ALMA AND WILLIAM SCARBROUGH
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REAL ESTATE CONTRACT
THIS AGREEMENT, made and entered into this ID-Gv day of
October, A. D. 1972, by and between ALMA M. SCARBROUGH, joined by
her husband, WILLIAM JOE SCARBROUGH, of 1264 St. Andrews Drive,
Dunedin, Florida, hereinafter referred to as "Seller," and the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to
as "Purchaser";
WITNESSETH: That in consideration of the mutual promises and
covenants herein contained, and other valuable considerations passing be-
tween the parties hereto, the Seller agrees to sell and the Purchaser agrees
to buy the following described property situate, lying and being in Pinellas
County, Florida, to wit:
Lot Ten (10) of Clearwater Industrial Park, according to
the map or plat thereof as recorded in Plat Book 44, page
46, of the Public Records of Pinellas County, Florida.
The total purchase price of said property shall be the sum of Ninety
Thousand Dollars ($90,000. OO), payable at the times and in the manner follCl.-wing:
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$2,000.00 to be paid on the signing of this contract as earnest
money deposit, receipt of which is hereby acknowledged by the
Seller; $2 4,:D0. 00 to be paid at time of dos ing which shall be
on or before December 15, 1972 at the office of the City Attorney,
City Hall, 112 South Osceola Avenue, Clearwater, Florida, and the
balance of $63, :DO. 00 payable six (6) months from date of closing
with interest at six percent (6%) per annum on the unpaid balance.
IN CONSIDERA TION WHEREOF, the Seller agrees and promises to
convey to the Purchaser by good and sufficient warranty deed containing full
covenants of warranty, a fee simple, marketable title to the real estate above
described, free and clear of all encumbrances, except as herein otherwise
provided.
The Seller agrees to deliver to the Purchaser, or Purchaser IS attorney,
as soon as the same can be obtained with reasonable diligence, a commitment
for title insurance in the amount of the purchase price, which commitment shall
show a marketable, - unencumbered, fee simple title to said property in the
Seller except as herein otherwise provided. The Purchaser shall have a
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reas onable time after the delivery of said commitment for the examination
thereof, and within said period shall notify the Seller in writing of any objec-
tions to said title. If this notification is not given within a reasonable time,
then said title shall be conclusively deemed to be acceptable to the Purchaser.
In the event that the title of the Seller is not good and marketable, the Seller
shall have a reasonable time thereafter to perfect the title; and if the defects
are not cured within such time, the Purchaser may demand a return of all
earnest moneys paid by it and cancel this contract, or waive the defects and
accept the property without deduction on account of said defects.
The Seller shall pay for the documentary stamps required to be affixed
to the Deed and the intangible tax on the mortgage. The Purchaser shall pay
the cost of recording the Deed and for the documentary stamps required to be
affixed on the mortgage note. Taxes for 1972 shall be prorated as of date of
clos ing.
The obligations and benefits under this contract shall extend to the
personal representatives, heirs, successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written.
Signed, sealed and delivered
in the presence of:
aQYv~ m. 5c
Alma M.
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s to Seller
/~-?~O~~~~(SEAL}
William/Joe Scarbrough
CITY OF CLEARWATER, FLORIDA
By /JM/I.1
City Manager
.
Attest:
Approved as to form a correctness:
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AMERICAN LAND TITLE ASSOCIATION COMMITMENT - 1966
1 00 4 2 1 0 0 1 4 '7 9
CHICAGO
TI T L E
INSURANCE
COMPANY
COMMITMENT FOR TITLE INSURANCE
CHICAGO TITLE INSURANCE COMPANY, a corporation of Missouri, 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 six months after the effective date hereof or when the
policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy
or policies is not the fault of the Company.
IN WITNESS WHEREOF, Chicago Title Insurance Company has caused this Commitment to be signed
and sealed as of the effective date of Commitment shown in Schedule A, the Commitment to become valid
when countersigned by an authorized signatory.
CHICAGO TITLE INSURANCE COMPANY
By:
Issued by:
SUNCOAST HOME TITLE, INC.
P. O. Box 161
Dunedin, Florida 33528
(813) 733-2908
ATTEST:
~ -e9?tr-~~
Secretary.
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Copyright 1966 American Land Title Association
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3.
4.
SCHEDULE A
Number 10 042 10 01479
Effective Date
October 13, 1972
1. Policy or Policies to be issued:
OWNER'S:
$
90,000.00
Proposed Insured:
CITY OF CLEARWATER, FLORIDA
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:
Alma Mary Gordon
3. The land referred to in the Commitment is described in Schedule C.
SCHEDULE B - Section 1
The following are the requirements to be complied with:
1. Instrument(s) creating the estate or interest to be insured must be approved, executed and filed for record,
to wit:
a. Proper1y executed warranty deed from Alma Mary Scarbrough,
formerly Alma Mary Gordon, joined by her husband, WILLIAM JOE
SCARBROUGH, conveying captioned property to City of Clearwater,
Florida.
Payment of the full consideration to, or for the account of, the grantors or mortgagors.
Payment 8f dl [U^"'" 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.
SCHEDULE B - continued
,..
Number 10 042 10 01479
SCHEDULE B - Section 2
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.
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.
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 standard Exceptions 1, 2 and 3 unless a
satisfactory survey and inspection of the premises is made.
3. State, County and Municipal taxes for 1972 which are now due
and payable.
4. Zoning and/or other restrictions imposed by governmental authority.
5. Conditions, restrictions and limitations together with easements
reserved for public utilities purposes, as per plat. Easement
over the West 33 ft. for road purposes. Railroad easement over
the Northerly and Northeasterly 21 feet. Utility easement over
the Southerly 5 ft. of the Northerly and Northeasterly 26 ft.
6. Conditions, restrictions, reservations and limitations as shown
in instrument recorded in o. R. Book 115, Page 347, Public Records
of Pinellas County, Florida, which were amended by instrument
recorded in o. R. Book 169, Page 542, and further amended by
instrument recorded in o. R. Book 680, Page 63, Public Records
of Pinellas County, Florida.
Number 10 042 10 01479
SCHEDULE C
The land referred to in this Commitment is described as follows:
Lot Ten (10), CLEARWATER INDUSTRIAL PARK, according to
map or plat thereof, as recorded in Plat Book 44, Page
46, of the Public Records of Pinellas County, Florida.
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STANDARD EXCEPTIONS FOR OWNER'S POLICY
The owner's policy will be subject to the mortgage, if any, noted under item one of Section 1 of Schedule B hereof
and to the following exceptions: (1) rights or claims of parties in possession not shown by the public records; (2)
encroachments, overlaps, boundary line disputes, and any Inatters which would be disclosed by an accurate survey
and inspection of the premises; (3) easements, or claims of easements, not shown by the public records; (4) any
lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not
shown by the public records; (5) taxes or special assessments which are not shown as existing liens by the public
records.
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 Commit-
ment 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 Exclusions from
Coverage and the Conditions and Stipulations 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.
Subject to Restrictions imposed on CLEARlIvATER INDUSTRIAL PARK by
instrument recorded June 18, 1957, at 9~34 A.M., as Clerk's Instr-
ument number 374201A and recorded inO.R. Book 115, Page 347 of thG
Public Records of Pinellas County, Florida.
PROT~CTIVE COVENANTS OF THE CLf,ARWATER INDUSTRIAL PARK
THIS DECLARATION, made this 10th day of June 1957, by the City of
Clearwater, Florida, a municipality organized and existing by vir-
tue of the laws of the State of Florida, hereinafter called the
Grantor.
WITNESSETH, THAT:
WHEREAS, Grantor is the owner of the real estate described in
Clause I of this Declaration, and is desirous. of subjecting the
real property described in Clause 1 to the conditions, restrictions
reservations and covenants hereinafter set forth, each and all of
which is and are for the benefit of. said property and for each
owner thereof, and Shall inure to the benefit of and pass with said
property, and each and every parcel thereof, and shall apply to
and bind. the successorS in interest . and any owner thereof:
NOW THEREFORE, TliE CITY OF. CLEARWATER ,FLORIDA, hereby declares
that the real property deScribed in and referred to in Clause I
hereof, is and shall bE! held, transferred.. solid, conveyed, and
occupied subjecttothfic'o,nditions, covenants, restrictions, reser-
vations and easementshere:tnaf'terset forth.
CLAUSE 1.-- DEFINI~ON FO~ERMS
"Building Site" shall mean any lot , or portion thereof, or two or
more contiguous lots or portions thereof, or any parcel of land
upon which a commercial drlightindustrial building or buildings
and appurtenant structut'es may be erected in conformance with the
requirements of these, covenants.
"Grantor"shBillmeaantbae CITYQFCLEARWATER, FLORIDA, amuncipal-
ityorganized and existing by virtue of the laws of the State of
Florida. '.'
"I~provementsnsha.ll mean andip,c).\J.de a commercial or lig~t indus-
tr:talbuildingor Qu:ildings,out buildi ng s appurt enanttber~tp ,
parking areas, loadingareaa, fences, masonry walls, he<ige.s,lawns,
mass plantings, and any str'-\ctUf~s of any type or kind located
above. ground. '.. . '
"Building line or lines" shall mean the minimum distance which
structures of any type .or kind shall be set back from the property
or street lines, and. reference is hereby made to the recorded plat
of the district in whichia located the real property hereby sub-
jected to these covenants for the location of such buildi. ng lines.
"Side building site line" shall mean the boundary or property line
dividing two adjoining building sitos.
.FB.OPERTY SUBJECT. TO THIS OEQLABAT.lQN The real property which is,
and shall be , conveyed, transferred, occupied and sold subject to
the conditions, qpvenants, restrictions, reservations, and easementfi
set forth, herein is located i~ the County of Pinellas, State of
Florida, and 1smoreparticularlydescribed as follows, ..to-wit :
The ,South ~ofthe NWtoftheSoutheast 1; of Sectionl",Township 29
Range 15, together-with the SWt; of the NEt; of the SEf; together with
the.W l of the S. Et of the NEt; o.f the SEt; together w. ith. the.. SEt; of
the SEf; togwtherwith the SEt of theSEf;lessthe South 495 feet
thereof, all lying. ...in Section..,. ,:Townshi{> 29 S, Ran~e 15 E; ..and to-
gether with all that portion of the NE1;: of the NElj. of Section 12,
Township 29 S,Ra.nge 15E lying North of the Seaboard. Airline Rail-
road. ..... .
AsshoWl1QnthePlatof .Record Titled "CLEARWATER INDUSTaIAL PARK1'
as filed in Pla.tDook 44, Page 46, Public Records of PinellasCo-
~!l~Y.:' Florida.
&,I..AUSE II GENERAL PURPOSE OF CONt)ITIONS - The real property descri-
bed in Cause I he:t.'eof is subjected to the conditions,covenants..
restrictions, reservations and easement s hereby declared to insure
proper use and appropriate development and improvement of each
b1.1ilcii:ngsitethef-eof, to protect the owners of buildingsi tea
agaim~t~uch .:tmprop~r use. . ofsu.rrou.pding building sitesa~w$l de-
precia.tethe va:J.'Ueof theirpr<?perty~toguard agai,nst tneerection
thereon of structures built of; improper or unsuitable materials
to insure adequate and reasonable development of said property; to
encourage the erection of attractive improvem.ents thereon, with
a.ppropriate locations thereof on building sites to prevent haphaz-
ard and inharmonious improvement of building sites~ to secure and
PAGE - CLEARWATER INDUSTRIAL PARK
maintain property setbacks"~t;rom street = and adequate free spaces
between structures; and in general to provide adequately for a
high type and quality of improvements in said property.
CLAUSE III GENERAL RESTRICTIONS - A. ..u..aES -
1. The premises shall not, at any time, during the period of 50
years from July 1, 1956, be used for any other than manufacturing,
industrial or storage purposes, nor shall premises or any part
thereof, at any time during said period, be us ed for the erection
or maintenance thereon of any dwelling, stores, hotela,saloons, or
boarding houses, and that there shall not be sold or disposed of
at retailupol1 said premises or any part thereof, at any time duri-
ngthe period aforesaid, any spirituous, malt or other intoxicating
liquor of any kind or description.
2. Any grantee must erect and complete a building or buildings on
said land in strict accordance with plans and specifications to be
approved by the Grantor, all of which must be done on or before
Two (2) years from the date the Grantee acquires the land. Other-
wise, each Grantee covenants and agrees that upon forfeiture to do
so the Grantor may repurchase the land for the exact price paid by
the Grantee without any interest or penalties.
3. All lands purchased must be occupied by buildings or other
structures so that not less than twenty per cent (20%) of the area
purchased and not more than sixty per cent (60%) thereof shall be
occupied by buildings or structures.
4. The Grantee shall; not cause or suffer to be erected, made
established or carried on in any manner, or any part of the herein-
above described premises any structure for the manufacture or sale
of gunpowder, vitriol, ink, turpentine, oil or napths, glass or
varnish or any other substa.nce of any inherently dangerous nature.
5. No lot or plot as shown on said plat shall be subdivided with-
out the written consent of Grantor.
B. FIJMES AND ODOijS
1. No noxious or offensive trade or activities shall be carried on
nor shall anything.bedone thereon which may be or become an
annoyance or nuisance to the said Industrial Park hereby restricted
by reason or unsightliness or the emission of odors,dust,fumes,
smoke or :rto"i$:e.
p. CONS~UCTIO~ AND PLA~T DESICtN
1. All buildings erected on the property shall conform to the con-
struction standa.rds specified in theCity of Clearwater and Southern
Building Code in effect at the time of.. such construction..
2. All buildings erected on the property shall be of masonry con-
struct.ion or its equivalent or petter, but no building thereon sha-
II be constructed ofsb-eet aluminum, sheet asbest.os, sheet iron or
sheet steel, or corrugated alurnin.1.1.m, asbestos or iron.
3. No buildir.gs shall be constructed with wooden frame.
4. Should any buildings be constructed of light-weight aggregate,
concrete blocks, tile blocks or tile brick, the front facing the
st eet of such buildings shall he finished with a minimum treatmEmt
two-thj.rds of the front. being s;tuccoed .and one-third covered with
face brick, common brick. natu~al stone, Terra Cotta or such other
materials of similar nature as approved by Grantor.
5. All entrances shall be protected with canopiE:s, marquees or
other suitable method approved by Grantor.
6. vllien the exterior walls (excepting the front wall) are constru-
cted of li!bt-weight aggregate or concrete blocks, unless such ex-
terior walls are finished in stucco,natural stone or their equal,
the joints shall be tooled or point ed and such exterior walls shall I
be rubbed down and covereg in an approved manner with waterproof
paint; '. or equal.
7. All designs, plans and specifications for all buildings and
structures must be submitted to and approved in writing by Grantor.
DaLA.ND~CA.PING
1. t'Jo building or structure shall extend beyond the building lines
and it is hereby declared that said area between the building lines
and the property lines is ,to be used either for open landscaped and
green areas or for off-street parking areas. If said area is to be
. landscaped, it shall be done attractively with lawn,trees,shrubs,
etc., acoording to plans first approved in writing by the Grantor.
Page 3- Clearwater Industrial Park
If said area is tobe us~d' rorof::t-street parking, the parking
arrangement and surface must likewise be approved in writing. by the
Grantor. Any landscaped areas shall be properly maintained there-
after in a sightly and well-kept condition.
2. Parking areas shall be likewise maintained in good condition.
E. BUILDING SETBACK~:
1. No buildings which shall be erected on the above described pro-
perty shall be nearer than fifty feet to the line of any existing
or proposed street, nor shall any such building be erected n.earer
than 25 feet to the side lines of said property, or nearer than
20feetto.the rear lot line, or nearer than 5 feet to any easement
line.
4. Grantor Shall have the right to waive enforcement of any set-
back line along the rearbt ... any of th e lots shown on said plat
where the same is requi:r;-ed in connection with the use contiguous
lots owned by the same grantee and where the same will not detrimen-
tally affect the adjoining lot ownc;r3.
F. LO~DING DOCKS:
1. No loading docks may be on any street frontage; Provision for
handling all freight shall be on those sides of any building which
do not face on any street or proposed street.
G.PAJUCING F ACILITIE~
1. For each manufacturing, warehousing or other uses permitted in
this area subject to these covenants, there shall be provided off-
st~eet automobile parking facilities, such facilities to be ap-
proved in writing by Grantor. but to be based generally, but not
specifically, at the rate of one parking space for each two em-
ployees to be employed on the premises by the original Grantee
thereof.
E. STORAQE FACILITIES:
1. No materials or supplies shall be stored or permitted to remain
on any part of the property outside the buildings constructed there-
on. .
2. Any finished products or semi-finished products stored on the
property out side of said buildings shall be confined to the rear
one-half of the property, but shall in no instance be placed on
that side ofa building parallelling an existing or proposed street.
I. WASTE DISPOSAL:
1. No waste material or refuse shall be dumped upon or permitted
to remain upon any part of said property outside of buildings con-
structed thereon, or shall be discharged into any open drainage
ditch, creek or brook on said property.
2. In addition to the <foregoing , the p.roperty shall not be used by
any industry whose primary bus;nness requires industrial sewerage
or waste unless the Grantor first approves in writing the plans for
the disposal of such sewerage or waste.
3. No septic tank shall be installed on said premises without M,~~~t.i
first obtaining the consent of Grantor as to its size and location
on said premises.
. ..J. IMfROV~T MADE OR EREQTED:
1. ImprovementBf;)rected on property s~bject to this declaration as
descri bed in CIs.use I hereof, shall not exceed 45 feet in height to
highest point of chimneys, maste,tanks or any other structure.
K. INDIUDUAL PO\VER ~LA~TS :;,
1. Power, steam, or heating plants of any establishment within the
confines of the area subjec':~ to these restricti\)ns shall be con-
fined to electrical or substantially equivalent type of power
using only oil, gasoline, gas or liquid petroleum products or
similar sombustible materials in its product~on, or other products
",hich do not produce exceSsive smoke, olli:or or fumes.
~. BILLBOARDSA~ID SIGNS:
1. No billboards or advertising signs other than tl:1ose identifying
the name, business and products of the person or firh. occupingthe,
premises shall be permitted, except that a temporary 5i.gn not to
exceed ten feet by twenty feet in size offering the prelP..ises for
. sale or lease ;may.be :pennltted.
M. FFlmES AN.D.,WA~p$ ',.... .
1. No :r$ll1ce~ >riiasonry 'wa.ll) hedge or mass .planting shall,l1e PQrmit-
ted toextfmd beyond the building lines established 'nereJ.n ~xcept
upon approval in writing by the Grantor.
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. 1"_ ,I
Page 4 CLEARWATER INDUSTRIAL PARK
N. Each of the covenants, conditions, restrictions and reservations
set forth above shall continue and be binding upon Grantor and
upon its successors and assigns and upon each of them and all
parties and all persons claiming under them for a period of fifty
years from the first day of July 1956, and automatically shall co-
ntinue thereafter for successive periods of twenty-five years each.
PROVIDED, HOvlliVER, That the owners of 75 % of the fee simple of the
property subject to these restrictj.ve covenants, based upon the
number of square feet owned as compared to the total area restric-
ted, may release all or any part .of the land so restricted from
anyone or more of said restrictions or may change or modify any
one or more of said restrictions at the end of this 50 year period
or any successive 25 year period thereafter, by executing and
acknowledging an apprdpri~te agreement or agreements in writing
for such purposes and filing the same for record with the Clerk of
the Circuit Court of Pinellas County, Florida, at least 5 years
prior to the expiration of this first 50 year period or of any
successive 25 year period thereafter.
O. The covenants herein set fort1Jhshall run with the land and
bind the present owner, its successors and assigns, and all parties
claiming by, through, or under it shall be taken to hold, agree and
covenant with the owner of said building sites, its successors and
assigns, and each of them to conform to and observe said restric-
tions as to the use of building sites and the construction of im-
provements thereon, but no restrictions herein set forth shall be
personally binding on any corporation, person or persons, except
in the case of breaches committed during its, his or their seisin
of, or title to said land, and Grantor or the owner or owners off
any of the ~bove lands shall have the right to sue for and obtain
an injunction prohibitive or mandatory, to prevent the breach of
or to enforce the observance of the restrictions set forth, in
addition to ordinary legal action for damages, and the failure.of
Grantor, and the owner of any other lot or lots or building sites
hereby restricted to enforce any of the restrictions herein set
forth at the time of its validation, shall in no event be deemed
a waiver of the right to do so as to any subsequent violation. The
violation of these restrictions shall no t defeat nor render in-
valid the lien or any mortgage made in good faith and for value.
p. Invalidation of anyone of these covenants or any part thereof
by judgments or court. order shall in no wise affect any of the other
provisions which shall remain in full force and effect.
Q. Where the written consent of the Grantor is required, the same
shall apply to written consent of its City Manager, or if none, to it
its Mayor after the same has been fuly authorized by the duly el-
ected governing body of Grantor.
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AMERICAN LAND TITLE ASSOCIATION
OWNER'S POLICY FORM A-1970
(Amended 10-17-70)
10 042 01 00671
CHICAGO TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN
SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF,
CHICAGO TITLE INSURANCE COMPANY, a Missouri 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 costs, 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; or
3. Lack of a right of access to and from the land.
In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed
and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned
by an authorized signatory.
CHICAGO TITLE INSURANCE COMPANY
Issued by:
SUNCOAST HOME TITLE, INC.
P. O. Box 161
Dunedin, Florida 33528
(813) 733-2908
ATTEST:
~ -e 9n.e.ee"e-~
Secretary.
IMPORT ANT
This policy necessarily relates solely to the title as of the date of the policy. In order that a purchaser
of the real estate described herein may be insured against defects, liens or encumbrances, this policy
should be reissued in the name of such purchaser.
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Copyright 1969 American Land Title Association
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SCHEDULE A
NumberlO 042 01 00671 Date of Policy November 3,1972 Amount of Insurance $ 9 0 , 000 .00
1. Name of Insured:
CITY OF CLEARWATER, FLORIDA
2. The estate or interest in the land described herein and which is covered by this policy is:
Fee simple
3. The estate or interest referred to herein is at Date of Policy vested in the insured.
4. The land herein described is encumbered by the following mortgage or trust deed, and assignments:
Mortgage dated November 15, 1972, recorded November 20, 1972, in O. R.
Book 3927, Page 212, Public Records of Pinellas County, Florida, given
by City of Clearwater, Florida to Alma M. Scarbrough and William Joe
Scarbrough, her husband, in the original principal sum of $63,500.00.
and the mortgages or trust deeds, if any, shown in Schedule B hereof.
5. The land referred to in this policy is described as follows:
Lot Ten (10), CLEARWATER INDUSTRIAL PARK, according to
map or plat thereof, as recorded in Plat Book 44, Page
46, of the Public Records of Pinellas County, Florida.
This policy valid only if Schedule B is attached.
./
SCHEDULE B
Policy Number 10 042 01 00671
Owners
This policy does not insure against loss or damage by reason of the following exceptions:
General Exceptions:
(1) Rights or claims of parties in possession not shown by the public records.
(2) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an
accurate survey and inspection of the premises.
(3) Easements or claims of easements not shown by the public records.
(4) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
(5) Taxes or special assessments which are not shown as existing liens by the public records.
Special Exceptions: The mortgage, if' any, referred to in Item 4 of' Schedule A.
(6) State, County and Municipal taxes for 1973 and subsequent years.
(7) Zoning and/or other restrictions imposed by governmental authority.
(8) Conditions, restrictions and limitations together with easements
reserved for public utilities purposes, as per plat. Easement
over the West 33 ft. for road purposes. Railroad easement over
the Northerly and Northeasterly 21 feet. Utility easement over
the Southerly 5 ft. of the Northerly and Northeasterly 26 ft.
(9) Conditions, restrictions, reservations and limitations as shown
in instrument recorded in O. R. Book 115, Page 347, Public Records
of Pinellas County, Florida, which were amended by instrument
recorded in O. R. Book 169, Page 542, and further amended by
instrument recorded in o. R. Book 680, Page 63, Public Records
of Pinellas County, Florida.
SUNCOAST HOME TITLE, INC.
count"'i~
Authorized SIgn ~
Schedule B of this Policy consists of 1 pages.
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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 representatives, next of
kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage here-
under.
(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 Sched-
ule 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 constructive
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 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 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 to the extent
that such litigation is founded upon an alleged defect, lien, encum-
brance, 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 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 Com-
pany may be liable by virtue of this policy, If such prompt notice
shall not be given to the Company, then as to such 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, how-
ever, 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 inter-
posed a defense as required or permitted by the provisions of this
policy, the Company may pursue any such litigation to final determi-
nation by a court of competent jurisdiction and expressly reserves
the right, in its sole discretion, to appeal from any adverse judgment
or order.
(e) In all cases where this policy permits or requires the Company
to prosecute or provide for the defense of any action or proceeding,
the insured hereunder shall secure to the Company the right to so
prosecute or provide defense in such 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 Com-
pany, 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 pro-
ceeding, 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.
S. Options to Payor 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-
curred up to 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.
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 there-
from, 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 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
CONDITIONS AND STIPULATIONS (Continued on Reverse Side)
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STATEMENT OF MORTGAGE PAYOFF
Clearwater, Florida
January 23, 1973
Mortgagee: Alma M. Scarbrough and William Joe Scarbrough, her husband
Mortgagor: City of Clearwater, Florida
Property Description: Lot 10, Clearwater Industrial Park
,
Credits to Mortgagee:
Principal Due on Mortgage
Interest from 11 /15/72 thru 1/23/73
Credits to Mortgagor:
Cash for payoff - Check
#8814, dated Jan. .23, 1973
$63,500.00
720.25
$64,220.25
$64,220.25
$64,220.25
$64,220.25
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