STEVENS DESIGNER HOMES (4)
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Made this
10th
July
, A. D. 19 87 ,
day 01
iSrtwrru, STEVENS DESIGNER HOMES, a general partnership
BX~/DiBJt existint under the laws of the State of Florida
havint its principal place 01 business in the County of Pinellas
State 01 Florida party of the first part, and
CITY OF CLEARWATER 120 NORTH OSCEOLA AVE. CLEARWATER, FL 33516
of the County of Pinel1as and State of Florida
party of the second part,
lIitur1i1irt~. That the said party of the first part, lor and in consideration of
the sum of Ten and 00/100----------------------------------- Dollars,
to itin hand paid, the r~ceipt whereof is hereby acknowledted, has tranted, bar-
tained, sold, aliened, remised, released, conveyed and confirmed, and by these
presents doth trant, bartain, sell, alien, remise, release, convey and confirm unto
the said part y of the second part, and its heirs and assi~ns
lorever, all that certain parcel of land lyint and beint in the County of
pinellas and State of Florida, more particularly described as follows:
,
and
See Exhibit "A" attached hereto and made a part hereof.
Subject to taxes for the year 1987 and subsequent years.
Subject to easements and restrictions of record.
:II) 15909399 ~o
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56
TOTAL
1. 22,,1181
n.oo
80:'.95
0.,55
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"" wll.grt11rr with all the tenements, hereditaments and appurtenances, with
every privile~e, ritht, title, interest and estate, reversion, remainderand ease/neill,
thereto belontint or in anywise appertainin~: ' .
Wo lQnue nub to Bolb the same in fee simple forever. .
And the said party of the first part doth covenant with the said pdrtY of
the second part that it i.'l lawfully seized of the said premises; that they are free
. --ol-allincumbrances, and that it has tood ritht and lawful authority tQ sellthe
same,' and the said party of the first part does hereby fully warrant the title to said
land, and will defend the sa,me atainst the lawful claims 01 all persons whomsoever.
11u lIiturnn Ifbrrrof. the said par.. of the 'r
caused these presents to be si~ned in it name b it
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general par
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LEGAL DESCRIPTION
Being a portion of that certain property described in Deed Book 943 on
Page 593 in the offic~,al recQrds of Pinellas'County and being a parcel
of land lying within the Southwest 1/4 of Section 32r Township 28
South, Range 16 East, pinellas County, Florida and being more
particularly described as follows:
Commence at the South 1/4 corner of said section 32; . thence
NOooOO'15"E, along the East line of the Southwest 1/4 of said Section
32, being the basis of bearings of this description, for 1331.71 feet
to the POINT OF BEGINNING, said point also being the Northeast corner
of the Southeast 1/4 of the Southwest 1/4 of said Section 32: thence
"89037'15"W, along the north line. of the Southeast 1/4 of the
Southwest 1/4 of said section 32" for 30.00 feet; thence SoooOO'15"W,
along a line 30.00 feet West of and parallel to the East line of ~aid
Southwest 1/4, for 123.06 feet; thence N89056'08"W, for 435.00 fe'et;
thence SOooOO '15"W,' for 35.00 feet to a point on the North line'of a
100 foot Florida Power Corporation Easement, as recorded in Instrument
N~:"~78677A, Deed Book 1517, page 164 of the Public Records of
pinell.s County, Florida: thence N89056'08"W, along said North line,
for 178.04 feet; thence NOoo02'32"E, along a line 30.00 feet East of
~nd'l'arallel.... to the West line of the Northeast 1/4 of the Southeast
1/4" of theUSout;nwese-'it4.--0f$il'id-.siiGt.~on-22T .fO!:'. .1.6.8. O~ f~_et., ... to . a
point on the water's edge of Lake Chautauqua: thence meandering
northeC\s terly along said water's edge, the ,followin~. se:~,n ;( 7) cou~ses
(for closure purposes): (1) thence"N74022'12"B, for' jS;i4'-2 feet; "(2)
thence N86012'38"E, for 100.21 feet: (3) thenae S89053'5StlE, fO:t;".,
100.00 feet: (41 thence N88029'51"E, for 100.03 feet: (S) thenC?';:.
N67023'28"E, for 108.27 feet: (6) thence N56030'17"E, for 119.82 feet:
(7) thence N45051'08"E, for 147.85 feet to the point of intersection
with the East line of the South 1/2 of the Southeast 1/4 of ,the
Northeast 1/4 of the Southwest i/4 of said Se~tion 32; thence
SoooOO~lS"W, along said East line, for 241.00 f~~i to the POINT OF
BEGINNING.
EXHIBIT "A"
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,:,~lr ~,- ROR~ 123 FLOQIDA W...a.,y Oud _~ro.. a Co...)
~,;. exe,?1J tive line
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m-hi!i liubtnfurt,
Made this
10th
July
day of
, A.. D, 19 87 ,
i~t1u~rttf STEVENS DESIGNER HOMES, a general partnership
l!lX~mBK existing under the laws of the State of Florida
having its principal place of business in the County of Pinellas
State of Florida party of the first part, and
CITY OF CLEARWATER
of the County of Pinellas and State of Florida
party of the second part,
mitnr55~t~. That the said party of the first part, for and in consideratio~ of
the sum of Ten and 00/100----------------------------------- Dollars.
to itin hand paid, the receipt whereof is hereby acknowledged, has grunted, bar-
gained, sold, aliened, re'mised, released, conveyed and confirmed, and by these
presents doth grant, bargain, sell, alien, remise, release, convey and confirm unto
the said part y of the second part, and its heirs and assigns
forever, all that certain parcel of land lying and being in the County of
Pinellas and State of Florida, more particularly described as follows:
,
and
See Exhibit "A" attached hereto and made a part hereof.
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Subject to taxes for the year 1987 and subsequent years.
Subject to easements and restrictions of record.
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mll.grt1~rr uith all the tenements, hereditaments and appurtenanCP8, with
every privilege, right, title, interest and estate, reversion, remainder and easemen t
thereto belonging or in anywise appertaining:
[0 Jaunt nnb tn 1101b the same in fee simple forever,
And the said party of the first part doth covenant with the said part y of
the second part that it is lawfully seized of the said premises; that they are free
of all incumbrances, and that it has good right and lawful authority t.o sell the
same,. and the said parhj of the first part does hereby fully wm.rant the title to said
land, and will defend the Stlme against the lawful claims 01 all persons whornsoeuer.
1Jn l!1iHtllrlt5 Eilbrrrof. the said par: '. of the 'r
caused the8e pre8ent8 to be signed in it . naine b it
~Xl!l~~~ '
~~X general par
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S374/6779 (~~paw)
MIDSTAT~ L~GALSU~~L Y.CO.II'lIC. .., ORLANDO, FLORIDA"
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t
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LEGAL DESCRIPTION
Being a portion of that certain property described in Deed Book 943 on
Page 593 in the official recQrds of ~inellas County and being a parcel
of land lying within the Southwest 1/4 of Section 32, Township 28
South, Range 16 East, Pinellas County, Florida and being more
particularly described as follows:
Commence at the South 1/4 corner of said Section 32; thence
NOOOOO'15"E, along the East line of the Southwest 1/4 of said Section
32, being the basis of bearings of this description, fo~ 1331.71 feet
to the POINT OF BEGINNING, said point also being the Northeast corner
of the Southeast 1/4 of the Southwest 1J4 of said Section 32; thence
~89037'15HW, along the north line of the southeast 1/4 of the
Southwest 1/4 of said Section 32,. for 30.00 feet; thence SoooOO'15"H,
along a line 30.00 feet West of and parallel to the East line of said
Southwest 1/4, for 123.06 faet: thence N89056'08"W, for 435.00 feet;
thence SOooOO'15"W,' for 35.00 feet to a point on the North line 6f a
100 foot Florida Power Corporation Easement, as recorded in Instrument
No. 178677A, Deed Book 1517, page 164 of the pUblic Records of
Pin'~l'as County, Florida; thence N890 56' 08 HW, along said North line I
for 178.04 feet; thence NOoo02'32HE, along a line 30.00 feet East of
and .parallel to the West line of the Northeast 1/4 of the Southeast
1/4 of the Southwest 1/4 of said section 32, for 168.02 feet to a
point on the water's edge of Lake Chautauqua; thence meandering
northe~s terly along sa.id water I sedge, the, followin<;1., se;~..~n ;( 7) cou~s es
(for closure purposes); (1) thence'N74022'12"E, for- 3g.,,'4'.2 feet; "(2)
thence N86012'38"E, for 100.21 feet; (3) thence S89053'55"E. for
100.00 feet: (4) thence N88029'51I1E, for 100.03 feet; (5) thenc~,,'.
N67023'28"E, for 108.27 feet; (6) thence NS6030'17"E, for 119.82 feet;
(7) thence N45051'08"E, for 147.85 feet to the point of intersection
with the East line of the South 1/2 of the Southeast 1/4 of ,the
Northeast 1/4 of the Southwest 1/4 of said Se~tion 32; thence
SoooOO'15ItW, along said East line, for 241.00 feet to the POINT OF
BEGINNING.
EXHIBIT itA"
"
~-.::~
...
II!. C~MMONWEALTH lAND
TITLE INSURANCE COMPANY
A Reliance Group Holdings Company
POLICY NUMBER
107- 245873
OWNER'S POLICY OF TITLE INSURANCE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONT-AINED IN SCHEDULE B AND THE
PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, COMMONWEALTH LAND TITLE INSURANCE
COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A,
against loss or damage, not exceeding the amount of insurance stated in Schedule A, and cost, attorneys' fees and expenses
which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of:
1, Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3, Lack of a right of access to and from the land; or
4. Unmarketability of such title.
IN WITNESS WHEREOF, the Commonwealth Land Title Insurance Company has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or
agent of the Company.
~ \\' ITLE 4-
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COMMONWEALTH LAND TITLE INSURANCE COMPANY
AI"" r1~; N Ir:l By a,14:?~'"1
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. (a) Governmental police power.
(b) Any law, ordinance or governmental regulation relating to environmental protection.
(c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances)
restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character,
dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part.
(d) The effect of any violation of the matters excluded under (a), (b) or (c) above, unless notice of a defect, lien or
encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state
statutes deeds, mortgages, lis pendens, liens or other title encumbrances must be recorded in order to impart constructive
notice to purchasers of the land for value and without knowledge; provided, however, that without limitation, such
records shall not be construed to include records in any of the offices of federal, state or local environmental protection,
zoning, building, health or public safety authorities.
2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured
claimant; (b) not known to thc Company and not shown by the public records but known to the insured claimant either
at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in
writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;
(c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; (e)
resulting in loss or damage which would not have been sustained if the insured claimant had value for the estate or
interest insured by this policy.
PA 10 American Land Title Association Owner's Policy - 1970 - Form B (Rev. 10-17-70 and 10-17-84)
Form 1005-22 Face Page
Valid Only If Schedules A, B and Cover Are Attached
ORIGINAL
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 may have had against the
named insured, those who succeed to the interest of such insured by
operation of law as distinguished from purchase including, but not
limited to, heirs, distributees, devisees, survivors, personal represen-
tatives, next of kin, or corporate or fiduciary successors,
(b) "insured claimant": an insured claiming loss or damage
hereunder.
(c) "knowledge": actual knowledge, not constructive knowledge
or notice which may be imputed to an insured by reason of any
public records.
(d) "land": the land described, specifically or by reference in
Schedule A, and improvements affixed thereto which by law constitute
real property; provided, however, the term "land" does not include
any property beyond the lines of the area specifically described or
referred to in Schedule A, nor any right, title, interest, estate or
easement in abutting streets, roads, avenues, alleys, lanes, ways or
waterways, but nothing herein shall modify or limit the extent to
which a right of access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other
security instrument.
(f) "public records": those records which by law impart con-
structive notice of matters relating to said land.
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 so long as such insured retains an
estate or interest in the land, or holds an indebtedness secured by a
purchase money mortgage given by a purchaser from such insured,
or so long as such insured shall have liability by reason of covenants
of warranty made by such insured in any transfer or conveyance
of such estate or interest; provided, however, this policy shall not
continue in force in favor of any purchaser from such insured of
either said estate or interest or the indebtedness secured by a pur-
chase money mortgage given to such insured.
3. DEFENSE AND PROSECUTION OF ACTIONS - NOTICE OF
CLAIM TO BE GIVEN BY AN INSURED CLAIMANT
(a) The Company, at its own cost and without undue delay, shall
provide for the defense of an insured in all litigation consisting of
actions or proceedings commenced against such insured, or a defense
interposed against an insured in an action to enforce a contract for
a sale of the estate or interest in said land, to the extent that such
litigation is founded upon an alleged defect, lien, encumbrance, or
other matter insured against by this policy.
(b) The insured shall notify the Company promptly in writing
(i) in case any action or proceeding is begun or defense is inter-
posed as set forth in (a) above, (ii) in case knowledge shall come
to an insured hereunder of any claim of title or interest which is ad-
verse 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 such prompt notice shall
not be given to the Company, then as to sllch insured all liability of
the Company shall cease and terminate in regard to the matter or
matters for which such prompt notice is required; provided, however.
that failure to notify shall in no case prejudice the rights of any such
insured under this policy unless the Company shall be prejudiced
by such failure and then only to the extent of such prejudice.
(c) The Company shall have the right at its own cost to institute
and without undue delay prosecute any action or proceeding or to do
any other act which in its opinion may be necessary or desirable to
establish the title to the estate or interest as insured, and the Company
may take any appropriate action under the terms of this policy,
whether or not it shall be liable thereunder, and shall not thereby
concede liability or waive any provision of this policy,
(d) Whenever the Company shall have brought any action or
interposed a defense as required or permitted by the provisions of this
policy, the Company may pursue any such litigation to final deter-
mination by a court of competent jurisdiction and expressly reserves
the right, in its sole discretion, to appeal from any adverse judg-
ment or order.
(e) In all cases where this policy permits or requires the Com-
pan~ to pros.ecute or provide for the defense of any action or pro-
ceedmg, the msured hereunder shall secure to the Company the right
to so prosecute or provide defense in sueh action or proceeding, and
all appeals therein, and permit the Company to use, at its option, the
name of such insured for such purpose, Whenever requested by
the Company, such insured shall give the Company all reasonable
aid in any such action or proceeding, in effecting settlement, securing
evidence, obtaining witnesses, or prosecuting or defending such action
or proceeding, and the Company shall reimburse such insured for any
expense so incurred.
4. NOTICE OF LOSS - LIMITATION OF ACTION
In addition to the notices required under paragraph 3 (b) of these
Conditions and Stipulations, a statement in writing of any loss or
damage for which it is claimed the Company is liable under this
policy shall be furnished to the Company within 90 days after such
loss or damage shall have been determined and no right of action
shall accrue to an insured claimant until 30 days after such statement
shall have been furnished. Failure to furnish such statement of loss
or .damage shall terminate any liability of the Company under this
policy as to such loss or damage.
5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS
The Company shall have the option to payor otherwise settle
for or in the name of an insured claimant any claim insured against
or to terminate all liability and obligations of the Company hereunder
by paying or tendering payment of the amount of insurance under
this policy together with any costs, attorneys' fees and expenses in-
~urred up t? the time of such payment or tender of payment, by the
Insured claImant and authorized by the Company.
6. DETERMINATION AND PAYMENT OF LOSS
(a) The liability of the Company under this policy shall in no
case exceed the least of:
(i) the actual loss of the insured claimant; or
(ii) the amount of insurance stated in Schedule A.
(b) The Company will pay, in addition to any loss insured
against by this policy, all costs imposed upon an insured in litigation
carried on by the Company for such insured, and all costs, attorneys'
fees and expenses in litigation carried on by such insured with the
written authorization of the Company,
(c) When liability has been definitely fixed in accordance with
the conditions of this policy, the loss or damage shall be payable
within 30 days thereafter.
Conditions and Stipulations Continued Inside Cover
B 1005-7
I
I
Issue3 with Policy No.
I
Policy No. 107-245873
SCHEDULE A
7/22/87 at 5:31 P.M.
Effective Date:
File Number 87 -103 3
Amount of Insurance: $ 146,820.00
1. Name of Insured:
CITY OF CLEARWATER
I
2, The estate or interest in the land described herein and which is covered by this policy is a fee simple (if other, specify same)
and is at the effective date hereof vested in the named insured as shown by instrument recorded in Official Records Book
6545 , Page 689 , of the Public Records
of Pine11as County, Florida,
3,
The land referred to in this policy is described as follows:
SEE SCHEDULE A CONTINUED
JOHNSON, BIAKELY, POPE, BOKOR, RUPPEL & BURNS, P.A.
Count",ign,d, r:l____ ()')Il. ~ ~ -. . ~
~lltn ~rized Officer or Agent
rw
American Land Title Association Owner's Policy ~ Form A
Porm ] 021-11 Schedule A
ORIGINAL
t::buM
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I
COMMONWEALTH LAND
TITLE I~SURANCE COMPANY
A Reliance Group Hoidi'ngs Company
File No, 87-1033
SCHEDULE A
Policy No. 107-245873
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'~~,....LJ Li~~u!..':,";."7~1f
ct tllut certain proplIIrty duor.ibClld in l
ol::::'totll.l rQo.ord. of Pin~lllUl 'Coul'I.t:y 111m
\.itbin 'l:hlll Southw.ot 1/4 of a.cHon
):0 ~;l,,~J\:. Il'iruilll.. county. r10);'1.I1.-
JuJ~ribwd Q~ talloH"
Al1 iio"l( IJ4J ';11
, ,.,11'4\) ltl 'P1i 1:' C~ 1
:'o'WHiljhiL' :11.1
i,,,inu liiU).'';
L~.~:l~~'J L ~'~::J:;4" ,tlG~1.
~:':',~~iu ~~(;.~'J, ill ~~~~U
\Jj~ l~j::'''.J ~.Ji':L~~\:J
Go)i,!;;,!LvJc; ';;; th,,] liQUet. 1/4 I1iCttnar ot nM l1i.9t1~n H 1 t~i!,,!i,i:i..
~Oou~0'lS~G. Qtonotho Ruut line of the aouth...e.t 1/4 ot ~~id G.utlD~
s:::. . bu:l.~l0 thu buuii:l of but.lrifi(tlil of tbb du<udption. for 1331.'11 ;C",wt
\;0 thu LJor:tl.' 0'.:' u~o:lmu:mo, ultdd p(lin~ a1uo being th. Uorthu"llIt OOI.'lIila'
v;; ",:L0 JOuth""'lot l/:)' at: the l!louthWl:lut 1/4 o~ IIIl11i~ a.oti<m 3:1, tll~IH'),"
~;~jsu::"i'lUh\i. tllOl~cr tho north lino. ot th~ 8outb4lla..t 1/.jj ot Lb.
U~uttulc~t l/G~~ u~id n~ation 32.. tor 30.00 t.~t, th~no. BOO.OO.15"U,
,:1-:,.;; '-' :u.,w ~O, 00 t:uot \II/Iut at an4 par.II.1 to thu tllillH. lino 01: 1.",1.:1
JClll:.lHJ8tJt !./IJ, for 1:13.06 hot' thillna. NU-1S6'OU"U, tor 4.)~.OO h"l;l
[:1.G,100 $O\JI"tHj'15"Uf' tor 36.00 t..t to .. lXlint on tl..-, Uc,rth line> 'of Ol
100 ~oot. ~lDridu Power Corporatio~ Ga..~unt. .. r_Qor4~d i~ InU~~U~Mut
LJt:,::,,_,",l"JtJGi"nL, Iloud llook' 1511. pika. 16t of lh.. 1>ublio 1\."Jo..-.1... ...~
\.'i,lcll'"u::J C<;l\lnty, l.:r1oridQ' theDee Nag-ISIS' oa"\I, &llona 1lI~i4 UOl:'th Ill,..,
~or l'e,O~ fuot; th~no~ NOOo02'33"n. .long.. lin. 30.00 tK~t ~~~t at
em..': 'lD'n:..:llt:.l to thlll UOlllt line of the Northaa.t 1/4 of th" Gl.lUth","uWt
!:oj.} c.~ tl~u [;outtmllJut 1/4 ot ulI4id Ihldtion 33, for 16ij.OJ t...iit \;u u.
~~int 0" tlw ~utu~'u QdOb ~t L~k. Chautauqu., th.na_ ~~~Dd~~lD~
wJrthoqctGrly ulana u&id uuter'a .4ao. tb.,tolloMln~.M~~fa }11 OQUf~~~
(.;o:calouUl:1I j)UL'POtloo), (11 theno4lt'n14'22'12-lS. tor. jtl....lKl tut; "(:II
\:hl:JLII:l(.l I1U~Ul:.l' 3U"ll. tor 100,21 fell!;' (3) th.nao SfHj"lSJ' tW"Ii:l,. toY';,
lCu.M l:-:.uti (..1\ t;honoo "08.:19'51"B. ~()r 100.0) h..t, (hI th~IHJt;. '.
~C1633'~U.S. tor l08.~7 teat, (6) th.na. "66-30'11M~. tor ll~.ij~ ~~~tr
(7) thcn~Q NG~~!l'OOM~. for 147..Ut.et to th. ~~int of i"t.~~~Qtion
Ilith thQ Euut 11n. of th. 80uth 1/2 o~ tb. soutb."~t 1/4 at ,lh~
(~.().....l;h(i;t:.lbl:: '1/0:. of tho 8()uth"...t i/4. of ..id B.illlltion ):)/ tl"IlI\D..
GODYOO'1S~U. ulona Qai4 nu.t,l~no_. for 241.00 t~.i t~ thu ~Ol~T at
U~OIL~.~JJ1::'~.:J .
. -\. -.'
FORM 2002 (Continuation)
ORIGINAL
"
I
SCHEDULE B
I
File Number .87 -1033
Policy No,
107-245873
This policy does not insure against loss or damage by reason of the following exceptions:
1, Taxes for the year of the effective date of this policy and taxes or special assessments which are not shown as existing liens by
the public records,
2, Rights or claims of parties in possession not shown by the public records,
3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and
inspection of the premises.
4. Easements or claims of easements not shown by the public records.
5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by
the public records.
6. This Policy does not insure the nature and extent of riparian rights
and submerged lands incident to captioned property.
7. Florida Power Corporation Easement as recorded in Deed Book 1517,
Page 162, Public Records of Pinellas County, Florida.
Schedule B of this Policy consists of
Pages
American Land Title Association Owner's Policy - Form A
Schedule B
Form 1021-12
ORIGINAL
I
I
(Continued)
CONDITIONS AND STIPULATIONS
7, LIMITATION OF LIABILITY
No claim shall arise or be maintainable under this policy (a) if the
Company, after having received notice of an alleged defect, lien or
encumbrance insured against hereunder, by litigation or otherwise, removes
such defect, lien or encumbrance or establishes the title, as insured, within
a reasonable time after receipt of such notice; (b) in the event of litigation
until there has been a final determination by a court of competent
jurisdiction, and disposition of all appeals therefrom, adverse to the title, as
insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily
assumed by an insured in settling any claim or suit without prior written
eonsent of the Company.
8. REDUCTION 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. No payment shall be made without producing this policy for
endorsement of such payment unless the policy be lost or destroyed, in
which case proof of such loss or destruction shall be furnished to the
satisfaction of the Company.
9. 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 insuring either (a) a mortgage shown or referred to in Schedule B
hereof which is a lien on the estate or interest covered by this policy, or (b)
a mortgage hereafter executed by an insured which is a charge or lien on
the estate or interest described or referred to in Schedule A, and the
amount so paid shall be deemed a payment under this policy. The
Company shall have the option to apply to the payment of any such
mortgages any amount that otherwise would be payable hereunder to the
insured owner of the estate or interest covered by this policy and the
amount so paid shall be deemed a payment under this policy to said
insured owner.
10. APPORTIONMENT
If the land described in Schedule A consists of two or more parcels
which are not used as a single site, and a loss is established affecting one or
more of said parcels but not all, the loss shall be computed and settled on
a pro rata basis as if the amount of insurance under this 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 such
parcel by the Company and the insured at the time of the issuance of this
policy and shown by an express statement herein or by an endorsement
attached hereto.
11. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled a claim under this policy,
all right of subrogation shall vest in the Company unaffected by any act of
the insured claimant. The Company shall be subrogated to and be entitled
to all rights and remedies which such insured claimant would have had
against any person or property in respect to such claim had this policy not
been issued, and if requested by the Company, such insured claimant shall
transfer to the Company all rights and remedies against any person or
property necessary in order to perfect such right of subrogation and shall
permit the Company to use the name of such insured claimant in any
transaction or litigation involving such rights or remedies. If the payment
does not cover the loss of such insured claimant, the Company shall be
subrogated to such rights and remedies in the proportion which said
payment bears to the amount of said loss. If loss should result from any
act of such insured claimant, such act shall not void this policy, but the
Company, in that event, shall be required to pay only that part of any
losses insured against hereunder which shall exceed the amount, if any, lost
to the Company by reason of the impairment of the right of subrogation.
12. LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorsements and other
instruments, if any, attached hereto by the Company is the entire policy
and contract between the insured and the Company.
Any claim of loss or damage, whether or not based on negligence,
and which arises out of the status of the title to the estate or interest
covered hereby or any action asserting such claim, shall be restricted to the
provisions and conditions and stipulations of this policy.
No amendement of or endorsement to this policy can be made
except by writing endorsed' hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
13. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in
writing required to be furnished the Company shall be addressed to
Commonwealth Land Title Insurance Company, Eight Penn Center,
Philadelphia, Pennsylvania 19103.
PAlO NM I
American Land Title Association Owner's Policy - 1970 - Form B (Rev. 10-17-70 and 10-17-84)
Cover Page
Form 1005-8
Valid Only If Schedules A and B Are Attached
...
Issued by
American Land Title Association
Owner's Policy - Form B - 1970
(Rev. 10-17-70 and 10-17-84)
.-
POLICY
OF
TITLE
INSURANCE
I
COMMONWEALTH lAND
TITLE INSURANCE COMPANY
A Reliance Group Holdings Company
Title Insurance Since 1876
HOME OFFICE
EIGHT PENN CENTER
PHILADELPHIA, PA 19103
B-1Q05-8
1
!
TO:
FROM:
COPIES:
SUBJECT:
DATE:
I
.-1
,.I.
CITY' OF CLEARWATER
Interdepartment Correspondence Sheet
Cynthia E. Goudeau, City Clerk
M. A. Galbraith, Jr., City Attorney ~
Dan Deignan, Finance Directorw/copy of closing statement
Purchase of Park Property
July 17, 1987
The subject purchase from Stevens Designer Homes was completed
this date and attached hereto are the following:
Commitment for Title Insurance No. 814-328297
from Commonwealth Land Title Insurance Company
Copy of Warranty Deed , the original of which is
being recorded and will be returned for your file
at a later date.
Survey of the property.
Copy of Closing Statement
MAG:br
ll~, I
. I . ~ ',I,'
;",..1 ,', ;.. W
JUt! 20 ,lQ&-/
(.",l~.. . CU:'r'.: K'
\ ....... l.......
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~...
J
,
I
SELLER: STEVENS DESIGNER HOMES, a Florida general partnership
PURCHASER: CITY OF CLEARWATER, FLORIDA
PROPERTY:
See attached Exhibit "A"
'1
July ~ 1987
* * * * * * * * * * * * * * * * * * * * * * * * * * *
DATE:
* * * * * *
STATEMENT TO PURCHASER
Purchase Price
$146,820.00
Charges:
Record Warranty Deed
15.00
Credits:
Earnest Money Deposit
$ 10,000.00
Balance due from Purchaser
to Close
$136,835.00
$146,835.00
$146.835.00
NOTE: No real estate tax proration was made because the property
is tax exempt for this calendar year.
CITY
OF CLEARWATER -.n
~ !::;tr
By:
As:
KSM/paw
S374/6779
~- ,.
~- '
" -
t-'
I
I
LEGAL DESCRIPTION
Being a portion of that certain property described in Deed Book 943 on
Page 593 in the offic~,al record~ of pinellas County and being a parcel
of land lying within the Southwest 1/4 of Section 32, Township 28
South, Range 16 East, Pinellas County, Florida and being more
particularly described as follows:
Commence at the South 1/4 corner of said Section 32: . thence
NOOOOO'15"E, along the East line of the Southwest 1/4 of said Section
32, being the basis of bearings of this description, for 1331.71 feet
to the POINT OF BEGINNING, said point also being the Northeast corner
of the Southeast 1/4 of the Southwest 1/4 of said Section 32: thence
N89037'15"W, along the north line. of the Southeast 1/4 of the
Southwest 1/4 of said section 32" for 30.00 feet: thence SoooOO'15"W,
along a line 30.00 feet West of and parallel to the East line of said
So~thwest 1/4, for 123.06 feet, thence N89056'08"W, for 435.00 feet:
thence SOooOO '15"W,' for 35.00 feet to a point on the North line 'of a
100 foot Florida Power Corporation Easement, as recorded in Instrument
N~.:..._).78677A, Deed Book 1517, page 164 of the Public Records of
Pinell~s County, Florida: thence N89056'08"W, along said North line,
for 178.04 feet: thence N00002'32"E, along a line 30.00 feet East of
and parallel to the West line of the Northeast 1/4 of the southeast
1/4 of the Southwest 1/4 of said section 32, for 168.02 feet to a
point on the water's edge of Lake Chautauqua: thence meandering
northe~sterlY along said water's edge, the .followin~,se.x~n .(7) cou~ses
(for closure purposes): (1) thence"N74022'12"E, for' j.g.;....4..2' feet: "(2)
thence N86012'38"E, for 100.21 feet; (3) thence S89053'55"E, for.
100.00 feet: (4) thence N88029'5111E, for 100.03 feet: (5) thenc.~~'"
N67023'28"E, for 108.27 feet: (6) thence N56030'17"E, for 119.82 feet;
(7) thence N45051'08"E, for 147.85 feet to the point of intersection
vlith the East line of the South 1/2 of the Southeast 1/4 of ,the
Northeast 1/4 of the Southwest i/4 of said Se~tion 32: thence
SOooOO '15"W, along said East line, for 241.00 feet' to the POINT OF
BEGINNING.
EXHIBIT "A"
'"
~
Ii.~
IZ COMMONWEALTH lAND
TITLE INSURANCE COMPANY
A Reliance Group Holdings Company
Commitment For Title Insurance
COMMITMENT NUMBER
814-328297
COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the company, for a
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of
the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land
described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of
Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this
Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations
hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for
shall be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the
company.
In Witness Whereof, the said Company has caused its Corporate Name and Seal to be hereunto afflxed; this instrument,
including Commitment, Conditions and Stipulations attached, to become valid when countersigned on Schedule A by an
Authorized Offlcer or Agent of the Company.
~~ ,,{\HE ;".
'v~ ~,<I.l\\A rr s,-( <p(/
~~~ '~
-.J z
< - n
u.J ,.,.,
~ ~
~ '; .,> ,~
V"~ .';sn~1o. ~
'If'OJ. ).,,~
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Attest: J1~ 0 fJ!~ ;
{/ f rJ S<<tt''''
Ry 8T $-LP","d'"'
American Land Title Association Commitment - 1966
Form 1004-34 Face Page
Valid Only If Schedules A, B and Cover Are Attached
ORIGINAL
II!. COMMONWEALTH lAND
. . TITLE INSURANCE COMPANY SCHEDULE A
Commitment No,:814-328297Effective Date: f/:.f:? at 8:00 A.M.
Commitme.\ For Title Insurance
S374-6779
File Number: 87 -1033
L Policy or Policies to be issued:
OWNER'S:
$146,820.00
Proposed Insured:
CITY OF CLEARWATER
LOAN:
$
Proposed Insured:
2, The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple, and title
thereto is at the effective date hereof vested in:
PINELLAS AREA COUNCIL, INC., BOY SCOUTS OF AMERICA, A CORPORATION
3, The land referred to in this Commitment is described as follows:
SEE SCHEDULE A CONTINUED
JOHNSON,
BOKOR, RUPPEL & BURNS, P.A.
Countersigned: ~%
rw
American Land Title Association Commitment
Schedule A
Form 1004-35
Valid Only If Face Page, Schedule B and Cover Are Attached
ORIGINAL
It COMMONWEALTH J~D
TITLE INSURANCE COMPANY
A Reliance Group HOldings Company
File No. 87-1033 SCHEDULE A CONTINUED
LEGAL DESCRIPTION:
Policy No.
Being a portion of that certain property described in Deed Book 943 on
Pag€ 593 in the offic1.al records of Pinellas County and being a parcel
of land lying within the Southwest 1/4 of section 32, Township 28
South, Range 16 East, pinellas County, Florida and being more
particularly described as follows:
, .
Commence at the South 1/4 corner of said Section 32; . thence
NOooOO'15"E, along the East line of the Southwest 1/4 of said Section
32, being the basis of bearings of this description, for 1331.71 feet
to the POINT OF BEGINNING, said point also being the Northeast corner
of the Southeast 1/4 of the Southwest 1/4 of said Section 32; thence
N89037'15"W, along the north line of the Southeast 1/4 of the
Southwest 1/4 of said section 32,. for 30.00 feet; thence SoooOO'15"W,
along a line 30.00 feet West of and parallel to the East line of said
Southwest 1/4, for 123.06 teet, thence N89056'08"W, for 435.00 feet;
thence SOooOO'15"W, for 35.00 feet to a point on the North line of a
100 foot Florida Power Corporation Easement, as recorded in Instrument
NO.:.,..._178677A, Deed Book 1517, page 164 of the Public Records of
Pinellas County, Florida: thence N89056'08"W, along said North line,
for 178.04 feet; thence N00002'32"E, along a line 30.00 feet East of
an~ parallel to the West line of the Northeast 1/4 of the Southeast
1/4 of the Southwest 1/4 of said Section 32, for 168.02 feet to a
point on the water's edge of Lake Chautauqua; thence meandering
northeasterly along said water's edge, thefollowina s~ven (7) courses
(for closure purposes); (1) thence" N74022'1211E, for' j;8.>4~2; feet; "" (2)
thence N86012'38"E, for 100.21 feet; (3) thence S89053'55"E, for.
100.00 feet; (4) thence N88029'51"E, for 100.03 feet; (5) thenci.....
"~.
N67023'28"E, for 108.27 feet; (6) thence N56030'17"E, for 119.82 feet;
(7) thence N45051' 08"E, for 147.85 feet to the point of intersection
with the East line of the South 1/2 of the southeast 1/4 of .the
Northeast 1/4 of the Southwest 1/4 of said section 32; thence
SOooOO'15"W, along said East line, for 241.00 feet to the POIN'l' OF
BEGINNING.
'4i
_ lit.."
.: Zo'.
... ~;I"
. .,.... :.~ '~:.
I~""'!'I-'
FORM 2002 lContinuation)
ORIGINAL
I
I
SCHEDULE B - SECTION 1
Commitment No.:
File Number: 87-1033
The following are the requirements to be complied with:
/
Payment of the full consideration to or for the account of, the grantor's or mortgagors,
lnstrument(s) creating the estate or interest to be insured must be approved, executed and filed for record:
1~~~~
from Stevens Designer Homes,
of Clearwater.
a Florida General Partnership to
, Payment of all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable,
Satisfactory evidence should be had that improvements and/or repairs or alterations thereto are completed; that
contractor, subcontractors, labor and materialmen are all paid.
SEE SCHEDULE B - SECTION I CONTINUED
Schedule B - Section 1 - AL T A Commitment
Form 1004-36
ORIGINAL
-.....
(
l!.~
SI COMMONWEALTH lAND
TITLE INSURANCE COMPANY
A Reliance Group Holdings Company
FileNo. 87-1033
Policy No.
SCHEDULE B - SECTION I CONTINUED
~. Partial Release of the Mortgage executed from The Pinellas Area
Council of Boy Scouts of America, Inc., to Southeast Bank, N.A.,
dated 1/21/82, filed 1/22/82 in O.R. Book 5300, Page 544, as
modified in O.R. Book 5459, Page 1457; O.R. Book 5698, Page 120;
O.R. Book 5926, Page 2021 and O.R. Book 6177, Page 656, Public
Records of Pinellas County, Florida, in the amount of $70,000.00.
6. Partial Release of the Mortgage executed from Pinellas Area
Council of Boy Scouts of America, Inc., a Florida Non-Profit
Corporation~ to Southeast Bank, N.A., dated 1/12/83, filed
1/17/83 in O.R. Book 5459, Page 1453 as modified in O.R. Book 5459,
Page 1457; O.R. Book 5698, Page 120; O.R. Book 5926, Page 2021 and
O.R. Book 6177, Page 656, Public Records of Pinellas County,
Florida, in the amount of $45,000.00.
7. Resolution of Board of Directors confirming & authorizing sale.
8. Deed from Pinellas Area Council, Inc., Boy Scouts of America, a
Corporation to Stevens Designer Homes, a Florida General Partnership.
9. Examination of the Stevens Designer Homes Partnership Agreement
to rletermine who the partners are and their authority to convey
caption.
FORM 2002 (Continuation)
ORIGINAL
I
I
SCHEDULE B - SECTION 2
Commitment No,:
File Number: 87-1033
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed
of to the satisfaction of the company:
t' Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or
~ attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record
the estate or interest or mortgage thereon covered by this Commitment.
-1 \l~ 2. Any owner's policy issued pursuant hereto will contain under Schedule B the standard exceptions set forth at the inside
cover hereof. Any loan policy will contain under Schedule B the standard exceptions set forth at the inside cover hereof
unless an affidavit of possession and a satisfactory current survey are submitted, an inspection of the premises is made, it is
determined the current year's taxes or special assessments have been paid, and it is determined there is nothing of record
which would give rise to mechanic's liens which could take priority over the mortgage (where the liens would otherwise
take priority, submission of waivers is necessary),
3. This POlicy does not insure the nature and extent of riparian rights
and submerged lands incident to captioned property.
4. Subject to Florida Power Corporation Easement as recorded in Deed
Book 1517, Page 162, Public Records of Pine11as County, Florida.
TAX INFORMATION: #32-28-16-00000-410-0000 RE 192182 CTF
Tax Exempt 3,553,700 Gross $-0-
Schedule B - Section 2 - AL T A Commitment
Form 1004-37
ORIGINAL
I I
Commitment For Title Insurance
Tho policy will bo io" to tho ~!,":o: 7EJl~t ~ I of SchoduIo B hmof ,nd to tho
following exceptions rights or claims of parties in possession not shown by the public records; encroachments, overlaps,
boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the
premises; (2) unrecorded easements, or claims of easements, not shown by the public records; (3) any lien, or right toa lien,
for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public reco~
CONDITIONS AND STIPULATIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2, If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B
hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability
for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so
disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company
otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company
at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company
from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included
under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance
hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in
Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event
shall such liability exceed the amount stated in Schedule A for the policy or policies committed fOr and such liability is
subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are
made a part of this Commitment except as expressly modified herein.
4, Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising
out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment
must be based on and are subject to the provisions of this Commitment.
Amcrican Land Titlc Association Commitmcnt 1966
Cover Pal~c
Form 1004-38
~
'" , I "" "" I '" "'"'' "
"'''' "'" " "
'''''~
I'"
'.
COMMITMENT
FOR
TITLE
INSURANCE
,-
American Land Title Association
1966
'....
COMMONWEALTH lAND
TITLE INSURANCE COMPANY
A Reliance Group Holdings Company
Title Insurance Since 1876
HOME OFFICE
EIGHT PENN CENTER
PHILADELPHIA, PA 19103
81004-38
!'-- "'--
,~
1
CITytOF CLEARWATE~
Interdepartment orrespondence Sheet ~
TO:
Cyndie Goudeau, City Clerk.
FROM:
Ream Wilson, Director Parks and Recreation
COPIES:
SUBJECT:
DATE:
Addendum to Contract, Purchase of Park Property
June 30, 1987
Attached is a "Second Addendum to Contract for Sale and
Purchase" of park property between the City of Clearwater
and Stevens Designer Homes. The City Commission approved
this Addendum at their last Commission meeting and B~tty
Russell asked that I forward a copy to you. It has been
fully executed and I'm available in the event you have any
questions.
Attachment
RW/ev
RECEIVED
JUL 1 198-'
CrTY CLERK
.'. 1ol,' \.
, SECOND ADDErvtUM TO CONTRACT FOR SALE ANI PURCHASE
THIS SECOND ADDENDUM to Contract for Sale and Purchase shall
be attached and become a part of that certain Contract for Sale and
Purchase ("Contract") between STEVENS DESIGNER HOMES, a Florida
general partnership (SELLER), and THE CITY OF CLEARWATER, FLORIDA,
a municipality in the State of Florida (BUYER), executed by Seller
on February 16th, 1987 and by Buyer on March'26th, 1987.
WHEREAS, it is the intent of the parties hereto that the amount
of acreage tei be conveyed per the'''Contract'' shall be reduced from
3.24 acres to 2.89 acres in accordance with the sketch attached hereto;
and, with the purchase price being adjusted accordingly on a pro-rata
per acre basis from the original $164,600.110 La a total purchase price
of $146,82D.nn
Seller shall at his sole expense deliver to Buyer,prior to closiriy
of this transaction, a corrected certified survey and a corrected tiLle
commitment.
--P~~j:~
Witness
t.{'1o}:t,\
I {
Date:
BUYER:
.~. ~/~
Witnes
Its
City Manager
Approved asto form and
correctness:
Attest:
c <'""' ....}q ,,-..-.-
~~C. ~;.):;.Ls.~;"r-:-
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-:~ ~ -~ ~,~
C;/;;S-/~7- - _.-.~' ',~:~~.-
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Da t e':
..
,
OC' RocU
FC/jI,lftA'W ! /
o pO.l..~tt{JJ:.) 7 7 q 7
1t2-038
FOR: "
-, "" .l,o. _
NAME:
7/-/16
/S~';(/O-r'.';A SURVey
.~ ~!- ,
Sec:- 3Z Twp. 28 S. R<;je. I~ E.
Scole ///= ';DO'
Ea5 r Llhe 0/' Soulh ~z
01' 5E 1/4 of AlE 1/4 of
5Wt/4 of Bee. 32- 28-/&.
5oo000'/S"W
~~.
~
lJ<::15" 51 ' De ~ e
147. 85'
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v
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Joo No.
N'orlhea5t Corner of 6814 of 6WV4
of 'Bee. oZ- ZB - /('p.
PO.B.
~
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...
~
16
~
j../cP7t1C?3'Z8" e
/e>.B. 27'
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. \ cl'~
),,/880 eg's/"G-
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WAic:.E"3 EDGe
0'<'/ 3/ Z7 /87
)
580/63' 55"e:
100. co'
~
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"ro
\O~
, .....
~
Fil.~. S.I.~.
A./C::X:>o OZ' B2" G I
.. /u,t3.oz' 30
500" oo'/5"'W
35.00'
)J~O IZ' 38'e:
/00.2/'
JJ 740ZZ'/Z"C3
3e.4Z'
k/e€>t une.
of ME 1/4 of' 36: V4 of
SW IJ:I. of 5ec. '32-28 - /tD.
5TtE-VE)J'5
CLC= A..e"WA Te.e
.,If SGG A TrACI-/&:-D LeGAL De5CI2IPrlD,u.
Calculated by I
TRAC T
PAJeCEL
04/-04.8/
K.:fe
Oot,
Drawn by:
&/08/87
RMC
Profea 1 nal Land Surveyor I 500.0
State of Florida
Oleeked by :
:!L8
~ APPENZELLER,. BOYD & ZARRA, INC.
Engillccring and Survcyin.g
2 165 Sunny<Ule 1lIvd.; Suite D. ~~IW~ter. f1o~ 33 575
(81 l) 446.2600. (81l) 446.2.524. (Ill) 446,170l
ShHl / of Z
...~
,~< .. .c -
" , ^ ., I
.
I
,
LEGA.L DESCRIPTION - STEVEN I S TRACT I CLEARWATER PARCEL
Being a portion of that certain property described in Deed Book 943 on
Page 593 in the of~icial records of Pinellas County and being a parcel
of land lying within the Southwest 1/4 of Section 32, Township 28
South, Range 16 East, Pinellas County, Florida and being more
particularly described as follows:
Commence at the South 1/4 corner of said Section 32; thence
NOooOO'15"E, along the East line of the Southwest 1/4 of said section
32, being the basis of bearings of this description, for 1331.71 feet
to the POINT OF BEGINNING, said point also being the Northeast corner
of the Southeast 1/4 of the Southwest 1/4 of said Section 32; thence
N89037'15"W, along the north line of the Southeast 1/4 of the
Southwest 1/4 of said Section 32, for 30.00 feet; thence SOooOO'15"W,
along a line 30.00 feet West of and parallel to the East line of said
Southwest 1/4, for 123.06 feet; thence N89056'08"W, for 435.00 feet;
thence SOooOO'15"W, for 35.00 feet to a point on the North line of a
100 foot Florida Power Corporation Easement, as recorded in Instrument
No. 178677A, Deed Book 1517, page 164 of the Public Records of
Pinellas County, Florida; thence N89056'08"W, along said North line,
for 178.04 feet; thence NOoo02'32"E, along a line 30.00 feet East of
and parallel to the West line of the Northeast 1/4 of the Southeast
1/4 of the Southwest 1/4 of said Section 32, for 168.02 feet to a
point on the water's edge of Lake Chautauqua; thence meandering
northeasterly along said water's edge, the following seven (7) courses
(for closure purposes); (1) thence N74022'12"E, for 38.42 feet; (2)
thence N86012'38"E, for 100.21 feet; (3) thence S89053'55"E, for
100.00 feet; (4) thence N88029'51"E, for 100.03 feet; (5) thence
N67023'28"E, for 108.27 feet; (6) thence N56030'17"E, for 119.82 feet;
(7) thence N45051'08"E, for 147.85 feet to the point of intersection
with the East line of the South 1/2 of the Southeast 1/4 of the
Northeast 1/4 of the Southwest 1/4 of said Section 32; thence
SOooOO'15"W, along said East line, for 241.00 feet to the POINT OF
BEGINNING, and containing 2.89 acres, more or less.
LD4:0410480.leg/1
~ -'-c~/3 )d
'/08/87
Chelsea Woods - Phase III
041-04.80
KJB
12/15/86
Revised 03/13/87
Revised 04/15/87
Revised 06/05/87
jfJ
~ CONTRACT FOf\ SALE AND PURCHASE
:-AfmES: "STEVENS DESIGNER OMES a ri'orida eneral altnershiD ,....S.II.r..,
.of P . O. Box 9 11 Sa 1 t ~ H arb 0 r F 1 0 r i d a 3357 2 . (Ph .on. 7 2 5 46 1 0 ),
.nd ' THE E I T Y 0 F C LEA R W AT E R, r L 0 RID A, a m u n i c i pal i t y i nth eSt ate 0 f t J.Q".ty~ra.
of P . O. Box 4748 C 1 ear w ate r , F 1 0 rid a 3 3 518 (PhGn. I.
-
h.r.by .gr.. th.t the S.II.r th.1I ..11 .nd Buy.r .h.1I buy the fallawlng prap.rty upan th. fGllawlng t.rm. .nd candltian. WHICH INCLUDE th. St.nd.rd. Far
R..I En.t. Tr.nuctlan. an the r.v.... her.af .or .tt.ched hereta, her.ln.fter ref.rred to.. "Stand.rd(.I".
I.
DESCRIPTION:
{.I L.g.. description 01 real eltate {"Praperty"llocated In
Caunty, Flarid.:
Pin.::.llAR
the Southe~ly boundaries of Lake Chautaugua
1/2 of Se~tion 32, Township 28S, Range 16 E,
3.24 Acres MOL, located along
West of Soule,Rd. in the South
(See attached sketch)
Ibl Str.et addre.., if .ny. .01 the Prop.rty being conv.ved is
(cl P...Gn.1 praperty includ.d:
: ."
II.
. " . . . . . . . .
.$
164,600.00
PURCHASE PRICE: . . . . . . . , , . . ' ,
PAYMENT:
1.1 Q..pa.ltl.1 to b.l. h.ld In e.crow'by J 0 h n son , B 1 a k e 1 y , Po p e , B 0 k 0 r , R u p pel
lj urn s, t:. A . . in the .maunt .01. .
Ibl Subj.ct ta AND .ssumptian .of Martg.g. in f.vor .01
&
. . .$
10,000.00
Int.re.t $
b.aring int.reU .t " p.r .nnum .nd p.y.ble .. ta princlp.1 and
p.r month, h.vlng .n appro.im.t. pr...nt princip.1 b.l.nc. .of. . .. $
{cl Purch... mon.y martgag. and nata b..ring Int.r..t .t " an t.rm. ..t farth h.r.in b.low, In th.
princip.1 .mount 01 . . , . . . , . . , . . . . . . . . . . . ~ ., . . , . , . . . . . . . . . . . . , . . . . . . .. .$
(dl Oth.r, $
{.I B.I.nc. ta cia.., IU,S. c..h. c.rtified .or ~..hi.r'. check I .ubj.ct ta .djuum.'''s .nd prar.tion. . .$
TOTAL .$
154,600.00
164,600.00
ditlaned upan the Buv.r .obtaining a firm commitment lor .aid loan within
,,: tarm .of .r "
:..
o . at an Interest rate not to exceed
lic.tlan lar. .nd ta u.. r...an.bl. dill,
a~ \l\ ~1
IV, TITLE EVIDENCE: Within 15.d a y s . dayi fram data .01 Contract. S.lI.r shall. at hi. e.penle, deliver r or his rne, i accorbance with
Standard A., either (CH ECK 1 0 C 1) .or 00 {21 : 111 ab'lract, or 121 title insur.nce commitm.nt with I.e .owner'. title palic p m t~b:'l:faid by Sell'5 at Cla~l~g.
V. TlMEFORACCEPTANCEANDEFFECTlVEDATE:llthi.ollerilnot...cutedbybath .of the p.rtie. h.r.ta na . r. 0 FUBfy 1 ,1V ,
'the .foresaid depasitC.1 shall be, at the aptian .01 Buyer. returned to him and thil ofter thall therealter be null and vaid. T e date .01 Cantract ("EIlective Date"l
Ih.lI be the date when the last .one .of the Seller and Buyer has signed this.;)f'er,
VI~d~lrH:fi Ift1G DATE:. Thi. tr.nsectian' .h.1I b. cla..d and the deed ,.rld ath.~ cla.lng p.p... d.livered an the
19""__l! unl... ..tend.d by oth.r pravi.ian. .of Cantr.ct.' .
VII. RESTRICTIONS. EASEMENTS, LIMITATIONS: The Buyer .hall t.ke title .ubject ta: Zaning. ..urictian.. prahibitians end ath.r requirem.nu impo.ed by
gav.rnm.nt.1 .utharlty; R.strictlan. .nd m.n... .pp.aring an the plat .or ath.rwi.. cammon t.o the .ubdivi.ian; Public utility ...em.nU of ,.card, (pravid.d ..id
....m.nu .r. lacat.d contiguous thraughout the prap.rty line. and .,. nat more th.n 10 le.t in width a. ta the re.r .or frant Iin.. .nd 7Y. f.et in width.. ta the
.id. Iin... unl... ath.rwi.. Ip.cified h.r.in); T .... lar Veer .of cloling .nd .ublequ.nt y..'.. .ssumed martgagel .nd purch..e man.y martg.ge., if eny;
. Buy., .gre.. to m.k
---~-----set forth in the
d.yal ,
other:
provided, hawever, that nan. .of the faregaing shall prevent ule .01 the PrOI>erty far the purpo.. 01 Parkland
VIII. OCCUPANCY: S.lIer repre..nts that there .re no parties in ~ccupa"cy other th.n Sell.r. hut if Praperty is intend.d to b. ,ent.d or .occupied beyond c1a.lng,
the I.ct and term. thereal .hall b. stat.d herein, and the tenantl.1 shall be disclo.ed pur.uant ta St.nd.rd G. Seller agree. ta deliv.r .occupancy .01 Praperty at
tlm. of closing unless oth.rwl.. specified belaw, If occupan<:y i. to b. delivered prior ta clasing. Buyer assume. all risk .01 lass ta Praperty Iram date 01 occu'
p.ncy, shall be responsibl. and liable for mainten.nce thereol fram .aid date, .nd thall b. deamed ta have accepted the Praperty, real .I\d persanal, In iu..istlng
candltlon .. of tlm. of taking accupancv unless atherwi.. nated in writing. .
IX. ASSIGNABILITY: ICHECK ONEI Buyer Om.y ,"ig~ m.y nat .ssign; Cantr.ct.
X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typ.writt.n .or h.ndwfltt.n pr.ovi.ian. in.er'ted her.in .or .ttached h.r.ta eI Addend. sh.1I cantral
.11 print.d provl.ian. In conflict th.r.with.
XI. INSULATION RIDER: If Contr.ct I. us.d lar the sal. of. n.w r..id.nc., the In.ulatian Rider Ihall be an.ched hereta and made. part hereaf.
XII. SPECIAL CLAUSES:
*See Addendum attached hereto and incorporated herein.
----------------
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BV THE FLORIDA ASSOCIATION OF REAL. TORS AND THE FLORIDA BAR
Copyright 1981 by Th. Flarid. Bar .nd the Flarid. A.soclatian .of REAL TORS
- - - - - - - - -:.~c:.: ~ ~u~.ran /tIA/Lrk ~&I If ef7
CITY OF CL~ARWATER,FLORIDA, a municipality
in the State of Florida (SEALI
tt:D"b~De~M
City Manager
WITNESSES: ITwo r.comm.nded but NOT requiredl
By:
S'6t
{SEALI
WITNESSES: (Two recomm.nded but NOT requlredl
~at'~
Q'QG.It{.1 unlte,r 1\ {.llrec.,bIed: If c.lleck. .ubj.c;.t ta cl..r.~..
JOnnSOn,~laKe y,rope,ljokor, Kuppel ~ Burns,
B~v id N. Morrison {EacrGW Ag.ntl
P.A.
m-
p.nsatlon In the .mount .of % 01 groll purchase price or $ , for hi. services In .llectlng the mg a Buyer, ready,
willing .nd .bl. to purchase pursu.nt to the lor.galng Cantr.ct, In the .vent Buyer I.ils ta p.rform .nd depasltl % thereal, but not e.c.edlng th.
8rok.r'. I.e abav. computed, shall be p.id ta the Brok.r, a. lull con.lder.tlon for Braker'. .erv ng ca.U ..pended by Braker, and the b.lanc. .hall b.
p.1d to S.lIer. If the tranMctlon .hallnot be clo"d b.c.use .01 r.lu.al .or lailure .of r orm, the Seller .hall pay said Ie. In lull to Broker on demand.
(SEALI
{N.m. of Brok.rl
{S.lIerl
..
..
.,.
TANDARDS FOR REAL ESTATE TRANSACTION
A. EVIDENCE OF TITLE; y
an eKisting lirm) purporting to be an accurate synopsis of the Instrumentleflectlng the title to subject Property recorded In the' unty where.
in the PropertY is slwated, through Effective Date. An abstract shall commence with the earliest ,ater date.as may bill customary in the
county wherein the Property Is situated. Seller shall convey a marketabl ens, encumbrences, eKceptlons or qualifications set forth in this Con
tract and those which shall be discharged b os ng. MarkeJable title shall ba determined ill accordance wllh applicable Title Standards adopted
by authority 01 1 accordance with law. ,!;!.pan closing of this transacllon such abstract shall become the, properly 01 Buyer, suhjecllo the righl
, r I3J e litle ,Insurance commitment Issued by a qualified title Insuror egreeing to issue 10 Buyer, upon
recording 01 the deed to Buyer. an Owner's policy of title ",surance In the amount of the purchase price, Insuring tille of the Buyer 10 the Property, subject
only to liens. encumbrance., eKceptions Or qualificatIons sel forth in this Contract and those which .hall be discharged by Seller at or before closing, Buyer shall
have 30 days, If abstract, 0(' 5 day., II Iltle commitment; from date of receiving evidence of title to eKamlne same. If lille I. f,ound defeclive, Buyer shell, wilhin 3
days thereafter, notify Seller In writing specllylng delect(s!. If .ald defect(s) render title unmarketeble, Seller shall have 120 ~ay. from receipt of notice within
which to remove said defect(s), and If Seller is unsuccesslul In removing them within .ald time, Buyer shall'have the option of eilher (1) accepting the lille as il
then is. or (2) demanding a refund of all monies paid hereunder which shall fqrthwllh be returned to Buyer and thereupon Buyer and Seller shall be released. as to
'one another, 01 all furlher Obligations under Ihe Contract; however, Seller agrees Ihat he wlll, If title Is found to be unmarkelable, use diligenl effort to correct Ihe
defecl(s) in title within the time provided therefor, Including the bringing of necessary sufts. '
B. EXISTING MORTGAGES: Seller shall furnish a slatement from the mortgagee(.) setting forth principal balance, melhod of payment, Interest rate a'nd whelher
Ihe mortgage(s) is In good standing. If a mortgage require. approval of the Buyer by the mortgagee In order to avoid delault, or for assumption by Ihe Buyer of said
mortgage, and (II the mortgagee does not approve Ihe Buyer; the Buyer may re.clnd the Contract, or m raqulres an Increase in tha interest rale or charges a fee
for any reason'" eKcen of $100.00. the Buyer may resclnq the Contractunlen Seller elect. to pay suchlncrease or eKcess. Seller and Buyer shall each pay 50% 01
such fee. Buyer shall usa reasonable diligence to obtain approval. The amount of any escrow deposits held by mortgagee shall be credited to Seller.
first mortgage and a 15 day grace peri~d if a second mortgage; shall provide fa,' right 0; prepayment in whole or ' a y; shall not provide for'
acceleralion or inierest 'adjustment' in evenl of ,esale of the Property; and shall be other' . enl required by Seller's allorney; provided. however,
Seller may only require clauses customarily lound in mort a generally utilized by savings and loan institutions in the county wherein the
Property is located, Said mort a e ner of the encumbered Property to keep all prior lIans and encumbrancps in good standing and forbid the
owner of accepting modifications of or future advance. under prior mortgage(s). All personal properly being conveyed will, al oplion of Seller,
D. SURVEY: The Buyer, within time allowed for delivery of evidence of tille and eKamlnatlon thereof, may have the Property surveyed at his eKpense, If Ihe
survey. certified by a registered Florida surveyor, shows any encroachment of said Property or thet Improvements inlended to be located on Ihe Property in fact
encroach on larids of others, or violale any of the Conlract covenants, the same shall be trealed as a title defect.
, '
occurs last, may have the improvements Inspected at Buyer's expense bV 8 Certified Pest Control Operator to determine wheth I e active termito
Infestation or visible eKlstlng damage from termite Infestation In the Improvements. If Buyer Is'lnform' 0 the foregoing, Buyer will. have 4 days
from dete of written notice thereof or 2 days after selec.tion of a contractor "st, within which to have all damages, whether visible or nOI. in,
spected and estimated by a licensed building or general '. s all pay valid costs of Ireatment and repair of all damage up to 1 y,% of Purchase Price.
Should such costs eKceed that ave the Option of cancelling Contract wllhln 5 days after receipt of contractor's repa" estomale by glVlllg
written n uyer may elect to proceed wilh the transaction, In which event Buyer shall receive a credit at closing of an amount equal to lY,% 01
., .' t.
F. INGRESS AND EGRESS: Seller warrants that there Is Ingress and egress to the Properly sufficient for the inlended use as described in Paragraph VII hereof
the tille to which is in accordance with Standard A. ,., ,
G. LEASES: Seller shall, not len than 15 days prior to clo.lng, furnls'" to Buyer caples of all written lea.es, and estoppel letters from each tenant specifying Ihe
nalure and duration of said tenant'. occupancy, rental rate. and advanced rent and .ecurity deposits paid by lenant. In Ihe event Seller is unable to obtain such
letter from each tenant, the same Information shall be furnished, by Seller to Buyer within said time period in the form of a Seller'. affidavit. and Buyer may
thereafter contact tenants to confirm such information. Seller shall deliver arid assign all original leases 'to Buyer at closing.
H, LIENS: Seller shall, both as to the Property and personalty being sold hereunder, furnish to Buy,r at time of, closing an affidavit attesting to the absence. unless
otherwise provided for herein, of any financing statements, claims of lien or potentlallienors known to Seller and further attesling thai there have been no improve.
ments to the Property for 90 days immediately preceding date of closing. If the Property has been Improved within said time, Seller shall deliver releases or waivers
of all mechanic's liens, eKecuted by general contractors, subcontractors, suppliers, and materialmen, in addition to Seller's lien affidavit setting forlh Ihe names of
all such general c'ontractors, subcontractors, suppliers and materialmen and further reciting Ihat in fact all bills for work to the Property which could serve as a basis
for a mechanlc's lien have been paid or will be paid at closing.
I. PLACE OF CLOSING: Clo.lng shall be held in county wherein Property Is located. at the office of attorney or other closing agent designated by Seller,
J. TIME: Time is of the essence of this Conlract. Any reference herein to time periOdS of less than 6 days shall in the computalion thereol eKclude Saturdavs. Sun-
days and legal holidays, and any time pariod provided for herein which shall end on a Saturday. Sunday or legal holiday shall eKtend to 5;00 p,m, of the neKI full
business day. .
K. DOC'lJMENTS FOR CLOSING: Seller shall furnish deed, mechanic's lien affidavit, assignments of leases, and any corrective instruments thai may be required in
conneclion with perfecting ~he title. Buyer shall furnish closing slatement, mortgage, mortgage note, security agreement, and' financing stalements.
L. EXPENSES: State documentary stamps which are,required to be affiKed to the instrument of conveyance, inlangible tax on and recording of purchase money
mortgage to Seller, and cost of recording any correctiva instruments shall be paid by Seller. Documentary stamps to be affiKed to the nole or notes secured by the
purchase money mortgage, cost of racordlng the deed and financing statements shall be paid by Buyer.
M. PRORATION OF TAXES (REAL AND PE RSONALl:TaKes shall be prorated based on the current year's taK with due allowance made for maKlmum allowable
discount and homestead or other eKemptions if allowed for said year, If closing' occurs at a date when the current year's millage is not fiKed, and current year's
assessment is available, taKes will be prorated based upon such assessment, and the prior year'., millage, If current year's assessment is not available, then taKes will
ba prorated on the prior year's taK; provided, however,.if there are completed Improvements on the Property by January 1st of year of closing, which improvements
were not in eKistence on Jenuary ht of the prior year, then taKe. shall be prorated based upon the prior year's millage and al an equitable assessmenl to be agreed
upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking Into consideration homestead
eKemption, if any. However. any taK proration based on an estimate may ~t request, of either party to the transaclion be subsequently readjusted upon receipt of
taK bill on condition that a statement to Ihat effect is set forth In the closing statement.
N, SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are 10 be paid
by Seller. Pending liens ail of date of closing shall be assumed by Buyer; provided, however, that where the improvemant has been substantially compleled as of the
Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the lasl estimale
by the public body, of tha assessment for the improvement. ' "
his eKpense. have Inspections ";'ade of a IIIg on the repair and main,
loon prior to taking of possession thereof, or 6 days prior 10 closing.
heve waived Seoler's warranty as 10 failures not repo,led, Valid reported
. . . e.
working condllion as of 6 days prior to closing. Buyer ,mav., at
tenance thereof, and shall report In writing to Seller such i
vhichever is first, saod period, he shall be deemed to
Valuation of the improvements so damaged, cost of restorJltlon shall be an obligation of Ihe Seller n 0 I e le,ms of Contract
with COSI therefor escrowed at closing, In the event Ihe . 0 the assessed valuallon of Ihe improvemenls so damaged. Buyer
shall have th' . r Y as s, together with either the said 3% or any insurance proceeds payable by virtue of such loss or damage, or of
and real property, ;ncludln lawn shr
Ion
ey eKlSted as of Effecllve Dale, ordinary weer an<l.;
R. PROCEEDS OF SALE AND CLOSING PROCEDURE: The deed shall be' recorded upon cleerance of funds and evidance of title continued at Buyer's aKpense.
to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the lasl evidence, and Ihe cash pro.
ceeds of sale shall be held in escrow by Seller's ettorney Or by such other escrow agent a. may be mutually agreed upon for a period of not longer than 5 days
from.~lIind afte, closing diUe. 1" ~ II 'f ,'jl '- - _....a --I - '-'rar,., 8u-.T ,"'r1t l1~t~ .8ia' I .... ...rllI~. FlB'if, Siller if! riliJlI a1 l~~ ~!f!..t _ JJ S811~ --,-telllll
heve 30 davs from date of receipt of such notification to cure said defect. In the evenl Seller falls to timely cure s . er s-a' , upon
written demand Iherefor and within 5 days thereafter, be retu,ned to u r c repaymelJt, Buyer shall.vacale the Property and recon.
vey same to the Seper b s e uyer a Is to make timely demand for rafund, he shall take tllie as is, waiving all rights against Seller
, . , , . , d. In the event a portion of Ihe purchase
price is to be derived from Institutional financing or refinancing, the requirements of the lending institution as to place, time of day and procedures lor clos,
lng, and for disbursement of mortgage proceeds, shell control, anvthing In this Controct to the contrary notwilhstanding. Provided, however, Ihat Ihe Seller shall
have the right to require from such lending institution et closing a commitment that It will nol wllhhold disbursement of mortgage proceeds as a result of any title
defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived In the event the attorney, title agent or closing
agent insures against adverse matters pursuant to Sectlo~ 627,7841, F .S. as emended, . '
S. ESCROW: Any escrow agent receiving funds is authorized and agrees by acceptance ,thereof to promptly daposit and to hold same in ascrow and to disburse,
same subject to cleerance thereof In accordance with terms and conditions of 'Contract. Fallu,e of clearanca of funds shall not eKcuse performance by the Buyer.
In the event of doubt es to his duties or liabilities under the provisions of this Contract, the escrow agent may in his sole discrelion, continue 10 hold the monies
which are the subject of this escrow until the parties mutually agree to, ,the disbursement thereof. or untll'a judgment of a court of competent jurisdiction' shall
determine tha rights of the parties thereto, or he may deposit all the monies then held pursuant to this Contract with the Clerk of the Circuit Court of the County
having jurisdiction of the dispute, and upon notifying all parties concerned of such action, all liability on the part of Ihe escrow agent shall .fully t"rminate, eKcept
to the eKtent of accountlnll,for any monies theretofore delivered out of escrow, If a licensed real estate broker, the escrowee will comply with provislons'of Sec'tion
475,25 (1) (c), F,S., as amended. In the event of any suit between Buye,' and Seller wherein the escrow egent is made a party by virtue of acting as such escrow
agent hereunder, or in the event of any suit wherein escrow agent Interpleeds the subject matter of this escrow, Ihe escrow agent shall be entitled to recover a
reasonable attorney's fee and costs Incurred, said fees and costs to be charged and anened e. court costs in favor of the prevailing party. All parlles agree that the
escrow agenl shall not be liable to any party or person whomsoever for misdelivery to Buyer or Seller' of monies subject to this escrow, unless such misdelivery shall
be due to willful breach of this Contract or gross negligence on the pert of the escrow agent.
T. ATTORNEY FEES AND COSTS: In connection with any litigation Including appellate proceedings arising out of this Contract, the prevailing party shall be
entitled to recover reasonable attorney'. fees and costs. '... .
U. DEFAULT: If 8uyer falls to perform this Contract within the time Ipeclfled, the deposlt(s) paid by the Buyer aforesaid may be retained by or for the account'
of Seller as IIquideted damages, conside~atlon for the eKecutlon of thl. Contract end In full settlement of any claims; whereupon all parties shall be relieved of
all obligations under the Contract; or Seller, at his option, may proceed at law or In equity to enforce hi. legal rights under this Contract. If. for any reason other
than failure of Seller to render his title marketable after diligent effort, Seller falls, neglects or refu.es to perform this Contq.ct, the Buyer may seek specific per.
formance or elect to receive the return of his deposlt(sl without thereby waiving any action for damages resulting from Seller's breach.
V, CONTRACT NOT RECORDABLE, PERSONS BOUND AND NOTICE: Neither this ContrAct nor any notice thereof shall be recorded in any public records.
This Contract shall bind and Inllre to the benefit of the parties hereto and their succenors In Interest. Whenever the conteKt permits, singular shall include plural and
one gender shall include all. Notice given by or to the attorney for either party shall be as effective es If given by or to said party.
W. PROHATIONS AND INSURANCE: TaKes, assessments, rent, Interest, Insllrance and oiher eKpenses and revenue of the Property shell be prorated as of date
of closing. Buyer shall have the opti6n of taking over any existing policies of Insurance on the PropertY, if assumable, In which event premiums shall be prDraled,
The cash at closing shall be Increased or decreasad as may be required by said prorations. All references In Contract to prorations as of dale of closing will be
deemed "date of occupancy" If occupancy occurs prior to closing, unless otherwise provldeq for herein. .
X. CONV E Y ANCE: Seller shall convey title to the Property by statutory warranty deed .ubject only to .matters contained in Paragraph V II hereof and those other,
wise accepted by Buyer, Personal property shall, et the reque.t of Buyer, be conveyed by an absolute bill of .ale with warranty of title, subject to such liens as may
be otherwise provided for herein.
y, OTHER AGREEMENTS: No prior or present agreements or representation. shall be binding upon any of the perties hereto unles. Incorporated in this Contract.
No modification or change in this Contract shall be valid or binding upon the parties unless In writing. eKecuted by the parties to be bound thereby.
I
-
I
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
THIS ADDENDUM TO CONTRACT FOR SALE AND PURCHASE, is attached
to that certain Contract for Sale and Purchase of even date ("Contract")
between STEVENS DESIGNER HOMES, a Florida general partnership ("Seller")
and THE CITY OF CLEARWATER, FLORIDA, a municipality in the Sate of
Florida ("Buyer").
1. Seller's obligation to convey the Property described herein to
Buyer shall be expressly contingent upon Seller's successful purchase
of the Property in accordance with the terms and conditions of Seller's
contract to purchase the Property from the Pinellas Area Council of
Boy Scouts of America, Inc.
2. The Closing Date for the transaction contemplated herein shall
be of even date or within 5 days of the Closing of the purchase and
sale of the Property between Seller and the Pinellas Area Council of
Boy Scouts of America, Inc. to be on or before June 30, 1987 with pro-
visions with extension of not more than 60 days from June 30, 1987.
3.. If so required by any governmental agency, the City of
Clearwater ("Buyer") shall grant Seller a drainage easement across
the property described herein to Lake Chautaugua for drainage out-
f811 from the detention area on the 16 Acre parcel being developed
to the South and adjacent to the Property described herein.
4. Seller and Buyer hereby warrant and represent to each other
that no brokerage commission is owed by either party in connection
with this transaction. Buyer and Seller further agree to indemnify
and hold harmless each other from and against any and all claims or
demands with respect to any brokerage fees or agents' commissions or
other compensation asserted by any perso " firm or corporation, and
arising in conjunction with this Contract or the transaction contem-
plated herein. This paragraph 3 shall survive the Closing of the
transaction contemplated herein.
5. In the event of a conflict between the terms of this Addendum
to Contract and the terms of the Contract, this Addendum shall control.
6. Covenants recited in the Contract as amended shall survive the
closing of the transaction contemplated herein.
IN WITNESS WHEREOF, the parties hereto have set their hands on
the day and date first above written.
SELLER:
~;:?~~
Witness
Date:
Approved as to
cor~
A torne
'l(ER:
THE CITY OF CLEARWATER, a municipality
in t~e S,tate of ~i.~~
tsWm1CitY M~Of
Attest:
G{ ~. L~.~
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,
I
LEGAL DESCRIPTION - STEVEN'S TRACT / CLEARWATER PARCEL
A parcel of land lying within the Southwest 1/4 of Section 32.
Township 28 South, Range 16 East, Pinellas County, Florida and being
Dore particularly described as follows:
Commence at the South 1/4 corner of said Section 32;" thence
NOO-00'15"E. along the East line of the Southwest 1/4 of said Section
32, being the basis of bearings of this description. for 1331.71 feet
to the POINT OF BEGINNING, said point also being the Northeast corner
of the Southeast 1/4 of the Southwest 1/4 of said Section 32; thence
N89-37'15"W. along the north line of the Southeast 1/4 of the
Southwest 1/4 of said Section 32, for 30.00 feet; thence SOO-00'15"W,
along a line 30.00 feet West of and parallel to the East line of said
Southwest 1/4, for 158.06 feet to a point on the North line of a 100
foot Florida Power Corporation EaseMent, as recorded in Instrument No.
178677A, Deed Book 1517, page 164 of the Public Records of Pinellas
County, Florida; thence N89-S6'08"W, along said North line, for 613.04
feet; thence NOO-02'32"E, along a line 30.00 feet East of and parallel
to the West line of the South 1/2 of the Southeast 1/4 of the
Northeast 1/4 of the Southwest 1/4 of said Section 32. for 161.42
feet; thence N89-37'lS"W, along the North line of the Southeast 1/4 of
the Southwest 1/4 of said Section 32, for 23.05 feet to a point on
the water's edge of Lake Chautauqua; thence meandering northeasterly
along said water's edge, the following seven (7) courses (for closure
purposes); (1) thence N74-22'12"E, for 62.36 feet; (2) thence
N86-12'3S"E, for 100.21 feet; (3) thence S89-53'55"E, for 100.00 feet;
(4) thence N8S-29'51"E, for 100.03 feet; (5) thence N67-23'2S"E. for
108.27 feet; (6) thence N56-30'17"E, for 119.82 feet; (7) thence
N4S-51'08"E, for 147.85 feet to the point of intersection with the
East line of the South 1/2 of the Southeast 1/4 of the Northeast 1/4
of the Southwest 1/4 of said Section 32; thence SOO-00'15"W. along
said East line, for 241.00 feet to the POINT OF BEGINNING, and
containing 3.24 acres. more or less.
LD4:0410480.1eg/1
Chelsea Woods - Phase III
041-04.80
KJB
12/15/86
v'~
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FOR:
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NAME:
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of 5E 1/4 of AlE 1/4 of
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Jcb No.
5TEVe)J/5 TRACT
CLC=A.E"WATe.e PAeCEL
.Jf SGG A rrACHGD Lc:GAL oesC/2/pr/DAI.
Calculated by I
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'uumber of Dttttd /f!3oo/e:
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I hereby certify that the above surv~~ end 18&&1
dllcription,werl prlparld undlr my dirlct
Iuplrvilion and arl truI anrl corrlct to the belt
of my know d&e and I If~
Profl"io a Land Surveyor # ~,,~C)
tate of Florida
Date
Drown by:
&/Z4/87
RMC
ShHt / of Z
Checked by :
:JL8
-4D APPENZELLER) BOYD & ZARRA, INC,
EDpn~g&DdS~~g
2165 Sunnyd.lJc 1liYd. Suite D. Clurw~ler. notkU 33575
(I III 446",16.00 . (I Il) 446.1514 . II Il) 446.170)
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.J,
I
LEGAL DESCRIPTION - STEVEN'S TRACT / CLEARWATER PARCEL
Being a portion of that certain property described in Deed Book 943 on
Page 593 in the official records of Pinellas County and being a parcel
of land lying within the Southwest 1/4 of Section 32, Township 28
South, Range 16 East, Pinellas County, Florida and being more
particularly described as follows:
Commence at the South 1/4 corner of said Section 32; thence
NOooOO'15"E, along the East line of the Southwest 1/4 of said Section
32, being the basis of bearings of this description, for 1331.71 feet
to the POINT OF BEGINNING, said point also being the Northeast corner
of the Southeast 1/4 of the Southwest 1/4 of said Section 32; thence
N89037'15"W, along the north line of the Southeast 1/4 of the
Southwest 1/4 of said Section 32, for 30.00 feet; thence SOooOO'15"W,
along a line 30.00 feet West of and parallel to the East line of said
Southwest 1/4, for 123.06 feet; thence N89056'08"W, for 435.00 feet;
thence SOooOO'15"W, for 35.00 feet to a point on the North line of a
100 foot Florida Power Corporation Easement, as recorded in Instrument
No. 178677A, Deed Book 1517, page 162 of the Public Records of
Pinellas County, Florida; thence N89056'08"W, along said North line,
for 178.04 feet; thence NOoo02'32"E, along a line 30.00 feet East of
and parallel to the West line of the Northeast 1/4 of the Southeast
1/4 of the Southwest 1/4 of said Section 32, for 168.02 feet to a
point on the water's edge of Lake Chautauqua; thence meandering
northeasterly along said water's edge, the following seven (7) courses
(for closure purposes); (1) thence N74022'12"E, for 38.42 feet; (2)
thence N86012'38"E, for 100.21 feet; (3) thence S89053'55"E, for
100.00 feet; (4) thence N88029'51"E, for 100.03 feet; (5) thence
N67023'28"E, for 108.27 feet; (6) thence N56030'17"E, for 119.82 feet;
(7) thence N45051'08"E, for 147.85 feet to the point of intersection
with the East line of the South 1/2 of the Southeast 1/4 of the
Northeast 1/4 of the Southwest 1/4 of said Section 32; thence
SOooOO'15"W, along said East line, for 241.00 feet to the POINT OF
BEGINNING, and containing 2.89 acres, more or less.
LD4:0410480.leg/1
Chelsea Woods - Phase III
041-04.80
KJB
12/15/86
Revised 06/05/87
Revised 07/02/87 J.:::rb
Jfc ~~ d
Revised 03/13/87
Revised 04/15/87