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SQUARE D COMPANY (2) I 86206313 I D.f?B309~nr 1695 'i {.d' ./J /' ..' to j r ". V ,"./ . ~ WARRANTY DEED f:h THIS INDENTURE made as of the ;(7 day of August, 1986, between Square D Company, a Michigan corporation, authorized to transact business in the State of Florida, hereinafter referred to as Grantor, and The City of Clear- water, a political subdivision of the State of Florida, whose address is P. O. Box 4748, Clearwater, Florida 33518, herein- after referred to as Grantee: 11-1 1"'832i~!.\6 72 .i. 055[8,,, '40 ., .{:lf~ WIT N E SSE T H : 43- TOTAL That the Grantor, for and in consideration of the sum of $10.00 and other good and valuable consideration paid by Grantee to Grantor, the receipt and sufficiency whereof is hereby acknowledged, hereby grants, bargains, sells, conveys, remises, releases and transfers unto the Grantee, all that certain real property described on Exhibit "A" attached hereto and located in Pinellas County, Plorida (the "Property"), SUBJECT TO municipal and zoning ordinances and general taxes for 1986 (collectively the "Permitted Excep- tions"). AND THE GRANTOR hereby covenants with the Grante~n that it is lawfully seized of the Property in fee simple; r\~ that lt has good right and lawful authority to sell and convey the Property; and that Grantor warrants title to thl:{ Property subject to the Permitted Exceptions and will defend the same against the lawful claims of all persons. ~: ,,~. " r;:J IN WITNESS WHEREOF, the Grantor has hereunto caused its name and its corporate seal to be affixed as of the day and year first above written. SQUARE D COMPANY 8{},j r:.~o 2f.;.i'J .lj(; CMt< f ~1 ~ ~ is.. ~ t. By: L1 (j, y ~~~r.. .." w. W. Kur~~ ~;::~-~- ,.~:>~. Its: Vice presidEinhc~ecret5ryin~f::", General CO:un~J:;.'_'-_' - ~~., [ CORPORAT~EAL 1 ~':'. '. =-- ,;~~" '. '~,2~: ' " ;;... ..." ...... COUNTY OF COOK ) SSM ) ... ",'. -' ~. _.-- ... \~ The foregoing instrument was acknowledged before me this 27th day of August, 1986, by w. W. Kurczewski . the Vice. .presldent, Secretary of Square D Company, a Mi~ch]:ganc:' corp'CttJa€11lfrf:loCfiu'-!t@f1klf of said corporation. /~.::l/i"~ i',.\<.,,} C1 ~"'s', 11 Ch ....hi'>.J\ _171 L,~ /' 0 _I'?~ Documentary Tax pd, $.~...,t!..,~., , .0<". z..cuu $ 4i 1'C:; ~& .................... I nlilng:!,:k, Tax Pel. 4~ - ~ t, Karleen F. Dc BI"kpr, '::ierk, Counf".. .;: _____.__ . . 13 /Y:v1 'T ...-- y.~ /. !::t. . . , . . . ,. ....,.:, -~1~)~ dCJrJ.L M ~ [NO'I'ARIAL SEAL j M~ r.ommission Expires: February 11, 1989 This Instrument was prepared by and after recording ~8~~~ to: Stanley A. Tarkow Foley & Lardner One Tampa City Center Suite 2700 Tampa, Florida 33602 ~{(U.J( ~5"4>1J7"'" '11''7 ee : ~j?1 ~ (Ot;) 0J;;ff:h ') 9/30 If\:~, Ci ~,\r!i 19 -cD$"03 (~) --, C~/"'" I ISIIIlIl1T "A" I D.~.&300iPAnr1696 A parcel of land lying in the West 411.05 feet of the East 974.00 feet of the Rxth 60.00 feet of the South 100.00 feet of the SW 1/4 of the SE 1/4 of section 1, Township 29 SOUth, ~e 15 East, Pine11as County, Florida, LESS AM) 1liM.D"1' that portion lying Easterly of a line 8.00 feet Easterly of and parallel to the centerline of the existing Railroad Spur Track beirr) further described as follQlllS: Beginning at the SE corner of the SIll 1/4 of the SE 1/4 of Sction 1, 'lWnship 29 South, Range 15 Fast: thence traverse N 89 deg. 32'18" West, 33.00 feet along South boundary of said Section 1 to the Westerly right-of-way of Slmshine Drive: thence N 00 deg.ll'40" West, 195.00 feet continui.ng along said right-of-way line: thence N 89 deg. 32'18" West, 521.54 feet to a point 8.00 feet East of the centerline of the Railroad Spur Track and 195.00 feet North of and parallel to the South line of said Section 1: thence 95.39 feet along an arc of a curve to the right, said curve having a radius of 528.00 feet and a chom length of 95.27 feet which bears S 04 deg. 52' 10" West for a Point of Beginning; thence 61.60 feet along an arc of a curve to the right, said curve having a radius of 528.00 feet and a chord length of 61.56 feet which bears S 13 deg. 23' 19" West: thence N 89 deg. 32' 18" West, 396.59 feet: thence N 00 deg. 11'40" West, 60.00 feet: thence S 89 deg. 32' 18" East, 411.05 feet to the Point of Begiming. INITIAL eJ AL TA Owner's Policy - Form A ~ Amended 10-17-70 ~ I 86070088 " .:.-. ,t./ POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COV~t~AGE, THE EXC9~TIONS CONTAINED IN SCHEDULE BAND THE PROVISIONS OF THE CONDITIONS~j\I:p STIPULATIO~rr;:HEREOF, STEWART TITLE GUARANTY COMPANY, a corporation of Galveston, Texasfh~rein 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 desCri~edj~.rrG~:~MI:Abeif)gvested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and frorTl the lal:l~i; ;",::'-" :- -",-::: IN WITNESS WHEREOF, Stewart Titl~~M~rafttVSgmparlyli.c<ill~this policy to be signed and sealed by its duly authorized officers as of Date of Policy "'1i>1/Vn in$9heduleA s~rEWART ~rITLE ~~~~ Chairman of the Board Cou ntersigned: ttud~ Authorized Countersignature EXCLUSIONS'FROM.COVERAG <d e!~$~ President The following matters are expressly excluded from the coverage of this policy: 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 dom<lin or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy, 3, Defects, liens, encumbrances, adverse claims. or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; 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 policy. 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, ~ -+- -- - -- -- ~ -- Page 1 of 0 9901 Policy Serial No,. . 89248 00l,A .':' . .. ~ ~J },".; . l' I . TO CONVERT ALTA FORM A POLICY TO ~TA FORM 8'POLICY ENDORSEMENT NO. Mo. ISSUED IV STEWART ,TITLE GUARANTY COMPANY Altai'. . :.111..: 86070088 AttIClaed to _d lonnia.' part of Policy No, 0-9901-89248 ~he following is added totbe list of policy coverages ' contained on the firat'page of ~heabOve numberedpciliey: 4. Unmarketa))ilityof 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 idential to that provided by the American Land Title Association Form 8-1970 (amendedlO/17/70 and 10/17/84). Notbme herein contained lhaD 1M CODStnJH _.teDdiDI or cbanpc the effective date or said policy. 1IDIas otherwise _preIIIy stated. This Endorsement shall not be valid or bindina unless countersigned by either a duly authorized agent or represrnt:ative or the Company, and when so countersigned it is m:ade :a part of said Polky. :and is subject to the schedules, conditions :and stipul:ations therein. except :as modified by the provisions hereof. IN WITNESS WHEREOF. has caused its corporate se:al to be hereunto :affL\ed and these presents to be signed in facsimile under :authority of its B,.L1ws. D:uecl this 5 th day of September .19...J!&. ~d~ Pr~5i >'l"'H Stewart Title Company of Clearwater Inc~y: (InlCrt :abuve line n;lme uf Agent) Ronald E. Somers A~T~ O:^,NER'S P?L1CY-Amended 10/1rO I SCHEDULE A Order No,: 86070088 Policy No,: 0 - 9901 -89248 Date of Policy: September 5, 1986 Amount of Insurance: $40, 000 . 00 1, Name of Insured City of Clearwater 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: City of Clearwater 4. The land referred to in this policy is described as follows: A par c e 1 of 1 and 1 y i n gin S e c t ion 1 , Tow n s hip 29 Sou t h, Ran gel 5 East, Pinel1as County, Florida and being explicitly described on EXHIBIT "A" attached hereto and made a part hereof Page 2 STEWART TITLE GUARANTY COMPANY 2112 20M 6,85 , I' r;;uuJU'T "A" A pucel of land 1yiD) in the West 411.05 feet of the East 974.00 feet of the North 60.00 feet of the SOUth 100.00 feet of the SW 1/4 of the SE 1/4 of section 1, Township 29 SOUth, Range 15 East, Pine1las County, norida, LESS AR) U&.;U"1" that portion lying Easterly of a line 8.00 feet Easterly of and parallel to the centerline of the exiat1ng RaUroad Spur Track being further described as follows: Beginn.ing at the SE comer of the SW 1/4 of the SE 1/4 of Sction 1, 'ltMlship 29 south, Range 15 Fast; thence travene'N 89 deg. 32'18" West, 33.00 feet along south 'bc:Jurnary of said Section 1 to the Westerly right-of-way of SlmShine Drive; thence N 00 deg.ll'40" West, 195.00 feet continuing along said right-of-way line; thence N 89 deg. 32'18" West, 521.54 feet to a point 8.00 feet East of the centerline of the Railroad Spur Track and 195.00 feet North of and parallel to the SOu1:h line of said Section 1; thence 95.39 feet along an m:c of a curve to the right, said curve having a radius of 528.00 feet and a chom length of 95.27 feet which bears ,S 04 deg. 52110" West for a Point of Beginn.ing; thence 61.60 feet along an arc of a curve to the right, said curve havin} a radius of 528.00 feet and a chom length of 61. 56 feet which bears S 13 deg. 23119" West; thence N 89 deg. 32'18" West, 396.59 feet; thence N 00 deg. 11'40" West, 60.00 feet; thence S 89 deg. 32'18" East, 411.05 feet to the Point of Begi.nning. INITIAL 8 i ~LTA 9WNER'S ,POLICY - Amended 1f17/70 I SCHEDULE B Policy No,:O-9901-89248 This policy does not insure against loss or damage by reason of the following: De 1 eted 1, Rl9~t",~~~..ot~R:~-iR~iOo~~~..s.h.g~b)'-th.e-pu.b!ic'(~COl'd~ 2, Easements, or claims of easements, not shown by the public records, De 1 e te d 3, ErTcl"OaChments;-o\reT'l-aps, wanda1"'1 tine-di'SI'tttes,"01''Other M1'8tters-wh-iel'twotllodm-d+scfosedby an-aGC",u:a~9- e~n.l9'r- Qr:. Ul.i;~9G-tion-Qf-tJ;",,~..pr9mis4!~. De 1 e te d 4. Aov-I~ -of -r~~~ ~e- ii-He-fIr b'-&eFViS<66r +aboF -of .f=Rater.j.a-1-hef:6tefof:e- ~F- .R9t:ea*ter-kJ.I;~i6R.ed, imp'Ose-& bY' +a'IIIt ~nd- 'flot- sl-tOWI'l' -by -the flt:l "1+C-l'eCtll'ds, Deleted 5, ~lillffA'j:f'''''eJf'eff'f;-6ewet';''~~-&f'4tefl:tes+ea&~&,-i+&R't~ef.-- t+te-imttted=- Deleted 6, ~~~iQ~;r~,~~R(~~~!)\~~e5~.~,~~~~W~,?~~.QQ~~",,,",,, ~h!I.I.I\,I. a~~~~~~,I.~~.~.I\.~~~~~Rr;~~~~~~~~.,..- 1't8Vt@&ekrt'i"!fef8?"'eke&r-&&ySr..eee&A-e.F-~~.o+'-liI~~~f,.~ h.rbQI;-Q~ lTrres-aS ~~ldbti'S'h'e'd-ar(,llCm~~J bV"'l.'lTe-UI,;ted 5t~6-mrernment-or-'W3te1'~, *-anV=- 7, Taxesfortheyear1986 andthereatter., a lien not yet due and payable. Deleted 8. Subject to zoning and/or other governmental prohibition or regulations affecting the use of the property. 9. ~~-a-ft:Y'-+.;-e-n--f't>"r"'-m tJ I'l ; c; f"a+-+~'te-tft'e"fl"=e~~-~~+e~-=e6- ~t01'te-d--fitfl"&-W-n+e-",-~-fl'6't--b-e-e-n--f.;~-f~-~-eiH'"'d-.;'1t"-=efl-e--&ff.;-e-e e-f--'Ht-e--C-l-e-t--k--o-f--t-frte--€';~l:t.;.-t~t:J'1""t -ef-..p..;..I't~-i1rg--€"t>1Ht-t:r-,--F+~i-d-a-;- tl1td--ttn:r-"'ft'l'td-"frl-l-~1tftd-+fl1j'"'-a-~ e ! 3 men t 3 P t "O-.te-e-t-e-d--o-r--t-o---be--I"~ - ~-eettd,-+f-a-ft:Y' . STEWART TITLE 2113 (Rev, 3/80) Page 3 GUARANTY COMPANY ~ONDITIONS AND STIPULATIONS Continue<l (contmued and cOnGluded fl1>m reverse side of Policy Face) 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 accord- ance 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 ~otice; (b) i~ 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 Com- pany. 8, REDUCTION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company, 9, LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner, 10. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis as Valid Only If Schedules A and B are Attached, if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. SUBROGATION UPON PAYMENT OR SETTLE- MENT Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insu red claimant, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss, If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount if any, lost to the Company by reason of the impairment' of the right of subrogation. 12, LIABILITY LIMITED TO THIS POLICY This instrument together with all endorsements and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or val idating officer or authorized signatory of the Company. 13. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at its main office, P. O. Box 2029, Houston, Texas 77252. 14, The premium specified in Schedule A is the entire charge for acceptance of risk. It includes charges for title search and examination if same is customary or required to be shown in the state in which the policy is issued, STEWART Tl"l"LE GUARANTY COMPANY