DR. IRWIN ENTEL, DR. DAVID WOLSTEIN AND DR. BARRY WEISS
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CORRECTIVE
DEED OF CONVEYANCE
STATE OF FLORIDA }
COu~~ OF p~ .
""" INDENTUllE, ",d, l!" _1~ ~_ d'1 ,f -~ _, A. D. 19K,s::: b,tw,.. th, CITY OF
CLEARWATER. FLORIDA, a~~cipal cOrp<)ratlon. PartY. o/~~ first (lart. and __12~. I~~l~_L.~l',j'l'EI':LJ2~:_.!2~'!!12_g_~_
WOLS'I'EIN and DR. ~YR. ~VEISS, not lndlvldually, as Trusti7; C ty f . Pinellas
UITderl=h.~ EJ::i;iIrQT~ -PYofi1:-'ShartIT~an i.illd-Trn~t(Tcrtecr--occ 01 , ~ 'j'1'!J, 0 ------_________~__
l".LOn_da . . les
and Sbteof .' . . . , part__ of the second part,
WITN.E'.S5ETH, That tb.~ party of the first part. for and in <;onsideradon of the sum of _ _ Ong____..:_Dollars and oL'1er
good and valuable consideration to it in lund ;>aid by sald ParL_~~-,_ of the second part, at or before the ensealingand delivery of
these presents, the receipt wcereof is berebyacknowledged. has granted, bargaiiled, sold. conveyed and confirmed untQ the sajd
p~ of the second part, and to - their -----be!z's and a.ssigns forever, all the following piece, ;>ar::e1, lot or tract of land,
situate, .lying and being in the County of Pinellas and State of Florida. and described as follows, to-wit:
The East 121.45 feet or the west 450.75 feet of
Lot. 2, CLEhRWATER INDUSTRIAL PARK REPLAT,
accordLD.g to the map or plat thereof as recorded in
Plat Book 71, page 91 of the Public R ecorO.s of
Pinellas County, Florida.
Subject to easement..s and restrictions of record,
a..l1d in particular that restriction granting to Grcilltor em option
to purchase whfWe construct-ion has not tc1.ken ril<:'1ce and an election
tD seJl has ~en made and a furthEr opion to repuccha:;e \.JJeE
constructinn:has toJ<en place anda.n election has been made to sen
any remaiJing unimproved portion ,of the tra.ct.
/
?-ad
70GE'tB,~'.:R WITH all and si.::.~~larthe tenements. bereditaments and appurtenances thereunto !JeJonging or
'"'''~7r::.~1:lt, title orinterert. !~al or e-quitable, of the said paIt7 of the IlI'St part of, in and to the same.
TOR..U"E A,:,;'1) TO EOLD the. s.;;me unto the said pa..r.~ks ___ ot the second part, _ theirbeL'"S and assigns, to
prnper use. cenent a1]db",.b.oof !ore,<er.
ap p~l"~.::.i1:.:.:l. g;
o~
their
Dr YVIT"~SW1i:2:REOF,~!:le said party of the fi.--st part has caused these presents to beexecured in its naule by its Chy
:'.:lanager. City C:erk, co.unt~""'sig:ne<iby its ~Iayor"=ca:nn:lissicner, and approve:d as to :or:n .,:ad ~or:e.:tnes~. by its City A ttorney, and
itsco.-?6rate se?J to be bereu;:to a;-=achM., the day and ~'-ear fLrst ~bove ..7itt.:n.
COM'.Ji~ :Iv;
.-_-~{itd!1~~~,.___.__:dx2___,,__~__,__~__~,.__
:'L;.ior-Cc=i.ssioner f /
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SiiPe:d. seale<i,?d dellvere:d III ;>l"esence of:
'.~~~-jfhc2~9tTi)~'ct--~J -____
-,idCZ(r--(j-,-__L~~~__,_______________
CiTYlJ?:'2.-\..;/~f; ~2, F!..)[f"~~~ ~~
e:.' l I ------, j I ^--_
,f - --'--""-J! --";'/' 1 // ~ r, --
By: 'i, / / :..."".... , ' /L./.....,_. ,V,-",....\' /
~{;-~r-(!;G--~~~g;;-'=--F--i_~------------
A :-:est: (l)~,.!-_i S':.-t-_:-_ l,~ ~~-_ ~ ~~;~_____________
Cty Cerie
Approved as to for~ a.cd. cOr7.ect:i::ess:
# /:;~ .-,/ ..,::" ~'"..
-~._-~~-~--------_:{/' ~-:- ----~;f.--_____h___________h__ "_ _'._
/
City At"!or=ey
s~t~\T!:: I)F FLCRu")A
}
co\.~y OF :!::-I2,:.....;,5
"',u,~ ".,K:;~;,)~,~'y.y;,~~,;,~:~;~{,;~S~}\:J:;,iJ;;;~~~;~Ur~~0i0,~:""'~;Ki~.~~f~~:.tf"~"l&;'.~"',":
;1:;";;",,;/ o;IBi:gi;tIA~~:~~Z;JJ' ~%)~~~~',;~~~;;,~~~ ~~:'i~!' :1~~9?;I~'\~i7~~j~~i:;;J:{~~1;;,j;3i;:~:
conveY:l!l2J; :~YiiSfees------ -- --------------7---~----~------- -------~---~----~--'--:-----,-------~-----------
-----~----~---~-~--.~~--:..-------:--~ and seve-r-211y ac:~cwled~ed !.be ~~eC'.1tJ.on t..here-<:H to 'be :Zieir ~ree act a,::d ::'r;:~~ 2S s~c.!:1
f)-i-;"2'ce~ '~3ey~,!J-:!to. d~.:!J 3:~.lt~or:i~~; a.r:d 't1:~t' ~-=e of.11ci31 seal of said ='..1nici~al co{?or-:1t.:on :5 duly a.:.:.-:....i:ed ~~e!'e'~o, ~d :.:.'~ -s2...id CQi:\-ey.
.::"~ce ~ t~e ~c~ ,~..::d (~\:-~:d at" :'::::a. C~:-;Gl".::u.on..
'::'C_~)".'e 7~l-:::':2!l..
-;Y-~;.":'-j't::5'S :::..-y 5ig:;.~,t:::-e ;?~~'(~ oi.f.lc:r..l s(:.:d ;;t C~.:.;j,.~.....a,~t?r 1-'1 ,t..te C,JUflty of ?i~eL~as .:_-:d State ..,i ::or:~3, :l1e G..l); ?.:"::d ::F..>-:1: ~'.~:St
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~~t~:.t.lbliC St.He oi ?'!"r'C.1 a: ,,'.I;e
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c,Iy C.:>o::::.i.ssion :::'::;:>i:es:
~, ~:.... .~. r - - . _.\ _
~>\ C"'::,:.~'~:, ,:>'::,<;:, ~:~:;: !,
u
....Ck................~............:.}.-...':.."...,.i
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(Same "'coverage 'as Am rican Land Title Association Owner's Policy - Form A 970 - Amended 10-17-70)
GUARANTEE OF TITLE (OWNER)
Attomeys'ntle 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' Title Insurance Fund
By&d8.~
Paul B. Comstock
President and Executive Secretary
SERIAL
OG- 1022756
FUND FORM OG (12/83 DSI 25M)
I
FUND OWNER'S FORM
I
SCHEDULE A
Policy or
Guarantee No. :OG1022756
Effective Date: November 16, 1984
2:39 p.m.
M~mber's File Reference:
Amount of Insurance: $ 940,000.00
I. Name of Insured:
CITY OF CLEARWATER
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 instrument recorded in
Official Records Book 5879 ,Page 1037 , of the Public Records
of Pinellas County, Florida.
3. The land referred to in this policy or guarantee is described as follows:
SEE CONTINUATION SHEET
ISSUED BY
JOE R. WOLFE, CHARTERED
4145
(Attorney or Firm of Attorneys)
MEMBER NO.
16 North Fort Harrison Avenue
(Mailing Address)
Clearwater
(City)
Florida, 33515
(Zip)
FUND Form OG/OP/OPM-SCH, A (Rev. 1/77) (11/82 DSI15M)
:J
FUND OWNER'S FORM
I
SCHEDULE B
Policy or Guarantee No.:
OG1022756
This policy or guarantee does not insure against loss Of damage by reason of the following exceptions:
from November 16 1984 "
Taxes for the year il[.1.hf.....l:.tJl:..U~.c....d.;u.e...L.lLili.is.~.u.l'qL.LlL.;gJ.lar~llu:f:. and taxes or spcCial asscssments wJuch are not shown as
existing liens by the pu blic records, (f (l...k.1
Rights or claims of parties in possession not shown by the public records,
1.
2.
3.
~i:Li+le.~,....L.l~1apii., hmln d~ J:Y-Ui+e-..dispJ.lt.es.,....wL ..a.tl~....o.the.i-ma.1..teLS....lo\I.b.ll;h_~au.ld.l1.e.-d.isclosed~_au...aCQlla1f:....s.uL'<l:~
"~Tl:d-i1'l~'6f41te-~~'56!i,..- ~ p.."to
Easements or claims of easements not shown by the public records.
4.
5 . ~-tiett;--er-f~-te-a--Li.;H+r,f:Q.r_~.\Q~.,..~_..~~~-1~l.+~e.~-I+c..i;e.a.rt.eJ;...Jiu.n.i:i.h.c~,.....iJll~d~~..alld..JlllL
sfi"wtt4ly-Hle-f*tbli€-r-eeer-85-:-- r p....iu
6. Subj ect to a spur right of way contained in a lease between the Campbell Paving
Company and the Seaboard Coastline Railroad and Dee Wood Industries, Inc. (now Robert
R. D'Andrea) dated June 1, 1973, being numbered by the railroad as No. 14968.
7. The south 30 feet of the north 195 feet of the SW 1/4 of the SE 1/4 as described
herein are subject to a lease dated January 27, 1984, with Robert R. D'Andrea which at
paragraphs 37 and 38 provide for a joint use and also provides for the right to use
a strip 30 feet wide lying south and along the whole length of the said 195 feet for
ingress and egress, and the grantor reserves to itself, its successors and assigns, a 30
foot wide non-exclusive easement over the south 30 feet of the 195 feet above described
for ingress and egress.
8. The grantor of the deed conveyed to the grantee thereof a non-exclusive easement for
ingress and egress over a strip of land 30 feet wide lying immediately south of the 195
feet above described across the entire length.
FUND Form OG/OP/OPM-SCH. B (Rev. 1/77) (11/82 DSI 10M)
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1 FUND CONTINUA TlON SHEET I
(SCHEDULE
CONTINUED)
Commitment. Policy or GUlrantft No.: OGI022756
TH:'T ?ART OF S(crlC1~~S 1 AN!' 12, lO\o.'NSHlr 29 ~(;UTH, RMH;~ IS
fAST, PINELLAS COUNTY, FLO~IDA DESCRIBeD AS FOLLO~S:
aEGJNNING AT THe SOUTH~~Sl CO~NrR or THE SOUTHEAST 1/4 OF
S(CTJO:~ 1, TO\..'NSHIP 29 50UTH, r.Ai~C.( I~ E.-.SoT ;"1.0 RUN THCNCE
S29c21'17"E 50.00 FEET TO THe POINT OF BEGIN'.JING,'; TH~NCE NOolG"30"~
19~.OO FEET ALONG THE EASTERLY R1G~T-OF-WAY or HE~CULE~ AVENUE;
THENCE S89021"0CO( 225.(,0 FEt::T; 'THENCE NO~16'30"E 100.00 FEET;
THENC~ 5890'21'00"( 90.00 FEET ALONG THE 50LITH LINl OF HIE ClEA~~AiER
INDUSTRIAl PAR.~, ACCORDING TO TH( t'L.t.T 'T!lfRlO~ AS Rf:CO;:\'ED It~ PLAT
BOOr. ~4, PAGE 4t, OF THE ruaLIC RECORDS or PlN(LlA~ COU~~Y, FLORIDA;
.it;=NC~ 5001&'30"E I.j(,O.OO FEET; 'Tl"i(NC.( SSlit.]!'17"E 39~.&.;2 FEE.T ALO:H.
A lINE 35 FEET NORTH OF ~ND PA~ALLEL TO THE SOUTH BOUNDARY OF ~AIO
SECTION 1, TO A POINT 8 F(El ~AST OF TH~ CENTr~L7N[ OF A RA]iQO~D
SP~';': TR':'CK; 111~~:CE. Nf,oJi'OS"[ AlOtJG A CU\.;VL TO jH~ lEfT ti:"Vl'~l', ;.,
R;"~IUS OF 4B8,bS FErr, ~~C or 102.32 FEET, CHOKD OF 161.5; FEEl,
ALor:G A LINe S FeET EAST OF THE CENTERLlNf or l:iE ArORLS~:O RAIL-
RUA~ SPUR TR/.C,t; lHENc.r 589021'17"[ 520.9(, H.ET'ALONG A LINE
lCJ5.00 F!:ET IW~TH or lHE' SOUTH BOU:~DARY OF St.1D 5ECTIOt~ 1; THEt.CE
Suo09'32"E 1~5.00 f[[i ALONG THE EAST ~IGt1T-cr-"'A" OF SUtJSHINE
DRIVE AS SHOW~ ON 1M: AFORE~ENTIONED PLAT OF l~E CLEARWATER
INDUSTRIAL PARK; THENCE N89021'17"~: SS~,bO Ffll t.LOI";C; THE 50UT~
5(;UI~DARY OF SAID SECTIor: I, ALS('\ ~tING Tt1( f,j()RTI-l Bo~mO;..;n OF SAID
SECT IN: 12, TO A POINT E.OO FEE'T EAST OF iHE C(t~TE;\L1NL OF SAID
~AIL;:-\'.I.~ SPUR TRAC~; Tttr-:Cr 5;1026'50"\.' t.lO:~(.;' CURvf 'YO THERJGHT
HAVING A RADIUS OF ~aE.l, rLEi.. ARC OF 1.092.97 F((1 {HORD OF 472.34
FEET ALONG A LIN[ R.Oa frrT r^~' OF THE CE~lE~LINE OF THE AFORE-
SAID RAIL..(.AtJ "p.:;" T~M'.. ':0 T..r r':0~lH RIGH1-0F-WAY OF TI'iE S.t.l.
RA.IlRO.t.~; T~! r~~[ :.7205';' IS" w 34';.24 FEET ALONe. THE NORil'ifitLY Rl(,HT-
Of-..AY C~ Ti1E A;:r.~lSA1:> !'.C.L, RAlL~Ot.:.; TO THE EAST KIGH'T-Of-\o.'AY
OF HfRCVLE:.S ;"V~NUE; THENCE NOo18'4~"L 201.04'r((T ALO~~G THE CAST
RIC;Hl-OF-'l'l'AY aF HERCULES AVEr.iJE: TO Tt1f POINT or arc.IN~lNG.
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1 FUND CONTINUATION SHEET ,
(SCHEDULE
CONTINUED)
Commitment. Policy or GUlrant" No.: OG1022756
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THAT PART OF SE:CTIr.~:S 1 A.N~ 12, lO\o.'NSHlr 29 ~CUTH~ R/.r~GE IS
[AST. PINELLAS COUNTY~ FLO~IDA DESCRIBtD AS fOLLO~S:
aEGTNNI~G AT THe SOUTHWEST CO~NrR OF THE SOU1H~AST l/~ OF
S[CTlO:: l~ iOi-!NSHIP 29 SOUTH, ~:.:~"r 1~ E:,ST ;.t~O RUN THENCE
S29~21'17"E SO.OO FEEl TO THe POJNT OF BEGINrHNG; iH!:NCE NOoIG'30.....
39~,OD FEET ALONG T~f EASTERLY RIGHT-Of-WAY OF HE~CULE~ AVENUE;
THENCE S8902]'OCO( 225.(,0 FE[T; THENCE NOcIG'30"E 100.00 fEET;
THtNCE. 5890'11'00"( 90.00 FEET ALON(, THE SOL'TH llNl OF HfE CLE;.~..AiER
INDUSTRIAL PARK, ACC.ORDIN(, '0 TH( J"L.&.T 'T~ifP.LOf AS R~CO;;::>(D Jt~ PLAT
BOOr. ~~, P~GC ~t, OF TH( PuBLIC RtCOK~S or J")N(LLA5 CC~~lY, FLOP.IDA;
"Hi[N'.:!: S001&'30"E ltC,O.Oo FEET; lri(t.lC( sa9t.21'17"E 39~.it2 ff(.T AlO~~C.
A LINE 35 FEET NORTH OF AND PA~ALlEL TO THE SOUTH aOUND~RY OF SAID
SECTION 1, TO A POINT 8 fCEl EAST OF TH~ CENTERlJNE OF A ~A]L~O~D
SP~';': 'TRACK;'iiE~:C( Neo 3i I 08"( ALOtJG t. CUI.:'VL TO iH[ LEFT ti:'.VPl'. ;.
Rt.~IUS OF ~68.bS FErT, A~C or lb2.32 FEET, CHO~D OF 1Ll.S: FeEl,
ALorJG A LINt. 8 FE.ET E-"5T OF THE CENTERLlNf or 1!1( ArORLSA:O RAll-
R(JA:> SPUR TRf.c.~; THENce 589"21'17"[ S70.9E, F~ET'ALorlG A LINE
1~S.OO F~ET rWRTH or THE' SOUTH BOU:m.&.~y OF SAID SECTJOr~ 1; THEf.CE
SOo09'32"E. 1<;45,00 ,.rri ~LONG THE EASl ~IGt1T-cr-""A'f Of SlJrJSHINE
DRIVE AS SHOW~ ON THE AFOREMENTIONED PLAT OF lME CLft.RW~TER
H~DUSTIUAL rARKi THENCE N89021'17""! SS~.bO fELT ~LOI";G THE SOUTt-!
6CiUI.:OARY Of SAID SECTIOr: ), ALSll Rt'ING THe t.I()RH1 BOU~JD;"RY OF SAID
S['TJO!'~ 12, TO A POINT E.OO FEEl CA.S'T OF THE C.(t~Tf.j:\LINt OF SAID
~AIL;:-\'.f,~ SPUR TRACK; THr'JeE S;1026'~O"\oO AlO:.(. :.. cu~Vf 10 THE RIGHi
HA.VING A RAClIUS OF "'BE.lS rU:T" ARC OF ~92.97 fr.fT Cl10RO OF "'72.3~
FEET ALONG A LJNf 8.DO ferT r^~' OF THE CE~iE~LINE OF TME AFORE-
SAID R:..I;.i.(.AfJ -.~'U~' T;./or.. ~O T"I' f':0;:TH RIGH,-or-WAY OF THE S.C.L.
R~llJ.:OA:; T~! r..:..r :.72~5~' I~" w 34~.24 FEET ALONe. THE NORTHERLY RJGHT-
or-~AY Of ~rlE AF~~LSAIO ~.C.L. RAJL~O~~ TO THE EAST RIGHT-Of-WAY
OF HfRCULES ;"V~NUE; THENC( NOO)~'~'4"t 201.04'fEET t.LO~~C. THE E.AST
RIGH1-OF-~AY C1F HERCULES AVEI~iJ~ TO luf PorNT or arGINNING.
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J FUND CONTINUA TJON SHEET I
(SCHEDULE
CONTINUED)
Commitment. Policy tw Guarantee No.: OGI022756
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TH.c..T PART OF S(CTIr.~;S 1 Ar~I' 12, TO\o.'NSHlr 29 ~CUTH~ ~M"GE IS
fAST. rlNELLAS COUNTY, FLO~IOA DESCRIBCD AS fOLLO~S:
aEG'N~INC AT THe 50UTHW~ST CO~NrR OF THE SOU1HCAST 1/~ OF
SEeTIO:; 1, TO\.!NSHlr 29 S.OUTH, F:/.r':GE 1~ Et.S" ;..rm RUN THENCE
5B9('21'17"E 50.00 FEEl 10 THe PO:NT OF BEGINrHNC.'; "H~NCENao1613Q"~
39).00 FEET ALONG n"lE EASTERLY ~JGt-!T-OF-WAY OF HERCULES AVEf'lU~;
THENCE S8902) 'OOO( 225.00 FELT; THENCE NOcl5' ~O"E 100.00 fEET;
lHE-NeE. 589021'00"E 90.00 FEET ALONe. 1HE SOUTH LINl OF Hit CLEARIoOAiER
JNOUsnUAl PARK, ACCORDINC. 'TO TH[ PL.c..T 7!ifP.LOf AS RECO;:\:>EO If~ PLAT
BOOr. ~~, PAGe ~t, OF THC PUBLIC RECO~DS or PIN(LLA~ COU~iY, FLO~JOA;
.iti[Nr~ 5001&'30"E 4C10.00 FEET; 1,;(NC( SS9C,2l'17"E 39~.&"2 fEE.T AlO:""
A lINE 35 FEET NORTH OF ~ND PA~ALLfl TO THE SOUTrl BOUNO~RY OF SAID
SECTJOr.; 1, TO A POINT 8 F(ET E.AST OF TH~ CEPHLRl1'''( OF A ~~H.~O"D
SP~';': l~ACK; lti:PJCE. P.jf,c3i'08"( ALO'''G ~ CU~y( TO jH~ LEFT t;~~V:W. ;..
RA~IUS OF 4&8.&5 FErT, A~C or 1&2.32 FEET, C~O~O OF Ibl.S: FEEl,
ALOfJG A LlN[ 8 FEET EAST OF THE CENTERLlNf or 1:1E AtORLSA;D RAIL-
RUA:) SPUR TRf.CI.; lHENCr S89011tlJ"( 520.9(. F!:.ET'AlOfJG A LINE
lC;?5.00 F~ET 'W~TH or THr SOUHi BPu:mAKY OF SAIDSECTJor~ 1; THEt.CE
SQo09'32"E 1~~.OO frfi .c..lONG THE fAST RIGt1i-cr-w.c..v OF ~U"'SHINE
ORI\f~ AS SHOw~~ ON 1M:;' AFOREP',Er.iTJONEC PLA'7 OF Il"iC CLf:'~wAlER
H~DUSTRIAL rARKi THENCE N89021t17".,.. ~S~.bJl ffLT I.LOt.G THE SOUTt'!
8(;U'~DARY OF SAID 5ECTIorJ 1, ALSO ~HJt':G TH( N('\RTH BOUi~D;"RY OF SAID
SECTJON 12, TO A POJNT E.OO FEEl CAST OF THE ((t~Tf.~llNt OF SAID
RAll;:\'.I.~ SPUR H~AC~; THr'JCE 5;1026'50"\0\ AlOi,j(. A CU"''o'r TO THE RIGHT
HAVING A RADIUS OF 4BE.ts n.ET,. APC OF ~2-<-97 f([T (HORO OF 472.3'"
FEET ALONG A lJNf 8.00 FerT rA~' OF THE CE~TE~LINE OF THE AFORE-
SAID RA1U'l'.AtJ ~~'..:;.' T~~r.. ~O l,.f r':01::1H RIGH1-OF-WAY OF THE S.C.L.
R~l LROA:; T~! r.,;~[ :.7~:)5..' 15" w ~44: '4 FE~T ALONe. THE NORTHf.KLY RJGHT-
or-~AY Cf ~rlE AFCRlSAIO ~.C.L. RAILPOA~ TO THE EAST RIGHT-OF-WAY
OF HfRCVLtS AV~NUE; THENce Ncon"&.~"t 20t.04'r(ET AlO~~C. THE (AST
RIGH1-OF-\o,'AY CF HERCULES AVEI,j\J( TO THf porNTor orc.IN~ING.
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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 ,In 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)n 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
apprppriate action under the terms of this guarantee,
whe~her 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
discretion, to appeallrom any adverse j:dgment 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 herrof whicheis 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 an~ act of such insured claimant,
such act shall not void tms 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. ~ndorsementto this guarantee
can be made except by w~itingendorsed hereon or
attached hereto signed by either the President, a Vice
Prell1dent, 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
bllsiness 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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