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B G C INCORPORATED . . ,. -~-' I C I T V to F C LEA R W ATE R Interdepartment Correspondence Sheet TO: Cyilthia Goudeau, City Clerk FROM: William C. Baker, Director of Public Works COPIES: E. S. Haeseker, James V. Hensley SUBJECT: Deed from BGC, Inc. DATE: September 3, 1986 Attached is the original deed from BGC, Inc. for Bayview Avenue and title insurance from Stewart Title, together with their transmittal letter, for your files. C)~ WCB:WJS:j1 Attachment llECEIVED S~p5_ CITY CLERK - ~ . , .11. D. 1986 24 24693043 78 1. 21A 86 49 5.00 41 76 00 FLORIDA lOTAL 81.G~ ... K PINELLAS and and The City of Clearwater, Florida, a municipal corporation f)fthe County of pnmLLAS . and~tate of FLORlpA ~ ' . partY-lli the second part, PO. Do i ;.j?J.f '9 I ~/ea.rt.IJafer, ,;)1. 335/;f i!IIIiturssrtl1. that the said party of the first part, for and in consideration of the sum of FIFTEEf:iJ THOUSAND ONE HUNDRED NINEI'Y 'IWO ($15,192.00) - - - - Dollars, to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has ~ranted, bargained and sold to the said party of the second part forever, the following described land, situate, lyint and being in the County of PINELLAS , State of Florida, to wit: Commence at the NW corner of the NW 1/4 of the NW 1/4 of Section 16, Township 29 South, Range 16 'East; thence run S 00037'03" W, along the West line of the NW 1/4 of the NW 1/4 of said Section 16, 50.00 feet, to the South right-of-way line of Drew Street and the P.O.B.; thence run S 89028'42" E,along said South right-of-way line, 22.00 feet; thence run S 27009'48" W, 11.19 feet; thence run S 00037'03" W, 435.57 feet; thence run N 89028'39" W, 17.00 feet to the West line of the NW 1/4 of the NW 1/4 of said Section 16; thence run N 00037'03" E, ~long said West line, 445.57 feet, to the P.O.B. . I',' . F~RM 124 .","',. w_ ~M """. "-, ........ execu tive line II ~ 86192G50 m-hig Jlootutun, ~ -~ PREPARED BY: I Made this ~ 01)1 AUGUST day of irtwtru B.G.C., INC. a corporation existing under the laws of the State of having its principal place of business in the County of State of FLORIDA party of the first part, MICHAEL SMITH PARKS AND SMITH ATTY LAW 1150 CLEVELAND ST. CLEARWATER, FL. 3351 O.R. 6298 PAGE 1G52 ~ = c;? r-.) C") ~~ """,~~ <"''"-. ~::.<~ .~ ~ b ,';C'; ~..'.'~.....".'. .' ~t ...,.. _.....-~ ::)0- ".,'1 diI l.J"\ {.,J.."1 ... a:J 0-:0 Subject to 1986 taxes and easements and restrictions of record. :~qrlJt,.the said party of the first part does hereby fully warrant the title to said land, and Ufil~ defend the same against the lawful claims of all persons whomsoever. .... < 3Jn IIUnrs.a IIl1rrrnf. the said party 01 the first part has caused these presents to be sitned in its name by its President, and its corporate seal to be affixed, attested by its the day and year above wntten. ;',",.,' " ..i ,"~~:f~f!!1.;'~'?" (Co;.. ~te ''':';,t\, ~'.'.". ..e~i': . ~,':l~~:;t,~:1(s~:;'!~:"~_: '-:,' 4t'tes .. .. By --Or. t'JARREN CLARK c,pLJ/~ HUNT, Pres~dent. .. ..76.,,00 ..~... ,,- . -,J.; '. " i - -". .: ." '\ jll. J:t,..J... ..... ." Cllniiuiil.Jn~r.~';:':-:' That on th) ~D i1t day of August before me personally appeared WARREN CLARK HUNT GEORGE HUNT, III President and SECRETARY respectively of B . G . C., INC. , a corporation under the laws of the State ofF~"ORIDA , to me known to be the persons described in and who exec{l;ted~tf:teforetoint conveyance to The City of Clearwater,.:lit~'J;ii:a.a,.'a';municipal corporation ::--" ::'f~~~:' ''''<::~','''--': -',i.' :'::::" ,:'", ". :"'~-'-:.' and se7)~rally acknowledted....,.....thi!~.'~..,.."'~'eJi.. .t..i.,.~~.~~. .~....;;~lt,~....r.......e. 0........'1......... ...t.......o. b..e ..t. heir free act and deed as such offi,cers, for the uses anif...\'fJ~!/.l:!aJf;f{t.~R.e,r:ebn;/'!Jentwned; and that they affixed thereto the official seal of:!'!-~.i,r:f;iflif?rJ'titt;ti(mjf:;;WJd::thesaid instrument is the act and deed of said corporation~;,ii:' t :::l",!,'}!i ~ ~ -'~ ;i\ ~~'>.'. . JIIitnrss my sitna.fPZlk~'fo:1Ijci,(Jl...,~~'f:.:.:. . zn the County o~ i.;;..../i'i! . ".J.1d!:fJ../I:J... 5... .1~p~';rl---...:~...;an.. d. State 01 Florida, the day and year last a-t esa d .....~,"..' .-.::' '0 .. /!J;;t.;.l e, . .... "", "'J .".. .. . . .. ,/or b. "~'1\<..".' . ". '.','i~"""",. .... .:. ,~'".. I)" ..... .i. "'." , l(l",D(!fi'4 LOp:r'JlI/:..::;;iJ(f/.~.~;;c?~M. o~o :!;~li~r_p_~'. " :i)~: ~~o oo".llLI {>o(i, .r\l':-s+ CI:"', .//,~)./i:~.;fitJ~~i,: y omm~88~on ~pbres / -,~,-'l 'tJ <J ,;;';-.. ,I) ~-, 10 I ' ,;: ~"'" -, -----'T.~ :::) -,'j -"h. J~ ..~ ( " --..: , .. --..j ......j \. ,i .-....l''': '" I"" \J'. ~I <.~,I -<I i: .I1.D.1fld6 , and I RONALD CR.") a. SOME". "'......... laM Court St,... ..0. ... 27.. c........_. PIDr....1U17 .11) ..1..... , I - SC:P .~ 1566 eoNNIE 01. MvaLLaR ..._ M...... aaa. lout" eou...,.,. New ~ Rlcftelr. PIDr... Ilsn CllI) ......77 '."au, ./ eMIr., STEWART TITLE August 27, 1986 .. . City of Clearwater . Att: Mr. Hensley . Re: BGC Inc. to City'of Clearwater PLEASE INCLUDE OUR FILE NO. ON ALL CORRESPONDENCE 86080009 . Dear Mr. Hensley Enclosed please ffnd the fOllowing document(s) fn connection with the above ment1or.ed property: () MOrtgage Title Insurance Poli~ (x) Owner's Titl. Insurance Polf~ (X) Or1 gi na 1 Recorded lIarrenty Deed () Closing Statement () Original Recorded Mortgage Deed ( ) ( ) (J ( ) Mortgage Title Bfnder ( ) Owner's Titl. Binder ( ) Endorsement ( ) Check , for S ( ) Amortization Schedule ( ) ( ) ( ) Please be sure to keep these document(s) in a safe place for future refer- ence or possible transactfon. The opportunity to be of service to you is always appreciated. If we can be . of any further assistance to you. please do not hesitate to contact our offfce. Very truly yours. STEWART TITLE COMPANY OF CLEARWATER. INC. Cathy Winter AL:TA Owntlr's Policy - Form B - 1970 (Rev. 10-17-70 and 10-17-84) POLICY OF TITLE INSURANCE ISSUED BY -~ 86080009 STEWART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE BAND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY COMPANY, a corporation of Galveston, Texas, 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, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2, Any defect in or lien or encumbrance on such title; 3, Lack of a right of access to and frornth(:lJal)d; or 4. Unmarketability of such title IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its du Iy authorized officers as of Date of PolicY$hoWn in Schedule A. STEWART TITLE ~~~~ &UARANTY COMPANY Chairman of the Board Cou ntersigned: ~o~ Authorized Countersignature EXCLUSIONS FROM COVERAGE e1~/$~ President The following matters are expressly excluded from the coverage of this policy: 1. (a) Governmental police power. (b) Any law, ordinance or governmental regulation relating to envi ronmental protection. (c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulat- ing or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now + or hereafter erected on the land, or prohibiting 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. I (d) The effect of any violation of the matters excluded under (a), (b) or (c) above, unless notice of a defect,lien, or encumbrance re- sulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, lis pendens, I liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge; provided, however, that without limitation, such records shall not be construed to include records in any of the offices of fed- t eral, state or local environmental protection, zoning, building, health or public safety authorities. 2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy. t 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date + such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or t created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Page I of 0 9922 Policy . . Serial No, 42322 ~ ~ ~ ~ ~ ~ ~ ~ - ~ ..,.,. ."..".. ~ ~ -- ~ ~ CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS 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 may have against the named insured, those who succeed to the interest of such insured by operation of law as distingu ished from purchase including, but not limited to, heirs, dis- tributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage hereunder. (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (d) "land": the land described, specifically or by reference in Schedule A, and improvements affixed thereto which by law constitute real property; provided, however, the term "land" does not include any property beyond the lines of the area specifically described or referred to in Schedule A, 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. (f) "public records": those records which by law impart constructive notice of matters relating to said land. 2. CONTINUATION OF INSURANCE AFTER CON- VEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3, DEFENSE AND PROSECUTION OF ACTIONS- NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in all litigation consisting of actions or proceedings commenced against such insured, or a defense interposed against an insured in an action to enforce a contract for a sale of its estate or interest in said land, to the extent that such liti'gation is founded upon an alleged defect, lien, encumbrance, or other matter insured against by this policy. 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) if title to the estate or interest, as insured, is rejected as unmarketable, If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insufed under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost tc institute and without undue delay prosecute any action 01 proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appropriate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as requ ired or perm itted by the provisions of this policy, the Company may pursue any such 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. (e) 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 hereunder shall secure to the Company the right to so prosecute or prov ide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or pros- ecuting or defending such action or proceeding, and the Company shall reimburse such insured for any expense so incurred. 4. NOTICE OF LOSS - LIMITATION OF ACTION In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished, Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. 5. OPTIONS CLAIMS PAY OR OTHERWISE SETTLE TO The Company shall have the option to payor otherwise settle for or in the name of an insu red claimant any claim insured against or to terminate all liability and obligations (b) The insured shall notify the Company promptly in of the Company hereunder by paying or tendering payment writing (i) in case any action or proceeding is begun or of the amount of insurance under this policy together with defense is interposed as set forth in (a) above, (ii) in case any costs, attorneys' fees and expenses incurred up to the knowledge shall come to an insured hereunder of any claim time of such payment or tender of payment, by the insured , of ~itle or interest which is adverse t1the title to the estate c1ai~ant and authorizel by the Company. (continued and concluded on last page of this policy) . ,'ALTA .oWNER'S POLICY -Amended 10/17/70 /,SRK' " . . I J SCHEDULE A Order No,: 86080009 Date of Policy: August 21st., 1986 @ 5:59 Policy No,: 0-9922__42322 Amount of Insurance: $ 15,192.00 1. Name of Insured City of Cl earwater , Florida, a municipal corporation 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: CITY OF CLEARWATER, Florida, a municipal corporation 4. The land referred to in this policy is described as follows: Parcel of land lying in Section 16/29/16 and being more explicitly described on attached Exhibit "A" made a part hereof Page 2 of4 Page 2 STEWART TITLE GUARANTY COMPANY 2112 20M 6-85 /S.RK ALTA OWNER'S POLICY - Amended 10/17/70 I I SCHEDULE B Policy No.: 0-9922-42322 This policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosedby an accurate surveyor inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Community property, dower, curtesy, survivorship, or homestead rights, if any, of any spouse of the insured. 6. Any titles or rights asserted by anyone incll;lding but not limited to persons, corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United States Government or water rights, if any. 7. Taxes for the year 19 86 and thereafter. 8. Subject to easement as recorded in O.R. Book 2408, Page 74, Public Records of Pinellas County, Florida. 9. Subject to any lien for municipal improvements or services to captioned land which has not been filed for record in the Office of the Clerk of the Circuit Court of Pinellas County, Florida, and any and all oustanding assessments projected or to be projected, if any. 10. Subject to zoning and/or other governmental or regulations affecting the use of the property. Page 3 of 4: STEWART TITLE 2113 (Rev, 3/80) Page 3 GUARANTY COMPANY , . EXHIBIT "A" Corrn:nence at the Northwest corner of the Northwest 1/4 of the Northwest 1/4 of Section 16, Township 29 South, Range 16 East; thence run South 00 deg. 37'03" West, along the West line of the Northwest 1/4 of the Northwest 1/4 of said Section 16, 50.00 feet, to the South right-of-way line of Drew Street and the P.O.B.; thence run South 89 deg. 28'42" East, along said South right-of-way line, 22.00 feet; thence run South 27 deg. 09'48" West, 11.19 feet; thence run South 00 deg. 37'03" West, 435.57 feet; thence run North 89 deg. 28' 39" West, 17.00 feet to the West line of the Northwest 1/4 of the Northwest 1/4 of said Section 16; thence run North 00 deg. 37'03" East, along said West line, 445.57 feet, to the P.O.B. ~~ Authorized Signature , . cl>NDITIONS AND STIPULAtiONS ContinuedJ (contirued and concluded from reverse side of Policy ce) 6. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or (ii) the amount of insurance stated in Schedule A. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When liability has been definitely fixed in accord- ance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. LIMITATION OF LIABILITY No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encumbrance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation 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, as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Com- pany. 8. REDUCTION 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. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 9. 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 either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured 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, The Company shall have the option to apply to the payment of any such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. 10. 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 said parcels but not all, the loss shall be computed and settled on a pro rata basis as Valid Only If Schedules A and B are Attached. 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 such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. SUBROGATION UPON PAYMENT OR SETTLE- MENT Whenever the Company shall have settled 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 such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insu red claimant, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall be requ ired to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 12. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorsements and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insu red and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or val idating officer or authorized signatory of the Company. 13. NOTICES, WHERE SENT All notices requ ired to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at its main office, P. 0, Box 2029, Houston, Texas 77252, 14. The premium specified in Schedule A is the entire, charge for acceptance of risk. It includes charges for title search and exam ination if same is customary or required to be shown in the state in which the policy is issued. STEWART ~rITLE GUARANTY COMPANY s~rEWART TITLE GU ARANTY COMPANY ESTABLISHED 1896 INCORPORATED 1908 A NAME RECOGNIZED NATIONALLY FOR MORE THAN 75 YEARS AS BEING SYNONYMOUS WITH SAFETY r. ~ STEWART TITLE GUARANTY COMPANY P. O. Box 2029 Houston, Texas 77252 ,,/. POLICY OF TITLE INSURANCE - - - ~ - ~ - - ~ '. I CIJV OF CLEARWATER I nterdepartment Correspondence Sheet TO: FROM: Cynthia E. Goudeau, City Clerk M. A. Galbraith, Jr., City Attorney~ Dan Deignan, Finance Director COPIES: SUBJECT: Purchase of Bayview Avenue Right-of-Way DATE: August 20, 1986 The above purchase was completed this date from B.G.C., Inc. Stewart Title Company is recording the Warranty Deed and will be forwarding it for your records very shortly. Attached hereto is Indemnity and Affidavit as to Debts and Liens, fully executed, and copy of Closing Statement for your file. Also attached is Commitment for Title Insurance #C-9912-232977 from Stewart Title. You will receive the title insurance policy in due time. MAG:br Atts. Copy to Finance Director with copy of Indemnity & Closing Statement. J\ECEIVED ""2- CITX Cl..EBK , "TO;BE FILLED IN PERSqNALLY BY SELLER OR BORRpWER WITH HIS OWN PEN INDEMNtV AND AFFIDAVIT AS TO DEBTS I\ND LIENS SUBJECT PROPERTY: Parcel of land lying in Section 16/29/16 - see attached STATE OF FLORIDA, COUNTY OF Pinellas BEFORE ME, the undersigned authority, on this day personally appeared B.G.C., Inc. Seller or Owner-Borrower .)JJlh' ~ Cowractor (if new construction) ~~ Purchaser personally known to me to be the person whose name is subscribed hereto, and upon his oath deposes and says: {],~ o(J~7<-~ I I, the seller, owner-borrower, and/or contractor, represent to the purchaser and / or lender in this transaction that to my knowledge there are: I. No unpaid debts for plumbing fixtures, water heaters, floor furnaces, air conditioners, radio or television an- tennae, carpeting, rugs, lawn sprinkling systems, venetian blinds, window shades, draperies, electric appliances, fences, street paving, or any personal property or fixtures that are located on the subject property described above, and that no such items have been purchased on time payment contracts, and there are no security interests on such property secured by a financing statement, security agreement or otherwise except the following: (If none, so state.) NAME AND ADORESS OF SECURED PARTY Approximate Amount "../ lJ '^ 'eo- 2, No loans of any kind on said property except the following: (If none, so state,) NAME AND ADDRESS OF CREDITOR Approximate Amount J\/otA.~ I · 3, All labor and material used in the construction of improvements or repairs on the above described property have been paid for and there are now no unpaid labor or material claims against the improvements or the property upon which same are situated, and I hereby declare that all sums of money due for the erection of improvements or repairs have been fully paid and satisfied, except: (If none, so state.) NAME AND ADDRESS OF SUPPLIER OF LABOR, SERVICES OR MATERIALS Approximate Amount N o'^~ 4, I, the purchaser, represent that I have no knowledge of any debts or liens of any kind other than those listed above, except: (If none, so state.) NAME AND ADDRESS OF SECURED PARTY, CREDITOR, SUPPLIER OF LABOR OR MA TERIALS "'( D L4 ,.., ~ ;J()~M~ Approximate Amount 5, I, the owner-borrower, or purchaser, have not been given notice of the furnishing or intent to furnish any labor, services, or materials in connection with any improvements or repairs to said property from any person or firms, except: (If none, so state,) SUPPLIER OR LABOR, SERVICES OR MATERIALS N. -- ~---- ;JoN- J ADDRESS 6, I, the undersigned owner, further certify that the real estate and personal property above described are in the actual possession of the undersigned and is not in the possession, actual or constructive, of any person, persons, or organizations holding or claiming same, adversely to the undersigned under contract, lease, or any other color of title or right of possession. The improvements or repairs to said property are now completed and have been accepted by purchaser and / or owner-borrower. INDEMNITY: I, THE SELLER, OWNER-BORROWER, AND/OR CONTRACTOR, AGREE TO PAY ON DEMAND TO THE PURCHASERS AND/OR LENDER IN THIS TRANSACTION, THEIR SUCCESSORS AND ASSIGNS, ALL AMOUNTS SECURED BY ANY AND ALL LIENS NOT SHOWN ABOVE, TOGETHER WITH ALL COSTS, LOSS AND ATTORNEY'S FEES THAT SAID PARTIES MA Y INCUR IN CONNECTION WITH SUCH UNMENTIQNED LIENS, PROVIDED SAID LIENS EITHER CURRENTLY APPLY TO SUBJECT PROPERTY, OR A PART THERE- OF, OR ARE SUBSEQUENTLY ESTABLISHED AGAINST SAID PROPERTY AND ARE CREATED BY ME, KNOWN TO ME OR HAVE AN INCEPTION DATE PRIOR TO THE CONSUMMATION OF THIS TRANSACTION. I realize that the purchaser and / or lender in this transaction are relying on the representation contained herein in purchasing same or lending money thereon and would not purchase same or lend money thereon unless said representations were made, B.G.C., Inc. ~ .... . _" (Jt,-7i~ ~ik ~/. _ _ ~/1 1W>(:..a~;(~~~~ _ - 1~~ SWORN TO AND SUBSCRIBED BEFORE ME THIS ~ ?-0th 4ay-of _. Auqust , 19~, ~ll/ N otar " ........... ," - ~ - .- 9-;)./!-2 f . . -. .. .- -. . . - " - - - -. - ,--- . , ':M-y:- COO1mission Expires: Fla.'. ., ". " Rev, 3/80 NOTE: This form is to be signed ny seller in case of sale. If 11<' ~;J.le, it IS III be signed hy the lIwner.norrower. If there is any new construction. the contractor must also join in this form or sign a separate one. . .., I I A. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B. TYPE OF LOAN: 1. o FHA 2, o FMHA 3. o CONV, UNINS, 4. OVA 5. o CONV, INS. 6, FILE NUMBER 17, LOAN NUMBER 86080009 8, MORTG, INS, CASE NO, SEnLEMENT STATEMENT C. NOTE: This form is furnished to give you a statement of actual settlement costs, Amounts paid to and by the settlement agent are shown, Items marked "(p.o.c,)" were paid outside the closing: they are shown here for informational purposes and are not included in the totals, D. NAME AND ADDRESS OF BORROWER E. NAME AND ADDRESS OF SELLER F. NAME AND ADDRESS OF LENDER CITY OF CLEARWATER B.G.C. , INC. CASH G. PROPERTY LOCATION , H. SETTLEMENT AGENT I. SETTLEMENT DATE: PARCEL LOCATED IN SECl'ION STEWART TITLE CO. AUGUST 20, 1986 16/29/16 PINELLAS COUNTY FLORIDA PLACE OF SETTLEMENT 1290 COURT STREEI' , CLEARWATER, FLORIDA (232nd day of yr) J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER: 101. Contract sales price 15.192.00 401. Contract sales price lS.192.00 102. Personal property 402. Personal property 103. Selllement charges to borrow (line 14(0) 281.00 403. 104. 404. 105. 405. Adjustments for items paid by seller in advance: Adjustments for items paid by seller in advance: 106. City Itown taxes to 406. City /town taxes to 107. County taxes to 407. County taxes to 108. Assessments to 408. Assessments to 109. 409. 110. 410. 111. 411. 112. 412. 120. GROSS AMOUNT DUE FROM BORROWER: 15,473.00 420. GROSS AMOUNT DUE TO SELLER: 15,192.00 200. AMOUNTS PAID BY DR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Deposit or earnest money 501. Excess deposit (see instructions) 202. Principal amount of new loan(s) 502. Settlement charges to seller (line 14(0) 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. 504. payoll ollirst mortgage loan 205. 505. payoll 01 second mortgage loan 206. 506. 207. 507. 208. 508. 209. 509. Adjustments for items unpaid bv seller: Adjustments for items unpaid bv seller: 210. City Itown taxes to 510. City/town taxes to 211. County taxes 1/1/86 to 8/20/86 51.04 511. County taxes 1 /1 /Ar; to AI?() / AF. 51.04 212. Assessments to 512. Assessments to 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. TOTAL PAID BY/FOR BORROWER: 51.04 520. TOTAL REDUCTION AMOUNT DUE SELLER: 51.04 300 CASH AT SETTLMENT FROM/TO BORROWER: 600. CASH AT SETTLEMENT TO/FROM SELLER: 301. Gross amount due from borrower (line 120) 15,473.00 601. Gross amount due to seller (line 420) 15,192.00 302. Less amounts paid by Ifor borrower (line 220) 51.04 602. Less total reductions in amount due seller (line 520) 51.04 303. CASH I~ FROM) 10 TO) BORROWER: 15,421. 96 603. CASH (l(l TO) 10 FROM) SELLER: 15,140.96 (Exp. 12-31-86) OMB No. 2502-0265 HUD-l (Rev. 3. RESPA, HB 4301 . ,! I I PAGE 2 OF OMB No. 2502.026 PAID FROM PAID FROM L. SEnLEMENT CHARGES BORROWER'S SELLER'S FUNDS FUNDS 700. TOTAL SALES/BROKER'S COMMISSION Baaed on priceS @ %= AT SETTLEMENT AT SETTLEMENT Division of commission (/ine 7oo) as follows: 701.$ to 702.$ to 703. Commission paid at selllement 704. 8OO.ITEMS PAYABLE IN CONNECTION WITH LOAN. 801. Loan Origination fee % 802. Loan Discount % 803. Appraisal Fee to 804. Credit Re~ort to 805. Lender's inspection fee 806. Mortgage Insurance application fee to 807. Assumption Fee 808. 809. 810. I 811. 9OO.ITEMS REQUIRED BY LENDER TO BE PAlO IN ADVANCE. 901. Interest from to @$ /day 902. Mortgage insurance premium for mo. to 903. Hazard insurance premium for yrs. to 904. yrs. to 905. lOoo. RESERVES DEPOSITED WITH LENDER 1001. Hazard insurance mo.@$ per mo. 1002. Mortgage insurance mO.@$ per mo. 1003. City properly taxes mo.@$ per mo. , 1004. County property taxes mo.@$ "do I per mo. 1005. Annual assessments (Maint.) mO.@$ per mo. 1006. mO.@$ per mo. 1007. mo.@$ per. mo. 1008. mo.@$ " { per mo. 1100. TITLE CHARGES: 1101. Selllement or closing fee to 1102. Abstract or tille search to 1103. Title examination to t 1104. Tille insurance binder to 1105. Documenl preparation to 1106. Notary fees to 1107. Allorney's lees to to (includes above items No.: 1108. Tille insurance to Stewart Title Co. 200.00 (includes above items No.: 1109. Lender's coverage $ . 1110. Owner's coverage $ 15,192.00 , 1111. 1112. 1113. 1200.GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording tees: Deed $ 5.00 Mortgage $ Releases $ 5.00 1202. City/county tax/stamps: Deed $ Mortgage $ 1203. State tax/stamps: Deed $ 76.00 Mortgage $ 76.00 1204. 1205. 1300.ADDlTIONAL SETTLEMENT CHARGES 1301. Survey to 1302. Pest inspection to 1303. 1304. 1305. 1400. TOTAL SETTLEMENT CHARGES (entered on Imes 1ro,Sectlon J and 502, sectIon K) 281.00 -0- CERTIFICATION best of my knowledge and belief, It Is a true and accurate statement of all receipts and dlsbur ent Statement. de on my account or by me In this Borrowers S rs The HUD-l Selllement Stalement which I have prepared I a rue and accurate account of thIs transaction. I have caused or will cause the funds to be disbursed In accordance with this statement. August 20. 1986 Settlement Agent Date WARNIN8: It Is a crime to knowingly make felse statements to the United States on this or any other similar form. Penalties upon conviction can Include a fine and Imprisonment. For details see: TItle 18: U.S. Code Section loo1 and Section 1010. American Land Title Association Commitment - 1966 tOMMI;MENT FOR TITLE ISSUED BY '_='"___"c='=="==I=======~'==='=c=-_C_'=-"======"C==""-_'==-~'="=='-I INSURANt;E STEWART TITLE GUARANTY COMPANY 86080009 STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon pay- ment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed I nsured and the amount of the policy or policies committed for havebeeginserted in Schedule A hereof by the Company, either at the time of the issuance of this GOmfTlitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such POlicy or policies of title insurance and all liability and obligations hereunder shall cease and terminatesixrnonths after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears an authorized Countersignature. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. STEWART TITLE ~~ 'h(~ GUARASTY ('O~PASY Chairman of the Board f"IIII/lIIJ//Q//~ ~~II'.~S~}g.!(J4. "'%. tt-....... .... .~.\~~ ~ f: t;.,<;:,90-POIi'f}j \~ ~ ~w:~ -*- ~:--(~ ~';;,\ 1908 lf1j ~ ..... ;. '*. ....~ # ... -r...... \\\~ %~ EX/!>......,pI, ..",,~IHJI'II,.. Countersigned: By ~c~ Serial No. C. 9 912. 2 32 9 7 7 e!~l1f'~ President 005N Rev. 3/78 25M 1-86 I I /ew SCHEDULE A C-9912-232977 Effective Date of Commitment: August 12, 1986 Commitment No, Your No.: 86080009 Prepared For: Inquiries Should be Directed to: Cathy Winter 441-2689 1. Policy or Policies to be issued: Amount lal Q AL TA Owners Policy - Form B - 1970 $ 15,192.00 Proposed Insured: CITY OF CLEARWATER (b) 0 AL TA Loan Policy 1970 $ Proposed Insured: 2. The estate or interest in the land described or referred to in this Commitment and covered herein is a Fee Simple. 3. Title to said estate or interest in said land is at the effective date hereof vested in: B. G. C., INC. 4 The land referred to in this Commitment is located in the County of Pinellas State of Florida and described as follows: Parcel of land lying III Section 16/29/16 and being lIDre explicitly described on attached Exhibit "A" made a part hereof Page 2 S'I" E ,\r A l~~" ~.. I ~r L E 2552 (50M 4-86) GUARANTY COMPANY I SCHEDULE B I Commitment Number: C-9912-232977 I. The following are the requirements to be complied with: 1. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. a. Properly executed Warranty Deed from B.G.C., Inc. to City of Clea:rwater, conveying captioned property. b. Corporate Report from the Secretary of the State of Florida showing said corporation current and in good standing. c. Corporate Resolution Authorizing sale of property. II. Schedule B of the policy or policies to be issued will contain exceptions to the foliowing matters unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claim; or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon CO" .~red by this Commitment. 2. Standard Exceptions: (a) Rights or claims of parties in possession not shown by the public records. (b) Easements, or claims of easements, not shown by the public records. (c) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate surveyor inspection of the premises. (d) Any lien, or right to a lien, for services, labor, or material hereto or hereafter furnished, imposed by law and not shown by the public records. te) Rights of dower, homestead or other marital rights of the spouse, if any, of any individual insured. (f) Any titles or rights asserted by anyone including but not limited to persons, corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, la,kes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United States Government or water rights, if any. 3. Special Exceptions: (a) Taxes. Subject due and payable. to Taxes for the year 1986 and subsequent years, which are not yet Parcel No. 16/29/16/00000/220/0100 Gross Tax $80.348 Estimated. 4. Subject to easement as recorded in O.R. book 2408, page 74, Public Records of pinellas County, Florida. 5. Subject to any lien for rrumicipal improvements or services to captioned land which has not been filed for record in the Office of the Clerk of the Circuit Court of Pinellas County, Florida, and any and all outstanding assessments projected or to be projected, if any. 6. Subject to zoning and/or other governmental prohibition or regulations affecting the use of the property. 2153 IRev. 3/80) 120M 2-86) Page 3 STEWART TITLE GUARANTY COMPANY v' ( I I EXHIBIT "A" Comnence at the Northwest corner of the Northwest 1/4 of the Northwest 1/4 of Section 16, Township 29 South, Range 16 East; thence nm South 00 deg. 37'03" West, along the West line of the Northwest 1/4 of the Northwest 1/4 of said Section 16, 50.00 feet, to the South right-of-way line of Drew Street and the P.O. B.; thence nm South 89 deg. 28' 42" East, along said South right-of-way line, 22.00 feet; thence nm South 27 deg. 09148" West, 11.19 feet; thence run South 00 deg. 37103" West, 435.57 feet; thence nm North 89 deg. 28' 39" West, 17.00 feet to the West line of the Northwest 1/4 of the Northwest 1/4 of said Section 16; thence run North 00 deg. 37'03" East, along said West line, 445.57 feet, to the P.O.B. ~d~ Authorized Signature - - -,;--~-',-~..........;l! . .~ I I CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 1. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed I nsured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the exclusions from coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed I nsured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. STE~ART TITLE GU ARANTY COMPANY COMMITMENT FOR TITLE INSURANCE :~}' "-\: t.- - - I ssued by STEWART TITLE GUARANTY COMPANY