ELMER AND DOROTHY ASTWOOD DARLING
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TO:
FROM:
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'fITY OF CLEARWATER
Interdeportment Correspondence Sheet
Ci ty Attorney
Right of Way Agent
COPIES: City Manager and City Engineer
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SUBJECT: Myrtle Avenue Extension
DATE:
May 12, 1964
RE: MRW 11
Elmer Harold Darling and
Dorothy A. Darling, husband and wife
The Agreement for Purchase and Sale of Real Estate between these owners
and the City has been executed in duplicate and is hereto attached for
completion.
It is to be noted that the Agreement provides that the City will construct
a drop curb to provide access on the East line of said property inasmuch
as there is no access to subject Lot 15 on the West, or Garden Avenue
side of this property; and the owners have established by useage access
on the East, or Myrtle Avenue side of the property.
The contract provides that the owners will furnish title insurance, place
the necessary documentary tax stamps on the deed, and pay all current
taxes for the year 1964.
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Myrtle Avenue Extension'
MRW11
CITY OF CLEARWATER
CITY HALL - PO BOX 1348
CLEARWATER, FLORIDA
AFFIDA VIT OF NO LIENS
STA TE OF FLORIDA )
COUNTY OF PINELLAS )
Before me, the undersigned authority, personally appeared
ELMER HAROLD DARLING and DOROTHY ASTWOOD DARLING, husband and
wife.
who, being first duly sworn, depose and say
1. . That thevare the owners of the
following described property in Pinellas County, Florida, to wit:
That part of Lot 15, E. F. HOYT.S TWIN-OAKS SUBDIVISION,
as recorded in Plat Book 5, page 50 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
o
South, Range 15 East; run thence N 0 10.04" E, along the East
line of said Section 9, 1,396.46 feet; thence N 78059'11" W,
15.29 feet for the point of beginning; Continue thence N 78059111"
o 0
W, 15.29 feet; thence N 0 10.04" E, 52.80 feet; thence S 78 59'11"
o
E, 15.29 feet; thenceS 0 10104" W, 52.80 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 improvements 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 improvements thereto
by any government, whether or not said assessments appear of record.
6. That the representations embl'acedherein are for~~hepurp_ose of
induclngthe CltvoIC:learwater to purchase the above described property.
eR~-_~ J~.-eJ ,({J~. .
Elmer Harold Darling J
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Sworn to a,nd subscribed before me this 3rd
June
, 1964.
, .. . Notary Public. state of Florida at [arglf
My Commlsslon ExplresMY r~omn'l:$s'on Exp:res March 30.1965.
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WARRANTY DEED
DREW'S FORM 01 IREV.)
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195055B
r R 1941 PAGE472. '
Manufacture 'and far sale by The H. & W. B. Drew Company
Jacksonville, Florida
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This Uarranty Jeed Made the 3rd
June
A. D. 1964
day of
ELMER HAROLD DARLING and DOROTHY ASTWOOD DARLING,
husband and wife,
hereinafter called the grantor, to the CITY OF CLEAR WATER, FLORIDA, a
municipal corporation,
whose postoffice address is
hereinafter called the grantee:
(Wherever used herein the terms "grantor" 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)
Uitnessdh: That tTle 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, re-
mises, releases, convey's and confirms unto the grantee, all that certain land situate in Pinellas'
County, Florida, viz:
T hat part of Lot 15, E. F. HOYT'S TWIN-OAKS SUBDIVISION,
as recorded in Plat Book 5, page 50 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 0010'04" E, along the East
o
line of said Section 9, 1,396.46 feet; thence N 78 59'11" W,
15.29 feet for the point of beginning; Continue thence N 78059' 11"
o 0
W, 15.29 feet; thence N 0 10'04" E, 52.80 feet; thence S 78 -
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59'11" E, 15. 29 feet; thence S 0 10' 04" W, 52. 80 feet to the
P.O.B.
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Jog ether with all the tenements, hereditaments and appurtenances thereto belonging or ,in any-
wise appertaining.
J 0 Jl4IJe and to JlDld, the same in fee simple forever.
lnd 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 31, 19 63.
~n Uitness Uhereof, the said grantor has signed and sealed these presents the day and year
first above written.
Signed, sealed and delivered in our presence:
STATE OF
COUNTY OF
FLORIDA
PINELLAS
I HEREBY CERTIFY that on this day, before me, an officer duly ,
authorized in the State aforesaid and in the County aforesaid to take
ackn.'?\'Y~!'\~aWIIP.,ts, personally appeared ELMER HAROLD
,,~:~A:~~:~ttq.d DOROTHY ASTWOOD DARLING,
.}: <>tirt.Sba.Ii~~&';'Mfe,
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.C to ,me J\.T)'.'wn'.t.. 1>t",tlic persons described in and who executed the
.,. ~f'.'r'~jryz -i;:{strume~tat$ .... they acknowledged before me that they
. '"-'c~ecuteiQi fu.; ~,:,.f". ..f(
~~ \'< .wJjNiss my hand and
,~' ."'" <. S.ia~~.,-i'ast aforesaid this
, ',,' J Y
NJ arv Public, State of--F i
My Comm sson Expires March 3D, 1965,
Bonded by Ame.rif'9fl~.urety. .co, of N. ~
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s'rATE OF FLOF~IDA
DOCUMENTAI?",Y: STAMP TAY.
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official seal in the County and
3rd day of
. D. 19 64.
by
Title 6< Trust Company of Florida-No. T-1l2 I
- American Title Association Owner's Policy - 1960 '.
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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 in-
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 shan 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.
iltitlr & iltrust Qrompany of3J;lorilla
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(Not valid unless countersigned)
(Facsimile)
Secretary
PINELLAS COUNTY TITLE COIvlPANY
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Vice-President
By:
Authorized Signature
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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 at her
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 Clearh'ctter)
il 0-23-64
~~~~e~~:n~~\~~ d~~~e:n~fisP~brr:a"t~d tg~i~~~~e;'i:~ P~~, c~~~~i t~~~~~:r:' aftifa~l?&Y e~t
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 obigated hereunder to pay.
all cos~~) im~~:e~o~~;nlh~I}~~';ledi~na~i~l~i~t~o~ ~~~i~~ssO~n~~r~~ea~~~sta~~ }~~s t~~li~~:
sured, and all costs and attorneys' fees in litigation carried on by the fnsured 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 01' excluded herein removes such defect, lien or encumbrance within a reason-
i~~~r~\Trn a~~~[li~~ce1~~ ~faf~c~r n~J:fe~I?~o~~) j~it~~~~ht:entO~~nl~~ilto~~~~~d by the
(d) All payments under this polley, 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 destruction shall be fur-
nished to the satisfaction of the Company.
(e) When liability has been definitely fixed in accordance with the conditions of
this policy the loss or damage shall be payable within thirty days thereafter.
7. Liability Noncumulative
cJ~~sa~~p~e:~I~a~~~~S:~~~;hg~l}~~ la~~~i~~ Ot1~h~~lf3li~Yo~S ;:i~~fteyd o~y a~~y ~:Jif~~:et~~
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 Hen on the land described
or referred to in Schedule A.
CONDITIONS AND STIPULATIONS
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1. Definition of Terms
The following terms when used in this policy mean:
(a) "land": the land described, specifically or by reference, in Schedule A and
improvements affixed thereto which by law 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 Polley
This policy does not insure against loss O'r 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
~~~l~~n~nj~:mZeOJi~f th'ed\~~~~e~~ :::~\~cN::: t~~ ~h~~~ac\~nr~ 3rm~~~r~~~~i~~ Itgc~t~~~ugf~~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, r,ights 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 oile 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 (21 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 writing by the Insured shall have been made to the Company prior
~~e~~~dd~~eb~~q~h~~tPt~ilh~ ~at~)h~i~~}~ing in no loss to the Insured; or (4) attaching or
__ (_f_) Loss _ or- damage which-nwould -n-0t-- haven-been sust-alned---1:~'the-Insured- 'we-te- _~_c:
purchaser for value without knowledge.
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?roceedings commenced
;~~~aS~g~~slng~rf~is ';~ffc~,l~A~a~~r;, ~u~~~~~~~hUfl~lg:tig~r~~tfi~l:r d~~e~~~':t~w~~n~ tii{;
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 which might cause loss or damage for which the
Company shall or may be liable by virtue of thIs policy, the Insured shall notify the
Company thereof in writing. If such notice shall not be given to the Company within ten
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
~~~hc~~eIj~alc:~all be actually prejudiced by such faIlure and then only to the extent of
(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
acti'on under the terms of this policy whether 01' not it shall be liable thereunder and
shall not thereby concede liability or waive any provision of this pollcy.
or pro~~~e If~railh~a~~~e~~eer;f t~A~ Pa~ll[g'n p;:~~t~c~~d[~i,Ui[~: i~iu<;~d~h~Ii ~~c~~~S~~U\i
the right to so prosecute or provide defense In such action or proceeding. and all ap-
peals therein, and permit it to use, at its option, the name of the Insured (or such pur-
pose. Whenever requested by the Com~any the Insured shall give the Company all
~~~~it;i~c; ~ t~~~s:s~c~r a~tig~eco~ti~~oc~: ~~fen~n~f~~~~g a~il~~e~~n~r~~~~d:g~, e~~~ent~e
Company shall reimburse the Insured for any expense so incurred,
4. Notice of Loss - Limitation of Action
In addlti'On to the notices'requlred under paragraph 3(b), a statement in writin:h of
~~YfJ~~JShl~dd~~f~: ~~~,;~A~h ~It~~ncl~~~:dd~~i ;f~~t:~lh ifo~~a~~e d~r;:;:~e t~~~lfo~~~ ~e~l~
~~f:[;~"a~v~ ~~~er"~u~\fhs\a~~~~~ii~hsa~rlhaavcirb:e~o f~~~i:h:~~e: n:tn~~r r~~b~e~~II~hal~n ~i~
had by the Insured under this pollcy unless action shall be commenced thereon within
~It~o~:a~~ ~~~~::.p~rra\lgncoo~~~lgceth~~~h ~~rio~er~lfhl~a~~~r~i~e f~~~~f~b:f~~ sst;~~fri;~~
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 Com"pany shall have the option to payor settle or compromise for or in the name
of the Insured any claim insured against or to pay the full amount of thIs polic;,." and
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8. Coinsuranc(' and Apportionment
I 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 hereinafter set forth.
If the cost of the alteration or improvement exceeds twenty per centum of the amount
,_ot.1bi.s._--R.Qlic~..JiJJ.,J;.b. "IlfDPD-I:.tion--onq- oLan-y, ~ar-Ual loss-ez.tabl-l-shed -shall be- - borne -by
the Company as one hundred twenty per centum of the amount of this policy bears to
the sum of the amount of this policy and the amount expended for the alteration or im-
provement. The foregoing provisions shall not apply to costs and attorneys' fees incurred
by the Company in prosecuting or providing for the defense of actions or proceedings in
~~~~~~d01nt~~cI;SaU;t~gn~u~~u;~~et~di~:S.te:~s s~~lih~~l~~gry 0[0 t~s~~~tswt%1;osdg ri~ ~~:
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 polIcy.
(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 pal-cel to the whole, exclusive of any Improvements made subsequent to the
date of this goliCY. unless a liability or value has otherwise been agreed upon as to each
~~dh s~~~~l bl at~ee~~~rsa~rafen~e~~eh~~~i~egr a~/~~ t~~30~Ie~~~tIS:rt~~~dofh~~~~0~01lCY
9. Subrogation upon Payment or Settlement
ro~~~on;~ral\h~e~O~P~;l ~g~~a~~v~;:g~~red i~a~~y u~c~e~ft~~~ ~~~I~ied~l~iJgnt s~~lTu:~
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 of 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 of the Insured, such act shall
not void this policy, but the Company. in that event, shall be required to' pay only that
part of any loss insured a~alnst hereunder which shall exceed the amount, if any. lost to
~~~u~~~Ea~~ ~here~~~p~nyt.hes~~ral~~~?~r o~othfh~ig~~~ta~~br~lfa~II~r;itsT~~Jn~~~~dl~~
against any person or 6roperty necessary in order to gerfect such right of sUbro1ation,
ri~~:t~g~ Rte:orr~}~~h;uc~n;.f:~& ~or ~~~~~fetame of, t e Insured In any transact on or
10. Policy Entire Contract
Any action or actions or rights of action that the Insured may have or may brlna
~~a~g~t ~~~v~f~~ag{ t~~~s';Q'l~~.t of the status of the title insured herein must be base
en~grf:3v ~~~~rir oCrona~\~g~e~f ~~;:tEO~II~nec:n b~e th:IV:~es~de~~~n:e~I~~c~;es~~e~~itth~
Secretary, an Assistant Secretary or other validating offlcer of the Company.
11. Notices, Where Sent
be Ai~ r~~~~:J i~~ u~~~p~n~e s~~lTnb~h:d~~~~ead'~oartd a~n~t~~:re~~r~~thr~\I.~gJ i~~~~~~111~~
Florida.
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