TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA
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Q,R. 2281 PAGE
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Wru5f~~5 of f4~ ~nf~nml ~mproit~menf Jtfunh
offq~ ~bti~ of ~loriba
DEED NO. 24098 (953-52)
KNOW ALL MEN BY THESE PRESENTS: That the undersigned, the Trustees of Internal Im~
provement Fund of the State of Florida, under authority of law, for and in consideration of the sum of
Three Hundred Seventy-One
DOLLARS. to them in hand paid by
of the County of pinellas
bargained and sold, and do by these presents
CITY OF CLEARWATER
following described lands. to~wit:
and 25/100 - ($371.25)
CITY OF CLEARWATER, a municipal corporation
, State of Florida , have granted
grant, bargain, sell and convey, unto the said
. t SUcceBsors .
and 1 S ~~ and assigns, the
Two parcels of submerged land in Clearwater Harbor in Section
9, Township 29 South, Range 15 East, pinellas County, Florida,
being more particularly described as follows:
PARCEL A - From the NE Corner of the SE~ of said Section 9,
run West a distance of 1478.97 feet and South a distance of
1004.79 feet to the NW Corner of the intersection of Osceola
Avenue and Eldridge Street in the City of Clearwater; thence
North 160 381 21" East along the westerly line of said Osceola
Avenue, a distance of 75.50 feet; thence North 720 51' 46" West
a distance of 306.20 feet to a point in the southerly line of
that parcel conveyed by Trustees of the Internal Improvement Fund
Deed No. 17514, said point being the Point of Beginning; thence
continue North 720 511 46" West along said southerly line of the
parcel conveyed by Trustees. Deed No. 17514, a distance of 322.72
feet to the bulkhead line established for this area; thence South
070 281 50" West alon~ said bulkhead line, a distance of 46.48
feet; thence South 81 081 27" East a distance of 318.24 feet to
the Point of Beginning; containing 0.17 acre, more or less.
PARCEL B - From the NE Corner of the SE~ of said Section 9, run
West a distance of 1478.97 feet and South a distance of 1004.79
feet to the NW Corner of the intersection of Osceola Avenue and
Eldridge Street in the City of Clearwater; thence North 160 381
21" East along the westerly line of said Osceola Avenue a distance
of 75.50 feet; thence North 720 511 46" West a distance of 290.57
feet to a point in the original shore line of Clearwater Harbor;
thence North 120 091 45" East along said original shore line a
distance of 122.82 feet for the Point of Beginning; thence North
720 511 46" West along the northerly line of that parcel conveyed
by Trustees of the Internal Improvement Fund Deed No. 17514, a
distance of 348.52 feet to the bulkhead line established for this
area; thence North 070 581 50" East along said bulkhead line, a
distance of 12.41 feet; thence South 720 581 00" East a distance
of 349.48 feet to a point in the shore line of Clearwater Harbor;
thence South 120,091 45" West along said shore line a distance of
12.94 feet to the Point of Beginning; containing 0.10 acre, more
or less.
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Form lOOL (12-64) Page 1 or 2 pages
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containing a tota 1 area of 0.27 acres, more or less. and lying
and being in the County of Pinellas , in said State of Florida.
TO HAVE AND TO HOLD the above granted and described premises forever.
SAVING AND RESERVING unto the said Trustees of the Internal Improvement Fund of the State
of Florida, and their successors, title to an undivided three~fourths of all phosphate, minerals and metals,
and title to an undivided one~half of all petroleum that may be in, on or und'er the above described land,
with the privilege to mine and develop the same.
OTHER RESERVATIONS: None
IN TESTIMONY WHEREOF, the said Trustees of the Internal Improvement Fund of the State of
Florida have hereunto subscribed their names and have caused the official seal of said Trustees to be here-
unto affixed, i~ theCity-ofTallanassee;Flotida~~-on -this-th-p' 2,()'th dayotH-Oetobe-r -'" ,A.D;T96-5-
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TRUSTEES I. .1. FUl\JJ..");
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As and Constituting the
TRUSTEES OF THE INTERNAL IMPROVEMENT
FUND OF THE STATE OF FLORIDA
Form 100L (12-64) Page 2 of 2 pages
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(SCHEDULE A CONTINUATION)
ALSO:
From the NE corner of Government Lot 3, Section 9 T 29 S R 15 E; run
thence S 00 01' 391t E 1038.29 feet along the easterly line of said
Government Lot 3; thence N 890 28' 39" W 1485.52 feet to the point
of intersection of the Southwesterly projection of the Westerly
Boundary of Osceola Avenue and the center line of Eldridge street;
thence N 160 38' 2llt E, along the said projection, 20.82 feet to the
Northwesterly corner of the intersection of Osceola Avenue and Eldridge
Street; thence continue N 160 38' 2llt E, along said Westerly line of
Osceola Avenue 75.5 f.eet; thence N 720 51' 46lt W, 306.2 feet for the
Point of Beginning; thence continue N 720 51' 46n W, 322.72 feet to the
bulkhead line; thence S 070 28' 50n W, 46.48 feet; thence S 810 08' 27lt
E, 318.24 feet to the P. O. B.
(CONTINUATION OF SCHEDULE B)
9. Subject to that certain mortgage given by City of Clearwater,
Florida, a municipal corporation to Belair Bayou, Inc., dated
11/23/65 and filed 11/223/65 in o. R. Book 2273, Page 415,
Public Records of Pinellas County, Florida, in the original
principal sum of $29,695.26, which mortgage was assigned to
City National Bank of Clearwater 11/23/65 and filed 11/23/65
in O. R. 2273, Page 418, Public Records of Pinellas County,
Florida
LAW OFFICES, WIGHTMAN, ROWE Be ULMER, 319 S. GARDEN AVENUE, CLEARWATER, FLORIDA
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roNn FORM 1 (OG) (REV. 4-1-64) (4-64-20M)
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WIGHTMAN, ROWE & ULMER
(Attorney or firm of attorneys)
319 South Garden Avenue
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(Address)
Clearwater
, Florida
and GUARANTEE OF TITLE (OWNER) by
owner
Lawyers' Title Guaranty Fund
Qualified with and supervised by the Insurance Commissioner of Florida
ORLANDO, FLORIDA
CITY OF CLEARWATER FLORIDA a munici al corporation
Effective date of thiS document:
, J 5 , OQ 0 .00 DAce.mbAr 6 . ,,~at :1: 42P . "-
Based on an examination of the certified abstract of title (or certified chain of title and an examtnation of the public records Indicated
therebY), and an examination of the publiC records subsequent to the period covered by the abstract or chB1n of title. the undersigned, a
member (or a firm composed of members) of LAWYERS' TITLE GUARANTY FUND, hereby renders the above named owner this opinion and
advtses that, in the opinion of the undersigned. the estate or intereSt of the owner In the real estate described In Schedule A hereof III the
estate or Interest specified In said Schedule. A. and further advtses that, In the opiniOD of the undersigned, such estate or Interest of the ewner
III free of all encumbrances, liens, and oth objections, except such encumbrances, liens, and other objeetions as are shown by Schedule B
hereof., jl ll'AT~' \ ,
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Declared value of property:
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GuARANTEE OF TITLE
IN CONSIDERATION of the above named attorneY at law (or arm of attorneys at law) bavtng qualifled as and befng a member (or mem-
bers) of LAWYERS' TITLE GUARANTY FUND. LAWYERS' TITLE GUARANTY J'tJND (a buslnell8 trust under the provisiol1ll of the Declara-
tion of Trust filed with the SecretarY of State of I'lorida. at TaJ)..h.-, Florlda. on MarCh 22. 194'7, and any amendD1entll to the Declaration of
Trust), subject to the CODditions herein, ruarantees to the ewner named above. the ownerl leeal representative. he1rll. and/or devUee8. that
the estate or Interellt of the owner specWed In Schedule A hereof In the real estate described In said Schedule A 18 free of encumbrances.
liel1ll, and other objections, except such encumbrances. liens, and other objectiol1ll as are referred to In Schedule B hereof; and, subject to the
Conditiol1ll herein, will pay to the owner all 10811 or damage. In an amount not to exceed the amount of the deeIared value of the property, ..
stated above, the owner may sustain because of encwnbrances. liens. or other objections on or to the estate or Interest of the Owner that are
not excepted In Schedule B (or excluded In the Conditiol1ll) hereof. This guarantee shall become effective when the opinion above hall beeD
duly signed and delivered by a member of LAWYERS' TITLE GUARANTY FUND.
IN WITNESS WHEREOF, LAWYERS' TITLE GUARANTY FUND has caused this document to be executed In its name by its President
and Executive' SecretarY and its seal affixed, all by dh'eetion of Us Board of Trustees.
SERIAL
Lawyers' Tille Guaranty Fund
BY~C~
855-9870G
MEMBER
KO.
N~ 238086
Hewen A. Lasseter,
President and Executive SecretarY
SCHEDULE A
1. The estate or mterest of owner covered by thiS document 111:
Fee Simple
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2. Record evidence of the owner's title is: Warranty Deed from Belair Bayou, Inc. to City of
Clearwater, dated 11/23/65 and filed 12/6/65 in o. R. Book 2281, Page 1,
Public Records of Pinellas County, Florida; and Deed from Trustees of
Internal Improvement Fund for the State of Florida dated 10/29/65 and
filed 12/6/65 in O. R. Book 2281, Page 7, Public Records of Pinellas county,1
Florida ~
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3, The real estate on which this opinion is rendered and thiS ruarantee is given is located 111 Pinellas County,
Florida, and is described as: From the NE corner of Government Lot 3, Section 9 T 29 S
R 15 E, run thence S 00 01' 39u E, 1038.29 feet along the easterly line of
said Government Lot 3; thence N 890 28' 39" W, 1485.52 feet to the point
of intersection of the Southwesterly projection of the Westerly boundary
of Osceola Avenue and the center line of Eldridge Street; thence N 160 38'
21" E, along the said projection 20.82 feet to the Northwesterly corner
of the intersection of Osceola Avenue and Eldridge Street; thence continue
N 160 38' 2ln E, along said Westerly line of Osceola Avenue 75.5 feet;
thence N 720 51' 46" W, 290.10 feet for the Point of Beginning; thence
continue N 720 51' 46n W, 338.82 feet to the bulkhead line'!'Clearwater Harbor
thence along said bulkhead line bearing N 07028' 50n E, 136.53 feet; thence
S 720 58' oon E,2, 349.48 feet; thence S 120 09')45" W, 135.75 feet to the
p.O.B. lSCHEDUL~ A CONTINUED ON ~~~~BRIDER
This opinion and guarantee, In addition to any eXIl)jjol1ll In th" descriptJ,on in SChedul1~63 hereof, is INbject to: h b
~ es Ior vhe ear n r1 rear ave ee
1. All taxes for the year of the effeetive date of th O~OD and guarantee. Jess I)ote ere~a~lN~ mes ~ve ~een p~. paid
2. Rights of persons In possession. other than the owner.
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'--'0 .. 'U vvuLlng as above set forth, within seven
aays after summons or, other process in, such, action or proceeding
shall be" served upon the Owner; then all liabll1ty of The Fund 1n
regard to said claim, or the Subject matter of such action or proceed_
ing shall cease and terminate; provided, however, that failure to notify
shall in no case prejudice the claim of the Owner if the Qwner, is
not a party to such action or proceeding, nor be served with summons
therein, nor have any knowledge thereof. By undertaking the defense
of any action or proceeding, The Fund shall not be deemed to have
admit,ted ,liabjlity hereunder, nor, shall it be thereby precluded, after
complete investigation and ascertainment of all material facts, ,from
questioning its liability. The Owner, whenever requested by The Fund,
by its chairman, executive secretary, or attorney, shall aid in effect_
ing settlement, securing information and evidence, the attendance of
Witnesses and in prosecuting appeals, but shall not vbltihtal'ily assume
any liability or interfere in any negotiation for settlement of any
legal proceeding, or incur any expense or settle any clafin, without the
written consent of The Fund Previously given, except at the Owner's
own expense.' ,
2: Nothing contained in this guarantee shall be construed as guar-
anteeing again ,Joss or damage: ,(1) reSUlting from fraud on the part
of the Owner; (2) by reason of the Owner not being a bona fide pur-
chaser for value; (3) resulting from 'any act; condition or relationship
created, suffered or permitted by the Owner, but not disclosed by ,the
pUblic records of the county 'where the property!s located; (4) b.y
reason "of the fact that the Owner contravened any bankruptcy law,
in acquiring the estate or interest hereby guaranteed; (5) by reason
of any right of dower of the spouse, or homestead rights of the spouse
and children of the Owner; (6) reSUlting from the refusal of any party
to carry out any contract to purchase, lease or lend money on the
estate or interest of the Owner; (7) by reason of the exercise or en-
forcement or attempted enforcement of any governmental police power
Or any right of eminent domain over the property hereby guaranteed
or (8) resulting from any encumbrance, lien or other Objection arising
after the effective date of this guarantee.
3. If the interest shown in Schedule A-I herein is a leasehold th1s
guarantee is subject to all terms and conditions of said lease as describ_ '
ed in Schedule A-2 and the limit of ttie liability of The Fund under
this guarantee shall be: (1), The fair alid reasonable value of the lease,-
hold in eXcess of the rent paid or to be paid for that part' of' the
term of the lease that is unexpired at the time an adVerse claim,
on which the Owner's right of recovery under this instrument is
established, and (2) the fair and reasonable value of any improve_
ments purChased or made by the Owner on the leased premises and
authorized by the lease, which said improvements, if they partake of
the nature of real property, for the purpose of this guarantee, shall be
considered as real and not personal' property, and (3) the items pro-
vided for by paragraph 8 of these conditions provided, however, that
under no circumstances shall liability of The Fund under (1) and (2)
of this paragraph exceed the declared value hereof. If the interest
shown in Schedule A-I herein is that of purchase under contract of
sale, then this guarantee shall be subject to all the terms and con-
ditions of the contract of sale.
4. Notwithstanding any language to the contrary typed with the
description in Schedule A-3 herein, nothing contained in this guaran-
tee shall be construed as guaranteeing (1) title to personal property
even though the same may be attached to, or used in connection with
the real property described in Schedule A-3; (2) the title or rights of
the Owner in any pr(lperty beyond the boundaries of the property de-
scribed in Schedule A-3 of this guarantee, or in any streets, roads,
lanes, alleys or other ways in or upon which said property abuts, or
to tide lands, or lands comprising the shores or bottoms of navigable
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Owner to do so, In every case where liability of The Fund has been
fixed in accordance wi,th these conditions. the loss or damage shall
be payable within '30 daystbereafter.
6. In case of any loss to the Owner by reason of a defect, lien,
or encumbrance ,affecting only a part of, the gl.laranteed property,' the.
measure of damages which the Owner may recover under this policy
shall not be a greater fractional part of the declared value of the prop-
erty as stated in this guarantee than the proportion which the prop-
erty affected by such defect or encumbrance, exclusive of improve_
ments made thereon SUbsequent to tl).e date. of. this guarantee, bears in
value to the entire property Covered by this guarantee. All payments
under this guarantee or under any~guarantee issued to the Own~'s
Successor ili title covering all or any part of the land described here-
in shall reduce the 'amount of the insurance' pro tanto and no pay-
ment shall be demanded without. producing, this guarantcce for en-
dorsement thereon of such payment. 'tf. this guarantee' be lost, in-
demnity must be furnished to the satisfaction, of Thc Fund. Any loss
payable under this guarantee may be applied by The Fund to the
payment of any mortgage mentioned in Schedule B, the title, to which
is also guaranteed by The Fund, or which may be held by The Fund,
and the amount so paid shall alsobei deemed a pa~-ment to'the Owner
under the, guarantee.
7: Whenever The Fund has settled Ii claim under this guarantee
it shall be entitled to the rights and remedies which the Owner would
have had against any other person, persons, or property' in respect
to. such claim, had this guarantee not been i;;sued and, the Owner
undertakes to transfer or cause to be transferred to The Fund such
rights, together' with the right to use the name' of the Owner when
necessary for the recovery thereof,l!~c:lh rights of subrogation to vest
in The Fund unaffected by any action of the Owner.
8. The Fund will pay, in addition to the'loss, all costs of court
imposed on the Owner in litigation carried on by The Fund for the
Owner under the requirements of this guarantee but it will in no case
be liable for the fees of any counselor attorney employed by the
Owner, and the loss paid; exclUsive of costs, shall in no event exceed
the amount of tpis guarantee,
9. fu the event tIlls Guarantee is issued in conjunction with a
Mortgage Guarantee ,or Pqlicy, any amount W~ch may become pay-
able under this Guarantee shall be automatically reduced by the
llmount of allY loss paid by The Fund or'Yhich The Fund sh~ll become
liable to pay pursuant to said Mortgage GUarantee or POhcy.
10. In accepting this guarantee, the Owner accepts the same as
the contract of LAWYERS' TITLE GUARANTY FUND as a pure trust
and not as a partnership. Such acceptance shall constitute an agree-
ment by the Owner with The Fund to look solely to the assets of
The Fund 'for damages and for performance of this guarantee, and
no member of The Fund and no trustee of" The Fund shall be person-
ally liable on account .,of this guarantee.
11. If the Owner institutes an action or suit on this guarantee.
it shall not be necessary to name the members of the Board of Trus-
tees, as the Board of Trustees of LA WYERS' TITLE GUARANTy
FUND, as defendants. In OI'der to save the Owner the annoyance and
initial expense of ascertaining the names of the members of the BOard
of Trustees and naming them and having them served with process,
it shall be sufficient merely to name LAWYERS' TITLE GUARANTY
FUND as defendant and it shall be sufficient serv1ce of process to
serve the executive secretary as such, or, in the absence from the
State of Florida of the executive secretary, serv1ce may be made on
the Chairman of the Board of Trustees. Thereupon, the members of
the Board of Trustees shall, without raislng the issue of the suffici-
ency of naming of defendants and serving of process, appear as the
Board of Trustees of LA WYERS' TITLE GUARANTY FUND and the
action or suit shall proceed against the Trustees as such.
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