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
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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
~
~
.
. .
. .,
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'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
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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.