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SUNSET POINT BAPTIST CHURCH . jPrepared By and RETURN TO: J ~fl'iif~:.. C, Friedman PIONEER TITLE, INC, , 29296 US HWY 19 N, SUITE 104 CLEARWATER, FL 33761 incidental to the issuance of a title insurance policy. File Number: 03-01023 Parcel ID #: 03-29-15-55548-000-0090 SPECIAL WARRANTY DEED I I e 03-100108 M PINELLRS CO RRS-13-2003 9 K 12598 PG 1111111 11111 1111111111 1111I 1111111111 111111111111/ : 5219M 1349 This SPECIAL WARRANTY DEED, dated March 11, 2003 by SUNSET POINT BAPTIST CHURCH OF CLEARWATER, FLORIDA, INC" a non-profit corporation whose post office address is: 16651'alln Beach Lakes Blvd., West Palm Beach, FL 33401 hereinafter called the GRANTOR, to CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida whose post office address is: 1',0. BOX 4748, CLEARWATER, FL 33755-4748 hereinafter called the GRANTEE: (Wherever used herein the terms "Grantor" and "Grantee" include all parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH: That the GRANTOR, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the GRANTEE, all that certain land situate in Pinellas County, Florida, viz: SEE ATTACHED EXIBIT nAil FULL LEGAL DESCRIPTION SUBJECT TO covenants, conditions, restrictions, reservations, limitations, easements and agreements of record, if any; taxes and assessments for the year 2003 and subsequent years; and to all applicable zoning ordinances and/or restrictions and prohibitIons imposed by governmental authorities, if any, TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND THE GRANTOR hereby covenants with said GRANTEE that except as above noted, the GRANTOR is lawfully seized of said land in fee simple; that the GRANTOR has good right and lawful authority to sell and convey said land; that the GRANTOR hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the said GRANTOR. IN WITNESS WHEREOF, GRANTOR has signed and sealed these presents the date set forth above. SIGNED IN THE PRESENCE OF THE FOLLOWING TWO WITNESSES: Witness # I';:;;:;:" AA J~ ,. ~~ SIGN: tJ.JL/ TV r I...i t-t)'((t ~ Print Name: jQ nrc .nA:f()(O(J W. ITNESS~ J I ~ SIGN: ~ Print Name: ..J.Lhn.- ~ -<..f 6..$ SUNSET POINT BAPTIST CHURCH OF CLEARW A TEn., FLORIDA, INC" a non-profit corporation EE, President, Board of ~- . PAGES __~ ACCT # COO AMT . CKAMT ~~CDR!19Mtj31n OS lNT FEES _--. MTf pIC REV tOTAL GORDON R. BEARDSLEE, President, Board of Directors and JEFF HATCH, Secretary, on behalf of SUNSET POINT BAPTIST CHURCH OF CLEARW A TEn., FLORIDA, INC., a non-profit corporation, who personally appeared before me, and who is personally known to me, or has produced a Driver's License or Passport as identification, and who did not take an oath. ~~ \ () .r;;: 17. . . (Notary Seal #\~ JENNIFERC.FRIEDMAN SIGNATURE: .---~~_'(){L~ ~: . :..\ MY COMMISSION # 00 137729 Print Name: J nnifer C. Fridm , Notary Public ?'4i EXPIRES: November 30, 2006 . ~~~ Bonded Thru NoCIry Public Underwrlltl'll .~. G J / ) 2 ~()() r \.c ( l~ State of FL County of PineHas THE FOREGOING INSTRUMENT was acknowledged before me on March 11, 2003 by alJ()~ ~ Pioneer File #: 03-01023 J ,~ I EXHIBIT A FULL LEGAL P f.jELLRS COUNTY FLR OFF.~EC.BK 12586 PG 1350 " 1 .. ~ PARCEL A: A portion of Lot 19, E.A. MARSHALL'S SUBDIVISION, as recorded in Plat Book 3, Page 44, Public Records of Pine lias County, Florida, and the South one-half of that part ofthe vacated right of way of State Street as recorded in O.R. Book 12063, Page 2454; all lying in the Southeast 1/4 of the Northeast 1/4 of Section 3, Township 29 South, Range 15 East, Pinellas County, Florida, being further described as follows: From the southwest corner of Lot 19, E.A. Marshall's Subdivision, as recorded in Plat Book 3, Page 44, Public Records of Pine lias County, Florida, thence NOooI5'13"W along the westerly boundary thereof, a distance of 50.00 feet to the north right of way line of Sunset Point Road as described in O.R. Book 2940, Page 51, Public Records of Pinellas County, Florida, for a POINT OF BEGINNING: thence continue NOooI5'13"W, along the westerly boundary of said Lot 19, a distance of 584.03 feet to the south right of way line of State Street as described in O.R. Book 2940, Page 51, Public Records of Pine lias County, Florida; thence S89013'59"E along said south right of way line a distance of239.09 feet to the southwest corner ofthat part of the vacated right of way of State Street as described in O.R. Book 12063, Page 2454, Public Records of Pine lias County, Florida; thence NOooI6'17"W along the west line thereof a distance of20.00 feet; thence S89014'14"E along the north boundary of the south 1/2 of said vacated right of way a distance of 90.00 feet to the east line of said vacated right of way; thence SOOo 16' 17"E along the east line thereof and the east line of the aforementioned Lot 19 a distance of 60.00 feet to the southerly boundary of that certain 50 foot drainage easement as recorded in O.R. Book 2940, Page 48, Public Records of Pinellas County, Florida; thence S53016'39"W along said southerly boundary a distance of70.86 feet, thence SOooI6'17"E along a line 57.00 feet from and parallel with the east line of said Lot 19, a distance of 139.50 feet; thence S II 040'13"W, 368.04 feet to the northerly right of way line of the aforesaid Sunset Point Road; thence N89012'55"W along said northerly right of way line a distance of 196.10 feet to the POINT OF BEGINNING. Containing 3.455 acres (more or less) or 150,490 square feet, more or less, and being subject to those certain easements as recorded in O.R. Book 2940, Page 48, O.R. Book 4871, Page 1621, and O.R. Book 12063, Page 2454, Public Records of Pine lias County, Flo.llila.. - -----._'--~~" . KMlEEN F. ]( JUm, llEII< IF co.RT pItfl.LAS croov, FURIM ~1413'1 03-13-2003 09:54:19 EBZ 51 Jl])-9H[f PT BffTIST llW.W 263184 11:03100100 B(:J.m lfG:1349 Ef'G:l.B) RElXRDltIi 002 MIS 1 $10.50 ~. - ,11219 3 ~~1~.~ TOTlt: $2,110.50 ~. TEHJIRE)): $2,110,50 CHANGE: $.00 BY IIPUTV (llRI( After Recording, return to PIONEER TITLE, INC. 29296 US HWY 19 NO. SUITE 104 CLEARWATER, FL 33761 (P . t d M II 2003 @ 10 49) U'l nil e on ar I S )epartmcl1l 0 Housing and Urban Oevelupmem I OMB No. 2502-0265 A. SETTLEMENT STATEMENT B. Tvnp nr Loan I. [] FHA 2. [ ] FmHA 3. [] Cony. Un ins. I 6. File Number: 1- I 4. r 1 V A 5. r 1 Cony. Ins. 03-01023 7. Loan Number: 8. Mortl!al!e Ins. Case #: c. NOTE: This fonn. is furnished to give you. stalement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked 'PDC' were paid outside the closing: they are shown here for infonnation D. NAME AND ADDRESS OF BORROWER: . CITY OF CLEARWATER. FLORIDA P.O. BOX 4748 CLEARWATER FL 33755-4748 E. NAME AND ADDRESS OF SELLER: SUNSET POINT BAPTIST CHURCH OF CLEARWATER. FLORIDA INC. F. NAME AND ADDRESS OF LENDER: CASH G. PROPERTY LOCATION: 1390 SUNSET POINT ROAD CLEARWATER FL 33755 H. SETTLEMENT AGENT: PLACE OF SETTLEMENT: Pioneer Title Inc. 727-787-5800 Contact: Jennifer C. Friedman 29296 U.S. Hwy 19 N. Suite 104 Clearwater, FL 33761 I. SETTLEMENT DATE: DISBURSEMENT DATE: 03/11/2003 03/1 1/2003 I J. SUMMARY OF BORROWERlS) TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: I K. SUMMARY OF SELLERlS) TRANSACTION 400. GROSS AMOUNT DUE TO SELLER : 10 I. Contract sales price 300 000.00 401. Contract sales orice 300 000.00 102. Personal Property 402. Personal Property 103. Settlement charl!es to borrower Wne 1400) 86.00 403. 104. 404. 105. 405. Adiustments for items naid bv Seller in advance Adiustments for items naid bv Seller in advance 106. City/town taxes 406. City/town taxes 107. County taxes 407. County taxes 108. Assessments 408. Assessments 109. 409. 110. 410. 111. 411. 120. Gross Amount Due From Borrower 300.086.00 420. Gross Amount Due Seller 300.000.00 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 20 I. Deoosit or earnest money (NONE) 501. Excess deposit (see instructions) 202. Principal amount of new loan(s) 502. Settlement charl!es to seller (line 1400) 3 700.00 203. Existing loan(s) taken subiect to 503. Existinl! loan(s) taken subiect to 204. 504. Payoff of first mortgage loan 205. 505. Payoff of second mortgage loan 206. 506. 207. 507. 208. 508. 209. 509. Adjustments for items unpaid by SelIer in advance Adjustments for items unpaid by SelIer in advance 210. City/town taxes 510. City/town taxes 211. County taxes (EXEMPT) 511. County taxes (EXEMPT) 212. Assessments 512. Assessments 213. 513. 214. 514. 215. 515. 216. 516. 220. Total Paid Bv/For Borrower 520. Total Reduction Amount Due Seller 3.700.00 300 086.00 300 000.00 3 700.00 296 300.00 300 086.00 . . ."'~. . (Printed on Mar 11.2003@ 10:50) L US Department of Housing ond Urban Development SETTLEMENT CHARGES OMB No. 2502-0265 - .. 700. Total SaleslBroker's Commission based on price I I Paid from Paid from Borrower's Seller's 701. Funds at Funds at 702. Seulement Settlement 703. Commission paid at Settlement - NONE 704. 800 ITEMS PAY ABLE IN CONNECTION WITH LOAN 801. Loan Origination Fee 802. Loan Discount 803. Appraisal Fee 804. Credit Reoort 805. 806. 807. 808. 809. 810. 811. 900. ITEMS REOUlRED BY LENDER TO BE PAID IN ADVANCE 901. Interest from 902. Mortgage Insurance Premium for 903. Hazard Insurance Premium for 904. Flood Insurance 1000 RESERVES DEPOSITED WITH LENDER 1001. Hazard insurance 1002. Mortgage insurance 1003. City prooerty taxes 1004. County property taxes 1005. Flood Insurance 1006. 1007. Aggregate Accounting Adiustment 1100. TITLE CHARGES 1101. Settlement or closing fee To: Pioneer Title. Inc. 50.00 50.00 I ]02. Abstract or title search To: TAMPA BAY TITLE SERVICES 80.00 1103. Title examination To: Pioneer Title Inc. 50.00 1104. Title insurance binder 1105. Document preparation 1106. Notary Fees 1107. Attornev's Fees (Includes above item numbers: ) 1108. Title Insurance Pioneer / To: Pioneer Title. Inc. I 600.00 (Includes above item numbers: ) 1109. Lender's coverage - NONE 1110. bwner's coverage 300,000.00 @J '" 1600 1111. Citv of Clearwater Special Assess. Search/review To: Pioneer Title, Inc. 20.00 1112. 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 120 I. Recording fees: Deed $6.00 Mortgage $0.00 To: CLERK OF THE CIRCUIT COURT 6.00 1202. City/county tax/stamps: (Intangible Tax) 1203. State Doc Stamos: Deed $2100.00 Mortgage $0.00 To: CLERK OF THE CIRCUIT COURT 2,100.00 1204. Recording documents to courthouse To: RELIABLE COURIER SERVICE. INC. 15.00 1205. Record Easement To: CLERK OF THE CIRCUIT COURT 15.00 1300. ADDITIONAL SETTLEMENT CHARGES 130 I. Survey To: SUNCOAST LAND SURVEYING $4200.00 POC (B) 1302. Pest inspection Not collected at closing 1303. TITLE CREDIT To: Pioneer Title. Inc. -200.00 1304. 1305. 1400. Total Settlement Ch"r"e~ (enter on line~ 103 Section J and 502 Section Kl T 116.00 I '1 7nn nn I I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursement~~ my account or b:'W1S transaction. I further certify ~e receiv~~uD-1 SelUement Statement. RORROWER(S =-_ ~ A SE (S~ 0 j). ",.,.." _ ~ _. . J~_ A ... EARL RA~TT - CITY O'YCLEARW A TER, FLORIDA -Gb1OJONJUIEA~' ...n1.rDi~"" : SUNSET POINT __"_0____ - . --------,--"- --.-- .. - ----- ..B(~CO.~ 'ATER,FLORlDA,INC. .... -. -.--.------- JEFFr: ecretary he HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accord~ with this s\C r;;(~.((W~ ~o~j j ~ 03/11/2003 PI4Pelr'TItle, Inc. / Date NOTE: Taxes have beE n prorated based on taxes for the year. Any re-proration will be handled between the buyer and seller. All utility bills (water, sewer, electric, cable and maintenance fees) have been paid or will be paid upon receipt of final bills. WARNING: It Is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine or mprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010. . _.' ;<t. _ AMERICAN LAND TITLE ASSOCIATION OWNER'S POllCY 10-17-92 (Florida Modi1ied) POLICY NO. OWNER'S POLICY OF TITLE INSURANCE ISSUED BY IOP-9-0449-661SI AMERICAN PIONEER TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDUL~'"B AND THE CONDITIONS AND STIPULATIONS, AMERICAN PIONEER TITLE INSURANCE COMPANY, a Florida corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, 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 Company 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 Stipulations. IN WITNESS WHEREOF, AMERICAN PIONEER TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the Date of Policy shown in Schedule A, the policy to become valid when countersigr.ed by an authorized signatory. Issued by: AMERICAN PIONEER TITLE INSURANCE COMPANY Pioneer Title, Inc. 29296 U.S. Hwy, 19 N, Suite 104 Clearwater, FL 33761 By. ~ ~id~ Attest~ ~~ Secretary ~ ~ . . . . ., .~. (.. 't' ~..... : ~~. (. ~ :." ~... OP-9 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not Iimrted to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to Ii) the occupancy, use, or enjoyment of the land; liil 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 the land is or was a part; or liv) 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 thereof or a notice of a defect, lien or encumbrance resu~ing 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 la) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resu~ing 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 Polley, 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 claiman~ lb) not known to the Company, not recorded in the pUblic records at Date of Policy, but known to the insured claimant and not disclosed in wrrting to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resu~ing in no loss or damage to the insured claimant; Id) attaching or created subsequent to Date of Policy; or (e) resu~Ing in loss or damage which would not have been sustained ~ the 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 polley, 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 Iii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 1. DEFINITION OF TERMS CONDITIONS AND STIPULATIONS 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT 10 COOPERATE The following terms when used in this policy mean: (a) "insured": the Insured named in Schedule A, and, subject to any rights or defenses the Company 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 constructivll 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. Id) "land"; the land described or referred to In. Schedule [AJ, 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 [AI, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. m "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 1 (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 TITLE 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 long 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 Ii) an estate or Interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM 10 BE GIVEN BY INSURED CLAIMANT The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 41a) 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 Company may be liable by virtue of this policy, or (iii) ~ Iitle to the estate or interest. as insured, is rejected as unmarketable. II prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required;provided, however, .lhat failure-tCln6lil'ythe.Ccimpany shall ih no case prejUdice the rigntS-of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. ... - .. , '. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in Irtigatlon 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 Company 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 Company 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. Ib) The Company 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 trtle to the estate or interest. as insured, or to prevent or reduce loss or damage to the insured. The Company 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 Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company 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 order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so. prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining wrtnesses, prosecuting or defending the action or proceeding, or effecting settlement. and (ii) In any other lawful act which in the opinion of the . Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company'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 alter the notices required under Section 3 of these Condrtions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days alter 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 encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. II the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate,.including any liability or obligation to defend, prosecute, or continue any Irtigation, with regard to the matter or matters requiring-such proof of loss or damage. '. OWNER'S fORM Schedule A State: FL County: Pinellas File Number 03-01023 Policy Number OP-9-0449-6615 Effective Date 03/13/03 Effective Time 9:52 A.M. Amount of Policy 300000 Commitment Number: CM-1-0449-10975 Reinsurance Number: nla 1. Name of Insured: CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida 2. The estate or interest in the land described herein and which is covered by this policy is: Fee Simple 3. The estate or interest referred to herein is at Date of Policy vested in the insured. 4. The land referred to herein is described as follows: PARCEL A: A portion of Lot 19, E.A. MARSHALL'S SUBDIVISION, as recorded in Plat Book 3, Page 44, Public Records of Pinellas County, Florida, and the South one-half of that part of the vacated right of way of State Street as recorded in O.R, Book 12063, Page 2454; all lying in the Southeast 1/4 of the Northeast 1/4 of Section 3, Township 29 South, Range 15 East, Pinellas County, Florida, being further described as follows: From the southwest corner of Lot 19, E,A, Marshall's Subdivision, as recorded in Plat Book 3, Page 44, Public Records of Pinellas County, Florida, thence NOoo15'13"W along the westerly boundary thereof, a distance of 50,00 feet to the north right of way line of Sunset Point Road as described in O.R. Book 2940, Page 51, Public Records of Pinellas County, Florida, for a POINT OF BEGINNING: thence continue NOoo15'13"W, along the westerly boundary of said lot 19, a distance of 584.03 feet to the south right of way line of State Street as described in O.R. Book 2940, Page 51, Public Records of Pinellas County, Florida; thence S89013'59"E along said south right of way line a distance of 239.09 feet to the southwest corner of that part of the vacated right of way of State Street as described in O.R. Book 12063, Page 2454, Public Records of Pinellas County, Florida; thence NOoo16'17"W along the west line thereof a distance of 20.00 feet; thence S89014'14"E along the north boundary of the south 1/2 of said vacated right of way a distance of 90.00 feet to the east line of said vacated right of way; thence SOoo16'17"E along the east line thereof and the east line of the aforementioned Lot 19 a distance of 60,00 feet to the southerly boundary of that certain 50 foot drainage easement as recorded in O,R, Book 2940, Page 48, Public Records of Pinellas County, Florida; thence S53016'39"W along said southerly boundary a distance of 70.86 feet, thence SOoo16'17"E along a line 57.00 feet from and parallel with the east line of said Lot 19, a distance of 139.50 feet; thence S11040'13"W, 368,04 feet to the northerly right of way line of the aforesaid Sunset Point Road; thence N89012'55"W along said northerly right of way line a distance of 196.10 Note: This Policy consists of insert pages labeled Schedule A and B. This policy is of no force and effect unless all pages are inclu along with any added pages incorporated by reference. OWNER'S FORM Schedule A (Continuation Page) State: FL County: Pinellas File Number 03-01023 Policy Number OP-9-0449-6615 Effective Date 03/13/03 Effective Time 9:52 A.M. Amount of Policy 300000 Commitment Number: CM-1-0449-10975 Reinsurance Number: n/a feet to the POINT OF BEGINNING. Containing 3.455 acres (more or less) or 150,490 square feet, more or less, and being subject to those certain easements as recorded in O,R. Book 2940, Page 48, O.R. Book 4871, Page 1621, and O.R. Book 12063, Page 2454, Public Records of Pinellas County, Florida. PROPOSED DRAINAGE EASEMENT: A portion of Lots 9,19 and 20, E.A. MARSHALL'S SUBDIVISION, as recorded in Plat Book 3, Page 44, Public Records of Pinellas County, Florida, and lying in the Southeast 1/4 of the Northeast 1/4 of Section 3, Township 29 South, Range 15 East, Pinellas County, Florida, being further described as follows: From the northeast corner of Lot 9, E.A. Marshall's Subdivision, as recorded in Plat Book 3, Page 44, Public Records of Pinellas County, Florida, thence N89015'19"W along the northerly boundary thereof, a distance of 30.00 feet to the westerly right of way line of King's Highway; thence SOoo17'27"E along said westerly right of way line a distance of 236.41 feet to a point of intersection with the southerly boundary of that certain 50 feet drainage easement as recorded in O.R. Book 2940, Page 48, Public Records of Pinellas County, Florida, for a POINT OF BEGINNING, thence continue SOoo17'27"E along the westerly right of way line of King's Highway a distance of 62.81 feet; thence by the following three (3) courses along a line 50 feet southerly and easterly from and parellel with the southerly and easterly boundary of the aforesaid 50 feet drainage easement: 1) S52027'39"W 200.93 feet; 2) S34013'OO"W, 68.88 feet; 3) SOoo16'17"E, 198.38 feet: thence S53016'39"W, along a line 25 feet from and parellel with the said 50' drainage easement a distance of 195,19 feet; thence NOoo16'17"W along a line 57,00 feet from and parellel with the east line of said Lot 19, a distance of 31.08 feet to the Southerly boundary of the aforesaid 50' drainage easement; thence by the following four (4) courses along the southerly and easterly boundary thereof: 1) N53016'39"E, 133.02 feet; 2) NOoo16'17"W, 219,75 feet; 3) N34013'OO"E 92.43 feet; 4) N52027'39"E, 246.98 feet to the POINT OF BEGINNING. Containing 0.6838 acres (more or less) or 29,786 square feet, more or less; and being subject to those certain easements as recorded in Deed Book 1614, Page 87, O.R. Book 3146, Page 298, O.R. Book 4871, Page 1621 and O,R. Book 5713, Page 866, ofthe Public Records of Pinellas County, Florida. b' Issued By: 0449 Pioneer Title, Inc. 29296 U.S. Hwy 19 N. Suite 104 Clearwater, FL 33761 Note: This Policy consists of insert pages labeled Schedule A and B. This policy is of no force and effect unless all pages are inclu along with any added pages incorporated by reference. OWNER'S FORM Schedule B State: FL County: Pinellas File Number 03-01023 Policy Number OP-9-0449-6615 Effective Date 03/13/03 Effective Time 9:52 A.M. Amount of Policy 300000 Commitment Number: CM-1-0449-10975 Reinsurance Number: nla This policy does not insure against loss or damage by reason of the following exceptions: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Encroachments, overlaps, boundary lines disputes, and other matters which would be disclosed by an accurate survey and inspection of the premises, 3. Easements or claims of easements not shown by the Public Records. 4. Taxes or special assessments which are not shown as existing liens by the public records. 5. Taxes and assessments for the year 2003 and subsequent years, which are not yet due and payable. 6, Riparian and littoral rights, if any, 7. Easement Agreement to the City of Clearwater as recorded in O,R, Book 2940, Page 48, Public Records of Pinellas County, Florida, 8. Easement Agreement to the City of Clearwater as recorded in O.R. Book 3146, Page 298, Public Records of Pinellas County, Florida, 9. Easement Agreement to City of Clearwater as recorded in O.R. Book 3149, Page 215, Public Records of Pinellas County, Florida, 10, Easement as recorded in Deed Book 1614, Page 87, Public Records of Pinellas County, Florida. 11. Easement as recorded in O,R. Book 12063, Page 2454, Public Records of Pinellas County, Florida. 12. Florida Power Corporation easement as recorded in O,R. Book 4871, Page 1621, Public Records of Pinellas County, Florida. Note: This Policy consists of insert pages labeled Schedule A and B. This policy is of no force and effect unless all pages are inclu along with any added pages incorporated by reference. OWNER'S FORM Schedule B (Continuation Page) State: FL County: Pinellas File Number 03-01023 Policy Number OP-9-0449-6615 Effective Date 03/13/03 Effective Time 9:52 A.M. Amount of Policy 300000 Commitment Number: CM-1-0449-10975 Reinsurance Number: n/a 13, Easement to City of Clearwater as recorded in O,R. Book 5713, Page 866, Public Records of Pinellas County, Florida. 14. Drainage & Utility Easement as recorded in O,R. Book 12596, Page 1358, Public Records of Pinellas County, Florida, NOTE: THE ABOVE ITEMS 1 & 4 ARE HEREBY DELETED. Issuina Office: PIONEER TITLE, INC, 29296 U.S. Hwy 19 N. Suite 104 Clearwater, FL 33761 (727) 787-5800 Phone (727) 785-5528 Fax Note: This Policy consists of insert pages labeled Schedule A and B. This policy is of no force and effect unless all pages are inclu along with any added pages incorporated by reference. Lender's File # EN-l GENERAL ENDORSEMENT Attached to and forming a part of Policy No. OP-9-0449-6615 Issued By AMERICAN PIONEER TITLE INS. CO. THE ABOVE REFERENCED FILE IS HEREBY AMENDED AS FOLLOWS: Schedule B, Item 15: Subject to all matters on survey, as shown on survey prepared by C. BOYD ALLEN, FRLS#3932, dated 05-12-03, under Job # 2054, for SUNCOAST LAND SURVEYING, INC. Schedule B, Items 2 and 3 are hereby deleted. ALL OTHER MATTERS REMAIN IN FULL FORCE AND EFFECT. This endorsement is made a part of the policy or commitment and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy or commitment and prior endorsements, if any, nor does it extend the effective date of the policy or commitment and prior endorsements or increase the face amount thereof. AMERICAN PIONEER TITLE INS, CO. Dated 13th Day of March, 2003 Issued By: 0449*03-01023 Pioneer Title, Inc. 29296 U.S. Hwy 19 N. Suite 104 Clearwater, FL 33761 Note: This endorsement shall not be valid or binding until countersigned by an authorized signatory. ~ Authoriz GENERAL ENDORSEMENT 1986 EN-1 (4/93) CONDITIONS AND STIPULATIONS - CONTINUED In addition, the insured claimant may reasonably be required to submit to 9. LIMITATION OF LIABILITY examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, 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 Company, the insured claimant shall gran! its permission, in writing, for any authorized representative of the Company 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 Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the ciaim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6, OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY ~ I In case of a claim under this policy, the Company 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 claiman~ which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations 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 Company 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 Company up to the time of payment and which the Company is obligated to pay; or Iii) 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 Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs Ib)(i) or (ii), the Company'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 obligation 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 cla:mant 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 Company under this policy shall not exceed the least ot. (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 from Florida policies.) (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 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 Company 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. j' (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability 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. Ib) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company 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, adverse to the title as insured. Ic) The Company 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 Company. 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 Company 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 subjec~ 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 destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (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 Company's Right of Subrogation. Whenever the Company shall have settled and paid 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 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 Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company 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 Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claiman~ as stated above, that 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 by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. Ib) The Company's Rights Against Non-insured Obligors. The Company'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, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION (This paragraph was modified for Florida policies.) Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both Company and the insured. Arbitrable matters may include, but are not limited to, any controversy or claim between Company and the insured arising out of or relating to this policy, and service of Company 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 effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date CONDITIONS AND STIPULATIONS - CONTINUED ..~ ....': ~=~J.i ,~.":,,,:,.. .... .~...' ~ I ~".~~:~~:"" ...: .......:.. ~ ..).;:~: ~ - ~, -i ~ ~ ()~ ~ ~ 1>><0 -i - ~ 3i~' cnw r Z ,'( ~m ~ m z ~ ~ ..:' 0"00 0 m 0 t!j ~.~i :: : ~ CD 3 Z ::D ~~~ ~3 CD (j) 0 (j) ~ ~~ ~&:J "TIQ 0 c "'Tl ~~~ = "1) (j .'j.; II>> C=i" ::D 0 tr:l ~~ '.': w;:) CD )> (D ~~ I\) OJ Z r (j ~< 0 e~l '-IP- 0 0 ~ ~. m -< ~ g 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 located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereot The law of the s~us of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the titie 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 the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 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 Company and any statement in writing required to be fumished the Company shall include the number of this policy and shall be addressed to the Company at 493 East Semoran Boulevard, Casselberry, Florida 32707. Telephone: (407) 260-8050.