NELSON C AND ELSIE M VOGEL- TRUSTEE
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86306653
HOLD
. o..R.6 38 9PAGE 152'9
I This instrument was prepared by:
FOR: R. CARLTON WARD (km)
RICHARDS, NODINE, GILKEY, FITE,
MEYER & THOMPSON, P.A.
1253 Park Street
CLEARWATER, FLORIDA 33516
)
llflJarranly Jttd
(STATUTORY FORM-SECTION 689,02 F.S.)
m~is Jttbrnturr. Made this
Nelson C. Vogel, individually and as Trustee u/d/t February 11,
1976 as to an undivided 1/2 interest and Elsie M. Vogel, individually
and as Trustee u/d/t February 11, 1976, as to an undivided 1/2 interest
of the County of Pinellas , State of Florida , grantor-l<, and
~ ci' N/
day of
Q~
19 8 6 , Irtmrrn
City of Clearwater
whose post office address is /.(}{ 6~ rl7'1/f) e/~.&A' rJ 4~-e~
of the County of
Pinellas
, State of
Florida
J.;l~ / P
, grantee-l<,
.itnr99rt~. That said grantor, for and in consideration of the sum of
----------------------TEN AND NO ONE HUNDREDTHS----------------------
Dollars,
and other good and valuable considerations to said grontor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to ,the said grantee, and grantee's heirs and assigns forever, the following
described land, situate, lying and being in Plnellas County, Florida, to-wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
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Subject to reservations, restrictions and easements of record
for taxes for the year 1987 and subsequent years.
and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all
persons whomsoever,
* "Grantor" and "grantee" are used for singular or plural, as context requires,
(~'~~,/
.' ,~/c_/~c.~,~>ci9c;,~/,. .;:~')
NeI"soh C. VOge~~hrdi viC;:UXally
as ~rustee u/cfl~februahrl1,
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Cr-)!.~ .c;,~ '//. (./o-<<.C j (Seal)
Elsie M. Vogel, iR ividually and
as Trustee u/d/t February 11, 197fSeal)
(Seal)
and
1 97 fSeal)
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTlFYthaf on this day before me, an officer duly qualified to take acknowledgments, personally appeClr;~;..,
Nel~on C. Vogel" in~i:,idually and as Trustee u/d/t ~ebruary 11~...~~:7'~ angj:\1~':
ElsJ.9 M. Vogel, lndJ.vlqual,ly and as Trustee ~/d/t Feoruarv 11 .1.976. ;;;/:;,"
to me known to be the person S deSCribed In and who executed the foregOing Instrument and acknowJe~ge~:.Befor::f11!1 Ahat
the yexecuted the same, J (>\~
WITNESS my hand and official seal in the County and State last afo~resaidhis c:13 _ day Of~lV. ::.'./.'. '" '..
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Y commiSSion explres:M C ;. '. nonUir;,};:,,;,pt~ry". ,u~lt" i .
Y omm.sslon Expires Aug. f2 JOGA ~:> ,(;;:,/,;. .
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EXHIBIT A
OJ" 6 3 8 9 FAGE 1. 53 0
LEGAL DESCRIPTION -
A tract o~ land lying within the Northwe.t 1/4 o~ Section
29 South, Range 16 Eest, Cleerweter, Pinella. County,
being .ore perticulerly de.cribed e. ~ollow.:
7,Town.hip
Floride end
Co...nce at the Northwe.t corner o~ .eid Section 7; thence
S89-3!l'50uE, elong the North line o~ the Northw..t 1/4 o~ .eid Section
7, ~or S5.00 ~eet to the Eest right-of-wey line of Belcher Road:
thence SOO-04'SluE, elong aeid Eeat right-o~-wey line end elong a I1ne
being ~5.00 feet Eeat of and parellel to the W..t line of the
Northw..t 1/4 of .aid Section 7, .... alao being the beering beais of
this description, for 480.50 feet to the Southwest corner of that
property deacrib.d in O.R. Book 6247 on page 1429 .nd being the POINT
OF BEGINNING; thence S89-35'50uE, along the South line o~ said
prop.rty, .nd .long a line 480.48 ~eet South of .nd perallel to the
North line of said Northwest 1/4, for 390.04 feet to the center of a
aanitary .anhol.: thence continue S89-35'50"E, along seid perellel
line, for 272.65 feet to the centerline of a creek; thence
southeasterly approx~mately 850 feet elong sald centerllne. seme also
being the westerly bounds of that certain property descrlbed in O.R.
Book 5851, on page 1012, the following nine (9) courses being used for
closure purposes; ( 1) thence S33 - 42' 24"E, for 10.60 feet; (2) thence
S20"46'23"E, for 139.50 feet; (3) thence S01"02'42"E, for 100.92 feet;
(4) thence S26.41'04"E. for 42.96 feet; (5) thence N83.42'51"E, for
33.70 :feet; (6) thence S6S-S3'11"E, :for 50.08 :feet; (7) thence
S54.S2'27"E, :for 146.40 feet; (8) thence S47-12'36"E, for 199.78 feet;
(9) thence S79-S3'47"E, for 93.99 :feet; thence, leevJ.ng seid creek
centerline, S89.36'10"E, for 95.00 feet to the perpendicular
intersection with the Eest line o:f the Northwest 1/4 o:f the Northwest
1/4 o:f seid Section 7; thence SOO.23'50"W, elong said Eest line, for
324.98 :feet to the Southeest corner o:f the Northwest 1/4 o:f the
Northwest 1/4 o:f seid Section 7; thence N89.44'07"W elong the South
line o:f the Northwe.t 1/4 o:f the Northwe.t 1/4 o:f said Section 7. :for
232.83 feet to a point on the northeaaterly right-of-way line oi a
60.00 foot Seaboerd Coaat Line Reilroad right-oi-way; thence
N72-45'16"W, along said northeaaterly line, for 1085.20 ieet to the
Eaat right-oi-way line o:f 8elcher Roed; thence NOO.04'~~ along said
Eeat line end along a line 55.00 f..t Eeat oi end pere~el to the West
line of the Northwest 1/4 of seid Section 7, :for 539.23 feet to the
POINT OF BEGINNING, end conteining 15.78 acres, aore or 1....
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: Pua\..lc.... M~Nlo
Cev'L,., Fie A'rC
PUBLIC MRRTINO C J COPY ON"-Y
5
s'rA'rn OF P'JOIUf)A
COUNTY 01' PINRI..'JAS
Wo, tho undersigned Mayor and members of the City Commission of the City
oC Clcarwater, Florida (the "City"), recognizing that the purchaser of the $980,000
PromlsRory Note of the City dated December 29, 1988 (the "Note"), will have purchased
sold Note in reliance upon this certificate, do hereby certify, individually and collectively,
that no two or more members of the City Commission, meeting together, reached any
prior concluRlon as to whether the actions taken by the City Commission, with respect to
sold Note, the sccurlty therefor and the application of the proceeds thereof, should or
should not be taken by the City Commission, or should or should not be recommended as
an action. to be taken ,or not to be taken by the City Commission, except at public
meetings of the City Commission held after due notice to the public was given in the
ordinary manner required by law and custom of the City Commission.
IN WITNESS WIIEREOF, we have hereunto affixed our official signatures this
day or Decm er, 1988.
(,/9<'711 ~mY'-f'/)
Don Winner
~/1';. ~ ~
'//.f't "IA/t ';-1.v/J V)
I liam ~nama~er .
JameR L. BorCleld
LC.~
Sworn to and Ruhscrll>ed beCore me this
;.rj'c. day oC D~oeml>er, 1988.
) I '1
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L~.ge
Notarv Pu""c, $'n'" nr FrnrrJ<< ---
lJIy (ollllalssloll rxpirrli Oct. 31, 1991
"'. hudollltu" 11\1)' rUhloln,ulanulnc. .
(....
LIO~-12/21/88-207 AA-2821
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared Affiant who,
being first duly sworn, deposes and says that:
1. Affiant is the owner of that real property located in Pinellas
County, Florida, and legally described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
2. Owner has possession of the property, and there is no other person in
possession with any rights or tenancies in the aforesaid property unless
listed or otherwise noted.
3. No Notice of Commencement affecting the above-described property has
been executed, recorded, or posted by Affiant.
4. There are no unrecorded labor, mechanics, or materialmen's liens
against the property, and no labor has been performed upon or materials fur-
nished to the above-described property for which payment in full has not been
made or for which valid liens could be filed. Affiant knows of no state or
federal judgment or lien of any kind or nature whatever upon the above-
described property.
5. There are no unpaid or pending bills or assessments for electricity,
water, sewage, garbage, or any utility or service provided to the above-
described property.
6. There are no unpaid bills, liens, or assessments for sanitary sewers,
paving, utility installation or service, or other improvements made by any
public utility or any governmental agency, and no notice has been received of
any public hearing regarding pending or future assessments for improvements
by any governmental agency.
7. There are no unpaid or pending periodic maintenance or management
charges or assessments due any property owners, homeowners, or condominium
association. There are no payments due or unpaid under the terms of any
recreation lease or ground lease affecting the above-described property.
8. There are no outstanding unrecorded contracts of sale, deeds, leases,
options, conveyances or mortgages affecting the title to the above-described
property.
9. There are no unrecorded easements or rights-of-way created through
use or adverse interest with respect to the above-described property.
10. That there are no violations or breaches of any covenants, condi-
tions or restrictions applicable to the above-described property, including,
but not limited to, building set back violations, and in the event of such
violations or breaches, Affiant hereby agrees and does indemnify Richards,
Nodine, Gilkey, Fite, Meyer & Thompson, P.A. and Attorney's Title
Insurance Fund from any liability, loss, claim or
cause of action arising out of or in any way relating to any violations or
breaches of any such covenants, conditions or restrictions.
11. Affiant makes the above representations effective as of the execu-
tion hereof and also represents that between the date of execution of the
affidavit and the recording of the instrument evidencing the interest to be
insured that no action will be taken that will alter the representations made
above or otherwise adversely affect the interest to be insured.
This affidavit is made for the purpose of inducing Richards, Nodine,
Gilkey, Fite, Meyer & Thompson, P.A., to issue title insurance on the
above-described property~ and City of Clearwater
to purchase and make final payment for the above-described property; and
N/A to make a mortgage
N/Ac~~ on the above-described
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loan to
property.
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~l er Nelson C.)Vo~el, iridividually and
Il .as\,~rus'~e,e u/d~t February 11,1976
yt.,d-e 1/7. L /~ /-C
S ller Elsie M. V gel, individually and
a~Trustee Wd/t Febr.uary. 11., 1976
this p<~ _ day of ~~f~l 19J1i!.
11~ ~ ;j)~
Not~y Public ~ ....
'- :::-,/>
"
Sworn to and subscribed before me
#9347A
Expires:
Hota~ ~ublic. State of Florida
My CommIssIon Expires Aug. ll. 1990
/lo.ded Th,u T,oy f'i.-j
II. _ nsurlnc) In~
My Commission
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EXHIBIT A
LEGAL DESCRIPTION -
A tr.ct oL l.nd lying within the Northw.st 1/4 of Section
29 South, R.nge 16 East, Clearw.ter, Pinellas County,
being .ore p.rticularly described as follows:
7,Township
Florida and
Coa.ence .t the Northwest corner of said Section 7: thence
S89-3s'sonE, .10ng the North line of the Northweat 1/4 0% said Section
7, for 55.00 feet to the East right-of-way line of Belcher Road:
thence SOO-04'Sl..E, along aaidE.at right-oi-way line and along a line
being 55.00 feet Eaat of .nd p.r.llel to the Weat line of the
Northweat 1/4 of said Section 7, .... also being the bearing basis of
thia description, for 480.50 feet to the Southwest corner of that
property described in O.R. Book 6247 on page 1429 and being the POINT
OF BEGINNING: thence S89-3S'50"E, along the South line of said
property, and along a line 480.48 feet South of and parallel to the
North line of said Northwest 1/4, for 390.04 feet to the center of a
sanitary .anhole: thence continue S89-35'SO"E. along said parallel
line, for 272.65 feet to the centerline of a creek: thence
southeasterly approximately 850 feet along saId centerlIne. same elso
being the westerly bounds of that certain property described in G.R.
Book 5851. on page 1012. the following nine (9) courses being used for
closure purposes: ( 1) thence S33- 42' 24"E, for 10.60 feet: < 2) thence
S20-46'23"E, for 139.50 feet: (3) thence SOl-02'42"E, for 100.92 feet:
(4) thence S26-41'04"E, for 42.96 feet: (S) thence N83-42'51"E, for
33.70 feet: (6) thence S6S-S3'11"E. for 50.08 feet: (7) thence
S54-S2'27"E, for 146.40 feet: (8) thence S47-12'36"E, for 199.78 feet:
(9) thence S79-S3'47"E, for 93.99 feet: thence, leaving said creek
centerline, S89-36'10"E, for 95.00 feet to the perpendicular
intersection with the East line of the Northwest 1/4 of the Northwest
1/4 of said Section 7: thence SOO-23'SO"W. along said East line, for
324.98 feet to the Southeast corner of the Northwest 1/4 of the
Northwest 1/4 of aaid Section 7: thence N89-44'07"W along the South
11ne of the Northwest 1/4 of the Northwest 1/4 of said Section 7, Lor
232.83 feet to a point on the northeaaterly right-of-way line of .
60.00 foot S.aboard Coast Line Railroad right-oi-way: thence
N72-45'16"W, along said northeaaterly line. for 1085.20 ieet to the
Eaat right-of-way line of Belcher Road: thence NOO.04'Sl"W along aaid
Ea.t line and along a line 55.00 feet East of and parallel to the West
line of the Northwest 1/4 of .aid Section 7, for 539.23 feet to the
POINT OF BEGINNING. and containing 15.78 acres. aore or leas.
ISame coverage as Ame can Land Title Association Owner's Policy - Form A 1 70 - Amended 10-17-70)
OWNER'S TITLE INSURANCE POLICY
Attorneys'TItle Insurance Fund
ORLANDO, FLORIDA
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B
AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, ATTORNEYS' TITLE
INSURANCE FUND, a business trust, herein called The Fund, insures, as of Effective 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 Fund 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; or
3. Lack of a right of access to and from the land.
In Witness Whereof, ATTORNEYS' TITLE INSURANCE FUND has caused this policy to be signed and sealed in
its name by its President and Executive Secretary, by direction of its Board of Trustees, to become binding
when countersigned by a member of The Fund.
Attorneys' Tide Insurance Fund
~~
Charles J. Kovaleski
President and Executive Secretary
SERIAL
op-
726832
FUND FORM OP (9/85 OS) SOM)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning
ordinances) restricting or regulating 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 reduction in the dimensions or area of the land, or the
effect of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such
rights appears in the public records at Effective Date of policy.
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 Fund and not shown by the public records but known to
the insured claimant either at Effective 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 Fund 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 created subsequent to Effective 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.
4. The refuSal of any person to purchase, lease or lend money on the estate or interest covered hereby in
the land described in Schedule A.
I
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FUND OWNER'S FORM
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SCHEDULE A
Policy or
Guarantee No, : OP-7 2 6 8 3 2
Effective Date: December 23, 1986 M~mber's File Reference: R-14 952
at 7:08 P.M.
Amount of Insurance: $ 1, 475 , 824 . 50
1. Name of Insured: City of Clearwater
2. The estate or interest in the land described herein and which is covered by this policy or guarantee is a fee simple (if
other, specify same) and is at the effective date hereof vested in the named insured as shown by instrument recorded in
Official Records Book 6389 , Page 1529 , of the Public Records
of pinellas County,Florida.
3. The land referred to in this policy or guarantee is described as foUows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
ISSUED BY
(Attorney or Firm of Attorneys)
237
MEMBER NO.
/
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(~~,(/~/
ATTORNEY-MEMBER'S SIGNATURE
RICHARDS, NODINE, GILKEY,
FITE, MEYER & THOMPSON, P.A.
i
\.
(Mailing Address)
Clearwater
(City)
Florida,
33516
1253 Park Street
(Zip)
FUND .Form OG/OP/OPM-SCH. A (Rev, 1/77) (11/82 DSI 16M)
. ;
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FUND OWNER'S FORM
I
SCHEDULE B
Policy~Qif~ No,: OP-726832
This policy or guarantee does not insure against loss or damage by reason of the following exceptions:.
I, Taxes for the year of the effective date of this policy or guarantee and taxes or special assessments which are not shown as
existing liens by the pu bhc records.
2, Rights or claims of parties in possession not shown by the public records.
3, Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey
and inspection of the premises,
4, Easements or claims of easements not shown by the public records,
5. 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.
6. Easement to Florida Power Corporation recorded March 28, 1957, in
O.R. Book 105, Page 10, and as amended in O.R. Book 3919, Page
581, Public Records of Pinellas County, Florida.
7. Easement to Florida Power Corporation recorded June 22, 1958, in
O.R. Book 261, Page 458, and re-recorded in O.R. Book 286, Page
596, Public Records of pinellas County, Florida.
8. Easement to City of Clearwater recorded May 15, 1968, in O.R.
Book 2833, Page 516, Public Records of pinellas County, Florida.
9. Easement to City of Clearwater recorded July 9, 1969, in O.R.
Book 3117, Page 337, Public Records of pinellas County, Florida.
10. Easement to Florida Power Corporation recorded July 31, 1970, in
O.R. Book 3370, Page 168, Public Records of pinellas County,
Florida.
11. Right-of-Way recorded November 15, 1976, in O.R. Book 4478, Page
629, Public Records of pinellas County, Florida.
12. EaS28ent recorded March 14, 1977, in O.R. Book 4520., Paae 1939,
Public Records of pinellas County, Florida.
NOTE:
Item Numbers 2, 3 and 5 above are hereby deleted.
FUND Form OG/OP/OPM-SCH, B (Rev. 1/77) (5/85 DSI 50M)
"
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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 Fund may have had
against the named insured, those who succeed to the
interest of such insured by operation of law as
distinguished from purchase including, but not limited to,
heirs, distributees, devisees, survivors, personal
representatives, next of kin, or corporate or fiduciary
successors.
(b) "insured claimant": an insured claiming loss or
damage hereunder.
(c) "knowledge": actual knowledge, not constructive
lmowledge 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 Conveyance of Title
The coverage of this policy shall continue in force as of
Effective 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 Fund, 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 to the extent that such litigation is
founded upon an alleged defect, lien, encumbrance, or
other matter insured against by this policy.
(b) The insured shall notify The Fund promptly in
writing (i) in case any action or proceeding is begun as
set forth in (a) above, (ii) incase knowledge shall come
to an insured hereunder of any claim of title or interest
which is adverse to the title to the estate or interest as
insured, and which might cause loss or damage for which
The Fund may be liable by virtue of this policy. If such
prompt notice shall not be given to The Fund, then as to
such insured all liability of The Fund 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 insured under this policy unless The Fund shall
be prejudiced by such failure and then only to the extent
of such prejudice.
(c) The Fund shall have the right at its own cost to
institute and without undue delay prosecute any action or
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 Fund 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 Fund shall have brought any action
or interposed a defense as required or permitted by the
provisions of this policy, The Fund 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 Fund to prosecute or provide for the defense of any
action or proceeding, the insured hereunder shall secure to
The Fund the right to so prosecute or provide defense in
such action or proceeding, and aU appeals therein, and
permit The Fund to use, at its option, the name of such
insured for such purpose. Whenever requested by The
Fund, such insured shall give The Fund all reasonable aid
in any such action or proceeding, in effecting settlement,
securing evidence, obtaining witnesses, or prosecuting or
defending such action or proceeding, and The Fund 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
Fund is liable under this policy shall be furnished to The
Fund 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 Fund
under this policy as to such loss or damage.
5. Options To Payor Otherwise Settle Claims
The Fund shall have the option to payor otherwise
settle for or in the name of an insured claimant any claim
insured against or to terminate all liability and obligations
of The Fund hereunder by paying or tendering payment
of the amount of insurance under this policy together
with any costs, attorneys' fees and expenses incurred up
to the time of such payment or tender of payment, by the
insured claimant and authorized by The Fund.
6. Determination and Payment of Loss
(a) The liability of The Fund under this policy shall in
no case exceed the least of:
(i) the actual loss of the insured claimant; or
(ti) the amount of insurance stated in Schedule A.
(b) The Fund will pay, in addition to any loss insured
against by this policy, all costs imposed upon an insured
in litigation carried on by The Fund for such insured, and
all costs, attorneys' fees and expenses in litigation
carried on by such insured with the written
authorization of The Fund.
(c) When lia~ility has been definitely fixed in
accordance with the c<?nditions 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 Fund, 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 Fund.
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
CONDITIONS AND STIPULATIONS (continued on reverse side)
CONDITIONS AND STIPULATIONS (continued)
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 Fund.
9. Liability Noncumulative
It is expressly understood that the amount of insurance
under this policy shall be reduced by any amount The
Fund 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 Fund 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 if the amount of insurance under this policy
was divided pro rata as to the value on Effective Date of
policy of each separate parcel to the whole, exclusive of
any improvements made subsequent to Effective Date of
policy, unless a liability or value has otherwise been
agreed upon as to each such parcel by The Fund 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 Settlement
Whenever The Fund shall have settled a claim under
this policy, all right of subrogation shall vest in The Fund
unaffected by any act of the insured claimant. The Fund
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
Fund such insured claimant shall transfer to The Fund all
rights' and remedies against any person or property
necessary in order to perfect such right of subrogation and
shall permit The Fund 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 insured claimant, The Fund 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 Fund, in that event,
shall be required to pay only that part of any losses
insured against hereunder which shall exceed the amount,
if any, lost to The Fund 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 Fund is
the entire policy and contract between the insured and
The Fund.
Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the t!tle
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, or
member of The Fund.
13. Notices, Where Sent
All notices required to be given The Fund and any
statement in writing required to be furnished The Fund
shall be addressed to its principal office at 32 West Gore
Street, Post Office Box 2671, Orlando. Florida 32802,
About your policy.. .
This policy provides valuable title protection, You should keep it in a safe place where it will be readily available for future reference,
There is no recurring premium.
Your policy is underwritten by Attorneys' Title Insurance Fund, the nation's first bar-relatedTM title insurer. Founded in 1947 as a
business trust under the insurance laws of the State of Florida, The Fund exists so that member attorneys can provide real estate
consumers with the extended protection of title insurance in addition to their other legal services.
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I
EXHIBIT A
LEGAL DESCRIPTION -
A tract o~ land lying within the Northweat 1/4 of Section
29 South, Rante 16 Ee.t, Cl.orwater, Pin.llo. County,
b.ing .or. particularly d..crib.d a. follow.:
7,Town.hip
Florida ond
Co...nc. at the Northw..t corner of .oid S.ction 7: th.nce
S89.3~'~oooE, .10ng the North 11n. ot the Northw..t 1/4 of .aid S.ction
7, for 55.00 f..t to the Eo.t right-of-way 11n. of Belcher Rood:
th.nc. SOO-04'~lOOE, .10ng .oid Ee.t right-of-wey 11n. ond olong a line
b.ing ~S.OO f..t Eo.t of end porell.l to the w..t line of the
Northw..t 1/4 of .oid S.ction 7, .... 01.0 being the b.aring b..i. of
thi. d..criptlon, for 480.50 f..t to the Southw..t corn.r of that
prop.rty de.crib.d in O.R. Book 6247 on pog. 1429 end b.ing the POINT
OF BEGINNING; th.nce S89-35'50ooE, olong the South line of .01d
prop.rty, ond along a line 480.48 fe.t South of and poroll.l to the
North 11ne of .oid Northwest 1/4. for 390.04 f.et to the center of a
.anitory .anhol.: t.henc. continue S89-35'SO"E. along aaid parallel
11ne. for 272.65 feet. t.o the cent..rl~ne of a creek: t.hence
.out.heoat.erly opprox~motely 850 feet o:ong s01d cent~rl~ne. some .~so
being the westerly bounds of that cer~aln property descr:bed 1n O.R.
Sook 5851, on poge 1012, the following n~ne <9> courses oe~ng used for
closure purpo..a: (1) thence S33-42'24"E, for 10.60 feet: (2) thence
S20-46'23"E, for 139.50 fe.t; (3) thence SOl-02'42"E. for 100.92 feet;
(4) thence S26.41'04"E, for 42.96 feet: (5) thence N83-42'51uE, for
33.70 f..t.; (6) t.hence S65-53'11IOE, for 50.08 feet; (7) t.hence
SS4.~2'27uE, for 146.40 feet: <8> t.hence S47-12'36"E, for 199.78 feet;
<9> th.nc. S79-S3'47"E, for 93.99 feet: t.hence, leov~ng aa~d creek
c.nt.rllne, S89-36'10uE, for 95.00 feet to the perpendlcular
int..r..ction with the Eaat line of the Northweat 1/4 of the Northwest
1/4 of .01d Section 7: thence SOO-23'50"W. along aald East 11ne, for
324.98 f.et t.o the Southeast. corner of the Northwest 1/4 of the
Northw..t 1/4 of .oid Section 7: thence N89-44'OT'W along the South
line of the Nort.hweat 1/4 of the Northwe.t 1/4 oi .old Section 7, for
232.&3 i..t to a point. on the north.o.terly right-oi-way line of a
60.00 foot S.aboord Coo.t Line Roilroad right-of-way; thence
N72-4S'16"W, along .aid northeo.t.rly 11ne, for 1085.20 feet t.o the
Eo.t right-of-way line of 8elcher Roed; thence NOO.04'51"W along .aid
Eo.t 11ne ond along a I1ne 55.00 f..t Eo.t of and porollel to the W..t
line oi the Northweat 1/4 of .aid Section 7, for 539.23 feet to the
POINT OF 8EGINNING. ond contolning lS.78 acr... aore or 1....
I I
. I' LAW OFFICES OF r
RIGHARDS, NODUJE, GILKEY, FITE, MEYER & TtIOMPSON, P.A.
12~3 PARK STREET
,GLEARWATER, FLORIDA 33~16
PURCHASER'S CLOSING STATEMENT
PI{OPERTY:
City of Clearwater
Nelson C. Vogel, individually & as Trustee
Elsie M. Vogel, individually & as Trustee
Section 7, Township 29 south, Range 16 East, Pinellas County
PURCHASER:
SELLER:
DATE:
- - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
December 23, 1986
EXPENSES TO PURCHASER:
Purchase Price of Property
Pro,ratashare, prepaid current real estate taxes
f ro'!l '._.m'__ _ . ....____._.._ ____.___ to :~,.-.
Recor~ing Deed
$ 1,475,824.50
.t
9.00
'[ nul) I:-,~xl'('ns('s
$ 1,475,833.50
"
. .'.' ~.
I.ESSCred,its,t'o P~irchaser
Previously p'a:id ,',
Pro.ra'ta share:unpaid current real
estate taxes from __._._
$
100.00
_._,,_ ,,__ to
Purchase Money Mortgage
:V1ortgage being assumed
('otal Crt>dits:'
$
100.00
CASH DUE FROM PURCHASER AT Ct.QSING ...._......m..m....................................
$ 1,475,733.50
Purcha~r
Purcha~r
FORWARDING ADDRESS:
~
(Same co!/. rage as American Land Title Association Commitment 1966 Rev,)
COMMITMENT
Attomeys'TItle Insurance Fund
ORLANDO, FLORIDA
COMMITMENT TO INSURE OR GUARANTEE TITLE
ATTORNEYS' TITLE INSURANCE FUND, a business trust, herein called The Fund, for a valuable
consideration, hereby commits to issue its policy or policies of title insurance or guarantee of title, 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; 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 Insured and the amount of the
policy or policies or guarantee committed for have been inserted in Schedule A hereof by The Fund, either
at the time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance or guarantee of
title and all liability and obligations hereunder shall cease and terminate six months after the effective date
hereof or when the policy or policies or guarantee committed for shall issue, whichever first occurs, provided
that the failure to issue such policy or policies or guarantee is not the fault of The Fund,
In Witness Whereof, ATTORNEYS' TITLE INSURANCE FUND has caused this Commitment to be signed and
sealed in its name by its President and Executive Secretary, by direction of its Board of Trustees, to become
binding when countersigned by a member of The Fund.
Attorneys' Title Insurance Fund
By!ke 8, ~
Paul B". Comstock
President and Executive Secretary
SERIAL
c- 781744
I FUND COMMITMENT FORM ,
SCHEDULE A
Commitment No.:C-78l744 EffectiveDate:December 2, 1986
at 8:00 A.M.
Member's File Reference: R-149 5 2
I. Policy or Policies or Guarantee to be issued:
Proposed Amount of Insurance
OWNER'S:
$ 1,475,824.50
Proposed Insured:
City of Clearwater
MORTGAGEE:
$
Proposed Insured:
2. The estate or interest in the land described or referred to in this commitment is a fee simple (if other, specify same) and
title thereto is at the effective date hereof vested in:
Nelson C. Vogel, individually and as Trustee u/d/t February
11, 1976 as to an undivided 1/2 interest and Elsie M. Vogel,
indivi~ual1y and as Trustee u/d/t February 11, 1976, as to
an undivided 1/2 interest
3. The land referred to in this commitment is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
(Attorney or Firm of Attorneys)
237
MEMBER NO,
ISSUED BY
RICHA~DS, NODINE, GILKEY,
FITE, MZYER & THOMPSON, P.A.
1253 Park Stre,::,t
(Mailing Address)
Clearwater
(City I
Florida 33516
(Zip)
FUND Form C-SCH. A (12f84 DSI 75M)
" )'
.1 FUND COMMITMENT FORM I
SCHEDULE B
Commitment No,: C-781744
I. The following are the requirements to be complied with:
I, Payment of the full consideration to, or for the account of, the grantors or mortgagors,
2, Instruments creating the estate or interest to be insured which must be executed, delivered and fIled for record:
a. Warranty Deed from Nelson C. Vogel, individually and as Trustee
u/d/t February 11, 1976 as to an undivided 1/2 interest and
ElsieM. Vogel, individually and as Trustee u/d/t February 11,
1976, as to an undivided 1/2 interest to City of Clearwater
conveying title to the herein described.
II, Schedule B of the policy or policies or guarantee to be issued will contain exceptions to the following matters unless the
same are disposed of to the satisfaction of The Fund:
I, Defects, liens, encumbrances, adverse claims 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 covered by this commitment.
2, Any owner policy or owner guarantee issued pursuant hereto will contain under Schedule B the standard exceptions
set forth at the inside cover hereof. Any mortgagee policy will contain under Schedule B the standard exceptions
unless an affidavit of possession and a satisfactory current survey are submitted, an inspection of the premises is
made, it is determined the current year's taxes or special assessments have been paid, and it is determined there is
nothing of record which would give rise to mechanics' liens which could take priority over the mortgage (where the
liens would otherwise take priority, submission of waivers is necessary).
3. Easement to Florida Power Corporation recorded March 28, 1957, in
O.R. Book 105, Page 10, and as amended in O.R. Book 3919, Page
581, Public Records of Pinellas County, Florida.
4. Easement to Florida Power Corporation recorded June 22, 1958, in
O.R. Book 261, Page 458, and re-recorded in O.R. Book 286, Page
596, Public Records of pinellas County, Florida.
5. Easement to City of Clearwater recorded May 15, 1968, in O.R.
Book 2833, Page 516, Public Records of pinellas County, Florida.
6. Easement to City of Clearwater recorded July 9, 1969, in O.R.
Book 3117, Page 337, Public Records of pinellas County, Florida.
7. Easement to Florida Power Corporation recorded July 31, 1970, in
O.R. Book 3370, Page 168, Public Records of pinellas County,
Florida.
FUND Form C-SCH. B (12(84 DSI 75M)
.1 FUND CONTINUA TlON SHEET I
(SCHEDULE B
CONTINUED)
Commitment, 96KdyJ6KG~ No.: C-781744
8. Right-of-Way recorded November 15, 1976, in G.R. Book 4478,
Page 629, Public Records of pinellas County, Florida.
9. Easement recorded March 14, 1977, in G.R. Book 4520, Page
1939, Public Records of Pinellas County, Florida.
FUND Form CS (5,84 DSI 40M)
; .
I
EXHIBIT A
I
That part of the NWt of the NWt of Section 7. Township 29S. Ranle 16E. Pinellas
County. Florida. further described as follovs: Begin at the NW corner of said
Section 7 for a P.O.B.. thence S 00009'36.4" E. along the west line of said Section 7.
1.003.24' to the north right-of-way of the Seaboard Coastline Railroad. said right-
pf-way being 60.00' wide; thence S 72049'06.3" E. along said right-of-way. 1.143.31'
to the south line of said NWi of the NWt; thence S 89048'39.9" E. along the 40 acre
line. 232.66' to the southeast corner of said NWi of the NWt; thence N 0019'01" E.
along the 40 acre line. 324.98'; thence N 89040'59" W, 95.00' to the centerline of
a creek; thence along said centerline the next 12 calls. along a curve to the right.
radius 240.00'. arc 235.66'. chord 226.31'. chord bearing N 61033'11.5" W. thence
along a curve to the left. radius 170.00'. arc 107.90'. chord 106.10'. chord bearina
N 51036'21.1" W; thence along a curve to the right. radius 90.00'. arc. 36.46'.
chord 36.22'. chord bearing N 58010'53.5" W; thence N 46036'28.8" W. 51.58'; thence
along a curve to the left, radius 90.00'. arc 51.82'. chord 51.10'. chord bearing
N 63004'07" W; thence N 79033'45.3" W. 23.24'; thence along a curve to the right.
radius 45.00'. arc 59.82'. chord 55.51'. chord bearing N 41028'40.5" W; thence
N 3023'38.5" W, 100.00'; thence N 21001'02.6" W. 160.00'; thence along a curve to
the'right. radius 235.00'. arc 199.96'. chord 193.99'. chord bearing N 3021'33.4" E;
thence along a curve to the left. radius 100.00'. arc 53.14'. chord 52.52'. chord
bearing N 12030'46.9" E; thence N 2042' 35.6" W, 221.49' to the north line of said
Section 7; thence N 89042'33.4" W. along said north line. 727.91' to the P.O.B.
Containing 24.38 acres more or less. less the following tract conveyed to the
Salvation Army by Warranty Deed recorded in OR Book 6247. Page 1420 of the Public
Records of Pinellas County. Florida.
A parcel of land lying in the NWi of the NWi of Section 7.
Township 29S. Range l6E. Pinellas County. Florida. being more
specifically described as follows:
COMMENCING at the Northwest corner of said Section. being
monumented by a Pinellas County Engineering Department brass
disk; THENCE S 89052'55" E. along the North line of said Section,
a distance of 55.00 feet, to the East R/W of Belcher Road, to the
POINT OF BEGI~~ING.
THENCE S 00019'58" E, along the East R/W line of Belcher Road,
a distance of 480.50 feet to a point having a bearing of
N 89052'55" W, from the center of a sanitary manhole 390.04 feet
distant to the East.
TH~CE S 89052'55" E, being parallel with the North line of said
Section 390.04 feet to the center of said manhole.
THENCE continuing S 89052'55" E, a distance of 274.29 feet to the
thread of Alligator Creek.
THENCE Northerly, along the thread of said creek, the following
calls:
BEARING
N 13057'19" W
N 00003'17" W
N 05052'59" E
N 17034'46" E
N 08048'23" E
N 03026'47" W
N 02020'38" W
DISTANCE
19.23'
52.23'
46.93'
56.12'
92.03'
121.60'
97.13 '
to the North line of said Section.
H
THENCE N 89052'55" W, along the North line of said Section, a
ciistance of 687.00 feet, to the POINT OF BEGI~~ING and less the
west 55 feet conveyed to Pine11as County for right-of-way for
Belcher Road.
" -....-...-~' ---........-~- ~; _.r....;.;:...-.'~ ..,;,;.,.~ ;-- -;:;.,,,_'...._ _.--:::::;,~~:.:~~_~_" ~ _,~...-;~_ -"_'.
::r=:
~.... '--~"-'
I
STANDARD EXCEPTIONS
i
The owner policy or owner guarantee will be subject to the mortgage, if any, noted under item two of
Section I of Schedule B hereof. All policies and guarantees will be subject to the following exceptions: (1)
taxes for the year of the effective date of this Commitment and taxes or special assessments which are not
shown as existing liens by the public records; (2) rights or claims of parties in possession not shown by the
public records; (3) encroachments, overlaps, boundary line disputes, and any other matters which would be
disclosed by an accurate survey and inspection of the premises; (4) easements, or claims of easements, not
shown by the public records; (5) 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.
CONDITIONS AND STIPULATIONS
1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security
instrument.
2. 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 Fund in writing,
The Fund shall be relieved from liability for any loss or damage resulting from any act of reliance hereon
to the extent The Fund is prejudiced by failure to so disclose such knowledge. If the proposed Insured
shall disclose such knowledge to The Fuud, or if The Fund otherwise acquires actual knowledge of any
such defect, lien, encumbrance, adverse claim or other matter, The Fund at its option may amend
Schedule B of this Commitment accordingly, but such amendment shall not relieve The Fund from
liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of The Fund 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 or guarantee 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 or guarantee committed for and such
liability is subject to the insuring provisions, the Exclusions from Coverage and the Conditions and
Stipulations of the form of policy or policies or guarantee 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 Insured may have or may bring against The
Food 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.
COMMITMENT
to
INSURE or GUARANTEE
TITLE
Attorneys'
ntle Insurance fund
ORLANDO, FLORIDA
OFFICES AT 32 W. GORE STREET
ORLANDO, FLORIDA
;Y'
',:F.'LSC;\J C. VOGE, ind:'Vi61'::y CONTRACT FOR SALE AND PU:.:HASE SAR/FAR Form No 2
"and a~ T~ustee uiciit Feb'ary ~, L_q &5;0 a~ UnG~Vl e~~/L lnterest and ELSIE M. VOGEL,
PARTIES: inaividuallv a~la &S"'';rustee u d./ t l'eoru2::'-y 11., 1976 as to an undivided 1/2 intere,!it:"seller",
01. 1600 Old Coachman Ro.. 11508 Clearw&ter 33575 (Phone 796-7506 I,
Ind Ci tv of Clearwater , Fiorida , .s '"Buyer",
01 P. O. Box 4748, Clearwater, Fl 335i8 (Phone 462-6638 ),
hereby egree thet the Seller shell sell and Buyer shall buy the following property upon the following terms and conditions WHICH INCLUDe the St8ndards For
Real Estate TransDctlons on the reverse hereof or uttached herelo. hereinaflcr rererred to as "StOJnOOJrd(s)".
"
,~
I,
DESCRIPTION:
(a) Legal description 01 real eSlate located in
Pinellas
County. F lor ids:
Exhibit "A" attached hereto and made a part hereof
(b) Street address. if any. of the property being conveyed is
(c) Personal property included: ~one
NIb.
II.
PURCHASE PRICE: ' , , , , . , , . , . , , , ' , . , , . . , , .
PAYMENT:
(a) Deposit(s) to be helq in esCloII'! Qy Richards,
upon executlon oy ouyer.
(b) Subject to AND assumption of Mortgaga in fevor of
, ' $
1,459,925.00*
Nodine Trust Account and paid
in the amount of. .
,$
100.00
interest S
bearing interest at " per annum and payable as to principal and
per month. having en epproximal8 present principal balance of. . $
N/A
(c)
Purchase money mortgage and note bearing interest at
principal amount of . . . . . . . . . . . . . . . . . . . ..
% on terms set forth herein below. in the
TOTAL
$ N/A
$ N/A
,$ 1.459,625.00
.$ 1,459.925.00*
(d)
(el
Other
Balance to close. (U.S. cash. certified or cashiers check) subject to adjustments and prorations.
111. FINANCING: If the purchase price or any part thereof is to be financed by. third party loan. this Contract for Sale and Purchase. hereinafter referred to as
"Contr.ct'". I. conditioned upon the Buy.r obtaining a firm commitment for I.id 10." within days from dete hereof. at an interest rete not to eKc..d
%: term of _ years; and in the principal amount 01 $ . Buyer agree' to inak. application for. and to u,. rea.onable dill.
gence to Obtain said loan. Should Buyer fail to obtain same. or to waive Buver's rights hereunder withan said time. either party rnay cancel Contract.
IV. TtTL E E V 10 E NC E: Within ,30 days from date of Contract. Seller shall. 8t his expense. deliver to Buyer or his attorney. in accordance with Standard A.
either (CHECK) 0 (1) or ~ (2): (1) abstract. or (2) title insurance commitment with fee owner's title policy premium to be paid by Seifer .' Ilesing.
V. TIME FOR ACCEPTANCE AND EFFECTIVE DATE: If this offer i. not executed by both of the parties heralo on or before Nov. 2 . 1986
the aforesaid deposith) shalt be. at the option of Buyer. returned to him and this offer shall thereafter be null and void. The date of Contract shall be the date
when the last one of tha Saller and Buyer has .igned this offar, or bef.t>.re
VI. ,CLOSING DATE: This transaction shall be closed end the deed and othar closing papers delivered on::t~ jU thday 01 December
19 8',6- , ,(ItiYA4~riKOBll}lv.:](t':lxrnKOlI>>JOXK~laXlICK
VII. 'RESTRICTIONS. EASEMENTS, LIMITATIONS: The Buyer .hall teke title .ubject to: Zoning, restrictions. prohibilions and olher reQuirements imposad by
governmentel authority; Restrictions and matters appearing on the plat or otherwise common to the !ubdivision; Public utility easements of record, (prOVided said
..sements ar. loceted contiguous throughout the property lines and are not more than 10 feet in width as to the rear or front Iinel and 7% feet in width as to the
side lines, unless otherwise wecified herein); Taxes for year of cloling and subseQuent years, assumed mortgages and purcnese money mortgages. if any;
other:
provided, however, that none of the foregOing shall prevent use of the property for the purpose 01 Parks and Recreation
VIII. OCCUPANCY: Seller represents that there .r. no parties in occupancy other than Seller. but if propef"ty is intended to be rented or occupied beyond
closing, the fact and term. thereof shall be stated herein. and the tenant h) shan b. disclosed pursuant to Standard <:;. Seller agrees to deliver occupancy of prope'ty
at time of closing unless otherwise specified below. If occupancy is to be delivered prior to closing. Buver .assumes all risk of loss to property from date of occu,
pancy, shall be responsible and liable for maintenance thereof from said date~ and shall be deemed to have accepted the property. real. and personal. in in existing
condition as of time of tek ing occupancy unless otherwise noted in writing. -
IX. ASSIGNABILITY: (CHECK ONE) Buyer Omey Issign [X] may not assign. Contract.
X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten'provisions inserted herein or attached hereto 8S Addenda shall control
all printed provisions in conflict therewith.
XI.,~SPECIAL CLAUSES,
1. The tract being conveyed is beiieved to contain 15.61 acres. Should a survey, to be
oraerea by the buyer, show a different acreage, the sale price will be adjusted accordingly.
Price per acre to be $93,525.00.
2. Financing mutuaily agreeable to both buyer and seller may be u.tilized to close this
transact~on, and in the event"'pyy~r_+_~LI~r_d..Q..1l9-.t_a.8r~~on financing, then the transactic
shall be closed for cash.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD,SEEK THE ADVICE OF AN ATTORNEY.FRIOR TO SIGNING,
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTOAs AlIIDl'HE FLORI1)KBAR
, ,-
COUNTERSIGNED:
(SEAL)
A
roved as
(SEAL)
(SEAL)
Ceposit's) under II (II received; if check, subject 10 clearance,
as Trustee
By;
(E scrow Agent)
BROKERAGE FEE: Seller agrees to pay the registered reel estate Broker named below, al time 01 clOSIng, from the disbursements 01 the proceeds of .ale, com.
pensation In the amount of % of gross purchase price for his services in effecting the sale by finding a Buyer. ready. willing and able- to purchase pursuant
to the foregoing Contr,' .t. In the event Buyer fails to perform and depositlsl is reteined, 50% thereof, but not exceeding the BrOkers fee above computed, shIll b..
paid to the Broker, es full consideration for Broker's services including costs expended by Broker, and the balanca shall be paid to Seller. If tha transaction shall not
be closed because of refusal or failure of Seller to parform. the Seller shall pay said fea in full to Broker on demand,
'SEAL)
(SEAL)
Cl~
R/J0
, .,~ 'u.C'
~y. : ](7m ( )
/......... . j' \ .' I ",
J ~i..:J,,/, 'J".... /
(Nema 01 Broker)
'Seller)
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(S.II.,\
STANDARDS Fon REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: [[] An..a..!2..ll.ulG of title prepared or brought current by a reputable and existing abstract firm (if not Cl(iSling then certified at correct by
.n l!t)dstlng firm) purporting to be an accurate synopsis of the instruments sHeeting the title to subject real propeny reco,c1p.u In tho public rrcord, 01 the county
wherein the land Is situoted, through d~te of Contract. An abstract st-:l all , ,commence w1th the earliest public records. or such Inter date :IS mav be cu'tomary In the
county wherein the land is situated. Seller shall convey 8 marketable tit,le in'B,ccordance with Title Standards anopteel from tinle to tiltle" hv The Florida Bar, sublect
o""v to liens. encumbrances, exceptions or qualifications set forth in this Contract end those which shall be discharged bv Seller at or before closin,9. ,Upon closing
of this transaction such abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee unlil fullv pBid; or llJ a tltlo Insure
anc@ commitment Inued by OJ Qualified title insuror agreeing to issue to Buyer. upon recording of the deed to Buyer. an Owner.s pOlicy of title insurance In tne
amount of the purchase price. insuring title of the Buyer to the real propertv~ subject only to liens. encumbrances, exceptions or Qualifications set forth in this
Contract and thosa which shall be discharged by Seller at or before closing, Buyer shall have 30 days, if abstract, Or 5 days. if tille c,","'mitment. from dele of re'
celving evidence of tille to examine same, If tille is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defectlsl.
If seid defectls) render title unmarketable. Seller shell have 120 days from receipt of notice within which to remove said d ,/ect(s), end if Seller is unsuccesslul in
removing them within seid time, Buyer shall have the option of either (11 eccePting the title as it then is, or (2) demanding a refund 01 ell monies paid hereunder
which shall forthwith be returned to Buyer and thereupon Buyer and Seller shall be releesed as to one another. of all further obligations under the Contrect; how-
ever. Seller agrees that he will, If title is found to be unmarketable, use diligent effort to correct the defecds) in title within the lime provided therefor~ inCluding
the bringing of necessary suits.
B. EXISTING MORTGAGES: Seller shall furnish a statement from the mortgageels) setting forth principal balance, method of payment, interest rate and whether
lhe mortgaoe(s)J.1 In good 5tandinQ. If a mortgage reQuires approval of the Buyer by the mortgagee in or1~ to avoid default. or for assumption by the Buyer of .aid
mortgage. end W the mortgagee does not approve the Buyer, the Buyer may rescind the Contract. or LZJ requires an increase in (he intere!t rate u charge... fee
for anv rellson in excess of $100.00, the Buyer may rescind the Contract unless Seller elects to pay such increase or excess_ Seller shall pay 50% of such fee up to
$50_00. Buyer shall use reasonable diligence to obtain approval. The amount of any escrow deposits held by mOrtgagee shall be credited to Seller.
C. PURCHASE MONEY MORTGAGES: The purchase money note and mortgage, if any. shall provide for e 30 day grace periocl in the event of default if it is e
first mortgage and II 15 day grllce period if a second mortgage; shall provide for right of prepayment in whole or in part without pp.nalty: shall not provide tor
acceleration In event of resale of lhe property: and shall be otherwise in form and content required by Seller's attorney; provirlect. however. Seller may only re-
Quire clauses eusromarily found in mortgages and mortgage notes generally utilized by savings and loan institutions in the count V wherein the property is located.
Said mortgage shall require the owner of the property encumbered to keep all prior liens and encumbrances in good standinq ann forbid the owner of the pro-
perty from accepting modifications of or future advances under prior mortgage(s). All personal property being conveyed will, at OPtion of SeHer. be subiect to the
lien of the mortgage and evidenced by recorded Financing Statements.
D. SURVEY: The Buyer. within time allowed for delivery of evidence of title and examination thereof, may have the propertv ~urveyed at his expense. If the
survey. ce'tified by 8 registered Florida surveyor, shows anv encroachmer,. on said property or that improvements intended ro be IQr:ated on the subject property in
fact encroech on lends of others, or violate any of the Contract covenants. the same shall be treeted as II title defect. Any survey qreptired in connection wi(h or .s a
consequence of this t,.nsaction may include a description of the property under the Florida Coordinate System as defined in Cha,!'p.'r .,17"~>.,=lorida Statutes.
E. TERMITES: The BUyer, within time allowed for delivery of evidence of title and examination thereof. or no later than .10 flav~ prig', .!.o -.Iosing, whichever date
Occun last. may have the irnprovements inspected at Buyer's expense by a Certified Pest Control Operator to dete~mirre whether tf"'le~ej, ill'V-- visible active termite
infestation or visible existing damage from termite infestation in the improvements. If Buyer is informed of eithH,"O,-both of the foreC1O(r1g-~,Buver will have 4 days
from date of written norice thereof or 2 days after selection of a contractor. whichever occurs first. within ~h.eto have afl~JafnOJges=.vvf.~ther visible or not. in-
spected end estimated by a licensed building or general contractor. Seller shall pay valid costs of treatment 3"PKi-..epair of .tIH d:unage up t'p'.-.j."'j% of Purchase Price.
Should such costs exceed that Blnount, Buyer shall have the OPtion of cancetling Contract within 5 daYs after:receipl:of cnn,H:.ctors ..etfair ,estimate by giving
written notice to Seller, Or Buyer may elect to proceed with the transaction, in which event Buyer shall l'ecdve--a credTt-at...closing 0' an a~~..lIit equal to 1}J.% of
said Purchase Price. "Termite" shall ue deemed to include all wood destroying insBets.. ..
F. INGRESS AND EGRESS: Seller covenants and warrants that there is ingress and egress to the property. ..
G. LEASES: Seller shall. not less than 15 days prior to closing. furnish to Buyer copies of all written leases an-d' ~sto..u,eJ ).ellers froln...e8'tSJ! tenant specifying the
nature and duration of said tenant's occupancy, rental rates and advanced rent and security deposits paid by tf!narn.. In the event SI!,Her is unable to obtain such
letters from each tenant, the same information shall be furnished by Seller to Buyer within said tim& period in the. iqrm oJ a Sellt!"s aHidavit. and 8 uyer may
thereafter contact tenants to confirm such information. Seller shall deliver and assign all original leases to Buyer at cJ..osing.
H. LIENS: Seller shall, both as to the realty and personalty being sold hereunder, furnish to Buyer at time of closing an effirlavit anesting to the absence unless
otherwise provided for herein, of any financing statements. claims of lien or potentlallienors known to Seller and further attesting that there have been no improve.
ments to the property for 90 days immediately preceding date of closing. I f the property has been improved within said time. Seller shall deliver releases or waiver!
of all mechanic's liens, executed by general contractors, subcontractors, suppliers, and materialmen, in addition to Seller's lien affidavit setting forth the names of
ell such general contractors. subcontractors, suppliers and materialmen and further reciting that in fact all bills for work to the subject property which could s.rve
as a basis for a mechanic's lien have been paid or will be paid at closing.
I. PLACE OF CLOSING; Closing shall be held in county wherein property is located, at the office of attorney or other closing agent designated by Seller,
J. TIME: Time is of the essence of this Contract. Any reference herein 1:0 time periOds of less than 6 days shall in the computation thereof exclude Saturdays. Sun.
days and legal hOlidays. and any time period provided for herein which shall end on a Saturdey. Sunday or legel holiday shall eKtend to 5;00 p.m. of the neKt full
business day.
K. DOCUMENTS FOR CLOSING: Seller shall furnish deed, mechanic's lien affidavit, assignments of leases, and any corrective instrufnents thar may be reQuired in
connection with perfecting the title. Buyer shall furnish closing statement. mortgage. mortgage note. and financing stetements.
L. EXPENSES: State surtax and documentary stamps which are required to be affixed to the instrument of conveyance. intangible tax on and recordin"" 01 pur-
chase money mortgage to Seller, and cost of recording any corrective instruments shall be paid by Seller. Documentarv stamps (0 be affi,xed to the note or notes
secured by the purchase money mortgage. cost of recording the deed and financing statements shall be paid by Buyer.
M. PRORATION 0 F TAX ES (REAL AND PE RSONAL): Texes shall be proreted besed on the current year's tax with due allowance mede for maximum ellowable
discount and homestead or other exemptions if allowed for said year. If closing occurs at a date when the current year's millage is not fixed. end current year's
assessment Is available. taxes will be prorated based ,upon such assessment. and the prior year's millage. If current years assessment IS not available. then taxes will
be pror8ttld on the prior years tux; provided. however. If there Bre completed Improvements on the property by January 1st of vear of closing. which improvements
were not ill existence ,on January. 1st of the prior yesr, then ta~es shall be prorated based upon lhe prior years millage and at an equitable assessment to be agreed
upon between the parties, failing which. request will be made to the County Property Appr-aiser for an informal assessment tak ing into consideration homeStead
exemption. if any. However, any tax proration based on an estimate may at reQuest of either party to the transaction, be subseQuently readjusted upon receipt of
tax bill on condition that a statement to thet effect is set forth in the closing stetement,
N. SPECIAL ASSESSMENT LIENS: Certified. confirmed end ratified special assessment liens as of date of closing (end not as of date of Contract! ere to be peid
by Seller. Pending liens es of date of closing shall be essumed by Buyer, provided. however, that where the improvement has been substantially completed as of the
dete of COntract, such pending lien shall be consiC:ered as certified, confirmed or ratified and Seller shell, et closing. be cherged an amount eQual to the last estimate
by the public body, of the essessment for the improvement,
O. PERSONA'L PROPERTY INSPECTION. REPAIR: Seller warrents that all major applianc~s, heating. cooling, electrical, plumbing systems. and machinery ere in
working condition as of 6 days prior to closing. Buyer may. at his expense, have inspections made of said items by licensed persons d'ealing in the repeir and main.
tenanee thereof, and shall report in writing to Seller such items as found not in working condition prior to taking of possession thereof, or 6 days pf"ior to closing.
whichever Is first, Unless Buyer reports failures within said period. he shall be deemed to have waived Seller's warranty as to failures not reported. Velid reported
failures shall be corrected at Sellers cost with funds therefor escrowed at closing. Seller agrees to provide access for inspection upon reasonable noticee
P, RISK OF LOSS: If the improvements are damaged by fire or other casuelty prior to closing. and costs of restoring same docs not elCceed 3% of the Assessed
Valuation of the improvements so damaged. cost of restoration shall be an obligetion of the Seller end closing shall proceed pursuent to the terms of Contrect
With cost therefor escrowed at closing. In the event the cost of repair or restorstion exceeds 3% of the assessed valuation of the improvements so damaged, Buyer
shell have the option of either taking rhe property as is. together with either the said 3% or any insurance proceeds payable by vinue of such loss or damage~ or of
canceling Contrect and receiving return of deposit(s) made hereunder.
Q. MAINTENANCE: Notwithstanding provisions of Standard 0, between Contr-act date and closing date, personal proper-tv re(eHed to in Standard 0 and real
property. Including lawn, shrubbery and pool, if any. shall be maintained by Seller in conditions they existed as of Contract dale. ordinary wear and tear excePted.
R. PROCEEDS OF SALE AND CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds and evidence of tille continued at Buyers eKpense.
to show title In Buyer, without any encumbrances or change which would render Seller's title unmarketable. from the date of the last evidence and the cash pro-
ceeds of sela shall be held in escrow by Sellers attorney or by such other escrow agent as may be mutually agreed upon ror a periOd of ,not longer than 5 days
from and after closing date. If Seiter's title is rendered unmarketable. Buyer shall within said 5 day period, notify Seller in writing of the defect and Seller shall
have 30 days from date of receipt of such notification to cure said defect. I n the event Seller fails to timely cure said defect, all rnonies paid hereunder shall. upon
written demand therefor and within 5 days thereafter, be returned to Buyer and. simultaneously with such repayment, Buyer shall vacate the premises and recone
vey the property In question to the Seller by special warranty deed, In the event Buyer fails to m.eke timely demand for refund. he shall teke tille as is, weiving all
rights against Seller as to such intervening dofect eJ(cept as may be available to Buyer by virtue of warranties. if any. contained in deed. In the event a portion of the
purchasa price Is to be derived from institutional financing or re-fi.nanclng, the requirements of the lending institution as to place, time and procedures for closing.
and for dlsbursament of mortgage proceeds. shall control, anything in this Contract to the contrary notwithstending, Provided, hOwever, that the Seller shall have
the right to require from such lending institution at closing e commitment thot It will not withhold disbursement of mortgage proceeds as a result of any title defect
ettributable to Buyer- mortgagor,
S. ESCROW: Any escrow agent reeeiving funds is ;luthorized and agrees by acceptance thereof to promptly deposit and to hold SUITlt'! in escrow and to disburse
same subject to clearance thereof in accordance with terms and conditions of Contract. Failure of clearance of funds shall not eKcuse performance by the Buyer.
In the event of doubt as to his duties or liabilities under the provisions o.f this Contract, the escrow agent may in his sole discretion, continue to hold the monies
which ere the subject of this escrow until the parties mutually agree to the disbursement thereof, or until a judgment of a court of competent jurisdiction shall
determine the rights of the parties theroto. or he may deposit all the monies then held pursuant to this Contract with the Clerk of the Circuit Court of the County
hevlng jurisdiction of the dispute, and upon notifying all parties concerned of such action, all liability on the part of the escrow agent shall fully terminete. except
to the extent of accounting (or any monies theretofore delivered out of escrow. If a licensed real estate broker, the escrowee will comply with provisions of Section
475.25 (1) (e), F.S" as emended, In the event of any suit between Buyer and Seller wherein the escrow agent is made a party by virtue of acting es such escrow
agent hereunder, or in the event of any suit wherein escrow agent interpleads the subject matter of this escrow, the escrow agent shall be entitled to recover 8
reasonable IIttorney's fee and costs incurred. said fees and costs to be charged and assessed at court costs in favor of the prevailing party. All Darties agree that the
eserow agent shall nOt be liable to any party or person whomsoever for misdelivery to Buyer or Seller of monies subject to this escrow, unless such misdelivery shall
be due to willful breech of this Contract or gross negligence on the part of the escrow egent,
T. ATTORNEY FEES AND COSTS: In connection with any litigation includi';g appellate proceedings arising out of this Contract, the preveiling party shall be
entitled to reCOver reasonable attorney's fees and costs.
U. DEFAULT: If Buyer fails 10 perform this Contract within the time specified. the deposit(s) paid by the Buyer aforesaid may be reteined by or for the account
of Seller 85 liQuidated damages, consideration for the execution of this Contract and in full settlement of any clainu; whereupon all parties shall be relieved of
ell obligations under the Contract; or Seller. at his option. may proceed at law or in equity to enforce his legal rights under- this Contract. If, for any reason other
than failure of Seller to render his title marketable ofter diligent effort, Seller fails. neglects or refuses to perform this Contract. the Buyer may seek specific per,
formance or elect to receive the return of his deposit(s) without thereby waiving any action for damages resulting (rom Sellers breach.
V. CONTRACT NOT RECORDABLE. PERSONS BOUND AND NOTICE: Neither this Contract nor any notice thereof shall hI? recorded in any pUblic records,
This Contrect shall bind end inure to the benefit of the porties hereto and their successors in interesl. Whenever the context permits. singular shall include plureland
one gender shell Include all. Notice given by or to the attorney for either party shall be as effective as if given by or to said party,
wi PRORATIONS AND INSURANCE: Texes. assessments, rent, interest, insurance end other expenses end revenue of said property shall be prorated as of date
of closing. Buyer shall have the option of taking over any existing policies of insurance on the property. if assumable. in which event premiums shall be prorated.
The cash et closing shall be increased or decreased es mey be reQuired by said prorations, All references in Contract to prorations as of date of closing will be
deemed Udate of occupancy" if Occupancy occurs prior to closing, unless otherwise provided for herein.
X.: CONVEY ANCE: Seller shall convey title to the aforesaid real property by statutory warrenty deed subject only to malters contained in Paragraph VII hereof.
Per,<ona' property shall, at the request of Buyer, b'l conveyed by an absolute bill of sale with warranty of title, subject to such liens as mey be otherwise provided
for herel,n." I I
Y. OTHEH AGRE'EMENT5'-: No prior or pre r agreements or representations shOJII be binding u n any of the parties hereto unless Incorporated In
\hl~.h_CQ_n':r'h.":. f\~o modificati0n or ('hnnQ~ in thi5: - .1ntrilct shAll he volid or binding upon thp. p,Hties unless',~ writing. e)(cr:l/tf'r1 hy the norties to b@ hound thP.fehy.
~
~.
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I
EXHIBIT A
That part of the NWl of the NWl of Section 7, Township 29S, Range l6E, Pinellas
County, Florida, further described as follows: Begin at the NW corner of said
Section 7 for a P.D.B., thence S 00009'36.4" E, along the west line of said Section 7,
1,003.24' to the north right-of-way of the Seaboard Coastline Railroad, said right-
of-way being 60.00' wide; thence S 72049'06.3" E, along said right-of-way, 1,143.31'
to tile south line of said NWl of the NWl; thence S 89048'39.9" E, along the 40 acre
line, 232.66' to the southeast corner of said NWl of the mvl; thence N 0019'01" E,
along the 40 acre line, 324.98'; thence N 89040'59" W, 95.00' to the centerline of
a creek; thence along said centerline the next 12 calls, along a curve to the right,
radius 240.00', arc 235.66', chord 226.31', chord bearing N 61033'11.5" W, thence
along a curve to the left, radius 170.00', arc 107.90', chord 106.10', chord bearing
N 51036'21.1" W; thence along a curve to the right, radius 90.00', arc. 36.46',
chord 36.22', chord bearing N 58010'53.5" W; thence N 46036'28.8" W, 51.58'; thence
along a curve to the left, radius 90.00', arc 5r.82', cho~d 51.10', chord bearing
N 63004'07" W; thence N 79033'45.3" W, 23.24'; thence along a curve to the right,
radius 45.00', arc 59.82', chord 55.51', chord bearing ~ 41028'40.5" W; thence
N 3023'38.5" W, 100.00'; thence N 21001'02.6" W, 160.00'; thence along a curve to
the right, radius 235.00', arc 199.96', chord 193.99', chord bearing N 3021'33.4" E;
thence along a curve to the left, radius 100.00', arc 53.14', chord 52.52', chord
bearing N 12030'46.9" E; thence N 2042'35.6" W, 221.49' to the north line of said
Section 7; thence N 89042'33.4" W, along said north line, 727.91' to the P.D.B.
Containing 24.38 acres mo~e or less, less the following tract conveyed to the
Salvation Army by Warranty Deed recorded in OR Book 6247, Page 1420 or the Public
Records of Pinel1as County, Florida.
A parcel of land lying in the NWl of the NWl of Section 7,
(. Township 295, Range 16E, Pinellas County, Florida. being more !
. specifically described as follows:
COMMENCING at the Northwest corner of said Section, being
monumented by a Pine lIas County Engineering Department brass
disk; THENCE S 89052'55" E, along the North line of said Section,
a distance of 55.00 feet, to the East R/W of Belcher Road, to the
POINT OF BEGINNING.
THENCE S 00019'58" E, along the East R/W line of Belcher Road,
a distance of 480.50 feet to a point having a bearing of
N 89052'55" W, from the center of a sanitary manhole 390.04 feet
distant to the East.
THENCE S 89052'55" E, being parallel with the North line of said
Section 390.04 feet to the center of said manhole.
THENCE continuing S 89052'55" E, a distance or 274.29 feet to the
thread of Alligator Creek.
THENCE Northerly, along the thread of said creek, the following
calls:
BEARING
N 13057'19" W
N 00003'17" W
N 05052'59" E
N 17034'46" E
N 08048'23" E
N 03026'47" W
N 02020'38" W
DISTAi'l'CE
19.23'
52.23'
46.93'
56.12'
92.03 '
121. 60 '
97.13 '
to the North line or said Section.
THENCE N 89052'55" W, along the North line of said Section, a
distance of 687.00 feet, to the POINT OF BEGI~~ING and less the
west 55 feet conveyed to Pinellas County for right-of-way for
Belcher Road.
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