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W C OVERCASH , TO: FROM: COPIES: SUBJECT: DATE: , ; I Interdep.rtment Corre.pondence She.t I CITY OF CLEARWATER City Clerk Assistant City Attorney Corrective Deed - Overcash Property Purchase April 22, 1974 Attached hereto Warranty Deed which is a corrective deed, which has been recorded in O. R. 4151, page 1800 of the Public Records of Pinellas County, Florida, together with Endorsement from Lawyers' Title Guaranty Fund to correct the description. Please retain these in 'your files. The Engineering Department have examined these instruments and report that this Deed is correct and only adds information concerning a St. Petersburg water line easement, of which we were aware at the time of purchase. R Atts. G.L.K., Jr. 1;'-p31{-OO $6.00. . . , I 74041597 WAUANTY DEED FROM INDIVIDUAL TO CORPORATION RAMCO FORM 34 I Q. ~. 4151 PAGE1800 " ;-', I' ',' This llflfarranty lleed Made the W. C. OVERCASH, surviving widower of MARY llereinafter called the grantor, to CITY OF CLEARWATER a municipal corporation a corporation existing unJer the laws of the State of Flori da address at 112 South Osceola Avenue, Clearwater, Florida hereinafter called the grantee: 1st day of Ma rch L. OVERCASH, deceased A.D. 1974 by with its permanent postoffice 33518 - P.O. Box 4748 (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) llflfitnesselh: That the grantor, for and in consideration of the sum of $ _ NONE _ and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens. re- mises, releases, conveys and confirms unto the grantee. all that certain land situate in Pi ne 11 as County, Florida. viz: SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION ~ f ~,- :;., ..:t ~ .~: ~~ ~ ..... ,,~ O :;:p , "->> '~":".'~'}' ~ '-t u- -' - -i' tIC _ IUI OlE ~ i1 c .,. ...... . ~ a- .. .... N IS A THIS IS A CORRECTIVE DEED - CORRECTING THE LEGAL DESCRIPTION OF DEED RECORDED IN O.R.BOOK 3577, PAGE 732 PUBLIC RECORDS OF PINELLAS COUNTY, FLA. Mary L. Overcash is deceased. Together with all the tenements, hereditaments and appurtenances thereto belonging or in any- wise appertaining. Itlltavt and to ltold, the same in fee simple forever. Dnd the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said Land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1970. In llflfitntss llflfhtreof, the said grantor has hereunto set hi s hand and seal the day and year first above written. Signed, sealed and elivered in our presence: ~.r9-1I-;:,gi.i:.= W'~~~'~09c~~it~~h"'h..m............m.JD ',.,"',.",""".""..".,..""."",..""."",..",,.."..""",.""",'. STATE OF FLORIDA COUNTY OF Pi nei 1 as } I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared W. C. Overcash to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. , ' " " , . ~ ,i I' J i; ( . ~." - ~ ': ~ .'... II; I;'-'f,'\'u..:::- thY, 'M, ~ ~ i':";'~~'.',::,;,~' ~,'~\ .,".., Vut~....ft( .. ;.~~~..m.._'.~~....,',~ ~ '~;t~;-~~' / :~~~/ WITNESS my hand and official seal in the County and State last aforesaid this /fMR eN, A. D. 1974. "NOTA~Y PUBI;fC, STATE (If FlOr.!DA at llHi'.E M.~ COf,tM!S::ION E)(}'mF.1:. JA\!. 25. 1976 IWi~DED m"u GE!~ER~.L Ii':SIJ:li.iICE Um1ERtmlTEftS ~~Tu~JJ \O~ TlLis 11/Slrutflml prepared by: George A. Routh A(uhe~ 1446 Court Street Clearwater, Florida . . -' ..,\~io\'" ~/i'tr( ~,,;;,,"'\1 33516 I~ - 03'"1 (L/) ;;-~, -; :~ , ~ " < I I G. r~4151 fAGE1801 LEGAL DESCRIPTION TRACT 1 That part of the Northeast 1/4 of the Northwest 1/4 of Section 28, Township 28 South, Range 16 E:ast, lying Northwest of State Road No. 580, (subject to a water line easement to the City of St. Petersburg recorded in O.R. Book 1349, page 613) AND the East 1/2 of the Southwest 1/4 of Section 21, Township 28 South, Range 16 East, LESS the North 30.00 feet thereof and subject to a water line easement to the City of St. Petersburg recorded in O.R. Book 1349, page 614, AND the West 1/2 of the Southeast 1/4 of Section 21, Township 28 South, Range 16 East all in Pinellas County, FLORIDA - LESS existing rights-of-way, containing 178.90 acres more or less. TRACT 2 The West 1/2 of the Southwest 1/4 of Section 21, Township 28 South, Range 16 East, the South 6.0 feet thereof being subject to a Florida Power Corporation overhead distributor line easement and subject to an agreement from W.C. Overcash to John H. Williams, providing for ingress and egress across the property near the South line, recorded in G.R. Book 2843, page 348, AND the Northwest 1/4 of the Northwest 1/4 of Section 28, Township 28 South, Range 16 East, AND tha t part of the Southwes t 1/4 of the Northwest 1/4 of Secti on 2e, Townshi p 28 South, Range 16 East lying Northwest of State Road No. 580 all in Pinellas County, Florida, LESS existing rights-of-way, containing 137.92 acres, more or less. ,ttt ~ t Fund Form E (Adopted 7-58) ENDORSEMENT Lawyers' Title Guaranty Fund Orlando. Florida Policy No. OG # 470329 Issued To CITY OF CLEARWATER, FLORIDA, a municipal CorporatbJ Amount $ 800,000.00 Effective July 9, 1971 is hereby amended as follows: The effective date is hereby amended to read March 26, 1974. Schedule A, Item 2 is hereby amended to read as follows: Warranty Deed from W.C.Overcash, surviving widower of Mary L. Overcash, deceased to City of Clearwater, Florida, a municipal corporation dated March 1, 1974 and recorded March 26,1974 in O.R.Book 4151, Page 1800, public records of Pinellas County, Florida. Amending legal description to read as per attached: (Continue text of endorsement on reverse if required) 5/16/74 Dated George A. Routh (Name of Fund member) but in all other respects remains unchanged and in full force an Lawyers' Title Guaranty Fund 3235 -E Ng MEMBER NO. 59620 B7~/~ Paul J. Stichler President and Executive Secretary [' crt { 'to 12/73-5M Fla. Press . , I n. '.41.51. rAGlJ,80t I LEr.AL OF.SCRIPTION TRACT 1 That part of the Northeast 1/4 of the Northwest 1/4 of Section 28, Township 28 South, Range 16 ~ast, lying Northwest of State Road No. 580, (subject to a water line easement to the City of St. Petersbur~ recorded in O.R. Book 1349, page 613) AND the East 1/2 of the Southwest 1/4 of Section 21, Township 28'South, Range 16 East, LESS the North 30.00 feet thereof and subject to a water line ' easement to the City of St. Petersburg recorded in O.R. Book 1349, page 614, _,_ .,. mm' m m' .......,..,. AND..,.. . n the vJest 1/2 of the Southeast 1/4 of Section 21,uTown-shib28Souttr-, Range 16 East all in Pinellas County, FLORIDA - LESS existing rights-of-way, containing 178.90 acres more or less. TRACT 2 The West 1/2 of the Southwest 1/4 of Section 21, Township 28 South, Range 16 East, the South 6.0 feet thereof being subject to a Florida Power Corporation overhead distributor line easerrent and subject to an agreement from W.C. Overcash to John H. Williams, providing for ingress and egress across the property near the South line, recorded in O.R. Book 2843, page 348, AND the Northwest 1/4 of the Northwest 1/4 of Section 28, Township 28 South, Range 16 East, AND that part of the Southwest 1/4 of the Northwest 1/4 of Section 28, Township 28 South, Range 16 East lying Northwest of State Road No. 580 all in Pinellas County, Florida, LESS existing rights-of-way, containina 137.92 acres, more or less. , '~ (\J1i Jt, \ '" It' 'L~,Ld' , ~ 1.9 ;'! .1'1...'....' ~ ~ i P " {,..' .". I ,......,,).4lf~"M. (1.,/ ",..l,^,c..,..: .." i GEORGE A. ROUTH, P. A. 1', ;..,-':...:,.."...tf,,'. I';) ~~ """""ORNEY "'T L .,v. ,..l.;t J '<c'.,.I. )~'4'6 COURT ~STR~;T .. "A..' -' ,-' 7 CLEARWATER., FLOIUDA 33516 " , July 9, 1974 TELEPHONE 447~3444 AR.EA CODE 813 Guy L. Kennedy, Jr., Esquire 501 South Fort Harrison Clearwater, Florida 33516 Re: Overc ash/City of Clearwater Dear Mr. Kennedy: Enclosed please find the original Reinsurance Agreement issued by The Title Insurance Corporation of Pennsylvania, which should be attached to OG # 470329, issued to the City of Clearwater. ~9~ () t~ George A. Routh src Enclosure ~"! -l , . I I REINSURANCE AGREEMENT by and between the Business Trust designated as Ceder and the Corporation or Corporations named as Reinsurers, all as set forth in Schedule A. WHEREAS, Ceder has assumed or is about to assume a title insurance or guaranty risk pursuant to its policy or policies identified in Schedule A; and WHEREAS, Ceder, to effect a distribution of risk and give additional assuranceS to the party or parties entitled to the protection of said policy or policies, hereinafter called the insured or insureds, desires to retain, unceded, a primary loss risk under said policy or politi3S and to cede and reinsure all or a part of the excess of such loss risk (herein called the secondary loss risk) in the proportions set forth in Schedule A; and WHEREAS, Ceder shall execute with each Reinsurer, if more than one, a separate counterpart hereof for each ceded, reinsured and assumed portion of the secondary Joss risk set forth in Schedule A, all of which shall constitute one and the same agreement of which the, Conditions of this Agreement, on the reverse herein, shall be a part, NOW, THEREFORE, it is mutually agreed between Ceder and the undersigned Reinsurer as follows: 1, Ceder's Retention The entire amount of the primary loss risk and the unceded portion, if any, of the secondary loss risk, as set forth in Schedule A, are retained by Ceder without reinsurance, 2, Assumption of Liability The proportion of the secondary loss risk ceded to, reinsured with and assumed by the undersigned Reinsurer is the proportion set opposite each Reinsurer's name in Schedule A hereof. The liability so assumed by said Reinsurer shall inure to the benefit of the insured or insureds in the aforestated policy or policies of Ceder, subject to and only in accordance wlrl1~the lerms;o pro\lisions;-tonditiorTr"1lnd-sllpulai;un3 ~C7f'-wclr'l'Olicv lfrpolicies and~ the provisions hereof. 3. Proportion of Risk The share of Ceder, if any, and the share of each Reinsurer in the total secondary loss risk in each and every loss or portion of loss payable after the exhaustion of the primary loss risk is co,ordinate with each other share therein. Each Reinsurer is bound only for its co,ordinate and proportionate share of each such secondary loss risk as set forth in Schedule A in respect of such Reinsurer and not for the co-ordinate and proportionate share, if any, of Ceder or of any other Reinsurer. 4, Laws Applicabl'e All claims arising under this agreement or the risks hereby ceded and reinsured and becoming matters of dispute, litigation or arbitration shall be de, termined by the laws of the situs of the real property described in Ceder's policy or policies. 5, Separate Liability Nothing contained herein shall constitute an association, partnership or ioint liability between Ceder and Reinsurer or beween or among the Reinsurers, IN WITNESS WHEREOF, the undersigned each has caused this instrument to be executed and its corporate seal affixed at its principal office in the state of its domicile as of the day and year set forth in Schedule A. Lawyers' Title Guaranty Fund ~~~~ J(~U)GKHKVice President By By NSYLVANIA President Seal Seal File No. R..13 &4 File No. N-60285 --- - ---"~-~...""-":-~- ~,"",-~ SCHEDULE A 1. The date of this agreement"1s June 26. 1974 2. The parties hereto are (a) Lawyers' Title Guaranty Fund a business trust organized under the laws of the State of Florida, having its principal office at Orlando as Ceder, and (b) The REINSURER or REINSURERS named in 4(b) hereof. 3. Ceder's policy or policies, identified hereinafter and reinsured hereby, constitute an aggregate title insurance risk in the face amount of $ 800~000.00 ( - ------------ -- -- ---- -- - Ei 9 ht-h.u.ru1.re.d-thousand & no/ 1 00----- -- -------- --------- -- -Dollars), and cover the stated insured interest or interests in the same premises situate Pi ne 11 as County. Flori da POLICY NO. INSURED INSURED INTEREST POLICY AMOUNT 06-470329 CITY OF CLEARWATER. FLORIDA. a municipal corporation FEE SIMPLE $ 800~000.00 $ 4. The distribution of said aggregate title insurance risk is: PRIMARY LOSS RISK (a) RETAINED BY CEDER $ 250,OOQ..OO (b) CEDED to, REINSURED WITH, AND ASSUMED BY SECONDARY LOSS RISK (Share of each and every excess loss) aOO-,$ 450 )OOO~ 00 State of Incorporation Reinsurer THE TITLE INSURANCE CORPORATION OF PENNSYLVANIA PENNSYLVANIA $ 100.000 00 $ $ $ 1 di $ $ $ $ .,., -'~-'-l;",,-l'..~~-~~ -~-~ -- -~oo= CONDITIONS OF THIS AGREEMENT 1. Effective Date and Payment of Premium Ceding, reinsurance and assumption of risk hereunder becomes effective simultaneously with the commencement of liability of Ceder under its policy or policies of title insurance described in Schedule A hereof without notice or payment of the reinsurance premium and shall not be cancellable against Ceder for any reason whatsoever. Ceder shall immediately upon issue of said policy or policies forward a con- formed copy to each Reinsurer and pay to each its premium for reinsurance. 2. Notices, Investigation and Settlement of Claims Upon receipt of notice from the insured or insureds pursuant to any' provIsion of said policy or policies, or upon lenrning of a potential claim thereunder, Ceder shall notify each Reinsurer of such claim or potential claim; providing, however, that failure to so notify as herein provided shall in no case defeat the rights of the Ceder hereunder unless the Reinsurer shall actually be prejudiced by such failure, and then only to the extent of such prejudice. Ceder shall have full charge of the investigation, negotiation, litigation, settlement and adjustment of all claims under said policy or policies, but it shall not conclude any settlement which will thereupon exceed the amount of its primary loss risk without giving full opportunity to each Reinsurer to investigate the matters involved with the claim to the extent it desires and at its own expense, and any payment, satisfaction or settlement of a claim which when added to all prior settlements or payments made thereunder and all claims then pending thereunder would exceed the amount_of primary liability retained by the Ceder, . shal~ not, if made' without the prior w'ritren- approvat-of the Retnsurer, prejudice 'any ctefense -w4....iaf i'ne- Reinsurer may have to a claim hereunder by the Ceder and based upon the claim settled under saiJ policy or pol icies of title insurance. Each Reinsurer shall have the right but shall not be obligated to join in any action brought by or against the Ceder under said policy or policies and shall have the right, through such representatives as it may designate, to inspect, at any reasonable time at the office of Ceder, any and all searches, abstracts, certificates, correspondence and other r,ecords relating to .saidpolicy or policies and .to claims of losses and, other transactions hereundeL Such right is and shall continl:letobe a right in rem and shall follow and attach to said documents and records whatever changes occur in their ownership or possession. 3. Payment of Losses losses of the insured or insureds under said policy or policies, and for which the Ceder becomes liable, inclusive of costs, attorneys'fees, and expenses, which do not exceed the amount of "primary liability retained, and its proportionate fractional share of the secondary liability, if any, as set forth in Schedule A, shall be sustained and paid by the Ceder, without recourse to the Reinsurer, and shall reduce pro tanto the amounts of such retained liability. Each Reinsurer is liable only if the loss suffered by the insured or insureds under said policy or policies and for which the Ceder becomes liable, inclusive of costs, attorneys' fees and expenses exceeds the amount of primary liability retained as set forth in Schedule A, and then only for its proportionate fractional share of such loss in excess of said retained primary liability as set forth in Schedule A, and without diminution, defense, setoff, or counter claim for any reason whatsoever. In the event that the~fuss or aggregate of all losses under said policy or policies exceeds the face amount thereof, th~ Ceder shall pay that portion of such excess as its retained liability, both primary and secondary,., bears ro- the~e of said policy or po~icies, and the balance of such excess shall be divided between the Reinsurers 'fu the proportions that the amounts assumed by each of the Reinsurers bears to the face of such policy Qt' policies. Each Reinsurer shall pay the amount of its liability so fixed and determined hereunder to Ceder within ten (l0) days after notice and demand by CedeL Each such payment by Reinsurer shall satisfy pro tanto the amount of its liability hereunder and shall be received by Ceder, if not by way of reimbursement, in trust to be paid forthwith to or for the account of its insured or' insureds, together with all citheramounts similarly applicable, in satisfaction of the liability of Ceder under the policy or policies of title insurance described herein. 4. Benefits Inure to Insured In the event of the temporary or permanent discontinuance of business by Ceder, or if the Ceder be adjudged a bankrupt, or if the Ceder shall fail to pay any loss under said policy or policies within the time provided in said policy or policies, then the insured or insureds under said policy or policies shall have the right to bring an action hereon against the Reinsurer in the state of the Reinsurer's domicile to recover that portion of the loss sustained by such insured or insureds, and for which Ceder would be 'liable under the terms and provisions of said policy Or policies, that exceeds the primary liability retained by Ceder hereunder and that is assumed by the Reinsurer hereunder. 5. Recoupment and Subrogation After payment of any loss or losses by a Reinsurer hereunder, it shall be the duty of Ceder, by its right of subrogation or otherwise, to proceed diligently to recoup the losses paid. The net amount, after expenses of collection of any recoupment or salvage, shall be distributed and paid to such Reinsurer in the frac- tional proportions set forth on Schedule A. Any surplus, after full recoupment of losses sustained on t~ek secondary loss risk, shall be retained by Ceder in reduction qf I.9SLQL!Q~..ses paiq,gn.. itiw.imary 10$s r1S . In addition to said right of subrogation, which is secured to Ceder by the conditions of its policy or policies described herein, Ceder will retain all the rights secured to it thereby unaffected by this agree- ment and the reinsurance effected hereunder. In the event, however, of the temporary or permanent discontinuance of business by Ceder, or if the Ceder is adjudged a bankrupt, or if the Ceder fails to proceed to recoup any loss or losses paid as aforesaid, the Reinsurers shall be and they hereby are subrogated to all rights of Ceder, to recoup any losses paid by them hereunder. 6. Rights of Insured Not Prejudiced Nothing herein contained shall be construed as prejudicing the rights of the insured or insureds under said policy or policies of title insurance or conferred upon such insured or insureds under this agreement, and this agreement shall not be amended, modified or cancelled without the written consent of such in- sured or insureds. 7. Notices, Where Sent All notices given hereunder shall be addressed to the party to receive such notice at its Home Office. 8. The term "policy" or "policies" as referred to in this agreement is defined as including "binder" or "com- mitment", if so designated as such under Schedule A-3 of this agreement. I I - ; I ~ I Fund form E (Adopted 7-58) ENDORSEMENT Lawyers' Title Guaranty Fund Orlando, Florida Policy No. O~ # 47n1?q Issued To r.TTY OF Cl EARWATFR, FLORInA, a mlmicipal corporation Amount $ Rnn, nnn _ nn Effective July 9. .1971 is hereby amended as follows: - - '-. ~""_.._..._._,~,..,._,,~_,,,..,,__:,"~,....~,_~,.__. "",,"'~'_L_____ __..--.-.~______. _,,--.___~............._...,,..._.......,._.. The legal description is hereby amended to read as follows: SEE ATTACHED. (Continue text of endorsement on reverse if required) 3/28/74 Dated George A. Routh (Name of Fund member) EAL) but in all other respects remains unchanged and in full force an Lawyers' Title Guaranty Fund 3235 -E N~ 54970 MEMBER RO. 1Iy~/~ Paul J. Stichler President and ExecuUve Secretal7 4/72-SM flo. Pre.. r ... ~ ',#.,....' <~ I v. '.41.')1 fAG[J801 LEGAL DESCRIPTION TRACT 1 That part of the Northeast 1/4 of the Northwest 1/4 of Section 28, Township 28 South, Rang(~ 16 Eiast, lying Northwest of State Road No. 580, (subject to a water line easement to the Ci~y of St. Petersburg recorded in O.R. Book 1349, page 613) AND the East 1/2 of the.Southwest 1/4 of Section 21, Township 28 South, Ranlle 16 East, LESS the North 30.00 feet thereof and subject to a water line easement to the City of St. Petersburg recorded in a.R. Book 1349, page 614, , AI~ D - . .--.---,.. the West 1/2 of the Southeast 1/4 of Section 21, Township 28 South, Ranqe 16 East all in PinelJas County, FLORIDA - LESS existing rights-of-way, . containing 178.90 acres more or less. TRACT 2 The West 1/2 of the Southwest 1/4 of Section 21, Township 28 South, Range 16 East, the South 6.0 f~et thereof being subject to a Florida Power Corporation overhead distributor line easerrent and suhject to an agreement from vl.C. Overcash to John H. Williams, providing for inqress and egress across the property near the South line, recorded in a.R.Book 2843, page 348, AND the Northwest 1/4 of the North~/est 1/4 of Section 28, Township 28 South, Range 16 East, AND that part of the Southwest 1/4 of the Northwest 1/4 of Section 28, Township 28 South, Range 16 Ea~t lying Northwest of State Road No. 580 all in Pine11as County, Florida, L~SS existing rir.Jhts-of-way, containinq 137.92 acres, more or lese;. FUND FORM 1 (OG) (Ri:v. 5/25/70) Florida Press-20M-4/71 liJI~lillliIIllIIllIliJlliJI~[lj]'l" OPINION ON TITLE George A. Routh (Attorney or firm of attorneys) 1442 Cgurt ~trQQt (Address) Clearwater Florida and GUARANTEE OF TITLE (OWNER) by ~ OWner CITY OF Lawyers' Title Guaranty Fund Qualified with and 6upervised by Insllra1lCe Commissio1U!r of Florida ORLANDO, FLORIDA CLEARWATER, FLORIDA, a municipal corporation Declared value of property: Effective date of this docwnent: July 9, 71 4:24 P. 19_ at " 800,000.00 . " Based on an examination of the certified abstract of title (or certified chain of title and an examination of the public records Indicated thereby). and an examination of the public records subsequent to the period covered by the abstract or chain of title. the undersigned. a member (or a finn composed of members) of LA WYERS" TITLE GUARANTY FUND, hereby renders the above narned Owner this opinion and advises that. in the opinion of the undersigned, the estate or Interest of the Owner in the real estate deserlbed in Schedule A hereof is the estate or inte specified in said Schedule A. and further advises that. in the opinion of the undersigned, such estate or interest of the OWner Is free of all brances, liens. and oth objectlons. except such encumbrances, liens. and other objections as are shown by Schedule B hereof. July 14, 1971 ; I IN CONSIDERATION of the above named attorney at law (or finn of attorneys at law) having qualified as and being a member (or mem- bers) of LAWYERS' TITLE GUARANTY FUND. LAWYERS' TITLE GUARANTY FUND (a business trust under the provisions of the Declara- I tion of Trust filed with the Secretary of State of Florida. at Tallahassee. Florida. on March 22, 1947, and any amendments to the Declaration at Trust) subject to the Conditions herein, guarantees to the Owner named above. the Owner's legal representative. heirs, and/or devisees. that the estate or Interest of the Owner specified in Schedule A hereof in the real estate described in said Schedule A is free 01 encumbrances, liens. and other Objections. except such encumbrances. llens and other objections as are referred to in SChedule B hereof; and, subject to the Conditions herein, will pay to the Owner all loss or damage. In an amount not to exceed the amount of the declared value of the property, as stated above. the Owner may sustain because of encumbrances. liens. or other objections on or to the estate or interest of the Owner that are not excepted in SChedule B (or excluded In the Conditions) hereof. This guarantee shall become eHective when the opinion above has been duly signed and delivered by a member of LAWYERS' TITLE GUARANTY FUND. I (SEAL) Date Signed GUARANTEE OF TITLE IN WITNESS WHEREOF, LAWYERS' TITLE GUARANTY FUND has caused this document to be executed in its name by its PreBldent and Executive Secretary end its seal affixed. all by cIlrectlon of its Board of Trustees. SERIAL Lawyers' Title Guaranty Fund By &;1 JJtd&r 3235-143 OG (MEMBER NO.) N<! 470329 Paul J. Stichler President and Executive Secretary SCHEDULE A 1, The estate or interest of Owner covered by this document is: Fee Simple I Z. Record evidence of the OWner's title is: Warranty Deed from W. C. Overcash and Mary L. Overcash, his wife, to City of Clearwater, Florida, a municipal corporation, dated July 8, 1971 and recorded July 9, 1971 in O.R. Book 3577, Page 732, of the public records of Pine11as County, Florida. I i Pinellas 3. The real estate on which this op1n1on is rendered and this guarantee Is given is located in Florida, end is described as: That part of the Northwest 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section 28, Township 28 South, Range 16 East lying North of State Road #580 and East 1/2 of South- West 1/4 and West 1/2 of Southeast 1/4 of Section 21, Township 28 South, Range 16 East, less rights of way; subject to survey, containing 180 acres M.O.L., Less the N. 30 feet of NE 1/4 of SW 1/4 of Sec. 21-28-16. West 1/2 of Southwest 1/4 of Section 21, Township 28 South, Range 16 East and Northwest 1/4 of Northwest 1/4 of Section 28, Township 28 South, Range 16 East and Northwest 1/2 of IX.-" Southwest 1/4 of Nortb.west 1/4 of Section 28, Township 28 South, Range 16 East, lying North of State Road 580, less rights of way; subject to survey, containing 140 acres M.O.L. ' i I I County, SCHEDULE B I This opinion and guarantee, In addition to any exceptions in the description in Schedule A.3 hereof, is subject to: 1. All taxes for the year of the effective date of this opinion and guarantee, unless noted here that such taxes have been patd. 2. Rights of persons in possession, other than the Owner. ~ 3. Facts that an accurate surveyor personal inspection of the property disclosed or would have d1sclosed. I 4. Unrecorded labor, mechanic, or materialman liens. 5. Zoning and/or other restrictions and prohibitions imposed by govemmen~ authority. 6. Easements and other encumbrances appearing In the plat or drawings referred to under Schedule A-3. Other restrictions, easements and reverter rights, as follows: (If none, so state; 11 any, copy or make accurate reference thereto.) 7. Reservation reserving 100' road riqht of way on each side of center line of anv " i I!iI llli I I ~ I u I I x x x x " x " x " ! I " " ~ ___.___ ""'''"'''~''",,"~'~0'- I 1- PROMISSORY NOTE . " Clearwater, 'la., July 8, 1971 $ 633,640.00 For value received CITY OF CLEARWATER, FLORIDA, a municipal corporation, does hereby promise to pay to the order of W. C. OVERCA?H . AT Highway 580, Dunedin, Florida 33528, the sum ofSlxHundred Thuty-three ~'h(,\ll"'~n~ Six Hundred Forty & no/ 1 <OOLLARS ($ 633, 64U. UU ), plus interest t ereon at the rate of 7-1/2 per cent per annum, from date to the date of maturi ty. The principal of this note shall be payable in ten equal annual installments, each of whi ch stla 11 be in the amount of Sixty-:=three Thousand Three Hundred Sixty-foUl DOLLARS ($ 63,364.00). The first installment of princtpalshall be due and payable on July 8, 1972, and an installment of principal shall be due and payable on July 8 of each year thereafter until this note is paid in full. The interest on this note shall be payable as it accrued upon the unpaid balances hereof, on each date that an installment of principal becomes due and payable. This note may be prepaid in part or in full at any time without penalty after /lM8 January 1, 1972. A.r-;t In the event of failure to pay within 30 days when due any installment pf this~~ 0. note, the holder hereof may declare the unpaid principal and accrued interest on this note immediately due and payable. Each maker, surety, endorser and guarantor of this note does hereby waive presentation of payment, notice of non-payment, protest and notice of protest, and does hereby agree to all extensions and renewals of this note, without notice. In the event this note is placed in the hands of an attorney for collection after maturity, the undersiined maker agrees to pay an additional amount equal to a reasonable attorneyfsfee. ' , FLORIDA SEAL) v'\J f?\.[l,1 ~~rectness: IIlV~ City Attorney -'\,~.......t"~"~.r~......,.,..~..~...~..!"".- ~-~ '.~_____-_-__ -_ 4 -_~"-F"'..r_.--...------.'-""'-~-- -'-. ~ ,- '--- -'