STEVENS DESIGNER HOMES (2)
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O.R.G31,s P~GE 917
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86213598
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This instrument was prepared by:
1 TO:
JOHN R. BONNER, SR., ESQ.
BONNER & HOGAN, P.A.
Post Office Box 1640
613 S. Myrtle Avenue
CLEARWATER, FLORIDA 33517
llt!IarranlySllttd;Tl~f~ F::-~E[~IO:68902 f.S.)
m~i!l lnbrnturr, Mode this
I I f"k day of September
1 s86 ,ill'tmrl'n
STEVENS DESIGNER HOMES, a Florida General Partnership
of the County of
Pinellas
, grantor-l<, and
, State of Florida
CIIT OF CLEARWATER, FLORIDA
whose post office address is P. O. Box 4748, Clearwater, Florida 33518
24 24696462 70
49
41
TOTAL
1. 12sE86
5.00
158.00
163.00 CHK
of the County of
Pinellas
. State of
Florida
, grantee-\<,
.itnrssrt~. That said grontor, for and in consideration of the sum of TEN AND NO/lOO ____________________
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars,
and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following
described land, situate, lying and being in Pinellas County, Florida, to-wit:
The West 345 feet of the following described parcel of land lying within the
Southeast 1/4 of Section 32, Township 28 South, Range 16 East, Pinellas County, (./)
Florida: ~
Commence at the South 1/4 corner of Section 32, Township 28 South, Range 16
East; thence N 00000'15" E, along the West line of the Southeast 1/4 of
said Section 32, for 1073.82 feet to the POINT OF BEGINNING; thence continue
N 00000'15" E, along said West line, for 100.00 feet to the North line of
the 100 foot Florida Power Corporation easement recorded in Deed Book 1517,
Page 164 of the Public Record of Pine 11 as County, Florida; thence along said
North line the following two (2) courses; (1) thence S 89056'08" E, for
551. 24 feet; (2) thence S 89055' 20" E, for 317.35 feet; thence leaving said
North line, S 00020'23" W, for 100.00 feet to the South line of said easement;
thence along said South line the following two (2) courses; (1) thence
N 89055'20" W, for 316.88 feet; (2) thence N 89056'08" W, for 551.13 feet
to the POINT OF BEGINNING.
Subject to restrictions and easements of record.
Subject to taxes for 1986 and subsequent years.
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and said grantor does hereby fully warrant the title to said land, and will defend the some against the lawful claims of 011
persons whomsoever.
* "Grantor" and "grantee" ore used for singular or plural, os
1Jn lIfitnl'ss BQrrl'of. Grantor has he
SiQn d, sealed and delivered in our presence:
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This instrument was prepared by:
I
RETURN TO:
"Jl ./:.. ~,,> . ~ ~:
JaiN R. BONNER, SR., ESQ.
BONNER & HOGAN, P.A.
Poet Office Box 1640
613 S. Myrtle Avenue
CLEARWATER, FLORIDA 33517
llilfarranly Jeed
(STATUTORY FORM-SECTION 689.02 F,S,)
m4iB lttbrnturr. Made this
, I ~ day of September
1 S'86 ,ilrtwrrn
STEVENS DESIGNER HOMES, a Florida General Partnership
of the County of
Pinellas
, grantor-lC, and
, State of Florida
CITY OF CLEARWATER, FLORIDA
whose post office address is P. O. Box 4748, Clearwater, Florida 33518
of the County of
Pinellas
Florida
, State of
, grantee"',
Blttnl'ssrt4. That said grantor, for and in consideration of the sum of TEN AND NO/lOO -___________________
- - - -- --- --- --- -------- ---- -------- - ---------- --- --- --- - ------- ---- -- ---- --- --- Dollars,
and other goad and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following
described land, situate, lying and being in Pine lIas County, Florida, to-wit:
The West 345 feet of the following described parcel of land lying wi thin the
Southeast 1/4 of Section 32, Township 28 South, Range 16 East, Pinellas County,
Florida:
Conunence at the South 1/4 corner of Section 32, Township 28 South, Range 16
East; thence N 00000'15" E, along the West line of the Southeast 1/4 of
said Section 32, for 1073.82 feet to the POINT OF BEGINNING; thence continue
N 00000'15" E, along said West line, for 100.00 feet to the North line of
the 100 foot Florida Power Corporation easement recorded in Deed Book 1517,
Page 164 of the Public Record of Pinellas County, Florida; thence along said
North line the following two (2) courses; (1) thence S 89056'08" E, for
551. 24 feet; (2) thence S 89055' 20" E, for 317.35 feet; thence leaving said
North line, S 00020'23" W, for 100.00 feet to the South line of said easement;
thence along said South line the following two (2) courses; (1) thence
N 89055'20" W, for 316.88 feet; (2) thence N 89056'08" W, for 551.13 feet
to the POINT OF BEGINNING.
Subj ect to restrictions and easements of record.
Subject to taxes for 1986 and subsequent years.
and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all
persons whomsoever.
.. "Grantor" and "grantee" are used for singular or plural, as
lIn IIlttnrss ElIl1rrrnf. Grantor has he
Si n d, sealed and delivered in our presence:
,
I
STATE OF FLORIDA
COUNTY OF PINELLAS
A F F I D A V I T
e undersigned, having been duly sworn and warned of our rights and obligations in this
tter, do hereby certify that they are the owners of the following described real estate
. g, being and situate in the County of Pinellas, State of Florida, to-wit:
The West~5 feet of the following described parcel of land lying within the
Southeast 1/4 of Section 32, Township 28 South, Range 16 East, Pinellas County,
Florida:
Commence at the South 1/4 corner of Section 32, Township 28 South, Range 16
East; thence N 00000'15" E, along the West line of the Southeast 1/4 of
said Section 32, for 1073.82 feet to the POINT OF BEGINNING; thence continue
N 00000'15" E, along said West line, for 100.00 feet to the North line of
the 100 foot Florida Power Corporation easement recorded in Deed Book 1517
Page 16~ of the Public Record of Pine 11 as County, Florida; thence along said
North hne the following two (2) courses; (1) thence S 89056'08" E, for
551. 24 ~eet; (2) thence S 89055' 20" E, for 317.35 feet. thence leaving said
North hne, S 00020'23" W, for 100.00 feet to the South line of said easement.
thence along said South line the following two (2) courses' (1) thence '
N 89055'20" W, for 316.88 feet; (2) thence N 89056'08" W for 551.13 feet
to the POINT OF BEGINNING. '
That all work, labor and materials furnished to such property have been paid for and that
they have taken no action which would subject such property to any mechanics or statutory
lein and such property has not been, and is not now, subject to any unpaid charge, lien
or assessment for public ll~rovements of any type whatsoever.
The undersigned further certify that the real estate above described is in the actual
possession of the undersigned, and is not in the possession, actual or constructive, of any
person or persons, or organizations holding or claiming same adversely to the undersigned
under contract, lease or any other color of title or'right of possession, and that there
are no matters pending against the affiants that could give rise to a lien that would attach
to the property between the disbursing of funds and the recording of the interest to be
insured, and that the affiants have not and will not execute any instrument that would
adversely affect the title or interest to be insured.
The undersigned further certify that the real estate above described is free and clear of
all mortgages of record or otherwise, except as follows:
NONE
This Affidavit is also furnished to comply with the requirements of the Mechanics Lien Law
713 Florida Statutes, and as an inducement to and as a substantial part of the considera-
tion for the (sale) ~ of the above stated real estate by Affiant(s) to
CITY OF CLEARWATER
and Affiant(s) fully understand the legal effect and obligations imposed upon thenl by the
execution of this instrument under oath.
FURTIIER, AFFIANf(S) SAITH NOT.
SWORN TO AND SUBSCRIBED BEFORE ME 11-IIS
~~ commission expires:
~ ~ - J~~. ' ~~ - ()
~otary Public ..
It... of "orlda
Notary Publlo. July 21. 1988
My comml~ _~'n.uf.nce. Inc.
Bonded ThfU f_,
I ENDORSEMENT I
Attomeys'litle Insurance Fund
ORLANDO, FLORIDA
Connni tmen t
Endorsement No. 1 to2&!UycNo. : C.,.879351
Name of Original Insured:
CITY OF CLEARWATER, FLORIDA
Original Effective Date: August 24, 1986
Original Amount of Insurance: $ 120,000.00
Member's File Reference: 217-244
The policy is hereby amended as follows:
SCHEDULE A 1 is amended to read:
Proposed amount of Insurance $ 260.,,0.(jo.,00'
(Continue text of endorsement on separate continuation sheet if necessary.)
but in all other respects remains unchanged.
BONNER, HOGAN & PEARSE, P .A.
Name of Fund Member
September 10, 1986
Date
217
Member No.
BYZ?~
Charles J. Kovaleski
President and Executive Secretary
N,Q 312322
FUNQ Form E (9,85 DSI 30M)
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COMMITMENT
Attorneys'TItle Insurance Fund
ORLANDO, FLORIDA
COMMITMENT TO INSURE OR GUARANTEE TITLE
ATIORNEYS' TITLE INSURANCE FUND, a business trust, herein called The Fund, for a valuable
consideration, hereby commits to issue its policy or policies of title insurance or guarantee of title, 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; subject to the
provisions of Schedules A and B and to the Conditions and Stipulations hereof.
TIlis Commitment shall be effective only when the identity of the proposed Insured and the amount of the
policy or policies or guarantee committed for have been inserted in Schedule A hereof by The Fund, either
at the time of the issuance of this Commitment or by subsequent endorsement.
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This Commitment is preliminary to the issuance of such policy or policies of title insurance or guarantee of
title and all liability and obligations hereunder shall cease and terminate six months after the effective date
hereof or when the policy or policies or guarantee committed for shall issue, whichever ftrst occurs, provided
that the failure to issue such policy or policies or guarantee is not the fault of The Fund.
In Witness Whereof, ATIORNEYS' TITLE INSURANCE FUND has caused this Commitment to be signed and
sealed in its name by its President and Executive Secretary, by direction of its Board of Trustees, to become
binding when countersigned by a member of The Fund.
Attorneys' Tide Insurance Fund
~~
Charles J. Kovaleski
Pruident and &ecuti1le Secretary
SERIAL
ISSUED BY
c-
879351
BONNER, HOGAN,& PEARSE,P.A.
FUND FORM C ('JIM DSI 6OM)
I FUND COMiHITMENT FORM I
SCHEDULE A
Commitment No.: C-879351 Effective Date: 8/24/86
@ 8:00 A.M.
Member's File Reference: 217-793
I. Policy or Policies or Guarantee to be issued:
Proposed Amount of Insurance
OWNER'S:
$ 120,000.00
Proposed Insured:
CITI OF CLEARWATER, FLORIDA
MORTGAGEE:
$
Proposed Insured:
2. The estate or interest in the land described or referred to in this commitment is a fee simple (if other, specify same) and
title thereto is at the effective date hereof vested in:
AARON L. BILGORE, STEPHEN M. BRAG IN and MORRIS BILGORE, as Trustees
of the BILOORE LIQUIDATING TRUST.
3. The land referred to in this commitment is described as follows:
PARCEL 1
A parcel of land lying within the Southeast 1/4 of Section 32, Township 28
South, Range 16 East, Pine11as County, Florida and being more particularly
described as follows:
Commence at the South 1/4 corner of Section 32, Township 28 South, Range 16
East; thence N 00000' 15" E., along the West line of the Southeast 1/4 of
said Section 32, for 1173.82 feet to the POINT OF BEGINNING; thence continue
N 00000'15" E, along said West line, for 157.89 feet; thence S 89039'37" E,
along the North line of the Southwest 1/4 of the Southeast 1/4 of said
Section 32, for 869.51 feet; thence S 00020'23" W, for 153.79 feet to the
North line of the 100 foot Florida Power Corporation easement recorded in
Deed Book 1517, on page 164 of the Public Records of Pine11as County, Florida;
thence along said North line the following two courses: (1) thence N 890
55'20" W, for 317.55 feet; (2) thence N 89056'08" W, for 551. 24 feet to
the POINT OF BEGINNING.
(CONTINUED ON CONTINUATION SHEET)
ISSUED BY
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(-. ';~. '. 'ft/, (, ,-1~'
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MEMBER NO. ATTORNEY-MEMBER'~ SIG"!tTUjE
_/
Clearwater Floricia 33517
(City) (Zip)
BONNER, HOGAN,& PEARSE,P.A.
(Attorney or Firm of Attorneys)
Post Office Box 1640
(Mailing Address)
._.. -po"
IFu"N!) CO NT/A' VA nos SHEt] I
(SCHEDULE A-3 CONTINUED)
Commitment. Policy or Guarantee No.: C-87935l
PARCEL 2
A parcel of land lying wi thin the Southeast 1/4 of Section 32, Township 28
South, Range 16 East, Pinellas C01.U1ty, Florida and being more particularly
described as follows:
Commence at the South 1/4 corner of Section 32, Township 28 South, Range 16
East; thence N 00000' 15" E, along the West line of the Southeast 1/4 of
said Section 32, for 1073.82 feet to the POINT OF BEGINNING; thence continue
N 00000'15" E, along said West line, for 100.00 feet to the North line of
the 100 foot Florida Power Corporation easement recorded in Deed Book 1517,
Page 164 of the Public Record of Pine lIas County, Florida; thence along said
North line the following two (2) courses; (1) thence S 89056' 08" E, for
551.24 feet; (2) thence S 89055'20" E, for 317.35 feet; thence leaving said
North line, S 00020' 23" W, for 100.00 feet to the South line of said easement;
thence along said South line the following two (2) courses; (1) thence
N 89055' 20" W, for 316.88 feet; (2) thence N 89056' 08" W, for 551.13 feet
to the POINT OF BEGINNING.
I FUND COMMITMENT FORM I
SCHEDULE B
Commitment No.: C-879351
I. The following are the requirements to be complied with:
I. Payment of the full consideration to, or for the account of, the grantors or mortgagors.
Inst~ume ts crea . R the estate or interest 0 be insured which must be executed, delivered and ftled ,r record:
Trus es' ed from AaronL i1gore, s~ePh M. Bragin an~Mo is Bi1~e,
as t s of the Bi1gore iquidating T t to Stevens Desi er Homes, a
F10 ida neral Partners .. ~ ~
Stev~ ~igner Homes, orida Genera1~rshiP t~ of
ter, F1~J
II. Schedule B of the policy or policies or guarantee to be issued will contain exceptions to the following malters Wlless the
same are disposed of to the satisfaction of The Fund:
1.
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.
,
Any owner policy or owner guarantee issued pursuant hereto will contain under Schedule B the standard except ions
set forth at the inside cover hereof. Any mortgagee policy will contain under Schedule B the standard exceptions
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 mechanics' liens which could take priority over the mortgage (where the
liens would otherwise take priority, submission of waivers is necessary).
3.
Charges or assessments owing to any municipal authority.
Florida Power Corporation easement recorded in Deed Book 1517, Page 164, Pine11as
Comty records.
4.
I
Sf ANDARD EXCEPTIO NS
I
The owner policy or owner guarantee will be subject to tl:1e mortgage, if any, noted under item two of
Section I of Schedule B hereof. All policies and guarantees will be subject to the following exceptions: (1)
taxes for the year of the effective date of this Commitment 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.
CONDITIONS AND STIPULATIONS
I. 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 Fund in writing,
The Fund shall be relieved from liability for any loss or damage resulting from any act of reliance hereon
to the extent The Food is prejudiced by failure to so disclose such knowledge. If the proposed Insured
shall disclose such knowledge to The FWld, or if The Fund otherwise acquires actual knowledge of any
such defect, lien, encumbrance, adverse claim or other matter, The Fund at its option may amend
Schedule B of this Conunitment accordingly, but such amendment shall not relieve The Fund from
liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of The Food 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 or guarantee 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 or guarantee committed for and such
liability is subject to the insuring provisions, the Exclusions from Coverage and the Conditions and
Stipulations of the form of policy or policies or guarantee 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
FWld arising out of the status of the title to the estate or interest or the status of the mortgage thereon
covered by this Conunitment must be based on and are subject to the provisions of this Commitment.
COMMITMENT
to
INSURE or GUARANTEE
TITLE
Attorneys'
TItle Insumnce Fund
ORLANDO, FLORIDA
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OFFICES AT 32 W. GORE STREET
ORLANDO, FLORIDA
(Same coverage as
;nerican Land Title A~sociation,~wner's Policy - Form 11970 - Amended 10-17-70)
GUARANTEE OF TITLE (OWNER)
Attorneys/TItle Insurance Fund
ORLANDO, FLORIDA
OPINION ON TITLE
The Attorney, who signed Schedule A and who is a member of ATTORNEYS' TITLE INSURANCE FUND,
hereby renders to the insured named in Schedule A this opinion and advises that the estate or interest of the
insured in the real estate described in Schedule A is the estate or interest specified therein and is free of all
encumbrances, liens and other objections, except those shown in Schedule B, and those stated in the
Exclusions from Coverage.
GUARANTEE OF TITLE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B
AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, ATTORNEYS' TITLE
INSURANCE FUND, a business trust, herein called The Fund, insures, as of Effective Date of guarantee
shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A,
and costs, attorneys' fees and expenses which The Fund 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; or
3. Lack of a right of access to and from the land.
In Witness Whereof, ATTORNEYS' TITLE INSURANCE FUND has caused this guarantee to be signed and
sealed in its name by its President and Executive Secretary, by direction of its Board of Trustees, to become
binding when countersigned by a member of The Fund.
Attorneys' Tide Insurance Fund
~~
Cbarles J. Kovaleski
President and Executive Secretary
SERIAL
OG-
1063829
FUND FORM 00 (11/84 DS! 25M)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this guarantee:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning
ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or
regulating the character, dimensions or location of any improvement now or hereafter erected on the land,
or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the
effect of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such
rights appears in the public records at Effective Date of guarantee.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to
by the insured claimant; (b) not known to The Fund and not shown by the public records but known to
the insured claimant either at Effective Date of guarantee or at the date such claimant acquired an estate
or interest insured by this guarantee and not disclosed in writing by the insured claimant to The Fund
prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage
to the insured claimant ; (d) attaching or created subsequent to Effective Date of guarantee;
or ( e) resulting in loss or damage which would not have been sustained if the insured claimant had paid
value for the estate or interest insured by this guarantee.
4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in
the land described in Schedule A.
J
J
I
FUND OWNER'S FORM
I
SCHEDULE A
Policy or
Guarantee No. : OG-l063829
Effective Date: September 12, 1986 Mt:mber's File Reference:
@ 5:41 P.M.
217-359
Amount of Insurance: $ 200,000.00
I. Name of Insured:
CI1Y OF CLEARWA1ER, FLORIDA
2. The estate or interest in the land described herein and which is covered by this policy or guarantee is a fee simple (if
other, specify same) and is at the effective date hereof vested in the named insured as shown by instrumenS recorded in
Official Records Book 6315 . Page s 916 Ii 917 . of the Public Records
of Pine11as County, Florida.
3. The land referred to in this policy or guarantee is described as follows:
PARCEL 1
A parcel of land lying within the Southeast 1/4 of Section 32, Township 28 South,
Range 16 East, Pine11as Cotmty, Florida and being more particularly described as
follows:
Connnence at the South 1/4 corner of Section 32, Township 28 South, Range 16 East; thence
N 00000'15" E., along the West line of the Southeast 1/4 of said Section 32, for 1173.82
feet to the POINT OF BEGINNING; thence continue N 00000'15" E, along said West line,
for 157.89 feet; thence S 89039'37" E, along the North line of the Southwest 1/4 of
the Southeast 1/4 of said Section 32, for 869.51 feet; thence S 00020'23" W, for
153.79 feet to the North line of the 100 foot Florida Power Corporation easement
recorded in Deed Book 1517, on page 164 of the Public Records of Pinellas County,
Florida; thence along said North line the following two courses: (1) thence
N 890 55' 20" W, for 317.55 feet; (2) thence N 89056' 08" W, for 551. 24 feet to
the POINT OF BEGINNING.
(CONTINUED ON CONTINUATION SHEET)
217
MEMBER'S SIGNATURE
ISSUED BY
BONNER, HOGAN & PEARSE, P.A.
(Attorney or Firm of Attorneys)
MEMBER NO.
Post Office Box 1640
(Mailing Address)
Clearwater
(City)
, Florida,
33517
(lip)
FUND Form OG/OP/OPM-SCH, A (Rev, 1/77) (8/15/84 60M)
1 FUND CONTINUA TION SHEET I
(SCHEDULE "A-3''CONTINUEDI
Commitment, Policy or Guarantee No.: OG-l063829
PARCEL 2
The West 345 feet of the following described parcel of land lying within the South-
east 1/4 of Section 32, Township 28 South, Range 16 East, Pinellas County, Florida:
Commence at the South 1/4 corner of Section 32, Township 28 South, Range 16 East;
thence N 00000'15" E, along the West line of the Southeast 1/4 of said Section 32,
for 1073.82 feet to the POINT OF BEGINNING; thence continue N 00000'15" E, along
said West line, for 100.00 feet to the North line of the 100 foot Florida Power
Corporation easement recorded in Deed Book 1517, Page 164 of the Public Record of
Pinellas COtUlty, Florida; thence along said North line the following two (2) courses;
(1) thence S 89056'08" E, for 551.24 feet; (2) thence S 89055'20" E, for 317.35 feet;
thence leaving said North line, S 00020'23" W, for 100.00 feet to the South line of
said easement; thence along said South line the following two (2) courses; (1) thence
N 89055'20" W, for 316.88 feet; (2) thence N 89056'08" W, for 551.13 feet to the
POINT OF BEGINNING.
FUND Form CS (5.84 DSI 40M)
1
FUND' OWNER 'S FORM
I
SCHEDULE B
Policy or Guarantee No.: OG-1063829
This policy or guarantee 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 or guarantee and taxes or special assessments which are not shown as
existing liens by the public records.
2. ~mtxZKzmro~il>>zj>>JG2mmm~:FJk!~*%~~~J(~ge!~
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. liJ>>ziigK.ZJQexi::&tEXgxrlixAoj)(~ZmmxmQrlJGZ~IZ~Zz!.n9t~~ZXz~~:i:!1:mim~~~mz)JQzmmZ~
stlnJ(iwZ~2IX0XgX
6. Charges or assessments owing to any nnmicipa1 authority.
7. Florida Power Corporation easement recorded in Deed Book 1517, Page 164, Pinellas
COlmty records.
FUND Form OG/OP/OPM-SCH. B (Rev, 1177) (5/85 DSI SOM)
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CONVERSION TO MARKETABILITY ENDORSEMENT
Attorneys' Title Insurance Fund, Inc.
ORLANDO, FLORIDA
Endorsement No, ~.~_______,____
Agent's File No,:
2l7- 359
Attached to and forming a part of Policy No.: OG~ 1 On7iR7.9
The following is added to the list of policy coverages contained on the first page of the above-numbered policy:
4. Unmarketability of such title,
Item No.4 of the Exclusions From Coverage is deleted,
The purpose of this endorsement is to expand the coverage given so that the policy will provide coverage identical
to that provided by the American Land Title Association Form 8-1970 (amended 10/17/70 and 10/17/84).
Nothing herein contained shall be construed as extending or changing the effective date of said policy, unless
otherwise expressly stated.
This Endorsement shall not be valid or binding unless countersigned by either a duly authorized agent or
representative of the Company, and when so countersigned it is made a part of said Policy, and is subject to the
schedules, conditions and stipulations therein, except as modified by the provisions hereof.
IN WITNESS WHEREOF Attorneys' Title Insurance Fund, Inc. has caused its corporate seal to be hereunto affixed
and these presents to be signed in facsimile under authority of its By-Laws.
B~R, HOGAN & PEARSE, P.ft.
Name of Fund Agent
9/12/86
Date
217
Agent No.
Attorneys' Title Insurance Fund, Inc.
By ~~~
Charles J. Kovaleski
President
FUND rmTl eMF (i,/i36j
.,.
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Attomeys'litle Insurance Fund
ENDORSEMENT
,
ORLANDO, FLORIDA
Endorsement No. 2 to Policy No. : OG-l063829
Name of Original Insured:
CIlY OF CLEARWATER, FLORIDA
Original Effective Date:
September 12, 1986 @ 5:41 P.M.
Original Amount of Insurance: $ 200,000.00
Member's File Reference: 217-257
The policy is hereby amended as follows:
The effective date is amended to read: September 12, 1986 @ 5:42 P.M.
Schedule A. 2. is amended to read:
The estate or interest in the land described herein and which 1S
covered by this policy or guarantee is a fee simple and is at the
effective date hereof vested in the named insured as shown by instru-
ments recorded in Official Records Book 6315, Pages 916, 917 and 918,
of the Public Records of Pinel1as County, Florida.
(Continue text of endorsement on separate continuation sheet if necessary.)
but in all other respects remains unchanged.
November 18, 1986
Date
217
Member No.
....~__ofO'__--~>...-.
~Z?~.
Charles J. Kovaleski
President and Executive Secretary
N,Q 312335
A
FUND Form E (9.85 DSI 30M)
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The following terms when used in this guarantee mean:
(a) "insured": the insured named in Schedule A, and,
subject to any rights or defenses The Fund may have had
against the named insured, those who succeed to the
interest of such insured by operation of law as distinguished
from purchase including, but not limited to, heirs,
distributees, devisees, survivors, personal representatives,
next of kin, or corporate or fiduciary successors.
(b) "insured claimant ": an insured claiming loss or
damage hereunder.
(c) "knowledge": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured
by reason of any public records.
(d) "land": the land described, specifically or by
reference in Schedule A, and improvements affixed
thereto which by law constitute real property; provided,
however, the term "land" does not include any property
beyond the lines of the area specifically described or
referred to in Schedule A, nor any right, title, interest,
estate or easement in abutting streets, roads, avenues,
alleys, lanes, ways or waterways, but nothing herein shall
modify or limit the extent to which a right of access to
and from the land is insured by this guarantee.
(e) "mortgage": mortgage, deed of trust, trust deed, or
other security instrument.
(f) "public records": those records which by law
impart constructive notice of matters relating to said land.
2. Continuation of Insurance after Conveyance of Title
The coverage of this guarantee shall continue in force
as of Effective Date of guarantee in favor of an insured so
long as such insured retains an estate or interest in the
land, or holds an indebtedness secured by a purchase
money mortgage given by a purchaser from such insured,
or so long as such insured shall have liability by reason of
convenants of warranty made by such insured in any
transfer or conveyance of such estate or interest;
provided, however, this guarantee shall not continue in
force in favor of any purchaser from such insured of
either said estate or interest or the indebtedness secured
by a purchase money mortgage given to such insured.
3. Defense and Prosecution of Actions - Notice of Claim
To Be Given by an Insured Claimant
(a) The Fund, at its own cost and without undue
delay, shall provide for the defense of an insured in all
litigation consisting of actions or proceedings commenced
against such insured to the extent that such litigation is
founded upon an alleged defect, lien, encumbrance, or
other matter insured against by this guarantee.
(b) The insured shall notify The Fund promptly in
writing (i) in case any action or proceeding is begun as
set forth in (a) above, (ii) in case knowledge shall come
to an insured hereunder of any claim of title or interest
which is adverse to the title to the estate or interest as
insured, and which might cause loss or damage for which
The Fund may be liable by virtue of this guarantee. If
such prompt notice shall not be given to The Fund, then
as to such insured all liability of The Fund shall cease and
terminate in regard to the matter or matters for which
such prompt notice is required; provided, however, that
failure to notify shall "in no case prejudice the rights of
any such insured under this guarantee unless The Fund
shall be prejudiced by such failure and then only to the
extent of such prejudice.
(c) The Fund shall have the right at its own cost to
institute and without undue delay prosecute any action or
proceeding or to do any other act which in its opinion
may be necessary or desirable to establish the title to the
estate or interest as insured, and The Fund may take any
appropriate action under the terms of this guarantee,
whether or not it shall be liable thereunder, and shall not
thereby concede liability or waive any provision of this
guarantee.
(d) Whenever The Fund shall have brought any action or
interposed a defense as required or permitted by the
provisions of this guarantee, The Fund may pursue any such
litigation to final determination by a court of competent
jurisdiction and expressly reserves the right in its sole
CONDITIONS AND STIPULATIONS
.r discretion, to appeJ from any adverse judgment or order.
(e) In all cases where this guarantee permits or requires
The Fund to prosecute or provide for the defense of any
action or proceeding, the insured hereunder shall secure to
The Fund the right to so prosecute or provide defense in
such action or proceeding, and all appeals therein, and
permit The Fund to use, at its option, the name of such
insured for such purpose. Whenever requested by The
Fund, such insured shall give The Fund all reasonable aid
in any such action or proceeding, in effecting settlement,
securing evidence, obtaining witnesses, or prosecuting or
defending such action or proceeding, and The Fund shall
reimburse such insured for any expense so incurred.
4. Notice of loss - Limitation of Action
In addition to the notices required under paragraph
3(b) of these Conditions and Stipulations, a statement in
writing of any loss or damage for which it is claimed The
Fund is liable under this guarantee shall be furnished to
The Fund within 90 days after such loss or damage shall
have been determined and no right of action shall accrue to
an insured claimant until 30 days after such statement shall
have been furnished. Failure to furnish such statement of
loss or damage shall terminate any liability of The Fund
under this guarantee as to such loss or damage.
5. Options To Payor Otherwise Settle Claims
The Fund shall have the option to payor otherwise
settle for or in the name of an insured claimant any claim
insured against or to terminate all liability and obligations
of The Fund hereunder by paying or tendering payment
of the amount of insurance under this guarantee together
with any costs, attorneys' fees and expenses incurred up
to the time of such payment or tender of payment, by the
insured claimant and authorized by The Fund.
6. Determination and Payment of loss
(a) The liability of The Fund under this guarantee
shall in no case exceed the least of:
(i) the actual loss of the insured claimant; or
(ii) the amount of .insurance stated in Schedule A.
(b) The Fund will pay, in addition to any loss insured
against by this guarantee, all costs imposed upon an
insured in litigation carried on by The Fund for such
insured, and all costs, attorneys' fees and expenses in
litigation carried on by such insured with the written
authorization of The Fund.
(c) When liability has been definitely fixed in
accordance with the conditions of this guarantee, the loss
or damage shall be payable within 30 days thereafter.
7. limitation of Liability
No claim shall arise or be maintainable under this
guarantee (a) if The Fund, after having received notice of
an alleged defect, lien or encumbrance insured against
hereunder, by litigation or otherwise, removes such
defect, lien or encumbrance or establishes the title, as
insured, within a reasonable time after receipt of such
notice; (b) in the event of litigation until there has been
a final determination by a court of competent jurisdiction,
and disposition of all appeals therefrom, adverse to the
title, as insured, as provided in paragraph 3 hereof;
or (c) for liability voluntarily assumed by an insured in
settling any claim or suit without prior written consent of
The Fund.
8. Reduction of Liability
All payments under this guarantee, except payments
made for costs, attorneys' fees and expenses, shall reduce
the amount of the insurance pro tanto. No payment shall
be made without producing this guarantee for endorsement
of such payment unless the guarantee be lost or destroyed,
in which case proof of such loss or destruction shall be
furnished to the satisfaction of The Fund.
9. Liability Noncumulative
It is expressly understood that the amount of insurance
under this guarantee shall be reduced by any amount The
Fund may pay under any guarantee insuring either (a) a
mortgage shown or referred to in Schedule B herf'of which
is a lien on the estate or interest covered by this
1. Definition of Terms
CONDITIONS AND STIPULATIONS (continued on reverse side)
CONDITIONS AND STIPULATIONS (continued)
guarantee, or (b) a mortgage hereafter executed by an
insured which is a charge or lien on the estate or interest
described or referred to in Schedule A, and the amount so
paid shall be deemed a payment under this guarantee. The
Fund shall have the option to apply to the payment of
any such mortgages any amount that otherwise would be
payable hereunder to the insured owner of the estate or
interest covered by this guarantee and the amount so paid
shall be deemed a payment under this guarantee to said
insured owner.
10. Apportionment
If the land described in Schedule A consists of two or
more parcels which are not used as a single site, and a loss
is established affecting one or more of said parcels but not
all, the loss shall be computed and settled on a pro rata
basis as if the amount of insurance under this guarantee
was divided pro rata as to the value on Effective Date of
guarantee of each separate parcel to the whole, exclusive
of any improvements made subsequent to Effective Date
of guarantee, unless a liability or value has otherwise been
agreed upon as to each such parcel by The Fund and the
insured at the time of the issuance of this guarantee and
shown by an express statement herein' or by an
endorsement attached hereto.
11. Subrogation Upon Payment or Settlement
Whenever -The Fund shall have, settled a claim under
this guarantee, all right of subrogation shall vest in The
Fund unaffected by any act of the insured claimant. The
Fund shall be subrogated to and be entitled to all rights
and remedies which such insured claimant would have had
against any person or property in respect to such claim
had this guarantee not been issued, and if requested by
The Fund, such insured claimant shall transfer to The
Fund all rights and remedies against any person or
property necessary in order to perfect such right of
subrogation and shall permit The Fund to use the name of
such insured claimant in any transaction or litigation
involving such rights or remedies. If the payment does not
cover the loss of such insured claimant, The Fund shall be
subrogated to such rights and remedies in the proportion
which said payment bears to the amount of said loss. If
loss should result from any act of such insured claimant,
such act shall not void this guarantee, but The Fund, in
that event, shall be required to pay only that part of any
losses insured against hereunder which shall exceed the
amount, if any, lost to The Fund by reason of the
impairment of the right of subrogation.
12. liability Limited to This Guarantee
This instrument together with all endorsements and
other instruments, if any, attached hereto by The Fund is
the entire guarantee and contract between the insured and
The Fund.
Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title
to the estate or interest covered hereby or any action
asserting such claim, shall be restricted to the provisions
and conditions and stipulations of this guarantee,
No amendment of or endorsement to this guarantee
can be made except by writing endorsed hereon or
attached hereto signed by either the President, a Vice
Pre!ll.dent, or member of The Fund.
13. Notices, Where Sent
All notices required to be given The Fund and any
statement in writing required to be furnished The Fund
shall be addressed to its principal office at 32 West Gore
Street, Post Office Box 2671, Orlando, Florida 32802.
About your policy. . .
This policy proVides valuable title protection, You should keep it in a safe place where it will be readily available for future reference.
There is no recurring premium.
Your policy is underwritten by Attorneys' Title Insurance Fund, the nation's first bar-related™ title insurer. Founded in 1947 as a
h"lsiness trust under the insurance laws of the State of Florida, The Fund exists so that member attorneys can provide real estate
consumers with the extended protectio'n of title insurance in addition to their other legal services.
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DESIGNER HOMES
107 Marshall SI.
P.O. Box 911
Safety Harbor, FL 33572
Ph. (813) 725,4610,725,5129
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