GRACE LUTHERAN CHURCH
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INST # 95-307403
DEC }I 1995 3:02PM
_1_ PINELLAS COUNTY FLA.
It'F.REC.BK 9181 PG 1918
/
Prepared by & return to:
Earl Barrett '
Engineering/Administration
Ci ty of CleartiBter
P. O. Box 4748
CleartiBter, Fl. 34618-4748
4C05551b PAL 12-04-1995 14:45:00
01 OED-GRACE LUTHERAN CHURCH OF CLW
RECORDING 1 $19.50
DOC STAMP - DR219 3 $2.10
PROJECT
PARCEL NO.
HIGHLAND AVENUE
22
TOTAL: $21.tO
CHECK A~T.TtNDERED: l21.;O
CHANGE: ~.0C
TIllS SPECIAL WARRANTY DEED
;""[j> Hade this / &t:- day of
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, A.D. 1995 by the
Grace Lutheran Church of Clearwater, Inc.
a non-profit corporation under the laws of the state of Florida
_~__"'''' 1812 North Highland Avenue, Clearwater, Florida 34615-2136
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hereinafter called the Grantor, to the
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1, '~~~::r~~::,.'_1 ~,,~,.,
city of Clearwater, Florida,
a Florida Municipal corporation
whose Post Office address is: P. O. Box 4748, Clearwater, Florida
_..34618=4748, ATTENTION: city Manager, hereinafter called the
<;:Grantee:
.'
,/..
~~ (Whenever used herein the ternl "grantor" and "granlt'e" include all the parties to this instrument and the heirs, legal represent.,tivc, ,md ",signs of individuals,
,! and the successors and assigns of corporations)
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witnesseth, that the grantor, for and in consideration of $10.00
and other valuable considerations, receipt whereof is hereby
acknowledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirms unto the grantee, all that certain
parcel of real property situate in pinellas County, Florida, viz:
~_. I,
That portion of the East 430 feet of the South 330
feet of the Northwest ~ of Section 2, Township 29
South, Range 15 East, pinellas County, Florida, being
more particularly described in EXHIBIT "A" and depicted
in EXHIBIT "B" attached hereto and made a part hereof.
Together with all the tenements, hereditaments and appurtenances
thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
subject to nondelinquent ad valorem taxes and current installments
of special assessments not yet due and payable, to highways,
rights-of-way, mineral reservations, licenses, easements and
restrictions of record generally, zoning ordinances and other
governmental limitations, or others which might be disclosed by an
accurate inspection and architectural survey.
//-
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PURCHASE AGREEMENT
PROJECT
PARCEL NO. :
HIGHLAND AVENUE
22
THIS AGREEMENT is made between GRACE LUTHERAN CHURCH OF CLEARWATER, INC., a
non-profit corporation under the laws of the State of Florida, 181i North
Highland Avenue, Clearwater, Florida 34615-2136 (herein "Seller"), and the
CITY OF CLEARWATER, FLORIDA, a Florida Municipal corporation (herein "Buyer"
or "city").
WITNESSETH
For and in consideration of the mutual covenants and condi tions herein
contained, Seller hereby agrees to sell and Buyer agrees to buy the following
property or interest therein, upon the following terms and conditions:
I. DESCRIPTION
(a) Real estate or interest therein, identified as Parcel No. 22 as
shown on right-of-way maps of Highland Avenue, being a portion of
the East 430 feet of the South 330 feet of the Northwest ~ of the
Southeast ~ of section 2, Township 29 South, Range 15 East,
pinellas County, Florida, as more particularly described in Exhibit
"A" and depicted in Exhibit "B" attached hereto and by reference
made a part hereof.
[X] Fee simple
(b) Personal property to be conveyed: None.
II. PURCHASE PRICE
Amount to be paid by Buyer to Seller at closing......$ 250.00
III. CONDITIONS AND LIMITATIONS
(a) In addition to the PURCHASE PRICE to be paid as above described,
the city shall reconstruct any portion of the planter and cross
that may encroach upon Parcel No. 22. Reconstruction shall be
with the approval of the Seller's Property Manager, which shall not
be unreasonably withheld. The planter shall be returned to the
same physical dimensions as now exist, using equal or better
materials, with all work being performed in a workmanlike manner
and in compliance with all applicable codes.
(b) Seller agrees to indemnify and save the City harmless from all
claims (including costs and expenses of defending against such
claims) arising or alleged to arise from any act or omission of
of the city, its agents, employees or contractors, and from all
claims for any damage or injury incurred during fulfillment of
city obligations herein described.
(c) Seller shall deliver unencumbered title to Buyer at closing. Buyer
shall, at Buyer's sole cost and expense, have the obligation to
obtain any releases of encumbrances as Buyer may require.
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Page 2: Highland Avenue, Parcel #22
(d) Seller authorizes, and the City agrees, to restore to the
present or equal condition any of Seller's remainder property up to
but not more than five feet (5') abutting the parcel being conveyed
that may be disturbed or impacted during construction of the
right-of-way improvements. Such restoration shall be
accomplished at city expense and shall be completed not later
than project completion.
(e) It is mutually understood that this Agreement is executed by the
Seller subject to final acceptance by the city Engineer of the
City of Clearwater, which shall occur within five (5) business
days of receipt of this document in the office of the city
Engineer, executed in duplicate by Seller. Date of acceptance
and execution by the city Engineer shall be the Effective Date of
this agreement, and execution shall serve to ratify and confirm
the purchase price and all terms and conditions as are contained
herein. If this agreement is not timely accepted and executed by
the city Engineer, Seller may, at Seller option, withdraw from
this agreement by providing written notice of such intent to the
office of the city Engineer, whereupon this agreement shall
thereafter be null and void in all respects.
IV. CLOSING DATE - POSSESSION
This transaction shall be closed and the Seller shall convey
title by special Warranty Deed within forty-five (45) days of the
Effective date of this agreement.
V. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions inserted herein or attached
hereto as addenda, and initialed by the parties, shall control
all printed provisions in conflict therewith.
VI. IN WITNESS WHEREOF, the Seller has caused these presents to be
executed in its name by resolution of its Board of Directors this Iq~
day of {jc.fobe.t" , 1995.
WITNESS
WITN~ ~
SELLER: GRACE LUTHERAN CHURCH OF
CLEARWATER, INC., a non-profit
corporation under the laws of
the State of Florida
By: oN~.-./ If' fbekL.
~~y~ V. Baker, Sr.
Property Manager
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Page 3: Highland Avenue, Parcel #22
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VI. FINAL ACCEPTANCE BY THE CITY OF CLEARWATER, FLORIDA, EFFECTIVE DATE.
IN WITNESS WHEREOF, the Buyer has caused these presen~ to be
accepted ~nd executed in its name by its city Engineer this day
of (j e..N- . , 1995.
~.d~~
WI NESS
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TNESSQP /
BUYER:
By:
ATER, FLORIDA
Engineer
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EXHIBIT B
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NE COR. OF NW 1/4
OF SW 1/4 OF SEC 2
S 89. 26' 15" E
400.03' (C)
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(p) 0= PLAT
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(60' R/W)
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" SHEET 1 OF 2
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SKETCH ONLY - NOT A SURVEY
SEE SHEET 2 OF 2 FOR LEGAL DESCRIPTION
CUMBEY & FAIR, INC. ~
CONSUL T1NG ENGINEERS AND LAND SURVEYORS
2463 ENTERPRISE ROAD, CLEARWATER, flORIDA 34623
797-8982(CLW) 223-4333(TPA)
(",r~\f ,. "7()'
DA TE 5/8/95
DR/CHK DHR/KCL JOB NO. 810A
PARCEL 22
PROPOSED
RIGHT-OF-WAY
SECTION 2 . TOWNSHIP 29 SOUTH, RANGE '5 EAST
PINFl.l AS
COUNTY, FLORIDA
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PINELLAS COUNTY FLA.
_<:r~~~~~.B~ 9181 PG 19+9
And the said Grantor does specifically warrant the title to said
land and will defend the same against the lawful claim of all
persons claiming by, through or under Grantor, and subject to the
matters hereinabove mentioned.
In witness Whereof, the grantor has caused these presents to be
executed in its name, and its corporate seal to be hereunto
affixed, by its proper officers thereunto duly authorized, the day
and year first above written.
signed, sealed and delivered
in the presence of:
tJ,~~k?~
Print name tPe .7JA-LE' R ~P~R.
~~
Print name ~ M ~"'ejf-
By: '.
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Ted F stet'; Vice President
STATE OF FLORIDA
COUNTY OF PINELLAS
.
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The forngoing ~_st~ument was acknowledged before me this / "'!:!:'
day of ~.. ' , 1995, by John Hildebrandt, as
President, 'Grace Lutheran Church of Clearwater, Inc.
~.Florida
~~~'i Pv,," OFFICIAL NOTARY SEAL
o ~ EARL W BARRETT
~ ~I c; COMMISSION NUMBER
~ :: ~ <( CC203656
71<- j MY COMMISSION EXP.
OF f\.O MAY 26 1996
OR
Personally known
Provided Identification ~
Type of Identification Provided
pL. 7:> ,L. H If:!! Cf~f''fRIIf I
STATE OF FLORIDA
COUNTY OF PINELLAS
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Vice
The foreg9+ng instrument was acknowledged before me this
day of ~ ' 1995, by Ted Foster, as
President, Grace Lutheran Church of Clearwater, Inc.
~_# ~/# ff ("'/)..., ~~~'i PfJ,," OFFICIAL NOTARY SEAL
@~~ ~o~~ EARL W BARRETT
Notary Public - state of Florida ~ ."" COMMISSION NUM8ER
7: -" ~ CC203656
~ ~ MV COMMISSIOH EXP.
Personally known . OFf\.o MAY 261998
Provided Identification V _ - \.
Type of Identification Provided F 23' ~O.5 ~, ~'1S-0 C,cL,j).L.)
OR
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J PINELLAS COUNTY FLA.
OF.REC.BK 9181 PG 1920
-
EXHIBIT A
That portion ot the East 430 teet ot the South 330 teet ot the
Northwest 1/4 ot the Southwest 1/4. ot Section 2, Township 29 South,
Range 15 East, Pinellas County, Florida being turther described as
toll ows:
Commence at the Northeast corner ot the Northwest 1/4 ot the
Southwest 1/4 of said Section 2; thence S.OO. 07' 42" E., 1,298.55
feet along the East line of the Northwest 1/4 of the Southwest 1/4
of said Section 2; thence leaving said line, N.89. 26' 37" W., 30.04
feet to the point of intersection of the West right-ot-way line of
Highland Avenue (right-of-way width varies)' and the North right-ot-
way line of Otten Street (60' right-at-way) being the POINT OF
BEGINNING; thence N.89. 26' 15" W., 10.00 feet along said North right-
of-way line; thence leaving said line, N.45. 13' 02" E., 14.06 feet to
the West right-of-way line of said Highland Avenue; thence along
said line, S.OO. 07' 42" E., 10.00 feet to the POINT OF BEGINNING.
Containing 50 square feet, more or less.
NOTES
1. Bearings shown hereon are based on the East line of the Northwest 1/4 of the
Southwest 1/4 of - Section 2, Township 29 South, Range 15 East, Pinellas County,
Florida said line bears: S. 00. 07' 42" E.
2. Legal description was prepared by Cumbey &: Fair, Inc.
3. This sketch and description was prepared without the benefit of an abstract of title.
I HEREBY CERTIFY THAT THIS SKETCH AND DESCIPTlON MEETS THE MINIMUM TECHNICAL
STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL
SURVEYORS AND MAPPERS IN CHAPTER 61 G17-6, FLORIDA ADMINISTRA llVE CODE,
PURSUANT TO SECTION 472.027, FLORIDA STATUTES.
THIS SKETCH AND DESCRIPTION NOT VAUD UNLESS IMPRINTED WITH AN EMBOSSED
SURVEYORS SEAL.
.. 522
RED SURVEYOR
SKETCH ONLY - NOT A SURVEY
C;~ f!r;/
DATE
SHEET 2 OF 2
SEE SHEET 1 OF 2 FOR SKETCH
CUMBEY & FAIR, INC. ~
CONSULTING ENGINEERS AND LAND SURVEYORS
PARCEL 22
PROPOSED
RIGHT-OF-WAY
2463 ENTERPRISE ROAD, CLEARWATER, FLORIDA 34623
797-8982(CLW) 223-4333(TPA)
SCALE ,. - 20'
DA TE 5/8/95
DR/CHK DHR/KCL JOB NO. 810A
SECTION 2 , TOWNSHIP 29 SOUTH, RANGE 15 EAST
PINELLAS COUNTY, FLORIDA
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EXHIBIT B
NE COR. OF NW 1/4
OF SW1/4 OF SEC 2
S 89. 26' 15" E
400.03' (C)
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390.03' (C)
NORTH R/W LINE
LEGEND
R/W = RIGHT-Of-WAY
POB ... POINT OF BEGINNING
(p) .. PLAT
(F) ... FIELD
(C) ... CALCULATED
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10.00' (C)
N 89.26' 15" W
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(60' R/W)
i PINELLAS COUNTY FLA.
OfF.REC.BK 9181 PG 1921
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SCALE IN FEET
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SHEET 1 OF 2
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SKETCH ONLY - NOT A SURVEY
SEE SHEET 2 OF 2 FOR LEGAL DESCRIPllON
2463 ENTERPRISE ROAD. CLEARWATER. FLORIDA 34623
797-8982(CLW) 223-4333(TPA)
SCALE l. - 20' DA TE 5/8/95
DR/CHK DHR/KCL JOB NO. 8l0A
CUMBEY & FAIR, INC. ~
CONSUL llNG ENGINEERS AND LAND SURVEYORS
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PARCEL 22
PROPOSED
RIGHT-OF-WAY
SECTION 2 , TOWNSHIP 29 SOUTH, RANCE 15 EAST
PINELLAS COUNTY, FLORIDA
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PROJECT:
PARCEL NO.:
DATE:
HIGHLAND AVENUE
22
December 1, 1995
CLOSING STATEMENT
GRANTOR: Grace Lutheran Church of Clearwater, Inc., a non-profit corporation
under the laws of the state of Florida
ADDRESS: 1812 North Highland Avenue, Clearwater, Florida 34615-2136
GRANTEE: City of Clearwater, Florida
AGREEMENT DATE:
October 24, 1995
INTEREST CONVEYED: Fee Simple
***************************************************************************
PURCHASE PRICE
$ 250.00
ADDITIONAL:
MOVING
PERSONAL PROPERTY
$ -0-
$ -0-
TOTAL CASH COMPENSATION
$
250.00
DEDUCTIONS:
TAX PRORATION
DOC. STAMPS
$ -0-
$ -0-
NET COMPENSATION AT CLOSING
$
$
250.00
WARRANTY WITHHELD, IF ANY
-0-'
CLOSING EXPENSES TO BE PAID BY GRANTEE
TOTAL
$ 2.10
$ 19.50
$ 21.60
STATE DOCUMENTARY STAMPS:
RECORDING FEES
.
.
ENCUMBRANCES CLEARED AT CLOSING: NONE
ADDITIONAL CONSIDERATION DUE OUTSIDE CLOSING: In addition to the purchase
price paid above, and not later than completion of the improvement project,
the Grantee shall reconstruct any portion of the planter and cross that may
encroach upon the parcel being conveyed. Reconstruction shall be with the
approval of the Grantor's Property Manager, which shall not be unreasonably
withheld. The planter shall be returned to the same physical dimensions as
now exist, using equal or better materials, with all work to be preformed in
a workmanlike manner and in compliance with all applicable codes.
..,1
,
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IN ACCORDANCE WITH ESTABLISHED POLICY OF THE CITY OF CLEARWATER, FLORIDA, YOU
ARE REQUIRED TO VACATE AND SURRENDER POSSESSION OF THIS PROPERTY WITHIN 60
DAYS FROM THE DATE OF CLOSING, SAID DATE BEING: :rAtJ~ifr ~ ( , 1996. ANY
EXTENSION BEYOND THIS DATE FOR OCCUPANCY OF THIS PROPER Y, EITHER BY YOU OR
TENANTS, MUST BE AUTHORIZED BY THE CITY MANAGER.
I/WE, THE UNDERSIGNED, CERTIFY THAT THE FOREGOING REPRESENTS A TRUE AND
ACCURATE CLOSING OF THE ABOVE NOTED TRANSACTION BETWEEN MYSELF/OURSELVES AND
THE CITY OF CLEARWATER, FLORIDA, AND THAT AS OF THE DATE FIRST AFORESAID,
THERE ARE NO ENCUMBRANCES AGAINST THE PROPERTY HEREIN DESCRIBED, EITHER
RECORDED OR UNRECORDED, EXCEPT THOSE AFOREMENTIONED (IF ANY).
OR)
ant
By:
R (GRANTEE)
\
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AFFIDAVIT
STATE OF FLORIDA
COUNTY OF PINELLAS
PROJECT
PARCEL NO.:
HIGHLAND AVENUE
22
BEFORE ME, the undersigned authority, personally appeared John
Hildebrant, as President of Grace Lutheran Church of Clearwater, Inc., whom
being first duly sworn, does depose and say:
1. That Grace Lutheran Church of Clearwater, Inc. is owner of legal
and equitable title to the following described property in pinellas County,
Florida, to wit:
That portion of the East 430 feet of the South 330
feet of the Northwest ~ of section 2, Township 29
South, Range 15 East, Pinellas County, Florida, being
more particularly described in EXHIBIT "A" and depicted
in EXHIBIT "B" attached hereto.
2. That affiant has possession of the property, and there is no other
person in possession who has any right in and to the aforesaid property.
3. No "Notice of Commencement" has been recorded or posted affecting
the aforesaid property, and there are no unrecorded labor, mechanics or
materialmen's liens against the property, and no material has been furnished
to or labor performed upon the aforesaid property which has not been paid.
4. There are no unpaid bills, liens or assessments, for sanitary
sewers, paving or other public utili ties, or improvements made by any
governmental instrumentality, and that no notice has been received for any
public hearing regarding future or pending assessments for improvements by
any governmental instrumentality, which are now unpaid, against the aforesaid
property.
5. There are no unrecorded easements or rights of way for users or
adverse interest with respect to the aforesaid property.
6. Affiant is the owner of ,and there are no claims whatsoever of any
kind or description against the furniture, fixtures, equipment and personal
property (if any) located in the improvements (if any) on the aforesaid
property.
7. There are no existing contracts for sale or mortgage commitments,
other than those being closed in this transaction, affecting the aforesaid
property.
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8. There are no judgements, liens, mortgages or other claims recorded,
or unrecorded, or liens or encumbrances of any nature affecting title to the
aforesaid property.
THIS AFFIDAVIT is made by the undersigned for the purpose of satisfying
CITY OF CLEARWATER requirements that said owner is conveying unencumbered
title to the CITY OF CLEARWATER, as purchaser, at the closing of this
transaction, and payment by the CITY OF CLEARWATER of the agreed purchase
price to the undersigned affiant.
("Affiant" is used herein for singular or plural, the singular shall include
the plural, and any gender shall include all genders as the context shall
require. )
Signed, sealed and delivered
in the presence of:
a ~~4!2/t/
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Print name Pi [JA-L.eRG"Ptc?,e,
~ ,,'
Print name ~W. ~'
(SEAL)
ident
SWORN TO AND SUBSCRIBED before me this /~ of
Jfl~
, 1995.
My commission expires:
~..
otary Public - State of Florida
:\t- 1./<9 0 FICIAL NOTARY SEAL
o <:.- EARL W BARRETT
~ ~rr ~ COMMISSION NUMBER
'1 ') , 'P -c CC203656
.,....,(' ,11 ~ MY COMMISSION EXP.
OFf\.O MA Y 26 1996
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EXHIBIT A
That portion of the East 430 feet of the South 330 feet of the
Northwest 1 /4 of the Southwest 1 /4 of Section 2, Township 29 South,
Range 15 East, Pinellas County, Florida being further described as
foil ows:
Commence at the Northeast corner of the Northwest 1/4 of the
Southwest 1/4 of said Section 2; thence S.OO" 07' 42" E., 1,298.55
feet along the East line at' the Northwest 1/4 of the Southwest 1/4
of said Section 2; thence leaving said line, N.89" 26' 37" W., 30.04
feet to the point of intersection of the West right-of-way line of
Highland Avenue (right-of-way width varies) and the North right-of-
way line of Otten Street (60' right-ot-way) being the POINT OF
BEGINNING; thence N.89" 26' 15" W., 10.00 teet along said North right-
of-way line; thence leaving said line, N.45" 13' 02" E., 14.06 teet to
the West right-of-way line of said Highland Avenue; thence along
said line, S.OO' 07' 42" E., 10.00 feet to the POINT OF BEGINNING.
Containing 50 square feet, more or less.
NOTES
1. Bearings shown hereon are based on the East line of the Northwest 1/4 of the
Southwest 1/4 of' Section 2, Township 29 South, Range 15 East, Pinellas County,
Florida said line bears: S. 00' 07' 42" E.
2. Legal description was prepared by Cumbey &: Fair, Inc.
3. This sketch and description was prepared without the benefit of an abstract of title.
I HEREBY CERTIFY THAT THIS SKETCH AND DESCIPTlON MEETS THE MINIMUM TECHNICAL
STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL
SURVEYORS AND MAPPERS IN CHAPTER 61 G17-6, FLORIDA ADMINISTRATIVE CODE,
PURSUANT TO SECTION 472.027, FLORIDA STATUTES.
THIS SKETCH AND DESCRIPTION N0T V~UD UNLESS IMPRINTED WITH AN EMBOSSED,
SURVEYORS SEAL.
5~/f-95
DATE
SHEET 2 OF 2
SEE SHEET 1 OF 2 FOR SKETCH
SKETCH ONLY - NOT A SURVEY
CUMBEY & FAIR. INC. B!I
CONSULTING ENGINEERS AND LAND SURVEYORS
PARCEL 22
PROPOSED
RIGHT-OF-WAY
2463 ENTERPRISE ROAD, CLEARWATER, flORIDA 34623
797-8982(CLW) 223-4333(TPA)
SCALE I" -20'OATE 5/8/95
OR/CHK OHR/KCL JOB NO. 810A
SECTION 2 , TOWNSHIP 29 SOUTH, RANGE 15 EAST
PINELLAS COUNTY, FLORIDA
.
,
... ..::
I -
EXHIBIT B
NE COR. OF NW 1/4
OF SW 1 /4 OF SEC 2
.'!
S 89' 26' 15" E
400.03' (C)
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390.03' (C)
NORTH R/W LINE
LEGEND
R/W = RIGHT-OF-WAY
POB -= POINT OF BEGINNING
(P) -= PLAT
(F) -= FlELD
(C) -= CALCULATED
N
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(60' R/W) , : :
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,,; SHEET 1 OF 2
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SKETCH ONLY. NOT A SURVEY
SEE SHEET 2 OF 2 FOR LEGAL DESCRIPTlON
CUMBEY & FAIR, INC. ~
CONSUL TlNG ENGINEERS AND LAND SURVEYORS
2463 ENTERPRISE ROAD, CLEARWA TER, FLORIDA 34623
797-8982(CLW) 223-4333(TPA)
SCALE 1" -20'
DA TE 5/6/95
DR/CHK DHR/KCL JOB NO. 610A
PARCEL 22
PROPOSED
RIGHT-OF-WAY
SECTION 2 , TOWNSHIP 29 SOUTH, RANGE 15 EAST
PINELLAS COUNTY, FLORIDA