ERNEST THOMPSON; WALLACE PAYNE; THELMA RODENBERGER
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I sl Wallace Payne
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I CITY OF CLEAR WATER I
CITY HALL - PO BOX 1348
CLEAR WATER. FLORIDA
AFFIDAVIT OF NO LIENS
STA TE OF FLORIDA )
COUNTY OF PINELLAS )
Before me, the undersigned authority, personally appeared CLEAR-
WATER COURT NO. 24, ORDER OF THE AMARANTH, who, being first
duly sworn, deposes and says:
1. That it is the owner of the following described property in Pinellas
County, Florida, to wit:
That part of Lot 33, ENGHURST ADDITION TO CLEARWATER, as
recorded in Plat Book 1, page 23 of the Public Records of Pinellas
County, Florida;
Lying within the East 30. 0 feet of Section 9, Township 29 South,
Range 15 East;
BEING THE FOLLOWING METES AND BOUNDS DESCRIPTION:
Begin at the SE corner of the NE 1/4 of Section 9, Township 29 South,
o
Range 15 East; run thence N 0 10'04" E, along the East line of Section
9, 834.0 feet; thence N78046119" W, 10.19 feet for the point of
o '0
beginning; thence continue N 78 46'19" W, 20. 38 feet; thence N 0 10' 04"
E, 117.94 feet; thence S 78046119" E, along the South line of Bidwell
Street, 20.38 feet; thence S 0010104" W, 117.94 feet to the P.O. B.
2. That said property is now in possession of the record owner.
3. That there has been no labor performed or materials furnished on
said property within the past ninety (90) days for which there are unpaid bills
for, labor or materials against said property.
4. That there are no liens or encumbrances of any nature affecting the
title to the property hereinbefore described.
5. That it is hereby warranted that no notice has been received of
any public hearing regarding assessments for improvement s by any govern-
ment within the past ninety (90) days, and it is hereby warranted that there are
no unpaid assessments against the above property for improvement s thereto
by any government, whether or not said assessments appear of record.
6. That the represent ations embraced herein are for the purpose of
inducing the City of Clearwater to purchase the above described property.
CLEARWATER COURT NO. 24,
ORDER OF THE AMARANTH
By
~:t1~
. ~ Thompson, .ustee m
Wall~~~
~ ::F:~u!aPA
helma Rodenberger, Trus e
Sworn to and subscribed before me this
, 1964.
Notary Public
Notary Pub'ic. StaLe of F!or:da at [arge:
y Comrn,ss on 'eX;:> r _5 March 3, 0, 196J
My Commission Expire db Americail Surety Co. of N..LOI
J)~OI).--o).. (Ir)
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~':';~'I~HIS WARRANTY DEED Made the 24th day of November A. D. 1964, by
5 CLEAR WATER COURT NO. 24, ORDER OF THE AMARANTH, hereinafter called
the grantor, to the CITY OF CLEARWATER, FLORIDA, a Municipal Corporation,
whose postoffice address is PO Box 1348, Clearwater, Florida, hereinafter called
the grantee:
WITNESSETH: That the grantor, for and in consideration of the sum of
$10.00 and other valuable considerations, receipt whereof is hereby acknowledged,
hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms
unto the grantee, all that certain land situate in Pinellas County, Florida, viz:
A I ,~ 0 Cl
SVj'j3N I d
-~----- TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
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I O,R, 2048 PAGE 535""
(Wherever used herein the terms "grantor'l and "grantee" include all
the parties to this instrument and the heirs, legal representatives and
assigns of individuals, and the successors and assigns of corporations)
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That part of Lot 33, ENGHURST ADDITION TO CLEARWATER, as
recorded in Plat Book 1, page 23 of the Public Records of Pinellas
County, Florida;
Lying within the East 30. 0 feet of Section 9, Township 29 South,
Range 15 East;
BEING THE FOLLOWING METES AND BOUNDS DESCRIPTION:
Begin at the SE corner of the NE 1/4 of Section 9, Township 29 South,
Range 15 East; run thence N 0010104" E, along the East line of Section
o
9, 834.0 feet; thence N 78 46'19" W, 10.19 feet for the point of
beginning; thence continue ~ 78046119" W, 20.38 feet; thence N 0010104"
E, 117.94 feet; thence S 78 46119" E, along the South line of Bidwell
o
Street, 20.38 feet; thence S 0 10104" W, 117.94 feet to the p. O. B.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND the grantor hereby covenants with said grantee that the grantor is lawfully
seized of said land in fee simple; that the grantor has good right and lawful authority
to sell and convey said land; that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and
that said land is free of all encumbrances, except taxes accruing subsequent to December,
1963.
IN WITNESS WHEREOF, the said grantor has signed and sealed these -Presents
the day and year first above written.
Signed, sealed and
delivered in the
presence of:
CLEARWATER COURT NO. 24,
ORDER OF THE AMARANTH
'"
BY~
~;~:~o~
.,,' \Vallace Payne,'Trus. e ,,' '"
.Y-Z~ ~~~'~
Thelma Rodenber ger, T stee-
STA TE OF FLORIDA )
COUNTY OF PINELLAS )
. !i'
IHE~~~BY'CER TIFY that on this day, before me, an officer duly authorized in
the Stateaforesa:id-,ari-d in the County aforesaid to take acknowledgments, personally
appeared Er-nest.Th'~r:dpson, Wallace Payne and Thelma Rodenberger, Trustees of
Clea;r~~ter Cour'tN.o. 24, Order of the Amaranth, to me known to be the persons
desc:ribe.~ inandw1:io executed the foregoing instrument and they acknowledged before
me that~h~y exe~ut,~.the same.
WI'l'NESSiny hand and official seal in the County and State last aforesaid this
day of November , A. D. 19;.
4(/_~~
24th
MJ9t~ d'ttltu.c. .Stcy~of F.\qrida .at large'
. 'Kit<! Commis~tdi'1 ~~~ ~il!1.El965J
[;londed by American Surety. c.o,ot Ii. :t,
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qLifl~ a I~_: QI.qmpUU!f l!~~ 16ls~Jriilu
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a Florida corporation, hereinafter called the Company, for a valuable consideration paid for this
policy of 'title insurance, the number and date of which are shown in Schedule A, does hereby ~n-
sure the parties named as Insured in Schedule A, 'the heirs, devisees, personal representatives of
such Insured, or, if a corporation, its successors by dissolution, merger or consolidation, against loss
or damage not exceeding the amount set forth in Schedule A, together with costs, attorneys' fees
and expenses which the Company may become obligated to pay as provided in the Conditions and
Stipulations hereof,: which the Insured shall sustain by reason of:
any defect in or lien or encumbrance on the -title to the estate or interest covered hereby in
the land described or referred to in Schedule A, existing at the date hereof, not shown or
referred to in Schedule B or excluded from coverage in Schedule B or in the Conditions
and Stipulations;
all subject, however, to the Conditions and Stipulations hereto annexed, which Conditions and
Stipulations, together with Schedules A and B, are hereby made a part of this policy; all as of the
effective date of this policy.
IN WITNESS WHEREOF, Title & Trust Company of Florida has caused its corporate name and seal
to be hereunto affixed and this policy signed by two of its duly authorized officers in facsimile.
MUir & Mrust Qtompanyof 3JUllrilla
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(Not valid unless countersigned)
(Facsimile)
Secretary
By:
Authorized Signature
ice-President
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SCHEDULE B
This policy does not insure against loss or damage by reason of the following:
1. Any state of facts which might be disclosed by an accurate survey
of the premises.
2. Rights of parties who may be in possession of the premises other
than the owner of the record title.
3. Any unrecorded liens for labor or material furnished to the property.
4. Taxes for the year 1964; and any taxes or assessments levied or
assessed subsequent to the date of this Policy.
5. Any Lien for municipal improvements to caption land which has not
been filed for record in the office of the Clerk of the Circuit
Court of Pinellas County, Florida. (City of Clearwater)
il 12-28-64
CONDITIONS AND STIPULATIONS
1. Definition of Terms
The following terms when used In this policy mean:
(a) "land": the land described. speci!ical1y or by reference, in Schedule A and
improvements affixed thereto whIch by la\v constitute real property:
(b) "public records": those records which impart constructive notice of matters
relating to said land;
(c) "knowledge": actual knowledge. not constructive knowledge or notice which
may be imputed to the Insured by reason of any public records; and
(d) "date": the effective date.
""'. Exclusions from the Coverage of this Policy
This policy does not insure against loss OT damage by reason of the following:
(a) 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.
(b) Any law, ordinance or governmental regulation (including but not limited to
~~~I~~n:nj~:mzeOn~i~1 th':\~~~~e~: ~:~~l~cN:;: th~ ~h~~~ac\i~r~ gfm~~~r~~~:i~~ Itgc~t~~~ugrr;~y
Improvement now or hereafter erected on said land, or prohibiting a separation in owner-
ship or a reduction in the dimensions or area of any lot or parcel of land.
(c) Governmental rights of police power or eminent domain unless notice of judi-
cial action to exercise such rights appears in the public records at the date . hereof.
(d) Title to any property beyond the Hnes of the land expressly described in
Schedule A, or title to streets, roads, avenues, lanes, ways or waterways on which such
land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure
or improvement, or any rights or easements therein unless this policy specifically provides
that such property, rights or easements are insured, except that if the land abuts upon
one or more physically open streets or highways this policy insures the ordinary rights
of abutting owners for access to one of such streets or highways, unless otherwise ex-
cepted or excluded herein.
(e) Defects, liens. encumbrances. adverse claims against the title as insured or
other matters (1) created. suffered. assumed or agreed to by the Insured; or (2l known
to the Insured either at the date of this policy or at the date such Insured acquired an
estate or interest insured by this policy and not shown by the public records. unless
disclosure thereof in wrillng by the Insured shall have been made to the Company prior
to the date of this policy; or (3) resulting in no loss to the Insured; or (.,l) attaching or
created subsequent to the date hereof.
(f) Loss or damage which would not have been sustained if the Insured were a
purchaser for value without knowJ~d~e.
3. Defense and Prosecution of Actions - Notice of Claim to be Given by the Insured
(a) The Company, at its own cost and without undue delay. shall provide for the
defense of the Insured in all litigation consisting of actions or J?roceedtngs commenced
:~~~~S~g~~~sln~~rt~t's ,;~fic~.l~~~a~~r;, ~u~~~~~~~hUfl1rg~lg~f~~tfi~1:r d~~e~~cl'A~t~~~n~~ N:;
court of last resort.
(b) In case any such action or proceeding shall be begun. or defense interposed.
or in case knowledge shall come to the Insured of any claim of title or interest which is
adverse to the title as insured, or \\'hich might cause loss or damage for which the
gg~g;~~ t~:~~O~rinm~'~it?~g~iirl:ucbl n\;}[i~~e s~~l{~~t P~li~r":e~hio It~SeUc~m~~~g ~~i~Vf~ l~~
days of the receipt of process or pleadIngs or if the Insured shall not, in writing. prompt-
ly notify the Company of any defect, lien or encumbrance insured against which shall
come to the knowledge of the Insured, then all liability of the Company in regard to the
~ubject matter of such action. proceeding or matter shall cease and terminate; provided.
however. that failure to notify shall in no case prejudice the claim of any Insured unless
the company shall be actually prejudiced by such failure and then only to the extent of
such prejudice,
(c) The Company shall have the right at its own cost to institute and prosecute
any action or proceeding or do any other act which in its opinion may be necessary or
desirable to establish the title as insured; and the Company may take any appropriate
acUon under the terms of this policy whether or not it shall be Hable thereunder and
shall not thereby concede liability or waive any provision of this policy.
or pro\~~e If~ra~lh~a~~~e~~eer~f t~A~ Pa(~NfoYn pci:rr;,ii~c~:df~i~i[~: i~iu~~:~~~t ~~c~~~s~~uVf
the right to so prosecute or provide defense in such acllon or proceeding. and all ap-
peals therein, and permit 1t to use. at its option, the name of the Insured for such pur-
pose. Whenever requested by the Com~any the Insured shall give the Company all
~b~~i~{~~e ~ t~~~s:s~c~r a~t;g~ecO~ti~~oc~~ d~fen~ln~f~~~~g a~~it~~e~~n ~r~~~~d:~~, - e~~~ent~e
Company shall reimburse the Ir:a-sured for any expense _so incurred.
4. Notice of Loss - Limitation of Action
In addition to the notices required under paragraph ,3(b), a statement in writing of
any loss or damage for which it is claimed the Company is liable under this policy shaH
be furnished to the Company within sixt, days after such lass or damage shall have been
~~f~[~~"a~~ ~~~er"~u~Whs\a~~;;~i~~~a~rl haavc;r~:e~o f~~~i!~:~~e~ n:tng~r r~~~~'e~~l iihaNn~~
had by the Insured under this policy unless action shall be commenced thereon within
~ifv~o~~aJ~ ~i~~::Pb~aVgncoo~~~i~ceth~~~h ~~riO~er~)thl~a~~~r~i~e fh~~~~~b:r;:e sst~Wi~~~
shall be a conclusive bar against maintenance by the Insured of any action under this
policy,
5. Option to Pay, Settle or Compromise Claims
The Company shall have the option to payor settle or compromise far or in the name
of the Insured any claim insured against or to pay the full amount at this policy and
~~~e~a:fu~~\~~ dg~~ein~til~&fr:~'t~d tg~~~~~~e~i[~ p~~. C~~~~i t~~~ig~r:' afrjfa:S~y e~f
the Company hereunder.
6. Payment of Loss
(a) The liability of the Company under this policy shall in no case exceed. In
all. the actual loss of the Insured and costs and attorneys' fees which the Company may
be obi gated hereunder to pay.
all cos\~) im~~~e~o~~a:lh:,i}~F;~di~na?i~l~~t~o~ ~nJ:i~~ssoAnt~r~~ea~~~~a~~ ~~~s lh~li~~:
sured, and all costs and attorneys' fees in litigation carried on by the Insured with the
written authorization of the Company,
(c) No claim for damages shall arise or be maintainable under this policy (1) if
the Company, after having received notice of an alleged defect, lien or encumbrance not
excepted or excluded herein removes such defect. lien or encumbrance within a reason-
able time after receipt of such notice.; or (2) for liability voluntarily assumed by the
Insured in settling any claim or suit without written consent of the Company.
(d) All payments under thIs policy, except payments made for costs. attorneys'
fees and expenses, shall reduce the amount of the insurance prO' tantO' and no payment
shall be made without producing this policy for endorsement of such payment unless the
policy be lost or destroyed, in which case proof of such loss or destrucllon shall be fur-
nished to the satisfaction of the Company.
(e) When liabllity has been definitely fixed in accordance with the conditions of
this policy the loss or damage shall be payable within thirty days thereafter,
7. Liabilit)' Noncumulative
cJin~sa~~pA'-.e;~I~a~~~~ds~~Oadn~h;~lf~}~ fn~~ri~~ olh~h~~lf3U~y o~s ;:i~~fteyd o~y a~~y ~~~~:;:e t~~
deed of trust shown or referred to in Schedule B hereof or any mortgage or deed of
trust hereafter executed by the Insured which is a charge or lien on the land described
ar referred to in Schedule A.
8" Coinsurance and Apportionment
(a) In the e\"ent that a partial loss occurs after an alteration or improvement
subsequent to the date of this policy. and only in that event, the Insured becomes a
coinsurer to the extent hereinaUer set forth.
If the cost of the alteration or improvement exceeds twenty per centum of the amount
of this policy, such proportion only of any partial loss established shall be borne by
the Company as one hundred twenty per centum of the amount of thls policy bears to
the sUlTl of the ~mqunt of this policy and the amount expended for the alteration or im-
g~Ot~zrt~~Jahney fi~eff~~~~tf;i~~s~~n~~~~iJ\ nngo\~rl~~- ~~feo;;: ~f~c~1~o;;~~s ~:~~~~m~~:i~-
~~~~~~dOfi'nt~~c\nSau~~gn~u~:u;r~~et~di~:S,te::ds sh~lih~~tP~~gry 0[0 \O~s~~~t~~~osdg ~o~ ~:
ceed. in the aggregate. an amount equal to one per centum of the face amount of this
policy.
Provided. however. that the foregoing coinsurance provisions shall not apply to any
loss if. at the time of the occurrence of such loss, the then value of the premises, as so
improved. does not exceed the amount of this polley.
(b) If the land described or referred to in Schedule A is divisible into separate
and noncontiguous parcels. or if contiguous and such parcels are not used as one 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 face amount of this
policy was divided pro rata as to the value on the date of this policy of each separate
independent parcel to the whole. exclusive of any Improvements made subsequent to the
date of this gollCY. unless a liability or value has othe'rwise been agreed upon as to each
:~(iP sh~~~l b! at~ee~~~fsa~rar:~e~~eh~~~i~egr a~/~~ t~~do~sfe~~~ls~~ta~~eedoth~~~~o:OliCY
9. Subrogation upan Payment or Settlement
ro~~ro~~tral\h:e~tO~prhn: C~~~a~~v~;iH~~re3 i~a~~y U~c~e~ftr~~ ~~~i~ied~l~:dgnt s~~l~u:;
subrogated to and be entitled to all rights and remedies which the Insured would have
had against any person or property in respect to such claim had this policy not been
issued. If the payment does not cover the loss af the Insured, the Company shall be
subrogated to such rights and remedies In the proportion which said payment bears to
the amount of said loss, If loss should result from any act af the Insured. such act shall
nat void this policy, but the Company. in that event, shall be required to pay only that
part of any ioss insured a~ainst hereunder which shall exceed the amount. if any. lost to
~~~u~~~sa~~ ~hereC~~p~nyt.hes~~ra{~~~?~r Olothih~ig~~~Ja~~br~l'fa~li~~tsT~~ln~~~~cii~~
against any person or 6rQPerty necessary in order to. perfect such right of subrogation,
ri~~:t~g~ fne;orr~}n~hiuc~n;.f:~f;; '~or ~~~~~fe:ame of the Insured in any transaction or
10. Pollcy'Entire'Contract
Any action or actions or rights of actian that the Insured may have or may bring
~~a{~:t ~~~v~l~~agl t~~~s~01i~~.t of the status of the title Insured herein must be based
No provision or candition of this polley can be waived or changed except by writing
endorsed herean ar attached hereto signed by the' President, a Vice President, the
Secretary, an Assistant Secretary or other validating offIcer of the Company.
11. Notices, ,",'here Sent
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