-78)
First An\eri~ali Tide Insurance ctmpany
'SCHEDULE
B
(Continued)
Agent's
File No,: 105262-4-9
Commitment No. FA-CC- OUT/CC/AMO
Policy No,; FA-35-387630
FATCO-105262 JH
14. Restrictive covenants and restrictive conditions, as contained in
instrument recorded in O.R. Book 3516, page 491; amended in O.R. Book
3825, page 638; supplemented in O.R. Book 3825, page 642; O.R. Book
3909, page 1087, of the public records of Pasco County, Florida; but
deleting any covenant, condition or restriction indicating a preference,
limitation or discrimination based on race, color, religion, sex,
handicap, familial status, or national origin to the extent such
covenants, conditions, or restrictions violate 42 USC 3604(c).
15. Agreement as recorded February 21, 1979 in O.R. Book 992, Page 1488, of
the public records of Pasco County, Florida.
16. The public records do not show any legal right of access to or from the
land, and, by reason thereof, this Policy does not insure any right of
access to or from the insured property.
17. Easement granted to Florida Power Corporation as recorded in Official
Records Book 627, page 748, of the public records of Pasco County,
Florida.
18. Pipeline Easement as recorded in Official Records Book 3950, page 289,
of the public records of Pasco County, Florida. (As to Access and
Utility Easement)
1:.._,_
...............',..-...
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or holqs an indebtedness secured by a purchase money'
. mortgage given by a pmchaser from the insured, or
only so long as the insured shall have liability by reason
of covenants of warranty made by the insured in any
transfer or conveyance of the estate or interest. This
policy shall not continue in force in favor of any pur-
chaser from the insured of either (i) an estate or interest
in the land, or (ii) an indebtedness secured by a pur-
chase money mortgage given to the insured,
3. NOTICE OF CLAIM TO BE GIVEN BY INSUREO
CLAIMANT,
The insured shall notify the Company promptly in
writing (i) in case of any litigation as set forth in Section
4(a) below, (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
Company may be liable by virtue of this policy, or (iii)
if title to the estate or interest, as insured, is rejected as
unmarketable, If prompt notice shall not be given to the
Company, then as to the insured all liability of the
Company shall terminate with regard to the matter or
matters for which prompt notice is required; provided,
however, that failure to notify the Company shall in no
case prejudice the rights of any insured under this
policy unless the Company shall be prejudiced by the
failure and then only to the extent of the prejudice,
4. DEFENSE AND PROSECUTION OF ACTIONS:
DUTY OF INSURED CLAIMANT TO COOPERATE,
(a) Upon written request by the insured and sub-
ject to the options contained in Section 6 of these
Conditions and Stipulations, the Company, at its own
cost and without unreasonable delay, shall provide for
the defense of an insured in litigation in which any third
party asserts a claim adverse to the title or interest as
insured, but only as to those stated causes of action
alleging a defect, lien or encumbrance or other matter
insured against by this policy. The Company shall have
the right to select counsel of its choice (subject to the
right of the insured to object for reasonable cause) to
represent the insured as to those stated causes of
action and shall not be liable for and will not pay the fees
of any other counsel. The Company will not pay any
fees, costs or expenses incurred by the insured in the
defense of those causes of action which allege matters
not insured against by this policy.
(b) The Company shall have the right, at its own
cost, to institute and prosecute any action or proceed-
ing 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, or to prevent or reduce loss or
damage to the insured, The Company may take any
appropriate action under the terms ofthis policy, whether
or not it shall be liable hereunder, and shall not thereby
concede liability or waive any provision of this policy. If
the Company shall exercise its rights under this para-
graph, it shall do so diligently,
(c) Wheneverthe Company shall have brought an
action or interposed a defense as required or permitted
by the provisions of this policy, the Company may
pursue any 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.
(d) In all cases where this policy permits or re-
quires the Company to prosecute or provide for the
defense of any action or proceeding, the insured shall
secure to the Company the right to so prosecute or
provide defense in the action or proceeding, and all
appeals therein, and permit the Company to use, at its
option, the name of the insured for this purpose,
Whenever requested by the Company, the insured, at
the Company's expense, shall give the Company all
reasonable aid (i) in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defend-
ing the action or proceeding, or effecting settlement,
and (ii) in any other lawful act which in the opinion of the
Company may be necessary or desirable to establish
the title to the estate or interest as insured, If the
Company is prejudiced by the failure of the insured to
furnish the required cooperation, the Company's obli-
gations to the insured under the policy shall terminate,
including any liability or obligation to defend, pros-
ecute, or continue any litigation, with regard to the
matter or matters requiring such cooperation,
snarr f1(1V'e'ltnr.()1I0winiiacfilitional opt'i'Ons:
(a) To Pavor 1eruler Pavment of the Amount of
11lit~a~c~. " ,.
J'TOPa'y or tender payment of the amount of insur-
ance underthis policy together with any costs, attorneys'
fees and expenses incurred by the insured claimant,
which were authorized by the Company, up to the time
of payment or tender of payment and which the Com-
pany is obligated to pay.
Upon the exercise by the Company of this option,
all liability and obligations to the insured under this
policy, other than to make the payment required, shall
terminate, including any liability or obligation to de-
fend, prosecute, or continue any litigation, and the
policy shall be surrendered to the Company for cancel-
lation,
(b) To Pavor Otherwise Settle With Parties Other
than the Insured or With the Insured Claimant.
(i) to payor otherwise settle with other par-
ties for or in the name of an insured claimant any claim
insured against under this policy, together with any
costs, attorneys' fees and expenses incurred by the
insured claimant which were authorized by the Com-
pany upto the time of payment and which the Company
is obligated to pay; or
(ii) to payor otherwise settle with the insured
claimant the loss or damage provided for under this
policy, together with any costs, attorneys' fees and
expenses incurred by the insured claimant which were
authorized by the Company up to the time of payment
and which the Company is obligated to pay.
Upon the exercise by the Company of either of the
options provided for in paragraphs (b)(i) or (ii), the
Company's obligations to the insured under this policy
for the claimed loss or damage, other than the pay-
ments required to be made, shall terminate, including
any liability or obligation to defend, prosecute or con-
tinue any litigation.
7. DETERMINATION, EXTENT OF LIABILITY AND
COINSURANCE.
This policy is a contract of indemnity against actual
monetary loss or damage sustained or incurred by the
insured claimant who has suffered loss or damage by
reason of matters insured against by this policy and
only to the exlent herein described,
(a) The liability of the Company under this policy
shall not exceed the least of:
(i) the Amount of Insurance stated in Sched-
ule A, or,
(ii) the difference between the value of the
insured estate or interest as insured and the value of the
insured estate or interest subject to the defect, lien or
encumbrance insured against by this policy.
(b) (This paragraph dealing with Coinsurance
was removed from Florida policies.)
(c) The Company will pay only those costs, attor-
neys' fees and expenses incurred in accordance with
Section 4 of the Conditions and Stipulations.
B. 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 the parcels
but not all, the loss shall be computed and settled on a
pro rata basis as if the amount of insurance under this
policy was divided pro rata as to the value on Date of
Policy of each separate parcel to the whole, exclusive of
any improvements made subsequent to Date of Policy,
unless a liability or value has otherwise been agreed
upon as to each parcel by the Company and the insured
at the time of the issuance of this policy and shown by
an express statement or by an endorsement attached to
this policy,
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or re-
moves the alleged defect, lien or encumbrance, or cures
the lack of a right of access to orfrom the land, or cures
the claim of un marketability of title, all as insured, in a
reasonably diligent manner by any method, including
litigation and the completion of any appeals therefrom,
it shall have fully performed its obligations with respect
to that matter and shall not be liable for any loss or
damage caused thereby,
(b) In the event of any litigation, including litiga-
tion by the Company or with the Company's consent,
------.~_.....
remedies against any person or property necessary in
order to perfect this right of subrogation, The insured
claimSt shall permit the Company to sue, compromise
or set in the name of the insured claimant and to use
the name of the insured claimant in any transaction or
litigation involving these rights or remedies.
If a payment on account of a claim does not fully
cover the loss of the insured claimant, the Company
shall be subrogated to these rights and remedies in the
proportion which the Company's payment bears to the
whole amount of the loss,
If loss should result from any act of the insured
claimant, as stated above, that act shall not void this
policy, butthe Company, in that event, shall be required
to pay only that part of any losses insured against by
this policy which shall exceed the amount, if any, lost to
the Company by reason of the impairment by the
insured claimant of the Company's right of subrogation.
(b) The ComDanv's Riahts Against Non-insured
~,
The Company's right of subrogation against non-
insured obligors shall exist and shall include, without
limitation, the rights of the insured to indemnities,
guaranties, other policies of insurance or bonds, not-
withstanding any terms or conditions contained in
those instruments which provide for subrogation rights
by reason of this policy,
14. ARBITRATION,
Unless prohibited by applicable law, arbitration
pursuant to the Title Insurance Arbitration Rules of
the American Arbitration Association may be de-
manded if agreed to by both the Company and the
insured, Arbitrable matters may include, but are not
limited to, any controversy or claim between the
Company and the insured arising out of or relating to
this policy, and service of the Company in connection
with its issuance or the breach of a policy provision or
other obligation. Arbitration pursuant to this polley
and under the Rules in effect on the date the demand
for arbitration is made or, at the option of the insured,
the Rules in effect at Date of Policy shall be binding
upon the parties. The award may include attorneys'
fees only if the laws of the state in which the land is
located permit a court to award attorneys' tees to a
prevailing party, Judgment upon the award rendered
by the Arbitrator(s) may be entered in any court
having jurisdiction thereof,
The law of the situs of the land shall apply to an
arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the
Company upon request.
15, LIABILITY LIMITED TO THIS POLICY: POLICY
ENTIRE CONTRACT.
(a) This policy together with all endorsements, if
any, attached hereto by the Company is the entire policy
and contract between the insured and the Company. In
interpreting any provision of this policy, this policy
shall be construed as a whole.
(b) 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 by
any action asserting such claim, shall be restricted to
th is pol icy,
(c) No amendment of or endorsement to this
policy can be made except by a writing endorsed hereon
or attached hereto signed by eitherthe President, a Vice
President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Com-
pany,
16. SEVERABILITY.
In the event any provision of the policy is held
invalid or unenforceable under applicable law, the policy
shall be deemed not to include that provision and all
other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and
any statement in writing required to be furnished the
Company shall include the number of this policy and
shall be addressed to the Company, Attention: Claims
Department, 114 East Fifth Street, Santa Ana, California
92701,
.
.
CITY OWNED PROPERTY
COUNTY IDENTIFIER: *PARTIAL ACQUISITION. PASCO COUNTY PROPERTY
APPRAISER WILL ASSIGN NEW 'PARCEL I. D.
ATLAS PAGE: N/A (PASCO COUNTY)
LOCATION: ACCESSED FROM NORTH SIDE OF MITCHELL BOULEVARD, JUST WEST
OF TRINITY OAKS BOULEVARD
SHORT LEGAL: A PARCEL OF LAND LYING IN SECTION 27, TOWNSHIP 26
SOUTH, RANGE 16 EAST
DIMENSIONS/ACREAGE: 100 x 100 (FEE SIMPLE INTEREST)
PLUS 15' WIDE PERPETUAL ACCESS EASEMENT
SURVEY?: YES
BY: BERRY LAND SURVEYING, INC. DATE: 4/28/99
VALUE: $42,000
APPRAI SAL?: YE S
BY: JAMES M. MILLSPAUGH, MAl
DATE: OCTOBER 27, 1998
SPECIAL USE (IF ANY): VACANT COMMERCIAL LAND TO BE UTILIZED FOR
CLEARWATER GAS SYSTEM GATE STATION CONNEC'I.'ION TO FLORIDA GAS
TRANSMISSION PIPELINE TO SERVE ITS PASCO DISTRIBUTION NETWORK.
ZONING: INDUSTRIAL (PASCO COUNTY)
SELLER: ADAM SMITH ENTERPRISES
PURCHASE PRICE: $35,500
CLOSING COSTS: $469.13
APPROPRIATION CODE: 353-96315-560100-532-000 (CGS CODE)
ACQUISITION DATE: MAY 28, 1999
TITLE INSURANCE: FIRST AMERICAN TITLE INSURANCE COMPANY
POLICY NUMBER: (WILL BE PROVIDED UPON RECEIPT)
CLOSING AGENT/FILE NO.: 105262-4-9
O.R. BOOK/PAGE (DEED): 4161 / 0830 (WARRANTY DEED)
(EAS.): 4161 / 0833 (PERPETUAL ACCESS & UTILITY &AS.
RESTRICTIONS/REVERTER: None
COMMENTS: Vacant parcel and access easement directly from ~tchell
Boulevard, New Port Richey, acquired by Clearwater Gas System for
purposes described above.
COP.ewb
,
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CLOSING PACKAGE
SELLER:
ADAM SMITH ENTERPRISES, INC" a
Florida corporation
BUYER:
CITY OF CLEARWATER, FLORIDA, a
municipal corporation of the State of
Florida
PROPERTY:
See Exhibit "A" attached to the Statutory
Warranty Deed
PURCHASE PRICE:
DATE OF CLOSING:
$35,500.00
May 28, 1999
* * * * * * * * * * * * * * * * * * * * * *
INDEX
:::::::::::::i::i:ii:::::::::::i:iiiiiiiiii:i::::::::::::::::i::::i::iii:iiiiIIi:':::i:i:ii::::i:::::::::i:i::i::iI:i::i:iijl)o.OUMENts.iIIiIi:I::::i:i::::::::iiiiiiiiiii:iiiiiii:iiiiiiiiiiiiiiiiiiiiiiiiiiiiii:iiiiii::iiiii:i:iiiiiiiiiiiiii::iiii:i::::::::::: ,:i::::lmWNAf:iI :::::i:isBmYi:::::::
........................................................................................................................................................................ ...........-..-.-..-...........
...,..'....,.........,.....,...,........................................................................................................................................'.........'.........'.................-.............................-.-..,'...-...-.-..................................................,.,.......-..................... .-..............................
...............................
........................................................................................-...--_....-....--_............................................................. ...--...-.-.-...................
1 Contract for Purchase of Real Property by the City of X
Clearwater, Florida
2. Certificate of Good Standing - Adam Smith Enterprises, X
Inc,
3, Partial Release of Mortgage - SunTrust Bank Nature X
Coast
4, Partial Release of Memorandum of Agreement X
5. Resolution - Adam Smith Enterprises, Inc. X
6, Affidavit of No Liens X
7. Seller's Closing Statement X
8. Buyer's Closing Statement X
9. Transfer Form regarding Item #1 0 X
1 o. Statutory Warranty Deed X
1 1 Transfer Form regarding Item #1 2 X
1 2. Access and Utility Easement X
1 3. Survey X
1 4, Title Commitment X
.
.
15.f~~~:w-----~ece/~
To h~ ~ded t4r
Adam Smith Enterprises, Inc., a J
Florida corporation t.Ar~ dAle".
6?
~ -K-"
Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A.
PREPARED FOR:
x
City of Clearwater
6/4/99 10:31 AM
33008,100650;CLG (d-1)
#187527,02
2
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CONTRACT FOR PURCHASE OF REAL PROPERTY
BY,
THE CITY OF CLEARWATER/ FLORIDA
PARTIES: ADAM SMITH ENTE~PR:rSES/ a Floddn Corporation (herein !'selle.r"), of 43309 U.S.
High\olilY 19 North, Tarpon Springs, Floridq 346B8.,.,6E;i08Phone: (721) 942-2591, and the erT'x'
OF CLEARWATER, FLORIDA, aMunicipa~ corporation of' the .5ta1;.e of Florida (herein "Buyer" or
"City") of P. O. Box 4746, Clearwater, ,Florida 34618-4748," ATTENTION: Jim Lewin, Assistant
Director, Cle~rwatel: Gas SY$ tern/Gas Marketing & Plannin~1 Phone: (727) 462-6340
(collectively "Patties") hereby oIlgrae thdt the Se:llel shall Sf;} 1 and Buyer shall buy the
foJ.lowing re.tl proper~y ('!r~el'l~., rroperty"l .lIld personal property ("Personalty")
(collectively "I?roperty") upon tt)e ~ollo\olin9 te~ms ami conditions.
THE "EFFECTIVE OATE" OF THIS CON~CT IS THE DA~ OF E~CUTION BY DULY
AUTHOR1ZED CITY OFFICIALS, TIME IS or THE ESSENCE IN THIS CONTRACT.
Time pe~iods of 5 days o~ less shall be computed w~thout inoluding
Sa.turday, Sunda.y, o~ nat.ional legal holidaysa.nd any til'l\E! period ending
on a Saturday,Sunday or national legal holiday shall b~ extended unt.il
5:00 P.M. of the next business day,
1. PROPER~Y DESCRIPTION: The fee simple interest absolute in a 100' X 100' vacant parcel
of land, conta.in~nq 0.229 Acre5, more or ~ess, being situat.e in
Section 21, Township 26 South, Range 16 East, Pasoo County,
Florida, together with a 15' wide perpetual acoess and utility
easement, containing 0.245 Acres, more O~ less, being situate in
section5 26, 21 and 35, Township 26 South, kange 16 East, PaSCo
county, E"lorida, all as legally described in EXHIBI'J:' "A" attached
hereto and made a part hereof.
PERSONALTY: NONE TO a~ CONVEYEP.
2. FULL PURCHASE PRICE
. " . . . . . . . . . . , . ... .. . , , . . , " .. . . . . . ~ . r . . . . . , , ~ . . . . .
$--
35,500.00
3. MANNER OF PAYMENT: City of Clea.cw~ter che.:::k in u.s. funds at time
of clOSing .....................,............. $
35,500,00
4. DETERMINATION OF PURCHASE PRICE
The Full Purchase Price ~s shown herein ha$ been reached through negotiations with the
Seller b~ [Xl City staff ( ] 8rokeE R~ting as Ag~nt of the [ J City ( 1 Seller.
5. TIME FOR ACCEPTANCE; APPROVALS
Following e~ecution of this cont:ract by Seller, the price, terms and conQi tions as
cont~)ined hel:ein shall temain \WChill1ged <lnd be helr! ullcontiitianally open for. a period of
60 days follo\>ling delivery in duplicate origin~l to Eciz:1Barrett, Real Estate Services
Manager of the City of Clearwater for ac(:epci'lnr:e: i.'Ind c'lPPJ;oval or l;ejectioYl by action of
the Clearwater City Commis$jiol1 ("Comm1:'lsion"). If thi.o:i \~g.recmellt. ~s a,:c:ept:.ed and approved
by the Commissioll, i t w~ll be ei(ecllt:ed by duly ,~uthoL izeo CityorUdals and delivered to
BUYQl: wi,bin 10 clay's there~ftar. If tl1is conUrlr::t is l:"',lH~:r,cd by 1;hc C~ty Commission upon
H.!, initi<'lJ. prC:8ent~t:;ion to the Commi:'l:'lion, thi:, ,:onl.tcll;C: shall be null and void in all
respects and Buyer shall be so informed 1n writir19 within 5 days of such action.
6. TITLE
Seller warrants legal capacity to and shall conveym~rketable title to the Property by
Statutory Warranty, Trustee's, Personal Representative's or Guardian's Deed, as
appropriate. to tpe $tatu5 of Seller, subject only to lllcn::te:rs contdned in Paragraph 7
acceptable to Buyer. Otherwise; title $hi.ll be f~ec: of liens, easements and encumbrancers
af record or known to Seller, but suhject to covenant5,rcstrictions and public utility
easements of reC:Qxd; nnd NO OTHER MAT'1'ERSI provj.c1ed t.ha!t;: e>:ist$ at clOSing no violation
of the to;regoin~ and none of them prevents BUye:r' l5ill~-=ncled U$I-) 9f the Property as a
natural gas clist~ibution Pumpin9 ,sta\:.ion. SellF.lI; \oI<lr rtllH',$ and l::ap.l:esents that the.re is
ingrF!~$ And e~Jrp.$s to the Real Property ~uffj.cit<:nt f{lr, the incended u$t;! as described
herein.
7. ~ITLE EVIDENCE
Buyerl ~t Buyer option and expense shall have the privilege prio~ to closing to obtain
a title insurance commitment iS5ued by 'I Florida licensed titleihlilurer agreeing to liens,
encumbrances, exceptions or qualificntiol\S set forth inth1s Contract, and those which
:;hHll be di~char~fed by Seller fit or before closing, Seller shall conveY a marketable
t.iclr. subject only to liens, encumbrilncc::., e>:\:;r.!:ptiOl\:'i or q\l<llif1c::ations set forth .i.n this
Contrac~t. M.:u:kl:lt.Jlble titltr, shall lll~' dctf.;rlTIillt1d.~LJI';lJld,lng to <'Ipplicable Title SlMldill'ds
adopteel by The florida ,B~.r .:\l1d ill ~lr~'::ordE\nl:;E: with l.~w. Buyer shall not:.i.fy Seller in
writing not lacer than 5 d~Ys priol tqclosing If titl~\6 found detective, specifically
f"~':fe l()f. 5
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ci.ting any defect/s), If the detect/s) render title unmark~tabJ.e, Seller will have J.20
days from receipt or notice within which to remove the defect (s) r failing which Buyer
shall have the o.ption of either acc::epting'i;he tj,tle i\si,t"'th12f is o~kWi.thdrawing ftom this
Contract. Seller will if title is tauna unmarl<etao e, IDa e dflLaen:t effort
to correct defect(s) in title within the time provided therefore, but sh~ r,not Be requIred
e, SURVEY to file suit.
Seller, at Seller expense, within time allowed to deli ver evidence of title and to
examine same, shall have Real Property surve:ved and certified to the Buyer and closing
agent by a registered Florida land sUJ:'veyor. If survey shows any encroachment(s) on Real
Property, o~ that improvements located on Real property encroach on setback lines,
e~sements, lands of 'others, or violate any restrictions, contract covenants or applicable
governmentn1 regulation, the same ~hal1 constitute <I ti cle defect; The survey shall be
perl:ormed to minimum technicalstanquQ,$ of Chaptl'.!l: 6!G17...6, norida Admin1strative Code
and may include a description of the' pl:'operty un(l~r the Flor.i.da Coordinat~ System as
defined in Chapter 117, Florida Statutes.
9. CLOSING PLACE AND DATE
I ) Sellar (Xl Buyet shall designate closing ~gent and thi$ transaction shall be clo$ed
in the offices of the designated closing agent in ai ther PinellOls or Pasco County,
Florida, on or before 90 days following 'the effeotive date, unless e>etended by other
prOVisions of this contrac:t, If either party is unable, to comply with any provi.sion of
this contract within the time allowed, and be prepared to close as set forth above, after
making all (easonable and diligent efforts to cornply, then upon giving written notice to
the other party, time of closing may be eKtended up to ~ days without effect upon any
other term, covenant or condition contained in this contract.
10, CLOSING DOCUNENTS
Seller shall furnish deec;i, bill of snle (if applicable), mechanic:' s lien affidavit,
assignments of leases, t~\1ant and lJl9rtgage estoppel ;Letters, and couecti ve in:;l truments.
If seller is a corporation, Seller '~l'lall deli vel: a resolution or its Boa;d of Direct:ors
authorizing the sale and delivery of the deed and certification by the corporate Secretary
certifying the resolution andsett~ng forth facts showin9 ~he conveyance conforms with the
requirements of l.ocal law. Suyar shall furnish closing statement.
\ 11. CLOSING EXPENSES
Documentary stamps on the deed, unless this transaction is exempt LInder, Chapter 201.24.
Flot"ida Statutes, shall be paid by the Selhr. Sellar shall' also pay the costs of
~ecording any corrective instruments. Recordation of the deed shall be paid by Buy~r,
12, ~RORATIONS; CREDITS
Taxes, assessments, rent (if any) an~ other revenue of the Property shall be prorated
through the day befOre closing, Closing agent shall collect all ad valorem taxes
uncollected but due through day prior to closing and deliver same to the Pasco County Tax
Collector with notification to thereafter exempt the Property from taxation as provided in
Chapter 196,012 (6), Florida statutes. If the amount of taxes and assessntents for the
current. year cannot be C\sc:ettained, rates tor the preVious year shall be, used with due
allowance being mada for improvements and exemption$. Assessments for a.ny improvernf!nts
that are substantially complete at time of closing shnll be paid in full by Seller. Seller
wa.rcal1ts that there are no parties in occupancy other than the Seller, or as otherwise
d~sclosed herein.
13. ~ROPE~TY CONDITION
Seller shall deliver th~ Prop!3rty tt) Buyer at timeClf closing in ;l,t:.S present "as is"
condition, ordinary wear .and tear exceptP.cJ, and shall m<1~nt:ain the grounds in a comparable
condition. If improyedrti.th a struct.to:e, or structu,r;'es, all appliances, plumbing and
irrigation. Seller makes no further warrantie.!:j other chan as disclosed herein in Paragraph
18 ("SELLER WARMNTIE;S") and mar!tetabll1tyof tit1,e, Buyer I s covenant to purchase the
property lias is" is mo:t:'e specifically repxesented ;l,n. either subpaxagraph a. or b. as
marked 0<1.
a~ [ ) As Is: Buyer has inspected the PrOperty o~ waives any right to inspect and
accept.$ the Pro;>erty in its present "iHI is" condition.
b, (Xl As Is With ~ight of Inspect-ilm: Buyer m<lY, .H Buyer expen$e' and withill 60 day~
frOm Effective, Date ("Inspection Period"), conduct inspections, tests,
environment:al and any ocher :l.l1vestigatio/l$ ()r t\1e Property Buyer deems
necessary to determine suitability foe 8uye~'s intended Use, Seller shall grant
rp.asonnble access to the Property to Buyer, its agents, contractors ~nd assigns
for the purposes of conduct~ng the in$pe~t1ons provided, however, that ~ll such
persons anter the Property and conduct the ~nspection$ and investigations at
their own risk, 5ell~r will, upon re~$onable notice, provide utilities services
as m~y be required for Buyer'sin5pe~tionR ~nd iZlvestlgations. Buyer shall nor
engage in any activity that could !esult 1n a mechanics lien bein9 fil~d against
the property without Seller's prio~,writt~n l~onsel1t. Buyer may terminace this
contract by written notic$ to Seller prior rCJ expiration of the Inspection
Period if the inspections and/or investigaLions reveal conditions which ace
reasonably unsatisfactory to Buyer, unle$~ Seller elects to repair or otherwise
Page 2 of 5
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remedy such conditions to Buyer $~tisfaet~on; or Buyer, at it~ option, may elect
to accept a credit at closing of the tot~l est1~ated repair and remediation
costs as determined by a licen$ed geller~l contr~ctor and/or specialty contractor
of Buyer's selection and expellse:. If this,transacr.lon does not close, BuyeJ:
agree$, at Buyer expense, to repair all d~mRges tD the property resulting fJ:om
the inspectlonsand investigations and restote the Property to its present
condition as isreafSonably possible.
14. WALK-THROUGH INSP~CTION
~..~t., ~ L~I,,~ rhllttl...lly ..."'.....".:.ble Lortwe.... tl." p,.... t.1c!..!, L...tlloL l",ter Ll'<l" tI,e J",y pLlv:L -eo
t.leeifl~, BUye.E )flay scmh:let a f1n&1 "~alk tl..tctlql.'" in.ep.!.etiol'l of ~he Pl::opertl1 to cl..eel::ll<l..e
€eml!>lial'\ee l:ith Bfl)t B'dYE.E oeliqatliens l:1l'ld:,}: ..J?aEa{J:E:apl. 13. N6 I'l~l>( i.lo.:lt1~" m.y b~ ..aiJ"d, as a
re~ult ef the \:alIL Uu:e~h.
15, SELLER HELD H~LESS
Suyer is self j.nsu.red, and subject to the limits and res t.rictions of the flo.ridCl
Soverei~n immunity statut&, F, $. 7Se.26, ~yre~s to indc~lify and hold hatmless the Seller
f/::,om claims of injury to persons or property during t.he il1spect~ons and investigations
describad in paragraph 13 (b) resulting from Buyer's' own negligence only, or chat of its
employees or agents only, subject to the J,imits(l.nd rest~ictiol1~' of the $overeign inununit.y
statute.
16. PROCEEDS OF SALE; CLOSlNG PROC~DORE
The deed shall be recorded upon clearance of funds, Proceeds of sale shall be held in
escrow by Seller's attorney or by such othe~ mutually accep~ablee$crow agent for a period
of not lon~er than 5 days from and aft.H c10$1I1CJ, rturlng which time evidence of titlE!
3hi'\l~ be continued at Buye.r':$ expense to ~how title 1.1; Buyer, without Ciny encumbrances en
C;hnYHJf: which would .render $ellF.:r'5 titlr= unrnark",t:nble from- the d~te of the last title
evidence. If Seller's title is rendered unm~~ket"bl~ througll no fault of th~ Buyer, Buyel
sha..ll, wi thin the 5 day" pedod, not;i fy che Sell.::! in wri t1ng of the defect and Seller
shall have 30 days from the date of receipt of such notification to cure the defect, If
Seller fails to timely cure the defect, all funds paid by or 01) behalf of the Buyer shall,
upotl wtitten demand made by Buyer and within 5 days after demand, be ratu~ned to Buyer Clnd
simultaneously with such repayment, Buyex shall return Personalty and vacate Real Property
and ~econvey it to Seller by $pecial w~rranty deed, If Buyer fails to make timely dem~nd
for refund, Buyer shall taka title "fiS is", waivinSJ pJ.l rights against Sellar as to ~ny
intervening defect eKcept as m~y be av~ilable co Buy~r by virtue of warranties contained
in the deed. The escrow and closing procedure required by this proviaion may be waived if
tit.1e agent insures adverse matters pu!suiilnt to $Ii:ction 627.7841, I;,S. (1967), as amended.
17. OEFAUL'l'
If this trans",otion is ntH: clo!;i\!d due I~Q ;allY; default or f..ilure on the part of t;.hE!
Se~ler, other than to make the tir.le marketable afr.er diligent effon, Buyer may seek
specific petformance or unilaterally qancel this ~9ra~ment upon giving written notice to
Seller, If this transaction Is not closed due to any default at failure on the part of th~
Buyer, SeUer may seek specific performance. If.a 'Broker is owed a brokerage fee
regarding this transaction, the defaulting party shall be ~iable for such fee.
la, SELLER WARRANTIES
Sf.!ller warrants' t:hat there c'lre no fac;r.s known t.tl Seller that "",,ould materially efrect
the v,dlle of the: Prop"'.l:ty, or wJ'I,ic:h woqlcl be det,r;,j,lI)elltal ~o the t'I.operty, or which would
effect Buyel:' s desire to purcha$f: the p!(lperty exr.:b:pL as t:ollows: NONE
19. RADON GAS NOTIFICATION
In al;:cordance with provisions of Section 404,056(B), Florida S~atutes (19B9), as
<llYl€mded, Buyer is he:teb~ infotmed as rollows;
RADON GAS: Radon is a natu.rally occurring rl'ldioacqve gas that, when it
has acc;:umulated ;i.na builcling in sufficient quanti t~E!S, may present
health ri$ks to persons who are eXPQsed to it oyer time. Levels of radon
t.hi\t ext';eed federf\~ ~Ild staCt? Cjllide-lin,::!;I h,wt:' h,~r.:ll foulld in buildinCjs in
nodda. Add1t1ol1C\l informat:;h)11 r'!l~llucii.II~1 r.~dnll Illlcl J:i1r!C)t1 testillCj may be
obtained from your county public health unit.
:2 0, CONTRACT NOT RECORDABLE 1 PERSONS BOUND
Neithet this conttact nor any notice of it sha~l be re~orded in any public records.
This contract shall bind and inure to the benefit of the part:ies and their successors in
interest. Whenever the conte~t permits, singuli'lt" shall includE!! plural and one gender
shall include all.
21, NOTICE
All notice~ ptovided for her~in $h~ll be deemed to h~ve been duly given it and when
dE:posited in the United States M<'t.i.l, propt.:rly st.<)mped and .addressed to th@ respective
party to be notified, including the parties to thil ~ol1tact, the parties attorneys, escrow
agent, inspectors, cont~actorsand all others who will~n any way act 4t the behest of the
parties to sEltisty all turns ,Clnd conditions of this Ct~lltrillct.
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22. ASSlGNABILITY; PERSONS BOUND
This contract [)C) ;l..s not ilssignable [ J 1s assignable. The tetms IIBu~er", "Seller",
and "Broker" (if any) may be singular or plur(\l, ,TI'i.'.l" Contract is binding upon Buyer,
Seller, and their hei.rs, pEluonal rep1:eSel1t:i:p:ives, ,~1Ucce':;.$I.'l%:S and assigns,iif assignment.
is petmitced) ,
23. ATToRNeY FEES; COSTS
In any litigation ari$ing out of thie contra~t, the ptevailing part~ $~all be entitled
to recover reasonab~e attorney's fees and costs.
24, TYPEWRITTEN OR HANDWRI~TEN PROVISIONS
Typewritten or handwritten provisions shall contro). all printed provisions of contract
in conflict with them.
25. NO BROKER
Seller and Buyer repre!;lent and agree they have dealt wi th, no Broker or Under in
connection with che transact;J.ons contemplated hereby. Seller and Buyer further agree to
indemnify the other from any dam~ge, liability or ~xpe"se either may suffer as a result of
any claim of a Broker or finder with whom it is determined th~t the other party has dealt
with in contrelvention of this ag.t:eement/ except, however, that total City obligatiolis
under this prOVision shall be subject \:0 thF.l limits And reJJt.rictions of the norida
JJovereign ~mmunity statute, F.S. 768.28.
26, EFFECT OF PARTIAL INVALIDt~Y
The invalidity of any provision of this contract will not and shall not be de~med to
~ffect the valicli1;y of any other provision. In the event that; any provision of this
contract is held to be invalid, the parties agree that the .t:emaining provisions shall be
deemed to be in full force and effect (\!i if chlitY had bflf.en executed by bot.h parties
subsp,q\lent to the expungernent of thr~ inv(\] iel provisil)ll,
27. GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed
by, construed, and enforced in accold~nce with the l~ws of che Stat~ of Florida.
28. COUNTt:RPARTS; i'~CSIMILE copy
This contract l1'Iay be executed in two or more CQUI"!terpart:s, each of which shall be
deemed an original and all of which t0ge~her shall constitute one instrument. A facsimile
copy of t.his contract, including any addendum, attachments 2lnd any written modifications
hereof, and any initials or signature tha.r:eon shall bac1eemedan original.
29, EXHIBITS ATTACHED
EXHIBIT "AN (Legal Descriptions) ie ~ttached I,ereto and m~d~ a part of ~his conctact.
30. ENTIRE AGREEMENT
Upon P.XAr:\!t.i.on by Seller .'11'1(1 Buyer, l:lIi,.'1 cnllLr"lct Sih."ll constitute t:he: entir.f1
ClgreElment between the parties, shall supersede i'lny and ".u. prio.r and contemporaneous
wri tten and oral pJ;omises, representati9n.s, or conditions in respect thereto. All pdor
negotil\tions, MJreements, memoranda and wr~ ti,ngs shall. be merged herein, A.ny changes to
be made in this asrreement shall onlybi;l valid when expressed in w.t;iting, acknowledged by
the parties and incorporated herein or attRch~d he.reto.
THIS IS INTENDED TO 8E A LEGALL~ BINnING CONTRACT. IF NOT FULLY UNDERSTOOD,
SEEK THE ADVICE OF, AN APPROPRIATE PROFESSIONAL FOR L~GAL, TAX, eNVIRONMENTAL
AND OTH~R SPECIALI~ED ADVIce PRIO~ TO SIGNING,
seller:
Adam Smith Enterprises, lnc.,
a Florida Qorporation
D.te:4C1~
59-2597300
T~X Identification Number
Feige 4 of 5
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~e: Contract rot Purchase of Real Ptoperty
Seller: Adnffi Smith Enterprises, Inc.
Situs: Fee & Easement Par~els in $ec, 27, et al
Twp. 26 South, Rng, 16 East, Pasco county
r ] APPROVED AND ACCEFTED this il)r day of ~
Approved as to form aod
le9a1 sufficiency:
~~~~
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John Carassas, Assistant City Attorney
A,j,11I1 :.11111 1:11 AqL'''','/pwl''l J "l~
ATTEST;
NU, b881
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! 1999.
CITY OF CLEARWATER, FLORIDA
By:
~
Michael J. RoberCo, City Manager
.Ibf/.~~,J".~
r CynohlO E'. Go"oe~' Clerk
Pn9~ 5 of 5
_ . M,AR. 8. 1988 4: jbtIVl
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EXtjl~IT "Au
Leaal Descriptions: Fee and Easement Parcels
DescriDtlon: 100' X 1001 Fee ParG.,1
A parcel of land lying in Section 27, Township 26 South, Range 16 East, Pasco
County, Florida, being more particularly described as follows:
Commence at the Southeast corner of Section 27, also being the Northwest
comer of Section 35,Township 26 South, Range 16 East; thence along the east
boundary of the Southeast ~of said Section 27, NOoo45'21"E., a distance of
259.25; thence NB9014'391W1 a distance of 55.91 feet to the POINT OF
BEGINNING; thence continue NB9014'39nW, a distan~e of 100.00 feet; thence
Sooo45'21*'W1 a distance of 100,00 feet; thence ,S89l,\14'39nE, a distance of
100.00 feet; thence NOQo45'21BE, a distance of 100,00 feet to the POINT OF
BEGINNING.
Containing 0.229 Acres, more or less
Descriotion: 151 wide access & utility easement
.
An access and utility easement lying in Sections 26, 2"1 and 35, Township 26
South, Range 16 East, Pasco County, Florida, being more particularly described
as follows:
Commence at the Southeast corner of Said Section 27, also being the Northwest
comer of said Section 35, Township 26 South, Range 16 East; thence along the
west boundary of the Northwest ~ of said Section 35, SOQD29'06"W, a distance
of 320.00 feet to a point on the North right-of~way of Mitchell Boulevard as
recorded In Official Records book 1533; thence continue SB9029'3BnE along said
North right-of-way a distance of 113.87 feet to the POINT OF BEGINNING;
thence leaving said North right~of~way, North a distance of 227.11 feet; thence
West a distance of 95.11 feel; thence N09f142'21-W, a distance of 95.25 feet;
thence N3900B'44"W1 a distance of 87.16 feet; thence NOoo45'21"E, a distance
of 192,37 feet; thence SB9014'29-E1 a disl~nceof 15.00 feet; thence
SOOD45'21"W, a distance of 186.94 feet; thence S39008'44-E, a distance of
87.16 feet; thence S09042'21-E, a distance of, 86.54 feet; thence East, a
distance of 97.46 feet; thence South, a distance of80.55 feet; thence East, a
distance of 15.00 feet; thence South, a distance of 15.00 feet; thence West, a
distance of 15.00 feet; thence South, a distance of 146.29 feet; thence
NBoo29'38-W, a distance of 15.00 feet to the POINT OF BEGINNING.
Containing 0.245 Acres, more or less
~..
.J
....' __ ~ J
.
111.11111111111111111111I111111111111111111
99068701
(I)
THIS INSTRUMENT PREPARED
BY AND RETURN TO:
E, D, Armstrong III, Esq, ~"..., ,
Johnson, Blakely, et al.
p, 0, Box 1368
Clearwater, Florida 33757
Rcpt: 331757 Rec:
DS: 0.00 IT:
06/01199
15.00
0,00
Dpty CIerI-
Fi ';'.
I
JED PITTMAN, PASCO COUNTY CLERK
06/01/99 11:33a. 1 of 3
OR BK 4161 PG 820
PARTIAL RELEASE OF MORTGAGE
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, ADAM SMITH ENTERPRISES, INC., a Florida corporation,
("Mortgagor"), by the following, mortgaged unto SUN BANK AND TRUST COMPANY,
a banking corporation organized and existing under the laws of Florida, now
known as SunTrust Bank, Nature Coast ("Mortgagee"), the premises therein
particularly described, to secure the payment of the initial sum of One Million Seven
Hundred Fifty Thousand and 00/100 Dollars ($1,750,000.00), together with interest
therein mentioned, (Mortgage described in (a) below), and to secure the payment of the
initial sum of Three Million One Hundred Thousand and 00/100 Dollars ($3,100,000.00),
together with interest therein mentioned, (Mortgage described in (b) below):
(a) Mortgage and Security Agreement dated November 23, 1987, recorded
November 25, 1987 in Official Record Book 1659, page 1966; modified in O. R. Book
1838, page 1067; O.R. Book 1955, page 1827; 0, R. Book 1966, page 1602; 0, R.
Book 3228, page 1327; all of the public records of Pasco County, Florida; and
(b) Mortgage and Security Agreement dated November 23, 1987, recorded
December 4, 1987 in Official Record Book 1662, page 388; modified in 0, R. Book
1838, page 1067; 0, R. Book 1955, page 1827; O. R. Book 1966, page 1602; all of the
public records of Pasco County, Florida,
NOW THEREFORE, Mortgagee, in consideration of the premises and of the sum
of Ten Dollars ($10,00) to it in hand paid, on behalf of Mortgagor at the time of the
execution hereof, the receipt whereof is hereby acknowledged, does remise, release,
quit-claim, exonerate and discharge from the lien and operation of the above Mortgages
unto Mortgagor, its, successors and assigns, that certain portion of the premises
conveyed by said Mortgages, more particularly described in Exhibit "A" attached hereto
and incorporated herein by reference,
TO HAVE AND TO HOLD the same, with the appurtenances, unto Mortgagor, its
successors and assigns forever, freed, exonerated and discharged of and from the lien
of said Mortgage, and every part thereof; provided always, nevertheless, that nothing
herein contained shall in anywise impair, alter or diminish the effect, lien or
encumbrance of the aforesaid Mortgages on the remaining part of said mortgaged
~, -- .
.
Of. 416. 1 PG B21
2 of 3
premises, not hereby released therefrom, or any of the rights and remedies of the
holder thereof.
sJ IN WI,TJff~,WHEREOF. Mortgagee has hereunto set its hand and seal this
~ day of ' ,1999.
Signed, sealed and delivered
in the presence of:
MORTGAGOR:
SUN BANK & TRUST COMPANY,
a banking corporation organized
and existing under the laws of Florida,
now known as SunTrust Bank,
Nature Coast
-
~'7 _
By:4 .,". "
Print Na~~~",'
As: ...v"'ID/t Y';u Q~~
STATE OF FLORIDA )
} )
COUNTY OF _lfLktfJ )
gr
The foregoing instrument was acknowledged befor~ me this di day of
, 1999, by .lJfu/1 D.J. ?V' (~S (.. I ,as
t(/ ~ ~ I eN( of SUN BANK AND RUST COMPANY, a banking
corporation organized and existing under the laws of Florida, now known as
SunTrust Bank, Nature Coast, on behalf of the corporaticn. He [is personally known
to me] OR [has produced a Florida driver's licens~s identification].
j,~ LU[ ~J(/lG jt~r1LA:-1---
Notary PUbliqjL" , :r
Print Name: ItLLL rlt/Vl 'JIG YYlbY.
My Commission Expires:
Exhibit "A" - Legal Description of Property
5/6/99 3:01 PM
33008,100650;CLG (d-1)
#185217
~'~"-. Maureen Schmer
*ir *My COfT'mission CC740142
'\"",,:.' Expires November 3,2000
2
~
.
111111111.11111111111111111111111111111111I
99068702
'1
Rcpt: 33i757 Rec:
DS: 0.00 IT:
06/01/99
33.00
0.00
Dpty Clerli
P \
)i
THIS INSTRUMENT PREPARED BY
AND RETURN TO:
E. D. Armstrong III, ESq..~;....:: ..
Johnson, Blakely, et a!. (. . \
P. O. Box 1368". .'
Clearwater, Florida 33757
JED PITTMAN, PASCO COUNTY CLERK
06/01/99 11:33a. 1 of 7
OR BK 4- 1 e,. 1 PG 823
PARTIAL RELEASE OF
MEMORANDUM OF AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, ADAM SMITH ENTERPRISES, INC., a Florida corporation,
JAMES P. GILLS, JIM MITCHELL RANCH, INC., a Florida corporation, D. DEWEY
MITCHELL, J. W. MITCHELL, JR. and MARY MITCHELL (collectively, ''The Parties")
by Memorandum of Agreement, dated the 13th day of June, 1990, and recorded in the
office of the Clerk of the Circuit Court in and for the County of Pasco, State of Florida, in
O. R. Book 1952, Page 1849 ("Memorandum"), encumbered the premises therein
particularly described to place notice on the Public Records of an Agreement entered
into between The Parties on June 13, 1990, concerning the development of the
premises encumbered by the Memorandum ("Agreement").
NOW THEREFORE, The Parties, in consideration of the premises and of the
sum of Ten Dollars ($10.00) to them in hand paid, at the time of the execution hereof,
the receipt whereof is hereby acknowledged, do remise, release, quit-claim, exonerate
and discharge from the obligations of the Agreement, as evidenced by the
Memorandum, their heirs, successors and assigns, that certain portion of the premises
encumbered by said Memorandum and Agreement, more particularly described in
Exhibit "A" attached hereto and incorporated herein by reference ("Release Parcel").
TO HAVE AND TO HOLD the same, with the appurtenances, unto The Parties,
their heirs, successors and assigns forever, freed, exonerated and discharged of and
from the lien of said Memorandum and Agreement, and every part thereof; provided
always, nevertheless, that nothing herein contained shall in anywise impair, alter or
diminish the effect or encumbrance of the aforesaid Memorandum and Agreement on
the remaining part of said premises, not hereby released therefrom, or any of the rights
and remedies of The Parties.
.
OR BK'1 e,. 1
2 of 7
PG
824
IN WITNESS WHEREOF, The Parties have hereunto set their hands and seals
this ~ day of (N. A'j ,1999.
Signed, sealed and delivered
in the presence of:
ADAM SMITH ENTERPRISES,
INC., a Florida corporation
t.ew-Friedtarrct Danie
Vice President
l.
~
By:
2
.
OR BA 1 e,. 1
3 of 7
PG 825
~r
9::~J7i~~1JJ~
~~~~Jdulf
Mary M~hell
STATE OF FLORIDA
COUNTY OF PINELLAS
IThe foregoing instrum~ntLw~..iil~~QQ).Xledged~c~f~re me this <27#\oay of
/f;(~~ ,1999, by tL~~- tEm..;\~, as / president of ADAM SMITH
ENTERP ISES, INC., a Florida corporation, on behalf of the corporation. He [is
personallv known to me] OR [has produced a Florida driver's license as identification].--
_ L_---.- /
- ~' ~J' '
" riAL/..{ j .1)J..lUA.~u. .
Notary pubrc
Print Name:
:',...I\y Ptl~ MARILYN J
~&~ COMMISSION' WlUlAMS
('> EX # CC 5165
~ ~ PIRES JAN 25 ro
"'.h: ~ ' 2000
'~OFf\l;j ATlANrJ BONDED THRll
C BONDING CO. IN<:
My Commission Expires:
3
.
OR .161 PG B2G
4 of 7
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this 27oJJ...,day of
/H~ ' 1999, by JAMES P. GILLS, who [is personally know!:!..!9 mel0R [has
produce a Florida driver's license as identificationf
'~J1Ja/L(iJ~)~~~~
Notary Public
Print Name:
0". &~Y Ptl~(:, CO~~~~l YN J. VllLt I'.\~'
~ (') SION ;, c( 51;:
~ ~~ EXPIRES JAN 25 ,.'
, ,f,"<(J~fI.:~' ~ruJJJNPfD Tlm\: '
.,. r~1:i '1. CO'M~S~lf~SNC
'., ,<~~l, .". EXPIRES CC 516579
.,' ,"..;;';....,'~ JAN 25 ~
'" ;\':'- BONDE' ~
~lIANT,C 80 D THRU
NOING co
.,INC
My Commission Expires:
STATE OF FLORIDA
COUNTY OF flz...st!b
)
)
)
The foregoing instrument was acknowledged before me this ~t day of
/tccu- , 1999, by D. DEWEY MITCHELL, as President of JIM MITCHELL
RANtH, INC., a Florida corporation, on behalf of the corporation, He [is personally.
~nown to I"!l~] OR [has produced a Florida driver's lie; s as identification].
)
!
ta Public
/) / ' ,\
Print Name: A en ~ ~ L.), Ut,-eI
I
My Commission EXPires:/~ /u 3
......~:r..~:I;.'"".... Renee D. Dyer
{!"h:, ,,:~ MY COMMISSION # CC799919 EXJlIRES
;..:.~:.: January 8, 2003
~j";; "",~~,: BONDED THI!\J TROYF,oIJN INsuRANCllNC.
'".fll'"
4
.
OR .4161
5 of 7
PG Bi2:7
STATE OF FLORIDA
COUNTY OF 'H <;' UJ
)
)
)
The foregoing instrument was acknowledged before me this c2b day of
f?L{!u.- . ,1999, by D. DEWEY MITCHELL, who [~ personally known to me] OR
[has pm~uced a Florida driver's license as identif~ 0 ].
- ~. I jf, A~~/~j
N tary Public
Print Name: [llJe~ i IJ. 6LIC r
I
.....,r;..~:r;:~.. Renee 0, Dyer
t.('ib\~ MY COMMISSION It C099919 EXPIRES
;.~.,~.jr: January 8 2003
"1.~p"'; .....~.. BONDED TH~U TROY FAIN INSU~ANCE INC
1'11'"
My Commission Expires: / /<(/o 3
STATE OF FLORIDA )
d/' )
COUNTY OF '0-t..tt ({{k. )
The foregoing instrument was acknowledged before me this ,j/ day of
L1>{tli.'1 ' 1999, by J. W. MITCHELL, JR.,. Wh,O. is persona. .IIY kno..,wn to me] OR
[has pr'~duced a Florida driver's license as identification].
~~',{/ d~cu
~'ot~ Public
Print Name: ;(t:-/)~~ I /). ()1er-
My Commission Expires:
i / t /03
.....;:;f.~'f~~. Renee D. Dyer
t.rJi,,'\.~ MY COMMISSION # CC799919 EXPIRES
;::;'~'!>"'= January 8, 2003
":(9r:,\~~~" BONDED TH~U TROY fAIN INSU~ANCE INC
5
.
.
OR BK 4 1 & 1
D of 7
PG
B2e
STATE OF FLORIDA
COUNTY OF hSl!tJ
)
)
)
The foregoing instrument was acknowledged before me this ::2/ day of
/JLa~ ' 1999, by MARY MITCHELL, who [is personally known to me] O. R [has
prod ced a Florida driver's license as identificatiOn]~ .' .
\t--- ;{ (. A'.t4,,_. /
ot ry Public
Print Name: Ke/Ji'e /,/), t)t/er
I
My Commission Expires: jE Iv 3
....'\~';f..~';U'",.. Renee D. Dyer
lfA~.J MY COMMISSION # CC799919 EXPIRES
-*. . -
~~:. .~: JanuOIY 8, 2003
'.l,i'.....:j~l BONDED THRU TROYFAIN INSURANCllNC
',Rfll\i\\
Exhibit "A" - Legal Description
2/25/994:23 PM
33008,99486;CLG (d-1)
0140450,05
6
.
.
EXHIBlT.A ....
OR BK 4 1 e,. 1
7 of 7
PG
82'9
DESCRIPTION: 100 FOOT X 100 FOOT FEE PARCEL:
A parcel of land lying in Section 27, Township 26 South, Range
16 East, Pasco County, Florida being more particularly described
as follows:
Commence at the Southeast corner of Section 27, also being the
Northwest corner of Section 35, Township 26 South, Range 16
East, thence along the East boundary of the Southeast 1/4 of said
Section 27, North 00 deg. 45'21" East, a distance of 259.25
feet; thence North 89 deg. 14'39" West, a distance of 55.91 feet
to the Point of Beginning; thence continue North 89 deg. 14'39"
West, a distance of 100.00 feet; thence South 00 deg. 45'21"
West a distance of 100.00 feet; thence South 89 deg. 14'39"
East, a distance of 100.00 feet; thence North 00 deg. 45'21"
East, a distance of 100.00 feet to the Point of Beginning.
,if"'"
.
.
CERTIFIED COpy OF RESOLUTION
OF
BOARD OF DIRECTORS
APPROVING SALE OF REAL PROPERTY
I, DAVID FORD, hereby certify that I am the Secretary of ADAM SMITH
ENTERPRISES, INC., a Florida corporation (the "Corporation") and that the following
is a true and correct copy of a resolution duly adopted at a Special Meeting of the
Board of Directors of the Corporation held on the .12 day of AlP, '/ ,1999, at
which meeting all of the Directors were present and duly signed a consent waiving all
requirements as to notice of call of such meeting and the holding thereof:
WHEREAS, the Corporation owns real property
situated in Pasco County, Florida, more fully described on
Exhibit "A" attached hereto and incorporated herein (the
"Property"); and
WHEREAS, CITY OF CLEARWATER, FLORIDA, a
municipal corporation of the State of Florida, has offered
to purchase the Property pursuant to a Contract for
Purchase of Real Property dated the 1 st day of March, 1999
(the "Contract").
NOW, THEREFORE, it is resolved that the President
or any Vice President of the Corporation and the Secretary,
if required, is hereby authorized, empowered and directed to
execute all papers and instruments necessary to accomplish
the sale of the Property pursuant to the Contract
IT IS FURTHER RESOLVED, that all prior action
taken by any officer of the Corporation in connection with the
Contract and the transaction contemplated therein is hereby
approved and ratified.
I further certify that:
1. The Corporation IS in good standing with all license, Income, and
franchise taxes paid.
2.
effect.
No proceeding for the dissolution of the Corporation is threatened or in
3. The offices and names appearing below are the correct offices and names
of the officers of the Corporation:
'I
.
.
OFFICE
NAME
President
Lew Friedland
Vice President
Daniel Aldridge
Secretary
David Ford
Treasurer
David Ford
IN WITNESS WHEREOF, I have affixed my hand as Secretary of the
Corporation and have caused the corporate seal of the Corporation to be affixed as of
the d.day of /11,,'(,1999. .4,t47~~
Secretary
Exhibit "A" - Legal Description of Property
5/6/99 2:51 PM
33008,100650;CLG (d-1)
#185220
2
"
.
.
EXHIBIT.A 4
DESCRIPTION: 100 FOOT X 100 FOOT FEE PARCEL:
A parcel of land lying in Section 27, Township 26 South, Range
16 East, Pasco County, Florida being more particularly described
as follows:
Commence at the Southeast corner of Section 27, also being the
Northwest corner of Section 35, Township 26 South, Range 16
East, thence along the East boundary of the Southeast 1/4 of said
Section 27, North 00 deg. 45'21" East, a distance of 259.25
feet; thence North 89 deg. 14'39" West, a distance of 55.91 feet
to the Point of Beginning; thence continue North 89 deg. 14'39"
West, a di~tance of 100.00 feet; thence South 00 deg. 45'21"
West a distance of 100.00 feet; thence South 89 deg. 14'39"
East, a distance of 100.00 feet; thence North 00 deg. 45'21"
East, a distance of 100.00 feet to the Point of Beginning.
c
..
.
.
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority duly authorized to administer oaths and
take acknowledgments, personally appeared LEW FRIEDLAND, who, being first duly
sworn, deposes and says that:
1. He is the President of ADAM SMITH ENTERPRISES, INC., a Florida
corporation ("Adam Smith").
2. Adam Smith is the owner of the real property located in Pasco County,
Florida, as is more particularly described on Exhibit "A" attached hereto and
incorporated herein ("Property"). The Property is now in possession of Adam Smith,
and there is no other person or entity in possession of the Property or who has any
rights or tenancies to the Property.
3. No Notice of Commencement affecting the Property has been executed,
recorded or posted by the undersigned, on behalf of the Corporation.
4. The Property is free and clear of all liens, taxes, encumbrances, and
claims of every kind, nature, and description whatsoever, except for real and personal
property taxes for the year 1999, and matters shown on Title Insurance Commitment
No. 105262 issued by FIRST AMERICAN TITLE INSURANCE COMPANY, through its
agent JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P.A. (collectively,
"Title Company").
5. The undersigned, on behalf of the Corporation, knows of no state or
federal judgment or lien of any kind or nature whatever against the Property.
6. There has been labor performed on and materials furnished to the
Property within the past ninety (90) days, at the direction of the Corporation, for which
payment in full has been made; there are no claims whatsoever of any kind or
description against the Property for which liens could be filed according to the statutes
in such cases made and provided; and no informal notice of claim has been received by
the undersigned, on behalf of the Corporation, including without limitation unrecorded
labor, construction or materialmen's liens against the Property.
7. The undersigned, on behalf of the Corporation, hereby warrants that the
undersigned, on behalf of the Corporation, nor the Corporation, have received any
notice of any public hearing regarding pending or future assessments for improvements
by any governmental agency and there are no unpaid or pending bills, assessments or
liens against the Property for sanitary sewers, paving, utility installation, service or other
improvements made by any public utility or governmental agency, whether or not such
.
.
assessments appear of record. The Property is subject to a homeowner's association;
however, all fees due the homeowner's association for the year 1999 are current, and
there are no outstanding liens or assessments due and owing the homeowner's
association.
8. The undersigned, on behalf of the Corporation, knows of no violations of
municipal or county ordinances, or any easements or claims of easements for uses or
adverse interests not shown by the public records, pertaining to the Property including
without limitation any unrecorded easements or rights-of-way created through use or
adverse interest with respect to the Property. The undersigned, on behalf of the
Corporation, knows of no violations or breaches of any covenants, conditions or
restrictions applicable to the Property, including without limitation, building setback
violations and use restrictions violations.
9. The undersigned, on behalf of the Corporation, has, in the operation of
the Property, where applicable, complied in all respects with the sales tax law, and shall
submit in a timely fashion all filings not currently due.
10, The undersigned, on behalf of the Corporation, warrants that there are
no estate tax, inheritance tax, or income tax liens, under federal or state laws, against
the Property, or against the undersigned, on behalf of the Corporation, which would
affect the Property.
11. There is no outstanding unrecorded agreement of sale, option, deed,
agreement for deed, conveyance, mortgage, or lease affecting the title to the Property,
other than the Contract for Purchase of Real Property dated March 1, 1999, between
CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida
("Purchaser") and the Corporation ("Contract") incident to which this Affidavit is given.
12. The undersigned owner of the Property is not a foreign corporation,
foreign partnership, foreign trust, or foreign estate (as those terms are defined in the
Internal Revenue Code and Income Tax Regulations), and the U.S. taxpayer
identification number of said owner is 59-2597300.
13. This representation is made under oath for the purpose of inducing
Purchaser to purchase the Property, and the Title Company to insure title to the
Property.
14. The undersigned, on behalf of the Corporation, makes and delivers this
Affidavit of No Liens fully realizing that the Title Company and the Purchaser are relying
hereon in order to close such purchase. This Affidavit of No Liens is made with full
understanding of all laws appertaining to affidavits in Florida, and full faith and credit
may be given hereto. The undersigned, on behalf of the Corporation, further certifies
that the undersigned, on behalf of the Corporation, has read the complete text of this
Affidavit and fully understands its contents.
-2-
.
.
15. All statements made herein shall, to the best of the knowledge and
belief of the undersigned, on behalf of the Corporation, be true and correct as of the
date and time the deed is recorded. There are no matters pending against the
undersigned, on behalf of the Corporation, or the Corporation, that could give rise to a
lien that would attach to the Property between the date hereof and such recordation.
The undersigned, on behalf of the Corporation, has not and will not commit, between
the date hereof and the date and time of such recordation, any act that would cause the
statements made herein to change or to become invalid, nor will the undersigned, on
behalf of the Corporation, execute any instrument that would adversely affect the title to
the Property.
16. The undersigned, on behalf of the Corporation, agrees to indemnify
and shall save and hold the Title Company harmless from and against any claim,
liability, or cause of action which may arise by virtue of any of the foregoing
representations being false or untrue or from any lien or claim fj}iC may be filed or
enforced for any labor, services or materials used r furn' ed h roperty, for or on
account of benefit of owner.
The foregoing instrument was acknowledged before me this ~ day of
/Hcf ' 1999, by LEW FRIEDLAND, who [is personally known to m~] OR
[has produced a Florida driver's license as identification] and who did take an oath.
J," ~)~ '
~ '-NJ _ .luJ.u-.A )
Notary Public I
Print name:
~tJ'y P"42 MAR/l YN J
~lj;l'I COMMISSION ,#WlU/AMS
.,. ~ EXPIRES JAN fCs 5165 79
.,.~ ~,^_' 200n
om ATI.ANTiC'...ut;D THRU .
BONDlNQ 00, 'NO
My commission expires:
Exhibit "A" - Legal Description of Property
5/6/99 3:06 PM
33008,100650;CLG (d-1)
#185228
-3-
.
.
EXHIBIT A
DESCRIPTION: 100 FOOT X 100 FOOT FEE PARCEL:
A parcel of land lying in Section 27, Township 26 South, Range
16 East, Pasco County, Florida being more particularly described
as follows:
Commence at the Southeast corner of Section 27, also being the
Northwest corner of Section 35, Township 26 South, Range 16
East, thence along the East boundary of the Southeast 1/4 of said
Section 27, North 00 deg. 45'21" East, a distance of 259.25
feet; thence North 89 deg. 14'39" West, a distance of 55.91 feet
to the Point of Beginning; thence continue North 89 deg. 14'39"
West, a distance of 100.00 feet; thence South 00 deg. 45'21"
West a distance of 100.00 feet; thence South 89 deg. 14'39"
East, a distance of 100.00 feet; thence North 00 deg. 45'21"
East, a distance of 100.00 feet to the Point of Beginning.
Jr:
..-
e
e
?
SELLER'S CLOSING STATEMENT
SELLER:
Adam Smith Enterprises, Inc., a Florida corporation
BUYER:
City of Clearwater, Florida, a municipal corporation
of the State of Florida
LEGAL DESCRIPTION
OF PROPERTY:
See legal description attached to the Warranty
Deed
PURCHASE PRICE:
$35,500.00
DATE OF CLOSING:
May 28,1999
PURCHASE PRICE:
$35,500.00
LESS:
Documentary Stamp Taxes on
the Warranty Deed
$248.50
Recording Cost Partial Release of
Mortgage
15.00
Recording Cost Partial Release of
Memorandum of Agreement
35.00
Recording Cost of Access Easement
28.50
Documentary Stamps on Easement
.70
Capital Connections, Inc. - certificate
of good standing
27.56
Berry Land Surveying - survey expenses
P.O.C.
:~
''''';., ,
e
!
Seller's share of 1999 real estate taxes
Based upon 1998 November amount of
$12,499.48 for 102.14 acres; $12,499.48 +
102.14 acres = $122.38/acre; $122.38 x
.22 acres = $26.92; $26.92 + 365 days
$.07/day; 148 days x $.07
BALANCE DUE SELLER
LESS: Monies due from Seller to the Mitchells
NET BALANCE DUE SELLER
APPROVED AND ACCEPTED:
5/6/99 4:25 PM
33008.100650;CLG (d-1)
#185248
10.29
e
365.55
$35,134.45
3.660.05
$31,474.40
e
e
BUYER'S CLOSING STATEMENT
SELLER: Adam Smith Enterprises, Inc., a Florida corporation
BUYER: City of Clearwater, Florida, a municipal corporation
of the State of Florida
LEGAL DESCRIPTION
OF PROPERTY: See legal description attached to the Warranty
Deed
PURCHASE PRICE: $35,500.00
DATE OF CLOSING: May 28,1999
PURCHASE PRICE: $35,500.00
PLUS:
First American Title Insurance
Company, for title search
$250.00
Johnson, Blakely, et al. - title
Premium (owner's policy)
204.13
Recording Cost of Deed
15.00
469.13
BALANCE DUE TO CLOSE
$35,969.13
APPROVED AND ACCEPTED:
CITY OF CLEARWATER, FLORIDA,
a municipal corporation of the State
of Florida
~~~;-
As:~ &~S'EAPwCa-~~
5/6/99 4:25 PM
33008.100650;CLG (d-1)
#185248
FLO~DEPARTMENT OF ~ENUE
RETURN FOR TRANSFERS OF INTEREST IN REAL .PERTY
DR-219
R. 06194
11119
IF TYPING THIS DOCUMENT. CARRIAGE RETURN AND
TYPE THROUGH THE HANDPRINT BOXES.
THIS IS A MACHINE READABLE FORM, IF HAND PRINTING
THIS DOCUMENT. PLEASE PRINT NUMBERS CAREFUllY
WITHIN THE BOXES AS SHOWN AT RIGHT, .
PARCEL
IDENTIFICATION
NUMBER
~ ~rl:iln 04 2t/ 6A16J;O o~/40~oto~o~
YEsO/0NO
IS THIS TRANSACTION A' 0 0
SPLIT OR CUTOUT FROM X /
ANOTHER PARCEL? ~ YES ... " .... NO
First Name
IS THIS A MULTI-PARCEL
TRANSACTION? .~
~'l Last Name
I~l GRANTOR n21 ~ M
PHONE ( '2
NO.
Uist ame
GRANTEE ( I'I (, . ~F C
,Inc., t
TE E iJT ~RJ R ~
4 ,... 5S~
Ie ri:la c( rl: ::>r ~ t 0
M,I.
)
CORPORATE
NAME
Irsl Nam
T R, FolO Il~, a m n ci pa (01 po a ic n
AtTDR:gS 1. ) . B x 4 7 ! 8
CITY/STATE (Ie:l.r ITa el
I
ZIP
CODE
PHONE
NO.
(
CORPORATE
NAME
)
DATE OF SALEfTRANSFER
~'/$
Month Dav Year
SALEfTRANSFER PRICE
3 7~ B
- QEI]]
f3f, O~.<t>
PROPERTY LOCATED IN:r-:J'i'1 COUNTY, FLORIDA
L:t:.I (COUNTY CODES ON REVERSE)
/"IT
TYPE OF DOCUMENT
Warranty n
Deed I2iJ
Quit Claim O. .' ..,
Deed
Contract / Agreement O. .
for Deed
.
Other 0
TO THE BEST OF YOUR KNOWLEDGE, WERE THERE UNUSUAL CIRCUMSTANCES OR CONDITIONS TO THE SALE, MARK (X) BY THOSE THAT APPLY:
Title Defects B
lIi_ R..... ....
SalelTransfer B. ............
under Duress
Foreclosure
Related to Seller B
SalelTransfer of a
Partial or Undivided Interest
Property Type:
Mark (X) those
i that apply
Residential
o
Institutional/
Miscellaneous
Commercial
Industrial
o
Agricultural
o
o
o
TO THE BEST OF YOUR KNOWLEDGE,
WAS UNUSUAL PERSONAL .
PROPERTY INCLUDED IN THE SALE?
0/ Gl IF "YES., PLEASE STATE THE
YES X NO ~AMOUNT ATTRIBUTABLE TO ~$
THE PERSONAL PROPERTY
AMOUNT OF DOCUMENTARY STAMPS TO BE AFFIXED TO DOCUMENT?
. $
SalelTransfer B
by Court Order
Other
(No ExPlanation) ....
Needed
Government
Acreage
o
Vacant
o
[J
~2t8 51
'/11 WAS PROPERTY
j, IF ITEM NUM.BER 10 is "ZER~n, IS olEO EXEMPT FBWDOC T/hRY 0/ Gl IMPROVED
,} STAMP TAX UNDER 5201,02(6), F 11D~u ICS? J X 12. WITH BUILDING(S) AT
< \ -... / YES NO TIME OF SALE?
I HEREBY CERTIFY fAT ,{,;yEJURN HAS ~ ./ / ~B~ND TO THE BEST OF MY ~~?:rLEDGE AND RELIEF IS A TRUE AND COMPLETE RETURN.
(Signature of Granf"'~ at?- - -6. . I ' -..-. IDale~/ I q /99
WARNING, FI(1LJlRE 7fJ FILE THIS RETURN SHAlt REStL7e'W'E1p~~!'-Ml'8ApDI~~~If:.PENALTY IMPOSED BY THE REVENUE LAWS OFFLORIDA.
I
TO BE COMF{ETED BY THE CLERK OF THE CIRCUIT COURT'S OFFICE
O.R. BOOK
AND
PAGE NUMBER
~ DITDl AND[J
~ ITII1J
.
<Ill DATE BOOK & PAGE NO.,
OR FILE NO. RECORDED
<Ill FILE NUMBER
.
Month
Day
Year
"CLERKS OFFICE TO RETAIN WHITE COPY FOR DEPARTMENT OF REVENUE REPRESENTATIVES - SEND CANARY COPY TO PROPERTY APPRAISER"
.......
YEsO/0NO
CLERK'S DATE STAMP
[
]
e
lb
\}'J
, t;t:JO<.
~~0,
1111111.111111111111111111111111111111111111
99068703
THIS INSTRUMENT PREPARED
'i (, BY AND RETURN TO:
15 ',.: E. D. Armstrong III, Esq~
Johnson, Blakely, et a!. '.
~ti. P. O. Box 1368 .
..,.,...., Clearwater, Florida 33757 .
Rcpt: 331757 Rec: 15.00
DS: 248.50 IT:' 0.00
06101/~t;)_~l!PkG].er!f
JED PITTMAN, PASCO COUNTY CLERK
0&/01/99 11:33a. 1 of 3
OR BK 41& 1 PG 830
:~. r,
STATUTORY WARRANTY DEED
THIS INDENTURE, is made on the J!L day of It( D:!t ,1999, between ADAM
SMITH ENTERPRISES, INC., a Florida corporation ("Grantor"), and CITY OF
CLEARWATER, FLORIDA, a municipal corporation of the State of Florida ("Grantee"),
whose post office address is P. O. Box 4748, Clearwater, Florida 33758-4748.
W 11 N E~~EI H:
Grantor, for and in consideration of Ten Dollars ($10.00) and other good and valuable
consideration to Grantor in hand paid by Grantee, the receipt and sufficiency of which are
hereby acknowledged, has granted, bargained and sold to Grantee, and Grantee's successors
and assigns forever, the following described land, situated in Pasco County, Florida.
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF.
SUBJECT to applicable land use and zoning restrictions and to
easements, reservations and restrictions of record, if any, which
are specifically not reimposed or extended hereby, and to taxes
for the year 1999 and subsequent years.
Grantor does hereby fully warrant the title to said land and will defend the same against
the lawful claims of all persons whomsoever.
The tax parcel number for the aforedescribed property is (a portion of) 27-26-16-0000-
00100-0000. The tax identification number for the Grantee is
e
OR BK 4.1
2 of 3
P6
B31
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and
year first above written.
Signed, sealed and delivered
in the presence of:
'--J1{~Mfx~A:C~~~~
Signature
-'111112' L iN {:. WILL, A 1J-f
Print na
Si.9,Qature
d~/rfi/C~5 ~
Print name
STATE OF FLORIDA
COUNTY OF PINELLAS )
Address:
43309 U. S. Highway 19 North
Tarpon Springs, Florida 34689
JPa. foregoing instrument was acknowledged before me this
~ ,1999, by LEW FRIEDLAND, as President of
ENTERP ISES, INC., a Florida corporation, on behalf of the corporation.
known to me] OR [has produced a Florida driver's license as identification].
~ '-
I f day of
ADAM SMITH
He [is personally
.....~yp,,~ MAR'lYNJ WI
~&~ COMM/SSION'# l..UAMS
('> EX CC 516579
~ ~ PIRES JAN 25
"'I'jOFf\f:J~ ATlANJ1BONDED THRU 2000
C BONDING CO., INC.
Exhibit "A" - Legal Description of Property
5/6/993:12 PM
33008.100650;CLG (d-1)
#185231
-
My commission expires:
2
'.
,I
e
e
OR BK 41& 1 PG 832
3 of 3
,
EXHIBIT.A
DESCRIPTION: 100 FOOT X 100 FOOT FEE PARCEL:
A parcel of land lying in Section 27, Township 26 South, Range
16 East, Pasco County, Florida being more particularly described
as follows:
Commence at the Southeast corner of Section 27, also being the
Northwest corner of Section 35, Township 26 South, Range 16
East, thence along the East boundary of the Southeast 1/4 of said
Section 27, North 00 deg. 45'21" East, a distance of 259.25
feet; thence North 89 deg.-14'39" West, a distance of 55.91 feet
to the Point of Beginning; thence continue North 89 deg. 14'39"
West, a distance of 100.00 feet; thence South 00 deg. 45'2111
West a distance of 100.00 feet; thence South 89 deg. 14'39"
East, a distance of 100.00 feet; thence North 00 deg. 45'2111
East, a distance of 100.00 feet to the Point of Beginning.
IF TYPING THIS DOCUMENT,CARRIAGE RETURN AND
TYPE THROUGH THE HANDPRINT BOXES.
THIS IS A MACHINE READABLE FORM, IF HAND PRINTING
THIS DOCUMENT, PLEASE PRINT NUMBERS CAREFUU. Y
WITHIN THE BOXES AS SHOWN AT RIGHT, .
I PARCEL
IDENTIFICATION
NUMBER
DR-219
R, 06/94
f'l
1111
'\
~ p~rti~n ~f 21l~6/IL6tO OcJtO~OIO~/*o~
IS THIS A MULTI-PARCEL D/lE)' .
TRANSACTION? ------ . . 0
----r- YES N
Last Name
--.; S~ T\lT ry1 If
I I I
PHONE (n2T1)
NO. Last~
:::I ry OI C:'E R
IS THIS TRANSACTION A
SPLIT OR CUTOUT FROM
ANOTHER PARCEL? ~
First Name
YEs[]/DNO
GRANTOR
N' EE ~R S Sj I ~C , a 1F'1pr de: cpr)o a1 icl:1
M,I.
9 2.. ~5 1
GRANTEE
L(RI)A
STREET
ADDRESS
. 180
p
7 8
CITY/STATE
C e "L. ~.. r
PHONE
NO.
(
)
DATE OF SALE/TRANSFER
~/$
Month Da;;- Year
SALElTRANSFER PRICE
TYPE OF DOCUMENT
Warranty D... .....
Deed
.
CORPORATE
NAME
Irs
11 UI'1 C P 1 co p rc ti ::m
1 C~6E [H[!] - rnrJ
CORPORATE
NAME
$J~. 0
PROPERTY LOCATED IN:r;1I COUNTY, FLORIDA
~ (COUNTY CODES ON REVERSE)
Quit Claim D'"
Deed
Contract / Agreement D.... .'
for Deed
Other Q Easeme I1t
TO THE BEST OF YOUR KNOWLEDGE, WERE THERE UNUSUAL CIRCUMSTANCES OR CONDITIONS TO THE SALE, MARK (X) BY THOSE THAT APPLY:
Title Defects B
Minerai Rights .
SalelTransfer B. '. .
under Duress
Foreclosure
Property Type:
Mark (Xl those
that apply
Residential
D
Industrial
o
Commercial
o
TO THE BEST OF YOUR KNOWLEDGE,
WAS UNUSUAL PERSONAL .
PROPERTY INCLUDED IN THE SALE?
Related to Seller B
SalelTransfer of a
_'" << u__ ....... ..
Agricultural
o
Institutional /
Miscellaneous
o
SalelTransfer B'
by Court Order
Other
(No EXPlanation) .. .
Needed
Government
o
Vacant
Acreage
o
Q
01 (] IF .YES., PLEASE STATE THE
YES NO "AMOUNT ATTRIBUTABLE TO ~$
THE PERSONAL PROPERTY
I
AMOUNT OF DOCUMENTARY STAMPS TO BE AFFIXED TO DOCUMENT?
. $
IF ITEM NUMBER 10 is "ZERO", IS DEED EXEMPT FROM DOCUMENTARY
STAMP TAX UNDER 5201.02(6), FLORIDA STATUTES?
~ .-
171~ NO
,
t. 0
WAS PROPERTY
IMPROVED
12. WITH BUILDING(S) AT
TIME OF SALE?
YEsD/[]No/
I HEREBY CERTIFY THAT THIS RETURN HAS BEEJII~ED B~ AND}'.
( Signature at Grantor. Grantee's Agent ~_-'~.r'::''::A... ........'...J )(.,'
WARNING; FA/LURE TO FILE THIS RETUf.'ok>L'ilrA E,rw<''-''_T_N -....t= it1F;:Ii~j IN A
f ;'
TO BE COMPLETED BY THE'C'LERK OF THE CIRCUIT COURT'S OFFICE
O.R. BOOK
AND
PAGE NUMBER
.. [[[I[]B ANOfD
.. ITIJJ
.
Month
Day
"CLERKS OFFICE TO RETAIN WHITE COpy FOR DEPARTMENT OF REVENUE REPRESENTATIVES - SEND CANARY COPY TO PROPERTY APPRAISER"
""-
'ifBftT OF MY KNOWLEDGE AND RELIEF IS A TRUE AND COMPLETE RETURN.
T'u,.,
, ....L~......
I Date 57 /'1/99
nTflER PENAL TY IMPOSED BY THE REVENUE LA WS OF~ORIDA.
... FILE NUMBER
I
... DATE BOOK & PAGE NO.,
OR FILE NO. RECORDED
Year
CLERK'S DATE STAMP
(
J
~y>
1!i:f~ ".
.'
12
.t, L
" .~.
"
II/I am RIll mil IW 11II/ nll/IW au
99068704
Rcpt: 331757 R~c: 28.50
os: o.~. IT: 0.00
06/01/99 .~ Opty Cl~r~
- ~
JED PITTMAN, PASCO COUNTY CLERK
06/01/99 11:33a. 1 of 6
OR BK 4 1 G 1 PG 833
~.\a
(J) ','\.
This Instrument was prepared by
and return to:
ED. Armstrong III, Esq.
Johnson, Blakely, Pope, Bokor,
Ruppel & Burns, P.A.
,~ j' <.n P. O. Box 1368
(7' t '-J, Clearwater, FL 33757-1368
,11'
I(~l
i)5
,~)" "I' r. {".
(. , . :;1. "
ACCESS AND UTILITY EASEMENT
THIS EASEMENT is made on ~, 1999, by ADAM SMITH
ENTERPRISES, INC., a Florida corporation ('~dam Smith"), in favor of the CITY OF
CLEARWATER, FLORIDA, a municipal corporation of the State of Florida ("City of
Clearwater").
R E C 1 I A b S:
A. Adam Smith is the owner of the real property located in Pasco County,
Florida, described in Exhibit "An attached hereto and incorporated herein (the
"Easement Area"). The City of Clearwater is the owner of certain adjacent real property
located in Pasco County, Florida, described in Exhibit "B" attached hereto and
incorporated herein ("City of Clearwater Property").
B. The City of Clearwater has requested and Adam Smith has agreed to
grant to the City of Clearwater, a non-exclusive permanent easement for ingress and
egress, and utilities, over, across, under, through and along the Easement Area.
NOW, THEREFORE, in consideration of the mutual covenants contained herein
and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereby covenant and agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated
herein by reference.
2. Grant of Permanent Ingress and EQress Easement and Utility Easement
in favor of the City of Clearwater. Adam Smith hereby gives, grants and conveys unto
the City of Clearwater, and its guests and invitees, a non-exclusive, unobstructed
permanent ingress and egress easement, and utility easement, over and across the
~
~
OR MY;" 1 6. 1
2 of 6
P6
834
Easement Area. The City of Clearwater agrees to construct, install and maintain any
utilities constructed with the Easement Area at its sole cost and expense.
3. Scope of Easement. The permanent easement granted herein shall run
with the land and shall burden the Easement Area.
4. Indemnification. By acceptance of this Easement, the City of Clearwater
hereby agrees to hold Adam Smith harmless from any damages or liabilities arising
.from the construction, installation, and maintenance of utilities within the Easement
Area, and any acts or omissions of the City of Clearwater, or its agents in pursuing the
activities permitted by this Easement Agreement.
5. Attorneys' Fees. Etc. Should any party employ an attorney or attorneys to
enforce any of the provisions hereof, or to protect its interest in any matter arising
hereunder, or to recover damages for the breach hereof, the party prevailing shall be
entitled to recover from the other party all reasonable costs, charges and expenses,
including attorneys' fees, the value of time charged by paralegals and/or other staff
members operating under the supervision of an attorney, and other legal costs,
expended or incurred in connection therewith, before, during and subsequent to any
litigation, including arbitration and appellate proceedings.
6. Notices. Any notice to be given to or served upon any party hereto, in
connection herewith, must be in writing, and may be given by hand delivery, facsimile,
certified mail or guaranteed overnight delivery service, return receipt requested, and
shall be deemed to have been given and received when a certified letter containing
such notice, properly addressed, with postage prepaid, is deposited in the United
States Mail or when delivered into the custody of the overnight delivery service. If given
otherwise than by certified mail or guaranteed overnight delivery service, it shall be
deemed to have been given when delivered to and received by the party to whom it is
addressed. Notices shall be given to the parties hereto at the following addresses:
FOR ADAM SMITH:
FOR THE CITY OF CLEARWATER:
Adam Smith Enterprises, Inc.
Attention: Lew Friedland
43309 U.S. Highway 19 N.
Tarpon Springs, Florida 34689
Phone: 727-942-2591
Fax: 727-938-3328
City of Clearwater, Florida
Attention: Eart Barrett
Real Estate Services Manager
P. O. Box 4748
Clearwater, Florida 33758-4748
Phone: 727-562-4750
Fax: 727-562-4775
.2
{1"
~..,
OR BK 411ft,;" P6
, ."
'. . of 6
835
WITH A COPY TO:
WITH A COPY TO:
E. D. Armstrong III, Esq.
Johnson, Blakely, et al.
P. O. Box 1368
Clearwater, Florida 33757
Phone: 727-461-1818
Fax: 727-441-8617
Phone:
Fax:
Any party hereto may, at any time by giving five (5) days' written notice to the other
party hereto, designate any other address in substitution of the foregoing address to
which notice shall be given and other parties to whom copies of all notices hereunder
shall be sent.
7. General.
a. No Dedication for Public Use. Nothing contained herein shall be
deemed to be a dedication of any area for public use, and all rights and the permanent
easement herein created are private and do not constitute a grant for public use.
b. Effective Date. The permanent easement and covenants created
and imposed by this Easement shall be effective upon the recording of this Easement.
c. Modification or Amendment. This Easement may not be modified
in any respect whatsoever, or rescinded, in whole or in part, except with the written
consent of Adam Smith and the City of Clearwater, or their respective successors, in a
written instrument duly recorded in the Public Records of Pasco County, Florida.
d. Binding Effect. The benefits and burdens of this Easement and the
obligations of each covenant set forth in this instrument shall run with the Easement
Area, and shall bind or benefit the owners thereof, and their respective heirs,
successors, successors in title, legal representatives and assigns.
e. Governing Law. This Easement shall be construed, governed,
interpreted and enforced in accordance with the laws of the State of Florida.
f. Acceptance of Easement. By acceptance of this Easement, the
City of Clearwater agrees to be bound by the terms, covenants, and conditions hereof.
.3.
t"Y1
OR BK~161
4 of 6
PG
836
IN WITNESS WHEREOF, the undersigned has executed this Easement as of
the day and year first above written.
WITNESSES:
ate: s/!?/?7
I
H<fJ 4t!- ~ S ~, IJl~ ~1}i'?1t S
Print name
Address:
43309 U.S. Highway 19 North
Tarpon Springs, Florida 34689
STATE OF FLORIDA
)
)
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this -1L day of
/~~, 1999, by LEW FRIEDLAND, as President of ADAM SMITH
ENTER ISES, INC., a Florida corporation, on behalf of said corporation. He.liL
personally known to me] OR [has produced a Florida driver's license as identification].
IMA/L<~~-f)JJij,;"". ;)
Notary Public I '
Print name:
~'i:: co~YN J. W1UlAMs
~ ~ ~~'SSION # CC 5165r.;l
~ ~ ~IRES JAN 2S 2000 ~
~;fOFf\: ATlAHnc BONoeo THRu
8ONotNG co.. II>.'C
My commission expires:
Exhibit "A" - Easement Area
Exhibit "B" - City of Clearwater Property
5/6199 3:16 PM
33008.100650;CLG (d-l)
#185234
.4.
i
. .
f..,..,~
~I
EXHIBIT. A
OR ~1G1 PS 837
5 of 6
DESCRIPTION: 15 FOOT WIDE ACCESS & UTILITY EASEMENT:
An access and utility easement lying in Sections 26, 27 and 35,
Township 26 South, Range 16 East, Pasco County, Florida, being
more particularly described as follows:
Commence at the Southeast corner of said Section 27, also being
the Northwest corner of said Section 35, Township 26 South,
Range 16 East, thence along the West boundary of the Northwest
1/4 of said Section 35, South 00 deg. 29'06n West, a distance of
320.00 feet to a point on the North right of way of Mitchell
Boulevard as recorded in Official Records Book 1533 page 1949;
thence continue South 89 deg. 29'38n East along said North right
of way a distance of 113.87 feet to the Point of Beginning;
thence leaving said North right of way; North a distance of
227.11 feet; thence West a distance of 95.11 feet; thence North
09 deg. 42'21n West, a distance of 95.25 feet; thence North 39
deg. 08'44n West, a distance of 87.16 feet; thence North 00 deg.
45'21n East, a distance of 192.37 feet; thence South 89 deg.
14'39n East, a distance of 15.00 feet; thence South 00 deg.
45'21n West, a distance of 186.94 feet; thence South 39 deg.
08'44n East, a distance of 85.66 feet; thence South 09 deg.
42'21n East, a distance of 86.54 feet; thence East a distance of
97.46 feet; thence South, a distance of 80.55 feet; thence East,
a distance of 15.00 feet; thence South, a distance of 15.00
feet; thence West a distance of 15.00 feet; thence Sou~h a
distance of 146.69 feet; thence North 89 deg. 29'38n West, a
distance of 15.00 feet to the Point of Beg~ing.
~
-
~"""'I"
'. .
.....-
r?t .
OR ~'" 1& 1 P6
6 of 6
838
EXHIBIT b
DESCRIPTION: 100 FOOT X 100 FOOT FEE PARCEL:
A parcel of land lying in Section 27, Township 26 South, Range
16 East, Pasco County, Florida being more particularly described
as follows:
Commence at the Southeast corner of Section 27, also being the
Northwest corner of Section 35, Township 26 South, Range 16
East, thence along the East boundary of the Southeast 1/4 of said
Section 27, North 00 deg. 45'21- East, a distance of 259.25
feet; thence North 89 deg.14'39" West, a distance of 55.91 feet
to the Point of Beginning; thence continue North 89 deg. 14'39-
West, a distance of 100.00 feet; thence South 00 deg. 45'21"
West a distance of 100.00 feet; thence South 89 deg. 14'39-
East, a distance of 100.00 feet; thence North 00 deg. 45'21"
East, a distance of 100.00 feet to the Point of Beginning.
SEE PLANS IN FILE