ROSALYN NICOLAS AND WILLIAM POOLE JR
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~ TUTBLANX REGISTERED U. S. PAT. OFFICE
~ FORM' 11328LORIDA Fee Simp' .' . 74 G4673111i11,J Tuttle Law Print. Publishers, Rutland, Vt.
. ~'i ~ ~n~~';tu~t: PAGE 219
Wherever used herein, the term ({party" shall include the heirs, personalreprcsentatives,
SMccessors and I or assigns of the respective parties hereto; the use of the singu}ar nu,mber
shall include the plural, and the plural the singular; t~e use of any gender .<{/lnll inrlude
all genderl:i; and, if used, the term "note" shall include allthe note,.; herein described if more
than one .
Made this
I~
day of
.A.. D. 1.974
Cd~
widow, and WILLIAM
ietmetn ROSALYN P. NICOLAS, a
joined by his wife, JULIA S. POOLE,
E. POOLE, JR.,
of the County of Pinellas and Stat~ of Florida
party of the first part, and-
CITY OF CLEARWATER, FLORIDA, a municipal corporation, whose mailing
address is P. O. Box 4748, Clearwater, Florida 33518
and State of
Florida
of the County of P inellas
party of the second part,
lfitne.a.aetl1f tha,t the said party of the first part, for and in consideration of
the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATIj!)W~, to
him in hand paid, the receipt whereof is hereby acknowledged, has granted, bargain-
ed, sold and transferred, and by these presents does grant, bargain, sell and transfer
unto the said party of the second part all that certain parcel of land lying and being
in the County of P inellas , and State of Florida, more particularly
described as follows:
That part of Lot 3, Rainbow's End Subdivision, as recorded in Plat
Book 9, page 138, of [he Public Records of Pinellas County, Florida~
and submerged landjalying West of Edgewater Drive, as described ip .
Internal Improvement Fund Deed #17578, all being in Section 3,
Township 29 South, Range 15 East, Pinellas County, Florida, together
with the wooden pier extending from the uplands West in the waters
of Clearwater Bay.
This property is deeded to the City for right-of-'way and esthetic
park purposes only, and in the event that the City should use the
property for any other purpose than the foregoing or construct or
allow to be constructed thereon any above-ground structure of a
permanent nature, with the exception of park benches, sea wall and
the like, then this property shall revert to the Grantors to be
theirs absolutely.
IIF Deed #17578, dated March 19, 1926 was recorded April 3, 1926, in Deed
Book 1trll .Ji,~e 159 of the Public Records of Pine lIas County, Florida.
wlI!ln.~,f'rwith all the tenements, hereditaments and appurtenances, with
every pnvilete, ritht, title, interest and estate, dower and ritht of dower, reversion,
remainder _and easement thereto belontint or in anywise appertainint:1" . . .~ ~
(Un )lant an~ tn 1IInlil the. ,~q.rrte in fee simple forever, ..... ~\ ~;>
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:: PE::NU11 i. 'I ,', J ii~47V \- ." '. J --.:-. ------- -:i.':;:}':-
- . ' ~ u itue.a.a 1I11erinf, the said party of the.first part has hereunto set his
hand and seal the day and year above written,
~. ~----"\ :<1f'UMFNTA~Y .--:
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~"'~ = DO_~UMENTARY/';i~,; STAMP TAX I '~C~OKI
<=:; DEFT. OF. REVENUE I:->~~-'-l,.~. ''''\.
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CLOSING STATEMENT
,
Clearwater" Florida
April-3 , 1974
Seller.: Rosalyn P. Nicolas &t William. E. Poole, Jr., et ux
Purchaser: City of Clearwater, Florida
Property De scription:. Part of Lot 3, Rainbow's End Sub., together
with submerged land and wooden pier
Credits to Seller:
.
Sale s Pric e
$10,000.00
. Credits to Purchaser:
CashOn .closing - Check
*529, dated Feb. 5, 1974 $10,000.00
$10,000.00
$10,000.00
, Expenses:
Docwnentary Stamps on Deed:
State $30. 00
. Sur-tax 11.00
$41.00
$ 41.00
(Seller)
Chelsea Title &: Guaranty Co.
Title lnsurance
$100.00
(Purchaser)
A. T. ()OC.Puu, 'JJJ..
l!'4OWARD P. HIVES
H. K. :BASKIN, ,,&.
THOMAS E. PBNIOK, JR.
BRUOB M. JrA1U.AN
GARY N. STHOKA11:BR
I
COOPER.
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RIVES. BASKIN. PENICK & HARLAN
ATTORNEYS AT LAW
THIRD FLOOR
WEST COAST BUILDING
118 N. FT. HARRISON AVENUE
CLEARWATER, FLORIDA
33lH5
TELEPHONE
(818) 441-2456
April 10, 1974
RECEIVED
~ J>.) 1974
Guy Kennedy, Esq.
Assistant City Attorney
City of Clearwater
P. O. Box 4748
Clearwater, Florida 33518
crrv ~J ):'~ /
Dear Guy:
Notwithstanding the fact that instructions for return to
the City Clerk appears on the Deed, the Clerk of the Circuit
Court returned the instrument to our office; therefore, we for-
ward to you the Deed dated February 1, 1974, between Mrs. Nicolas
and Mr. Poole as Grantors to the City of Clearwater which is now
recorded in O.R. Book 4156, Page 219, of the Pinellas County
records.
With kind regards.
Very
y yours,
~p
HPR/law
Enc.
,~~~~~~~~~,~~~~~~~~~~,~~~~~~~~~
~ . - OWNER'S POLICY ... ~
~ ~
If CIte tea :1tfe ani (Jual'anf'J Compan'J Ii
~ ~
~ HOME OFFICE, ATLANTIC CITY, N. J. iT~
~ ~
~ ~~
~ iN? 819297 F ~
~ Binder No. 2067~8 t]
~ ~
~ T 2~ 698 $10 000. 00 ~~
~ App. No..... ....,.... ...... .......... Amouo!..........,.. ....... ..... '" ~
~ ~
~ This Policy of Title Insurance Witnesseth: That the Chelsea Title and Guaranty Company, herein ~
~~ called the Company, in consideration of the payment of the premium for this Policy, does hereby covenant and ,~
~ agree that it will pay to ~~
~ ~
~ CITY OF CLEARWATER, FLORIDA, a municipal corporation ~
~ ~
~ hereinafter called the Insured, the heirs, devisees, or personal representatives of the Insured, all loss and damage iT~
~ not exceeding TEN THOUSAND AND NO/lOa ______________________________________ ~
~~ ------------------------------------------------- Dollars ($10,000.00 ), ~
~ which they, or any of them, shall sustain by reason of any defect or defects in the title of the Insured to the iT~
~~ estate or interest of the Insured in the real estate described under Schedule A, hereto annexed, or by reason ~
~ of liens or encumbrances against the same as of the date of the final examination of the title thereto, to-wit: ~
~ April ~ 197~ at ~;21 P.M. ~~
~~ which date shall be deemed the effective date of this Policy, excepting the defects, estates, interests, objections, ~
~ liens or encumbrances mentioned in Schedule B, hereto annexed, or excepted by the conditions or stipulations of iT~
~ this Policy hereto annexed and incorporated herein as a part of this contract. Any loss hereunder shall be established ~
~~ and the amount thereof ascertained in the manner provided in said conditions and stipulations and be payable upon ~
~ compliance with the provisions of same and not otherwise. iT~
~ ~
~.~ In This Policy shall not be binding until it shall have been countersigned by an authorized signatory of the ~
~ Company. ;}a.
~ t]
~~ ~ <:7 /7 ~
~ In Witness Whereof. L~.!._ Jill. ad ~aa_nl, ~
~ Comf'an'l has caused these presents to be signed in facsimile by its duly iT~
~ authorized officers and its corporate seal to be affixed in accordance with ~
~~ its By-Laws, this the 18th day of ~
~ April , 197~ tT'~
~ ,:; /) C7 /) fl ,:; ~
~ L'l.etdea JUte ani ':fuaranl'l Lompan'l ~
~ /! ~
~ /~/~ t]
~ ) President ~
, B. . ' ATTEST: ~_ a.h... ~ ~
,-?~ .. y~ S,m""J 7 ~
~ A.th':'~/S-;;';;t;;;' ~ ~
~ Edward Roszel1e, C~arwater Office ~
~~~~~.,,~~~~~~~~~~~~~r~.,.'..,.'..,.~
I
I
SCHEDULE A
App. No. ......?.':\-.,..9.~,~......,...
Policy No,: ...~J~~,~.7.........
Insured: CITY OF CLEARWATER, FLORIDA, a municipal corporation
Effective date: April 4-, 1974- at 4-:21 P.M.
Amount of liability: $10,000.00
1. The estate or interest of the Insured in the real estate described below covered by this
Policy is FEE SIMPLE
2. The deed or otheFll:leanS by which the estate or interest covered by this Policy is vested in
the Insured is described as '.follows :
WARRANTY DEED execut~R'b~R~salyn P. Nicolas, a widow, and William E. Poole,
Jr., joined by his wiif~, .rJu.lia S. Poole in favor of City of Clearwater,
Florida, a municipal corporation, dated February 1, 1974-, filed April 4-,
1974- at 4-:21 P.M. in O. R. Book 4-156, Page 219, of the Public Records of
Pinellas County, Florida.
3. Description of the land in which the Insured has the estate or interest covered by this Policy.
That part of Lot 3, RAINBOW'S END SUBDIVISION in CLEARWATER, Pine lIas County,
Florida, according to the map or plat thereof as recorded in Plat Book 9,
Page 138, of the Public Records of Pine lIas County, Florida, lying West of
area occupied by right-of-way of the public thoroughfare, indicated as TTShore
DriveTT on the above-mentioned Plat, and lying East of average high water mark
of Clearwater Bay.
Countersigned:
, Clearwater Office
Form No. 22-A
.
. . . .~,.
~
I I
Chel~ea :Jilt anJ guarani'J Compan'J
Home Office Atlantic City, New Jersey
N~ 109976 E
Our File #24,698
ENDORSEMENT
Attached to and forming a part of (Policy - fIinrler) No, 81929 7F
CI...l.4 :Jilt. anJ (juaranl'l. Compan'l
Item 9 under Schedule B is hereby amended to read as follows:
of
9. Note for information only: The title to the following described submerged land
is apparently vested in the City of Clearwater, Florida:
All of the following described land lying within the westerly projections of the
North and South lot lines of Lot 3, RAINBOW'S END SUBDIVISION extended to the
East side of the channel in Clearwater Bay:
From the NE corner of NW~ of Section 3-29-15 run West on and along the North line
of said Section 3 a distance of 2152 feet to the average high water line of
Clearwater Bay same being the NW corner of water Lot 3 of Rainbow's End Sub-
division for Point of Beginning. Thence continue West on the projected North
line of Section 3 and 4 of said township and range 594.93 feet to the East side
of channel in Clearwater Bay. Thence in a Southwesterly coarse along the East
side of channel to a point opposite to and parallel with the center line of
Marine Drive produced. Thence East on and along the produced center line of
Marine Drive 631.93 feet to the average high water line of Clearwater Bay. Same
being the Southwest corner of water Lot 1 of Rainbow's End Subdivision. Thence
in a Northerly coarse along the average high water line of Clearwater Bay to a
Point of Beginning.
ALL OTHER ITEMS REMAIN IN FULL FORCE AND EFFECT.
Nothing herein contained shall be construed as extending or changing the effective date of said (policy-
binder) unless otherwise expressly stated,
This Endorsement shall not be valid or binding until countersigned by an authorized signature as desig-
nated below.
Countersigned:
IN WITNESS WHEREOF, Chelea :ltfe and guarant';!
Compan';! has caused its corporate name and seal to be hereunto affixed
by its duly authorized officers, in facsimile this 22nd day of November
1974
Chelea :ltfe and guarant';! Compan';!
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ATTEST:
Byy/~"tttL [}, ~L-c-L'
Authorized Signatory
Thomas E. Houchins
Clearwater Office
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President
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Secretary. 7
Form 105 . R 3/68
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SCHEDULE B
This policy does not insure against loss or damage by reason of the following:
1, Rights or claims of parties other than the Insured in actual possession of any or
all of the property.
2, Any variation in location of lines or dimensions, deficiency in quantity of ground,
or any state,of fact which an acceptable survey would disclose, or which are visible
or are known to the insured.
3, Rights of way and easements over, across, above or below the surface of the land not
disclosed of record or arising by necessity or implication,
4. Possible unfiled mechanics' and materialmen's liens,
5, All assessments and taxes for the year 1974 and all subsequent years,
6. Liability for municipal improvements made or authorized but not assessed.
7. Conditions, restrictions, reservation, limitations, easements contractual or
for utilities, shown of record or by filed plat or plan, as follows:
(a) Subject to restrictions and conditions not voided by law as imposed in
Plat Book 9, Page 138, Public Records of Pinellas County, Florida.
8. Riparian rights, rights of accretion, reliction, submerged lands or any other
water rights of any ~ature whatsoever are neither guaranteed nor insured under
the terms hereof.
9. Note for information only: The title to the following described submerged
land is apparently ye.sJed in William E. Poole, Jr. and Rosalyn Poole Nicolas:
From the NE cornerofNWJ.i of Section 3-29-15 run West on and along the North
line of said Section 3 a distance of 2152 feet to the average high water line
of Clearwater BEJ.y same being the .NWcprner of water Lot 3 of RainbowTs End
Subdivision for Point c~fBeginning. Thence continue West on the projected
North line of Sectioh,3and 4 of said township and range 594.93 feet to the
Eat side of channel iriClearwater Bay. Thence in a Southwesterly coarse
along the East side ()fchannel to a point opposite to and parallel with
the center line.()f>Marine'Dr.iveproduced. Thence East on and along the
produced center line of Marine Drive 631.93 feet to the average high water
line of Clearwater Bay. Same being the Southwest corner of water Lot 1 of
RainbowTs End Subdivision. Thence in a Northerly coarse along the average high
water line of Clearwater Bay to a Point of Beginning containing 4.90 acres
more or less.
10. Title to the foregoing submerged lands is not insured herein.
11. Said submerged lands are subject to the following as recited in Deed Book
431, page 159:
As to all lands intracts or composite tracrs aggregating ten (10) acres or
more:
Reserved unto the State of Florida the title to an undivided one half of all
petroleum and petroleum products and to an undivided three fourths of all other
minerals which may be found on or under the said land, together with the right
to explore and develop and mine the same.
Saving and reserving unto the Trustees of the Internal Improvement Fund of
the State of Florida and their successors an undivided 3/4 interest in and
to an undivided 3/4 interest in all the phosphate, minerals and metals that are
or may be in, on or under the said above described land, and an undivided ~
interest in and to an undivided ~ interest in all the petroleum that is or may
be in or under the said described land, with the privilege to mine and develop
the same.
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CONDITIONS AND STIPULATIONS OF THIS POLICY
1. The Company shall have the right to, and will, at its own cost and
expen."e, defend the title insured by tbis Policy in any action of ejectment or
other action or proceeding founded upon a claim of title, encumbrance or defect,
which existed, or is claimed to have existed prior in date to the effective date
of this Policy, and not excepted herein, In case any such action nr proceeding
shall be begun, it shall be the duty of the Insured at once to notify the
Company in writing of the full particulars tbereof and secure to the Company
the right to defend such action or proceeding in the name of tbe Insured and
to give all reasonable assistance therein. Failure to notify the Company as
aforesaid at its Home Office, within ten (10) days after proces..l:i or notice in
such action or proceeding shaH be served Upon the Insured, shall oper-ale as a
full release and discharge of the Company from any and all liability with
respect to the subject matter of sucb action or proceeding; provided, bowever,
tbat failure to notify tbe Company as aforesaid sball not prejudice tbe claim of
the Insured if tbe Insured sball not be party to sucb action or proceeding; nor
be served with summonses, process or notice therein; nor have any knowledge
thereof. The Company reserves tbe option of settling tbe claim or paying the
Policy io full; and the payment, or tender of payment, to the full amount of
this Policy shall operate as a full release and discharge of the Company from
any and all liability under tbis Policy,
2, Whenever the Company shall have settled a claim under this Policy, it
shall be subrogated to the rights and remedies of the Insured against any other
person or property in respect to the subject matter of such claim and the
Insured shall transfer or cause to be transferred to tbe Company sucb rights,
,"curities and remedies and permit the Company to use the name of the
Insured for the recovery thereof. Any SUm collected on such rights, securities
and remedies over and above the amount of loss paid by the Company sball
helong, and on dema"d shall be paid to the Insured. The Insured warrants that
sucb right.s, securities and remedies shall vest in the Company unaffected by
any act of tbe Insured.
3, Nothing contained in this Policy shall be construed as insuring against
loss or damaKe by reason of fraud on the part nf the Insured, or by reason
of cJilirns arising, under any act, thing, or trust relationship done. created,
,uffered or permitted by the Insured; or by reason of the fact tbat the Insured
was not a purchaser for value, or that the acquisition of tbe estate D.r interest
bereby insured contravened the laws of the United States establishing a uniform
system of bankruptcy; or against the rights of dower and homestead, if any. of
the Spouse of the Insured; nor will the Company be liable in any event for any
Joss or damage arising from the refusal of any party to carry out any contract
to purchase, Je~-l.Se, or Joan money on the estate or interest insured.
4. A statement in writing of any loss or damage for which it is claimed the
Company is liable ,hall be furnished to the Company within sixty days after
such Jos.:; or damage, and no right of action shall accrue under this Policy until
thirty days after stich statement shall have been furnisbed and no recovery
shall be had under this Policy unless action shall be commenced thereon within
one year after the expiration of said last mentioned period of thirty days; and
a failure to furnish such statement of loss or damage, and to commence such
"ction within the lime hereinbefore specified, shall be a conclusive bar against
the maintenance of any action under this PoHcy.
,5, All payments under this Policy, or any owner's policy issued to the
Insured's vendee or vendees covering any part of the property described berein,
shall reduce the amount of insurance pro tanto. and no payment can be
demanded without producing the Policy fnr endorsement of such payment, If
the Policy be lost or destroyed, indemnity satisfactory to the Company must be
furnished, It is ",pressly understood and agreed that any loss payable under
this Policy may be applied by the Company to the payment of any mortgage
mentioned in Schedule B, the title under which is insured hy the Company, or
which may be held by lhe Company, and the amount so paid shall also be
deemed a payment to tbe Insured under this Policy, The aggregate Iiahility
of the Company under thL, Policy and any policy issued to the holder of such
mortgage shall not exceed the amount nf this Policy,
6, Nothing contained in this Policy shall be construed as insuring (I)
against the consequences of any law. ordinance, or governmental regulation
(including building and "zoning" ordinances) limiting or regulating the use or
enjoyment of the property herein described or the cbaracter, dimensions, or
locations of any improvements erected or to be erected thereon, or (2) against
the consequences of the exercise or attempted exercise of "police power" or the
power of 'leminent domain" over said property, or (3) the title to any personal
property, whether the same be attached to or used in connection with the
property hereby insured or otherwise, or (4) the title or rights of the Insured
in any property beyond the line of tbe property described in Schedule A, or
in any streets, roads, avenues, Janes or ways in said property or upon which
said property abuts, or to tide lands or lands comprising the shores and bottoms
of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the
harbor or bulkhead lines as establL,hed or changed by the United State.!!
Government, or to filled in lands or artificial islands or riparian rights, or (5)
that the huildings or other erections on the property comply with State and
:\lunicip.11 laws, regulations and ordinances. or (6) against loss or damage
by reason of mechanics' or materialmen's liens, liens of contractors, sub-
contractors or other liens arising out of the construction or repair of buildings
and improvements on the property, the title to which is hereby insured, not
filed or of record at the effective date of this Policy, or (7) against Joss or
damage by reason of the rights, titles or occupancies of parties in actual posses-
sion of any or all of the property herein described at the effective date nf this
!)oJicy, or (8) the acreage or area contained in a given tract, nor accuracy or
location of boundary Jines, nor the location or contiguity of the interior Jines
of any parcels making up such property, unless an accurate survey of the
properly described is furnished, or (9) against acts done or suffered by the
Instlred and not disclosed by the application upon which this Policy was issued.
7, The Company shall not be liable hereunder for the cost and expense
incurred in the satisfaction or remo\.al of liens upon or objections to the title,
which were found upon examination of title to exist at the effective date of
this Policy, but which shall have been satisfied or removed prior to the date of
the actual deliv'ery of this Policy,
8, If the property described in Schedule A is divisible into separate
indf'pendf'nt parcels and a loss is established affecting one or more of said
parcels, the loss shall be computed and settled on a pro rata basis as if the face
vJlue of this Policy was divided pro rata as to the value of each separate
independent parcel, exclw;:ive of the improvements made subsequent to the date
of this Policy, to the whole,
9, Defects and encumbrances, arLSlOg after the effective date of this
Policy, or created, suffered, assumed or agreed to by the Insured, and taxes and
assessments which have not become liens up tn the effective date of this Policy,
or wbich, although they have become liens, are not payahle until some future
date or in future installments, are not to be deemed covered hy this Policy;
and no approval of any transfer of this Policy shall be deemed to make it cover
any such defect, encumbrance, taxes or assessments.
10, Any untrue statement made by the Insured, or ageut of the Insured.
with respect to any material fact; any fraud perpetrated; any.suppression of or
failure to disclose any material facts; any untrue answer by the Insured, or
the agent of the Insured, nr the agent to the Insured, to material inquiries
before the issuing of this Policy, shall void tbis Policy,
11. The term "the Company" as herein used, means CHELSEA TITLE
AND GUARANTY COMPANY. and the term "the Insured" means the person
or persons in whose favor this Policy is issued.
12, No officer, agent or other representative nf the Company, shall have
the power to waive any of the conditions or stipulations of this Policy, except
the President or one of the Vice. Presidents of the Company, and such waiver,
if any, shall be written upon or attached hereto,
This Policy necessarily relates solely to the title prior to and including its "effective date" as herein defined.
This Policy is not transferable to subsequent owners, A Reissue Policy in favor of new purchasers should be
obtained.
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