W H WOLFE JR AND JODY R WOLFE (2)
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Prepared by and return to:
Gelsa Zinzi
Legal Assistant
Roland D. Waller, Esq
5332 Main St.
New Port Richey, FL 34652
PAGES _3_
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FECOPDING 003 Pr~GFR $15 00
DOG SHiMP- DR21'j J $2; liSO, 00
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File No.: 20775.01
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[Space Above This Line For Recording Data]
TOTriL:
{JECK AMT u TEf.WERED:
j CHANGE:
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Warranty Deed
02-146348 APR-18-2002 1 '37
PINELLAS CO 8K 11853 PG ~O'~
111111/ 1111111111111111111111111111111111111111111
This Warranty Deed made this 11th day of April, 2002 between
W. H. Wolfe, Jr., as to an undivided 1/2 interest and Jody R. Wolfe as to an undivided 1/2 interest
whose post office address is
535 Rogers Street, Clearwater, FL 33756
grantor, and
City of Clearwater, a municipal Florida corporation
whose post office address is
P,O. Box 4748, Clearwater, FL 33758
grantee:
(Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and
assigns of individuals, and the successors and assigns of corporations, trusts and trustees)
WITNESSETH, that said grantor, for and in consideration of the sum of Three Hundred Fifty Thousand and 00/100
Dollars and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt
whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and
assigns forever, the following described land, situate, lying and being in Pinellas County Florida to-wit:
See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein.
Parcel Identification Number: 03-29-15-85428-000-0030
Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homestead
within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of
homestead property.
Subject to taxes for 2002 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of
record, if any.
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,
AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;
that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully
warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and
that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2001.
IN WITNESS WHEREOF, grantor has hereunto set grantor's hand and seal the day and year first above written,
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,-
PINELLAS COUNTY FLA,
OFF,REC,8K 11953 PG 2090
Signed, sealed and delivered in our presence:
,\)J~ P!L IJJuJi (Se-$;
w. H, Wolfe, Jr,
Itness Name:
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VIIi,' ess Name: -s~ ~CL-.> > a....-)
~~fe It. ~~
(Seal)
State of Florida
County of Pinellas ~
The foregoing instrument was acknowledged before me this I I day of April, 2002 by W. H. Wolfe, Jr. and Jody R.
Wolfe, who U are personally known or [Xl have produced a dri r's icense as identific tion.
[Notary Seal]
Printed Name:
6) ROLAND D. WAlLER
* MY COMMISSION' CC 869865
EXPIRES: November 16. 2003
.. Bondec Thru IIoIIry ..- ~
My Commission Expires:
. ....'
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Exhibit A
Or~~~~~L~; COUNTY rLA.
---________ . 1 1853 F'G 208 1
Lots 3 through 15, inclusive, Stevenson's Creek Subdivision, according to the map or plat
thereof as recorded in Plat Book 21, Page(s) 83, Less and except the following described
parcel conveyed to City of Clearwater, Florida:
From th~ South quarter qorner of Section 3, Township 29 South,
Range 15 EaBt, also being the Southwest corner of Stevenson', B
Creek Subdivision as recorded in plat Book 11. Page 83, public
. ' 0
reeords of Pinellas County, Flori c'la: run N. 0 53 I 53" West along
the Quarter Section line, also bi:lin':1 the West line of Baid
Subdivision, a distance of 32~.87 feet to the P.q.B.: thence
North easterly along a eurvetothe le.ft, saidc'tirve-ha"ring-a
, ' , 0 '
radius of 5~3.00 feet, chord bearing No.9 14'08" East, chord
length of 187~56 feet: for an arc distance of'18~.39 feet: .
thence N.0053'53" West, a distance of 53.13 feet to the Northerly
line of Lot 3 of aforesaid subdivisio~; thence 5.57006 ',56" West
along 'the Norther,ly line of Lot 3 a distance o~ 3~,. 91' feet to th~
Northwesterly eorner of said Lot 3: thence 5.0 53'S3" East along
t'l:te West line of aforesaid Subdivision 217.15 feet to theP.O.B.
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Page 1 of 1
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SELLER'S CLOSING AFFIDAVIT
BEFORE ME, the undersigned authority, personally appeared
W. H. Wolfe, Jr., as to an undivided 1/2 interest and Jody R. Wolfe as to an undivided 1/2 interest
who being by me first duly sworn, on oath, depose(s) and say(s):
1. That the undersigned is the owner ("Seller") of the following described property:
See Exhibit "A" attached hereto and made a part hereof as iffully set forth herein.
2. That the above described property is free and clear of all liens, taxes, encumbrances and claims of every kind,
nature and description of record whatsoever, except for mortgage or mortgages, if any, described in the Deed
given between the parties named herein, and except for real estate and personal property taxes for the year 2001 ,
which are not yet due and payable.
3. That there have been no improvements, alterations, or repairs since acquisition by the Seller to the above
described property for which the costs thereof remain unpaid, that there are no claims for labor or material
furnished for repairing or improving the same, which remain unpaid since the acquisition by Seller, and that there
are no mechanic's, materialmen's, or laborer's liens since acquisition by Seller against the above described
property.
4. There have been no documents recorded in the Public Records of Pinellas County subsequent to March 1,
2002, which affect title to the Property and Affiant has not entered into any contracts for the sale, disposition or
leasing of the Property since said date except as may have been disclosed to Roland D. Waller, Esq in writing,
and Affiant has no knowledge of any matter affecting title to the Property.'
5. That the personal property contained in the building on said property, or on the said premises, and which, if
any, is being sold to the buyers mentioned below, is also free and clear of all liens,'encumbrances, claims and
demands whatsoever.
6. That the affiant knows of no violations of Municipal or County Ordinances pertaining to the above described
property.
7. Affiant agrees that in the event the current real estate or personal property taxes vary in amount from the
figures used in making the prorations used in closing the transfer and conveyance of the above described property
to said buyers, then a new proration and a correct and proper adjustment will be made upon demand.
8. That no judgment or decree has been entered in any court in this State or the United States against said Seller
which remains unsatisfied.
9. That there are no persons other than Seller in possession of the above described property.
10. That affiant understands that Section 1445 of the Internal Revenue Code provides that a buyer of a United
States real property interest must withhold tax if the Seller is a foreign person. To inform the buyers that
withholding of tax is not required upon purchase of the above described property affiant certifies the following:
a. Seller is not a nonresident alien individual, foreign corporation, foreign partnership, foreign trust or foreign
estate for purposes of United States fe~'.acome taxation. <.JO()'-
b. Seller's Tax Identification Number is 265-58~~"<'. ::2 V (0 - Cd 8- 4-8 57
c, Seller's address is:
535 Rogers Street, Clearwater, FL 33756
11. Affiant understands that this certification may be disclosed by buyers to the Internal Revenue Service and that
any false statement made by affiant could be punished by fine, imprisonment, or both. Under penalties of perjury
affiant declares that to the best of his knowledge and belief the certification contained herein is true, correct and
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complete, and that affiant has authority to sign this affidavit as either individual Seller or on behalf of an entity
Seller.
12. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above
referenced property and, for the purpose of inducing Roland D. Waller, Esq and Attorneys' Title Insurance
Fund, Inc. to issue title insurance on the subject property, with the knowledge that said title companies are relying
upon the statements set forth herein,
13, Affiant hereby holds Roland D. Waller, Esq and Attorneys' Title Insurance Fund, Inc. harmless and fully
indemnifies same (including but not limited to attorneys' fees, whether suit be brought or not, and at trial and all
appellate levels, and court costs and other litigation expenses) with respect to the matters set forth herein.
"Affiant", "Seller" and "Buyer" include singular or plural as context so requires or admits, This affidavit is made
under the penalties of perjury.
14. Affiant further states that he/she is familiar with the nature of an oath and with the penalties as provided by the
laws of the United States and the State of Florida for falsely swearing to statements made in an instrument of this
nature. Affiant further certifies that he/she has read, or heard read, the full facts of this Affidavit and understands
its context.
Further affiant sayeth not.
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W. H. Wolfe, Jr.
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J Y Rolfe '
State of Florida
County of Pinellas
[Notary Seal]
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, t day of April, 2002 by W. H. Wolfe, Jr. and
v r' license as identification.
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The foregoing instrument was sworn to and subscribed before me this
Jody R. Wolfe, who U are personally known or [X] have produced7
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Printed Name:
My Commission Expires:
Exhibit A
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Lots 3 through 15, inclusive, Stevenson's Creek Subdivision, according to the map or plat
thereof as recorded in Plat Book 21, Page(s) 83, Less and except the'following described
parcel conveyed to (;ity of Clearwater, Florida: .
From th~ South ,quarter~orner of Section 3, Township 29 South,
Range 15 East, also being the Southwest. corner of Stevenson', s
Creek Subdivision as recorded in Plat Book 21. Page 83', public
. ' 0
records of Pinellas County, F10rin<:l: .run N.O 53'53" West along
the Quarter Section line, also b~i})9' the West line of said
subdivision, a distance of 32~.87 feet to the P.q.B.; thence
North easterly along a curve to the le~t, said, curve having a
, 0'
radius of 533~OO feet, chord bearing No.9 14'08" East, chord
, .
length of 187~SG feet: for an arc distance of'18~~39 feet:
thence N.0053'53" West, a distance of 53.13 feet to the Northerly
line of Lot 3 of aforesaid Subdivisio~; thence 5.57006'56" West
alo~g 'the Norther,ly line of Lot 3 a distance 0& 3~,. 91 . feet to th~
Northwesterly eorner of said Lot 3: thence 5.9 53'53" East along
t~e West line of aforesaid subdivision 217.15 feet to the P.O.B.
Page 1 of 1
,
Prepared by and return to:
Gelsa Zinzi
Legal Assistant
Roland D. Waller, Esq
5332 Main St.
New Port Richey, FL 34652
File Number: 20775.01
Will Call No.:
[Space Above This Line For Recording Data]
Title Affidavit
(Seller)
Before me, the undersigned authority, duly authorized to take acknowledgments and administer oaths, personally appeared
W. H. Wolfe, Jr., as to an undivided 1/2 interest and Jody R. Wolfe as to an undivided 1/2 interest ("Affiant"), who, after
being by me first duly sworn, depose(s) and say(s) that:
1. W. H. Wolfe, Jr., as to an undivided 112 interest and Jody R. Wolfe as to an undivided 112 interest ("Seller"), is the
owner of and is selling the following described property to City of Clearwater, a municipal Florida corporation
("Buyer"), to wit:
See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein.
Parcel Identification Number: 03-29-15-85428-000-0030 ~'t~~t;.
2. It has been brought to Affiants attention that certain instruments recorded in the public ecords against one or more
persons with similar name(s) to that of Affiants may cause an objection to the title ofth above property. Said matters
for affiant Jody R. Wolfe are recorded in OR Book 10660, page 2383 and OR Book I~ page 2467. Said matters for
affiant W.H. Wolfe, Jr. are recorded in OR Book 9515, page 2035; OR Book 10737,I6'l~~~367; OR Book 10740, page
412 and OR Book 10740, page 413 Affiant is not the same person or persons described in the aforementioned recorded
instrument(s). The aforementioned matters do not in any way affect or relate to your Affiant. There are no judgments or
liens whatsoever outstanding against Affiants.
3. All recording references set forth herein are to the Public Records of Pine lias County, Florida, unless otherwise noted.
"Affiant", "Seller" and "Buyer" include singular or plural as context so requires or admits. This affidavit is given for the
purpose of clearing any possible question or objection to the title to the above referenced property and, for the purpose
of inducing Roland D. Waller, Esq and Attorneys' Title Insurance Fund, Inc. to issue title insurance on the subject
property, with the knowledge that said title companies are relying upon the statements set forth herein. Seller hereby
holds Roland D. Waller, Esq and Attorneys' Title Insurance Fund, Inc. harmless and fully indemnifies same
(including but not limited to attorney's fees, whether suit be brought or not, and at trial and all appellate levels, and court
costs and other litigation expenses) with respect to the matters set forth herein.
Under penalties of p~rjnry, I d:C:::iI have ~ead the fo,ego;ng AffidavH and that the facts stated ;n ;t are true.
I J ;/1 , I) / Ii < ~ ~
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w. H. Wolfe, Jr. Jo y ~olfe -
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State of Florida
County of Pinellas
The foregoing instrument was sworn to and subscribed before me this
Jody R. Wolfe, who U are personally known or [X] have produced f,
~
I day of April, 2002 by W. H. Wolfe, Jr. and
er's license as identification.
[Notary Seal]
Printed Name:
My Commission Expires:
Title Affidavit (Seller) - Page 2
File Number: 20775.01
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Exhibit A
Lots 3 through 15, inclusive, Stevenson's Creek Subdivision, according to the map or plat
thereof as recorded in Plat Book 21, Page(s) 83, Less and except the following described
parcel conveyed to City of Clearwater, Florida:
From th~ South quarter corner of Section 3, Township 29 South,
Range 15 East, also being the Southwest corner of Stevenson'. B
Creek Subdivision as recorded in plat Book 21. Page 83, public
- 0
records of Pinellae County, Flor j elLI: run N. 0 53153" West along
the Quarter Section line, also being the West line of said
Subdivision, a distance of 32~.87 feet to the P.~.B.; thence
North easterly along a curve to the le,ft, said curve having a
- 0,
radius of 533.00 feet, chord bearing No.9 14'08" East, chord
length of 187~56 feet; for an arc distance of18~.39 feet:
thence N.0053'53" West, a distance of 53.13 feet to the Northerly
line of Lot 3 of aforesaid Subdivisio~; thence 5.57006'56" West
along 'the Norther,1y line of Lot 3 a distance 05 3~,. 91 'feet to thlO!
Northwesterly eorner of said Lot 3: thence S.O 53'53" East along
tJ:le West line of aforesaid Subdivision 217.15 feet to the P.O.B.
Page 1 of 1
TAX PRORATION AGREEMENT
This is an agreement between W. H. Wolfe, Jr., as to an undivided 1/2 interest and Jody R. Wolfe as to an
undivided 1/2 interest
hereinafter called Seller and City of Clearwater, a municipal Florida corporation
hereinafter called Buyer:
Legal Description:
See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein.
1, The closing statement between the parties reflects a tax proration,
2. The tax proration is based upon the estimated tax bill for the year 2001 in the amount of $1,136.91, or a
good faith estimate by Roland D. Waller, Attorney, as to the amount of the taxes.
3. The Seller agrees to mail to Buyer the tax bill if he receives the tax bill for the property sold.
4. The Buyer and Seller agree to re-prorate the taxes upon the actual tax bill with a 4% discount as of the
date of the closing statement.
5. Seller agrees to pay Buyer for any additional moneys due, based upon a proration of the actual tax bill,
with a 4% discount.
6. Buyer agrees to pay Seller an amount equal to the difference between the tax proration credit shown on
the closing statement and the proration based upon the actual tax bill if the actual taxes were less than the prior
year or estimated amount.
7. In the event either Buyer or Seller fails to pay the amount due called for under this Agreement, the
prevailing party shall be entitled to attorney's fees and court costs.
Dated: April 11 , 2002
City of Clearwater
:;u~
Earl Barrett
Real Estate Service Mgr.
(Corporate Seal)
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W. H, Wolfe, Jr. Jo R. o~e 11;, -
(Seal)
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A. Settlement Statement
B. Type of Loan
Buyer/Seller
Settlement Statement
1, FHA
4, VA
2, FmHA
o 5, Conv, Ins,
3, Conv, Unins,
6. File Number
20775,01
7. Loan Number
8. Mortg. Ins. Case Num.
ID:
C. NOTE:This form is furnished to give you a statement of actual settlement costs, Amounts paid to and by the settlement agent are shown, Items
marked "(p,o,c,)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals,
D. NAME OF BUYER:
Address of Buyer:
City of Clearwater, a municipal Florida corporation
P,O, Box 4748, Clearwater, Florida 33758
W. H, Wolfe, Jr., as to an undivided 1/2 interest and Jody R. Wolfe as to an undivided 1/2 interest
535 Rogers Street, Clearwater, Florida 33756 TIN: 265-58-4583
E. NAME OF SELLER:
Address of Seller:
F. NAME OF LENDER:
Address of Lender:
G. PROPERTY LOCATION:
H. SETTLEMENT AGENT:
Place of Settlement:
I. SETTLEMENT DATE:
Armston Road, Clearwater, Florida 33756
Roland D, Waller, Esq
5332 Main St., New Port Richey, Florida 34652
4/11/02
TIN: 59-2478214
Phone:
DISBURSEMENT DATE: 4/11/02
101, Contract sales price 350,000,00 401, Contract sales price 350,000,00
102, Personal property 402, Personal property
103, Settlement charges to buyer (Line 1400) 15,00 403,
104, 404,
105, 405,
IIRNJIlUilill!l .';:.... '.J"ill', , " :~
106, City/town taxes 406, City/town taxes
107, County taxes 407, County taxes
108, Assessments 408, Assessments
109, 409,
110, 410,
111. 411,
112, 412,
120. Gross amount due from buyer: 350,015,00 420. Gross amount due to seller: 350,000,00
0
201, Deposit or earnest money 501, Excess deposit (see instructions)
202, Principal amount of new loan(s) 502, Settlement charges to seller (line 1400) 6,047,87
203, Existing loan(s) taken subject to 503, Existing loan(s) taken subject to
204, Principal amount of second mortgage 504, Payoff of first mortgage loan 38,586,30
205, 505, Payoff of second mortgage loan
206, 506, Deposits held by seller
207, Principal amt of mortgage held by seller 507, Principal amt of mortgage held by seller
208, 508,
209, 509,
'C':D t* ,
210, City/town taxes 510, City/town taxes
211, County taxes 511, County taxes
212, Assessments 512, Assessments
213, 513.
214, 514,
215, 515,
216, 516,
217, 517,
218, 518,
219, 519,
220. Total paid by/for buyer: 0,00 520. Total reductions in amount due seller: 44,634,17
301, Gross amount due from buyer 350,015.00 601, Gross amount due to seller 350,000,00
(line 120) (line 420)
302, Less amount paid by/for the buyer 0,00 602, Less total reductions in amount due seller (44,634,17)
(line 220) (line 520)
303, Cash ( [~ From D To ) Buyer: 350,015,00 603, Cash ( [?] To D From ) Seller: 305,365,83
Substitute Form 1099 Seller Statement: The information contained in blocks E, G, H, and I and on line 401 is important tax information and is being
furnished to the IRS, If you are required to file a return, a negligence penalty or other sanction will be imposed on you if this item is required to be reported and
the IRS determines that it has not been reported,
Seller Instructions: If this real estate was your principal residence, file Form 2119, Sale or Exchange of Principal Residence, for any gain, with your tax
return; for other transactions, complete the applicable parts of Form 4797, Form 6262 and/or Schedule D (Form 1040),
Buyer's Initial(s):
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Seller's Initial(s):
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BuyerLSeller Settlement Statement
Page 2
Paid from Paid from
700, Total Sales/Brokers Com, based on price $350,000.00 @ %- Buyer's Seller's
Funds at Funds at
701, %to Settlement Settlement
702, %to
703, Commission paid at settlement
704, to
801, Loan origination fee % to
802, Loan discount % to
803, Appraisal fee to
804, Credit report to
805, Lender's inspection fee to
806, Mortgage insurance application fee to
807, Assumption Fee to
808, to
809, to
810, to
811, to
. .
901, Interest from to @ /day
902, Mortgage insurance premium for months to
903, Hazard insurance premium for years to
904, Flood insurance premium for years to
905, years to
,.:::..
1001, Hazard insurance months @ per month
1002, Mortgage insurance months @ per month
1003, City property taxes months @ per month
1004, County property taxes months @ per month
1005, Annual assessments months @ per month
1006, Flood insurance months @ per month
1007, months @ per month
1008, months @ per month
1009, Aggregate accounting adjustment
,.
1101, Settlement or closing fee to Roland D, Waller, Esq 25,00
1102, Abstract or title search to Roland D, Waller, Esq 180,00
1103, Title examination to Roland D, Waller, Esq 20,00
1104, Title insurance binder to
1105, Document preparation to
1106, Notary fees to
1107, Attorney's Fees to
(includes above item numbers: ) .
1108, Title Insurance to Roland D, Waller, Esq 1,825,00
(includes above item numbers: )
1109, Lender's coverage (Premium):
1110, Owner's coverage (Premium): $350,000,00 ($1,825,00)
1111, Endorse:
1112, to
1113, to
1201, Recording fees Deed $15,00 Mortgage(s) Releases $6,00 15,00 6,00
1202, City/county tax/stamps Deed Mortgage(s)
1203, State tax/stamps Deed $2,450,00 Mortgage(s) 2,450;00
1204, Title affidavit to Clerk of the Court 10,50
1205, to
1301, Survey to
1302, Pest Inspection to
1303,2001 Real Property Taxes to Diane Nelson, Tax Collector 1,219,82
1304, Escrow for 2002 real property taxes to Diane Nelson, Tax Collector 311,55
1305, to
1306, to
1307, to
1308, to
1309,
,
( Enter on lines 103, Section J and 502, Section K ) 15,00 6,047,87
I have carefully reviewed the Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of al,l receipts and disbursements ade on
my account or by me in this transaction, I further certify that I have received a copy of the Settlement Statement.
Buyer
LV
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Roland D,
By:
As Its Au orize epresentative Date
WARNING: It is a nme to knowingly make false statements to the United States on this or any other similar form, Penalties upon conviction can include a fine and imprisonment.
For details see: Title 18 U,S, Code Section 1001 and Section 1010, DoubleTime@
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(American Land Title Association Owner's Policy - 10-17-92) (With Florida Modifications)
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OWNER'S TITLE INSURANCE POLICY
Attorneys' Title Insurance Fund, Inc.
ORLANDO, FLORIDA
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM
COVERAGE CONTAINED IN SCHEDULE BAND THE CONDITIONS AND STIPU-
LATIONS, ATTORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation,
herein called The Fund, insures, as of Date of Policy shown in Schedule A, against loss
or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained
or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other
than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Fund will also pay the costs, attorneys' fees and expenses incurred in defense of
the title, as insured, but only to the extent provided in the Conditions and Stipula-
tions.
In Witness Whereof, ATTORNEYS' TITLE INSURANCE FUND, INC. has caused this
policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to
become valid when countersigned by an authorized signatory.
........MMM.......
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Attorneys' Title Insurance Fund, Inc.
By
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Charles J. Kovaleski
President
SERIAL
OPM-
2196691
FUND FORM OPM (rev. 3/98)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and The Fund will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (induding but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment ofthe land; (ii) the character, dimensions or location
of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land
or any parcel of which th~-land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereofor a notice of a defect,lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy,
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to The Fund, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to The Fund by the insured claimant prior to the date the insured claimant became an insured under this policy;
(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 ifthe insured claimant had paid value for the estate or interest insured
by this policy. _ ___ _ __
4, Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this poIlcy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential
transfer results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser forvalue or a judgment or lien creditor.
CONDnnONSANDSTWULATIONS
1. Def"mition of Tenns
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 Fund would have had against the named insured,
those who succeed to the interest of the named 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.
(c) "knowledge" or "known": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured by reason of
the public records as defined in this policy or any other records which
impart constructive notice of matters affecting the land.
(d) "land": the land described or referred to in Schedule A, and
improvements affixed thereto which by law constitute real property
The term "land" does not include any property beyond the lines of the
area described or referred to in Schedule A, or 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": records established under state statutes at
date of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without
knowledge. With respect to Section l(a) (iv) of the Exclusions from
Coverage, "public records" shall also include environmental protection
liens filed in the records of the clerk of the United States district court
for the district in which the land is located.
(g) "unmarketability of the title": an alleged or apparent matter
affecting the title to the land, not excluded or excepted from coverage,
which would entitle a purchaser of the estate or interest described in
Schedule A to be released from the obligation to purchase by virtue of
a contractual condition requiring the delivery of marketable title.
2. Continuation of Insurance After Conveyance of Tide
The coverage of this policy shall continue in force as of Date of Policy
in favor of an insured only so long as the insured retains an estate or
interest in the land, or holds an indebtedness secured by a purchase
money mortgage given by a purchaser from the insured, or only so fong
as the insured shall have liability by reason of covenants of warranty
, made by the insured in any transfer or conveyance of the estate or
interest. This policy shall not continue in force in favor of any purchaser
from the insured of either (i) all estate or interest in the land, or (ii) all
indebtedness secured by a purchase money mortgage given to the
insured.
3. Notice of Claim To Be Given by Insured Claimant
The insured shall notifY The Fund promptly in writing (i) in case of any
litigation as set forth in Section 4(a) below, (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
policy, or (iii) if title to the estate or interest, as insured, is rejected as
unmarketable. If prompt notice shall not be given to The Fund, then as
to the insured all liability of The Fund shall terminate with regard to the
matter or matters for which prompt notice is required; provided,
however, that failure to notifY The Fund shall in no case prejudice the
rights of any insured under this policy unless The Fund shall be
prejudiced by the failure and then only to the extent of the prejudice.
4. Defense and Prosecution of Actions; Duty of Insured Claimant
To Cooperate
(a) Upon written request by the insured and subject to the options
contained in Section 6 ofthese Conditions and Stipulations, The Fund,
at its own cost and without unreasonable delay, shall provide for the
defense of an insured in litigation in which any third party asserts a
claim adverse to the title or interest as insured, but only as to those stated
causes of action alleging a defect, lien or encumbrance or other matter
insured against by this policy. The Fund shall have the right to select
counsel of its choice (subject to the right of the insured to object for
reasonable cause) to represent the insured as to those stated causes of
action and shall not be liable for ,and will not pay the fees of any other
counsel. The Fund will not pay any fees, costs or expenses incurred by
the insured in the defense of those causes of action which allege matters
not insured against by this policy.
(b) The Fund shall have the right, at its own cost, to institute and
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, or to prevent or reduce loss or damage to the
insured. The Fund may take any appropriate action under the terms of
this policy, whether or not it shall be liable hereunder, and shall not
thereby concede liability or waive any provision of this policy. If The
Fund shall exercise its rights under this paragraph, it shall do so
diligently.
(c) Whenever The Fund shall have brought an action or in terposed
a defense as required or permitted by the provisions of this policy, T?e
'Fund may pursue any litigation to final determination by a court of
competent jurisdiction and expressly reserves the right, in its sole
discretion, to appeal from any adverse judgment or ordcr.
(d) In all cases where this policy permits or requires The Fund to
prosecute or provide for the defense of any action or proceeding, the
insured shall secure to The Fund the right to so prosecute or provide
defense in the action or proceeding, and all appeals therein, and
permit The Fund to use, at its option, the name of the insured for this
purpose. Whenever requested by The Fund, the insured, at The Fund's
expense, shall give The Fund all reasonable aid (i) in any action or
proceeding, securing evidence, Gbtaining witnesses, prosecuting or
defending the action or proceeding, or effecting settlement, and (ii)
in any other lawful act which in the opinion of The Fund may be
necessary or desirable to establish the title to the estate or interest as
insured. If The Fund is prejudiced by the failure of the insured to
furnish the required cooperation, The Fund's obligations to the
insured under the policy shall terminate, including any liability or
obligation to defend, prosecute, or continue any litigation, with regard
to the matter or matters requiring such cooperation.
5. Proof of Loss or Damage
In addition to and after the notices required under Section 3 of these
Conditions and Stipulations have been provided The Fund, a proof of
loss or damage signed and sworn to by the insured claimant shall be
furnished to The Fund within 90 days after the insured claimant shall
ascertain the facts giving rise to the loss or damage. The proof of loss
or damage shall describe the defect in, or lien or encum brance on the
title, or other matter insured against by this policy which constitutes the
basis ofloss or damage and shall state, to the extent possible, the basis
of calculating the amount of the loss or damage. If The Fund is
prejudiced \by the failure of the insured claimant to provide the
required proof of loss or damage, The Fund's obligations to the
insured under the policy shall terminate, including any liability or
obligation to defend, prosecute, or continue any litigation, with regard
to the matter or matters requiring such proof ofloss or damage.
In addition, the insured claimant may reasonably be required to submit
to examination under oath by any authorized representative of The
Fund and shall produce for examination, inspection and copying, at
such reasonable times and places as may be designated by any autho-
rized representative of The Fund, all records, books, ledgers, checks,
correspondence and memoranda, whether bearing a date before or
after Date of policy, which reasonably pertain to the loss or damage.
Further, if requested by any authorized representative of The Fund, the
insured claimant shall grant its permission, in writing, for any autho-
rized representative of The Fund to examine, inspect and copy all
records, books, ledgers, checks, correspondence and memoranda in
the custody or control of a third party, which reasonably pertain to the
loss or damage. All information designated as confidential by the
insured claimant provided to The Fund pursuant to this Section shall
not be disclosed to others unless, in the reasonable judgment of The
Fund, it is necessary in the administration of the claim. Failure of the
insured claimant to submit for examination under oath, produce other
reasonably requested information or grant permission to secure rea-
sonably necessary information from third parties as required in this
paragraph shall terminate any liability of The Fund under this policy as
to that claim.
6. Options To Payor Otherwise Settle Claims; Termination of
Liability
In case of a claim under this policy, The Fund shall have the
following additional options:
(a) To Payor Tender Payment of the Amount of Insurance.
To payor tender payment of the amount of insurance under this policy
together with any costs, attorneys' fees and expenses incurred by the
insured claimant, which were authorized by The Fund, up to the time
of payment or tender of payment and which The Fund is obligated to
pay.
Upon the exercise by The Fund of this option, all liability and obliga-
tions to the insured under this policy, other than to make the payment
required, shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation, and the policy shall be
surrendered to The Fund for cancellation.
(b) To Payor Otherwise Settle With Parties Other than the Insured
or With the Insured Claimant.
(i) to payor otherwise settle with other parties for or in the
name of an insured claimant any claim insured against under this
policy, together with any costs, attorneys' fees and expenses incurred
,-
by the insured claimant which were authorized by The Fund up to the
time of payment and which The Fund is obligated to pay; or
(ii) to payor otherwise settle with the insured claimant the loss
or damage provided for under this policy, together with any costs,
attorneys' fees and expenses incurred by the insured claimant which
were authorized by The Fund up to the time of payment and which The
Fund is obligated to pay.
Upon the exercise by The Fund of either of the options provided for in
paragraphs (b) (i) or (ii), The Fund's obligations to the insured under
this policy for the claimed loss or damage, other than the payments
required to be made, shall terminate, including any liability or obliga-
tion to defend, prosecute or continue any litigation.
7. Determination, Extent of Liability and Coinsurance
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the insured claimant who has suffered
loss or damage by reason of matters insured against by this policy and
only to the extent herein described.
(a) The liability of The Fund under this policy shall not exceed the
least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or
interest as insured and the value of the insured estate or interest subject
to the defect, lien or encumbrance insured against by this policy.
(b) (This paragraPh dealing with Coinsurance was removed fromRorida
policies. )
(c) The Fund will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipu-
lations
8. 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 the parcels but not all, the loss shall be computed and settled
on a pro rata basis as 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 parcel by The Fund and the insured at the time of the issuance
of this policy and shown by an express statement or by an endorsement
attached to this policy.
9. Limitation of Liability
(a) If The Fund establishes the title, or removes the alleged defect,
lien or encumbrance, or cures the lackofa right of access to or from the
land, or cures the claim of un marketability of title, all as insured, in a
reasonably diligent manner by any method, including litigation and
the completion of any appeals therefrom, it shall have fully performed
its obligations with respect to that matter and shall not be liable for any
loss or damage caused thereby.
(b) In the event of any litigation, including litigation by The Fund
or with The Fund's consent, The Fund shall have no liability for loss or
damage until there has been a final determination by a court of
competent jurisdiction, and disposition of all appeals therefrom, ad-
verse to the title as insured.
(c) The Fund shall not be liable for loss or damage to any insured
for liability voluntarily assumed by the insured in settling any claim or
suit without the prior written consent of The Fund.
10. Reduction of Insurance; Reduction or Termination 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.
11. Liability Noncumulative
It is expressly understood that the amount of insurance under this
policy shall be reduced by any amount The Fund may pay under any
policy insuring a mortgage to which exception is taken in Schedule B
or to which the insured has agreed, assumed, or taken subject, or which
is hereafter executed by an insured and 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 to the
insured owner.
12. Payment of Loss
(a) No payment shall be made without producing this policy for
endorsement of the payment unless the policy has been lost or de-
stroyed, in which case proof ofloss or destruction shall be furnished to
the satisfaction of The Fund.
(b) When liability and the extent of loss or damage has been
definitely fixed in accordance with these Conditions and Stipulations,
the loss or damage shall be payable within 30 days thereafter.
13. Subrogation Upon Payment or Settlement
(a) The Fund's Right of Subrogation.
Whenever The Fund shall have settled and paid a claim under this
policy, 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 the insured claimant would have had against any
person or property in respect to the claim had this policy not been
issued. If requested by The Fund, the insured claimant shall transfer to
The Fund all rights and remedies against any person or property
necessary in order to perfect this right of subrogation. The insured
claimant shall permit The Fund to sue, compromise or settle in the
name of the insured claimant and to use the name of the insured
claimant in any transaction or litigation involving these rights or
remedies.
If a payment on account of a claim does not fully cover the loss of the
insured claimant, The Fund shall be subrogated to these rights and
remedies in the proportion which The Fund's payment bears to the
whole amount of the loss.
If loss should result from any act of the insured claimant, as stated
above, that act shall not void this policy, but The Fund, in that event,
shall be required to pay only that part of any losses insured against by
this policy which shall exceed the amount, if any, lost to The Fund by
reason ofthe impairment by the insured claimant of The Fund's right
of subrogation.
(b) The Fund's Rights Against Non-insured Obligors.
The Fund's right of subrogation against non-insured obligors shall
exist and shall include, without limitation, the rights of the insured to
indemnities, guaranties, other policies of insurance or bonds, notwith-
standing any terms or conditions contained in those instruments which
provide for subrogation rights by reason of this policy.
14 Arbitration
Unless prohibited fly applicable law, arbitration pursuant to the Title Insur-
ance Arbitration Rules of the American Arbitration Association may be
demanded if agreed w fly both The Fund and the 'insured. Arbitrable matters
may include, but are rwt limited w, aT':)' controversy or claim between The Fund
and the insured arising out of or relating w this policy, and seroice of The Fund
in connection with its issuance or the breach of a policy provision or other
obligation. Arbitration pursuant to this policy and under the Rules in effed on
. the date the demand for arbitration is made or, at the option of the insured,
the Rules in effed at Date of Policy shall be binding upon the parties. The
award may include attorneys 'fees only if the laws of the state in which the land
is wcated pennit a court to award attorneys' fees to a prevailing party.
Judgment upon the award rendered fly the Arbitrator( s) may be entered in any
court hauingjurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from The Fund upon request.
15. Liability Limited to this Policy; Policy Entire Contract
(a) This policy together with all endorsements, if any, attached
hereto by The Fund is the entire policy and contract between the
insured and The Fund. In interpreting any provision ofthis policy, this
policy shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negli-
gence, and which arises out of the status of the title to the estate or
interest covered hereby or by any action asserting such claim, shall be
restricted to this policy.
(c) No amendment of or endorsement to this policy can be made
except by a writing endorsed hereon or attached hereto signed by
either the President, a Vice President, or Agent of The Fund.
16. Severability
In the event any provision of the policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that
provision and all other provisions shall remain in full force and effect.
17. Notices, Where Sent
All notices required to be given The Fund and any statement in writing
required to be furnished The Fund shall include the number of this
policy and shall be addressed to The Fund at its principal office at Post
Office Box 628600, Orlando, Borida 32862-8600.
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FUND OWNER'S POLICY
Schedule A
PolicylV~: OPM-2196691
Effective Date: April 18, 2002 at 1 :37 PM
Fund File lVumber 04-2002-993
Agent's File Reference: 20775.01
Amount of Insurance: $350,000.00
1. lVame of Insured:
City of Clearwater, a Municipal Florida corporation
2. The estate or interest in the land described herein and which is covered by this policy is a fee
simple and is at the effective date hereof vested in the named insured as shown by instrument
recorded in Official Records Book 11953, Page 2089, of the Public Records of Pine lIas County,
Florida.
3. The land referred to in this policy is described as follows:
Legal description set forth on "Exhibit" A" attached.
AGElVT lVO.: 5812
ISSUED BY: Roland D. Waller
MAILIlVG ADDRESS:
AGElVT'S SIGlVATURE
5332 Main Street
New Port Richey, Florida 34652
Rev.O.O
Page 1 of2
FUND OWNER'S POLICY
Schedule B
Policy No.: OPM- 2196691
Fund File Number 04-2002-993
This policy does not insure against loss or damage by reason of the following exceptions:
1. Taxes for the year of the effective date of this policy and taxes or special assessments which are not
shown as existing liens by the public records.
2. Rights or claims of parties in possession not shown by the public records.
3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by
an accurate survey and inspection of the premises.
4. Easements or claims of easements not shown by the public records.
5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
6. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the
lands insured hereunder, including submerged, filled and artificially exposed lands, and lands
accreted to such lands.
7. Federal liens, if any, filed with the Office of the Secretary of State, pursuant to Sec. 713.901, et seq.,
F.S., which became effective January 1, 1993, and which designated that Office as the place for filing
federal liens against tangible and intangible personal property of partnerships, corporations, trusts and
decedents' estates. For insuring purposes, personal property includes, but is not limited to,
mortgages, leaseholds, mortgages on leaseholds, interests in cooperative associations, vendees'
interests, and options.
8. Restrictions, conditions, reservations, easements, and other matters contained on the Plat of
Stevenson's Creek Subdivision, as recorded in Plat Book 21, Page(s) 83, Public Records of Pin ell as
County, Florida.
9. Reservations in favor of the State of Florida, as set forth in the deed from the Trustees of the Internal
Improvement Fund of the State of Florida recorded October 21, 1943, under Deed Book 949, Page
607, Public Records of Pinellas County, Florida; however, the right of entry and exploration
associated with the oil and mineral reservation has been released pursuant to Chapter 86-205, Laws of
Florida.
10. Subject to an unrecorded easement as disclosed by that certain unrecorded Special Warranty Deed
dated April 8, 1966 to City of Clearwater, Florida.
Page 2 of2
Exhibit A
Lots 3 through 15, inclusive, Stevenson's Creek Subdivision, according to the map or plat
thereof as recorded in Plat Book 21, Page(s) 83, Less and except the following described
parcel conveyed to City of Clearwater, Florida:
From the South quarter corner of Section 3, Township 29 South,
Range 15 East, also being the Southwest corner of stevenson'. a
Creek Subdivision as recordad in plat Book 21, Page 83, public
. 0
records of Pinel1as County, F10rjrla: run N.O 53153" West along
the Quarter Section line, also bcin':J the West line of said
Subdivision, a distance of 32~.87 feet to the P.O.B.; thence
North e,asterly along a curve to the left'osaid eurve having a
radius of 5~3.00 feet, chord bearing No.9 14'08" East, chord
length of 187.56 feet; for an arc distance of l8~.39 feet:
thence N.OoS3'53" West, a distance of 53.13 feet to the Northerly
line of Lot 3 of aforesaid subdivi8io~; thence 5.57006'56" West
, '
along 'the Northerly line of Lot 3 a distance of 38.91 feet to th~
, 0 "
Northwesterly earner of said Lot 3; thence 5.0 53'53" East along
t~e West line of aforesaid Subdivision 217.15 feet to the P.D.B.
Page 1 of1