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,
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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
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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.
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By --Or.
t'JARREN CLARK
c,pLJ/~
HUNT, Pres~dent.
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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
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RONALD CR.") a. SOME".
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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~,
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, ':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.
.
..,
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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
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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
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Countersigned:
By ~c~
Serial No. C. 9 912. 2 32 9 7 7
e!~l1f'~
President
005N Rev. 3/78
25M 1-86
I
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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' (
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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!
. .~
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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
:~}'
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t.-
-
-
I ssued by
STEWART TITLE
GUARANTY COMPANY