W.A.G.I. WAGENVOORD ADVERTISING GROUP INC
Prepared by and return to:/
Wayne C. Eubanks
American Acquisition Title, Inc.
5600 West Mariner Street Ste.l04
Tarnpa,FL 33609 01-021408 JRN-23-2001 3:44PM
PINELLRS CO 8K 11197 PG 2056
1IIIlli 11111111~ IIIIIIIIIII~IIIIIIIIIIIIIIIIIIII
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Grantees tax identification number
Property folio number 16-29-15-00000-240-0190
Warranty Deed
KARLEHI F. DE BLAKER, CLb~K OF COURT
PlNELLAS COUNTy, FLORIDA
6C258260 01-23-2001 15:46:09
51 DED-CITY OF CLWE
0000000000
IU: BK: SPG:
REGORDING 006 PAGES 1
JTF
EPG:
$"28.50
TOTAL: $28.50
P CHECK AMT. TENDERED: $28.50
CHANGE: $.00
BY _____ DEPUTY CLERK
This Indenture, Made this 23rd day of January, 2001 between W.A.G.I. A DIVISION OF
*
W AGENVOORD ADVERTISING GROUP, INc., A DISSOLVED FLORIDA CORPORATION, grantor ,
whose post office address is 200 Pierce Blvd., Clearwater, FL 34616, and CITY OF
CLEARWATER, A FLORIDA MUNICIPAL CORPORAnON, grantee*, whose post office address is
100 South Myrtle Avenue, Clearwater, FL 33756.
*"grantor" and "grantee" are used for singular or plural, as context requires
WnNESSETH: That said grantor, for and in consideration of the sum of TEN AND Noll 00
DOLLARS ($10.00) and other valuable considerations to said grantor 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
Je_..J~jnellas County, Florida, wit:
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SEE EXI-llBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
SUBJECT TO RESTRICTIONS, RESERVATIONS AND LIMITATION OF RECORD, IF ANY,
AND TAXES FOR 1HE YEAR 2001 AND SUBSEQUENT YEARS. THE PURPOSE OF
THIS WARRANTY DEED IS TO WIND-UP CORPORATION AFFAIRS.
and said grantor does hereby fully warrant the title to said land, and will defend the saine against
.__.::.c. the lawful claims of all persons whomsoever.
IN WI1NESS WHEREOF, grantor has hereunto set grantor's hand and seal the day and year first
above written.
W.A.G.I. A DIVISION OF W AGENVOORD
ADVERTISING GROUP, INC., a dissolved
Florida Corporation
~ (Seal)
VI Wagenvoord ~..
President
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PINELLAS COUNTY FLA,
OFF.REC,8K 11197 PG 2057
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ~ay of
~vt-tl/ , 2001 by David Wagenvoord, President of W.A.G.I. a Division of
Wagenv06rd Advertising Group, Inc., a dissolved Florida Corporation, on behalf of the
corporation. He is personally known to me or -Fho has produced
as identification. -
(Seal)
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~~&~ Co yne C. Eubanks
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My Commission Expires:
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EXHIBIT A
PINELLRS COUNTY fLR,
Off ,REC,8K 11197 PG 2058
A parcel of land lying in Section 16, Township 29 South, Range 15 East,
Pinellas County Florida, being more particularly described as follows:
COMMENCE at the most easterly point of Pierce 100 Condominium recorded in
Condominium Plat Book 19, page 98 of the Public Records of Pinellas
County, Florida, said point lying on the westerly right of way line of
Pierce Boulevard, lying S 89023' 46" W, 92.86 feet from survey center line
station 50+79.88 of Pierce Boulevard per state Project Number 15220-2599,
also being a point on a curve concave northeasterly; thence along the arc
of said curve to the left, having a radius of 224.63 feet, a central
angle of 02024'17", the chord for which bears S 46034' 59" E, a chord
distance of 9.43 feet, an arc distance of 9.43 feet to the end of said
curve, said point lying S 64041 ' 14" W, 80.16 feet from survey center line
station 51+09.93 of Pierce Boulevard per state Project 15220-2599, said
point also being the POINT OF BEGINNING and a point on a curve concave
northeasterly; thence along said curve to the left having a radius of
224.63 feet, a central angle of 06033' 11", the chord for which bears
S 51003' 43" E, a chord distance of 25.69 feet, an arc distance of 25.69
feet to the end of said curve; thence departing aforesaid westerly right
of way line, S15019'02"E, 26.99 feet; thence S74041'01"W, 7.12 feet;
thence S 15018' 59" E, 0.90 feet; thence S 89045' 13" W, 71.09 feet to a point
on a curve concave southerly; thence along the arc of said curve to the
right, having a radius of 75.00 feet, a central angle of 15034'37", the
chord for which bears N66053'42"E, a chord distance of 20.33 feet, an arc
distance of 20.39 feet, to a point of compound curvature with a curve
concave southerly; thence along the arc of said curve to the right,
having a radius of 70.33 feet, a central angle of 29051 '19", the chord for
which bears N89036'37"E, a cho~ distance of 36.23 feet, an arc distance
of 36.65 feet to the end of said curve; thence N74041'01"E, 5.62 feet;
thence N15019'01"W, 36.83 feet to the POINT OF BEGINNING.
Said lands containing 1041 square feet, more or less.
"" .
PINELLRS COUNTY FLR,
OFF, REC ,8K 11197 PG 2059
EXHIBIT A
A parcel of land lying in Section 16, Township 29 South, Range 15 East,
Pinellas County Florida, being more particularly described as follows:
COMMENCE at the most easterly point of Pierce 100 Condominium recorded in
Condominium Plat Book 19, page 98 of the Public Records of Pinellas
County, Florida, said point lying on the westerly right of way line of
Pierce Boulevard, lying S 89023 146" W, 92.86 feet from survey center line
station 50+79.88 of Pierce Boulevard per State Project Number 15220-2599,
also being a point on a curve concave northeasterly; thence along the arc
of said curve to the left, having a radius of 224.63 feet, a central
angle of 08057 I 28" , the chord for which bears S 49051 135" E, a chord
distance of 35.08 feet, an arc distance of 35.12 feet to the end of said
curve, said point being the POINT OF BEGINNING and a point lying
S 62038 '23" W, 69.42 feet from survey center line station 50+89.28 of
Pierce Boulevard per State Project 15220-2599; thence continuing along
said curve to the left having a radius of 224.63 feet, a central angle of
15038' 33", the chord for which bears S 62009 I 35" E, a chord distance of
61.14 feet, an arc distance of 61.33 feet to the end of said curve, said
point lying S 89045 '13" W, 39.30 feet from survey center line station
50+21.15 of Pierce Boulevard per State Project Number 15220-2599; thence
departing aforesaid westerly right of way line, S 89045 '13" W, 53.56 feet;
thence N15018'59"W, 0.90 feet; thence N74041'01"E, 7.12 feet; thence
N15019'02"W, 26.99 feet to the POINT OF BEGINNING.
Said lands containing 593 square feet, more or less.
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PINELLAS COUNTY FLA.
OFF ,REC.8K 11197 PG 2060
This /5 not 0 survey
N
POINT OF COMMENCEMENT
MOST EASTERLY POINT
OF PIERCE 100 CONDOMINIUM
RECORDED IN CONDOMINIUM
PLAT BOOK 19, PAGE 98
PINELLAS COUNTY. FLORIDA
S89"23' 48"W 50+ 79.88 92.86'
DEL TA = 08'57'28" i C\ 1'0 ...-: P R C .~
~ L = 3512' ~ 0. ,,'0- (<; -<:\vc.
, R = 22453' ,,<:;0 ~ -z,~~1'l
801 ~ CB = S49'51'35"E ,~''l\ PARCEL 101 0 c:. y.--'~~
DELTA = 29'51'19" \ CD = 3508' ,{~'O1 593 SQUARE FEET, <" ~{"("'..L
L = 35.65' t...,. S" MORE OR LESS J' ~11~~
R = 70 33' .J a> \ POINT OF INESTERL Y /- ~O <'f 1::>
CB = N89'36'37"E -o.~\ BEGINNING RIGHT-OF-WAY ~ i-1~~~
CD = 362\ S, -\ 101 -i PARCEL 101 J LINE OF PIERCE ~ 'b -"7 ~
~ I ..;// BOULEVARD / \ ~~
""I ~,~ '// DELTA = 15'38'33(':: ~ ('"
DELTA = 38'30'47" ~11""","O'i\ '!b'tM~// rL=5133' 3.9
~ ': ~~~6' ._--------::J. "n"t.,..>, '/ // / 2B==2~U6~'35"E
CB = N55'25'37"E ./ - 1-\1"""" o,i / / /:'1>' CD = 6114'
CD = 49.47' /<./ _____" N15'18'59"W 0.9~' _ _u_~~~~r~5'7 L~89'45'13"W 3930'
\ ,,/' N89'45'13"E _ 71.10' ,1.1";)' K 9286' ,w 50+21.15
Q. : // Q ~ t- ,,,,,'O,.'t, N15'18'59"W 310' '.'g~
~/ ~\./ PC.C. 1'11'" / 0 ~
- ,,__3.~:2.:;:_L____.-2~_9'4~~:~~-----_--__~564'- ,N ~ S89'45'13"W 48.61'
S89'45'13"W ~ l WESTERLY .------;-' 49+9910,,,
DEL TA = 33'46'01" RIGHT-OF-WAY lINEJ Uo
L = 32.61' PIERCE BOULEVARD
DELTA = 27'01'18" R = 55.33'
L = 2830' CB = S88'25'03"E CURVE 6
R = 60.00' CD 3214'
CB = N61'10'22"E . P.I. ST A. = 49+0028
CD = 2804' PK. NAIL AND DISK
. X 396982.970
Y 1320378304
6. 22'50'54" LT.
T 17522'
L = 345.79'
R = 867 12'
PC. STA = 47+25.05
PR.C STA = 50+ 70.84
CURVE 7
PI STA = 52+32.80
5/8" IRON ROD WITH
CAP
X = 396818.532
Y = 1320672673
6 = 31'18'51" RT.
T = 161.96'
L = 31582'
R = 57786'
P.R.C. STA = 50+7084
P T STA. = 53+8666
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{~~,I',: c;~, CITY OF CLEARWATER, FLORIDA
" '. "" PUBUC WORKS ADMINISTRATION
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OFF, REC ,8K 1 1187 PG 208 1
This /5 not 0 survey
POINT OF COMMENCEMENT
MOST EASTERLY POINT
OF PIERCE 100 CONDOMINIUM
RECORDED IN CONDOMINIUM
PLA T BOOK 19, PAGE 98
PINELLAS COUNTY, FLORIDA
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fE~ T ~ 43,02'24'17" S89'23'46.W 50+ 79.88 92.86'
R = 224.63' , ~ DELTA = 06'33'11" --0 P.R.C. .n
CB = S46'34'S9"E~ L = 25.69' ~ -<:lvc.
CD = 9.43' J R = 224.63' \~ --tc~?:1l
POINT OF BEGINNING (/, ~./CB = S51'O~'43"E 0 ~-y......~~
PARCEL 801, \/' CD = 25.69 WESTERLY ('" ~r'(<'..L.
DELTA = lS'34'37" POINT OF COMPOUN t \v>/ RIGHT-OF-WAY 0' 1l-,\~~
L = 2039' CURVATURE .: 0> ~ ;; LINE OF PIERCE ~ ~~~?-
R = 75'00' DE~TA = ~9'S1'19" ~\~., BOULEVARD ~ 'bC).'Y.1l
CB = N66'S3'42"E ~ -;:, ~~ ~~. "',\ 101 ~ DELTA = 15'3S'33" \'). \ ~~
CD = 2033' l CB = N89'36'37"E SOl N '':> L = 61.33' ~ (<'
CD 36 23' ~~' '", r R = 224.63' r:;. '-9
DELTA _ 22'S6'10" = <\,'0' <- / /":0, ' CB = S62'09'35"E --0 '-9
L = 30-02' PC C '- ~1A' ,:>.62.' /.,{':'~~, ". '. CD = 61.14' J
R = 7500' "f/?;7////7// 14'4"9' ,r" -
g~ : ~~7~;~'19"E/_ // // .N~}~~~1~~9;'E/0 ~c(-&'~ ' _ ~8~~4~'~3~[. _5:3?6.' _~_ _ _ _ ~9-,3.o~ ,. _.
~ // S89'4S'l3"W 71.09' ,1.1:> 92.S6' " }oJ 50+21.15
ce0 // Q - <\.<\,'0'''( N15'lS'S9"W 310' : g ~
800 ~ / pe.e. PARCEL 801 ~1 ci ::
_'_ \ 1,041 SQUARE FEET IN (:,
/.. _29.13: .. /- _ _ _ _ . _ _ _ _ ~9R,E_ OR_ LES~ ' S89'4.5~1:3"..w_., ~2~.?~' _ _ _ _ . ,51 S89'45'13"W 48,61'
S89'45' \ 3"W ~ WESTERLY . / 49+ 99.10 '0 {\
~ DELTA = 33'46'01" RIGHT-OF-WAY L1NEJ v,
L = 32.61' PIERCE BOULEVARD
DELTA = 27'01'18" R = 55.33'
L = 28.30' CB = 588'26'03"[ CURVE 6 CURVE 7
R = 60.00' CD = 32.14' PI. STA = 49+00.28 PI. STA = 52+32.80
CB N61'10'22"E PK NAIL AND DISK 5/8" IRON ROD WITH
CD = 2804' X 396982 970 CAP
Y = 1320378304 X = 396818.532
6. = 2~L'50'54" LT. Y = 1320672673
6. = 31'18'51" RT.
T = 17522' T = 161.96'
L = 345.79' L = 31582'
R = 86712'
P.e. STA = 47+25.05 R = 577.86'
PRe. STA = 50+7084 PRC STA = 50+7084
PT STA. = 53+86.66
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CITY OF CLEARWATER, FLORIDA
PUBUC WORKS ADMINISTRATION
ENGINEERING
AI-TA OWNER'S POLICY - 10-17-92 WITH FLORIDA MODIFICATIONS .
"rf ~.oo lI\1ant1Bformation about coverage or need assistance to resolve complaints, please call 1-800-729-1902. If you mak\9' a claimcunder your policy,
you must furnish written notice in accordance with Section 3 of the Conditions and Stipulations."
Visit our World-Wide Web site at: htto://www.stewart.com
- -- -- - - - -- -- -- -- -~
POLICY OF TITLE INSURANCE ISSUED BY
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STEWART TITLE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas
corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not
exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, hut only
to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its
duly authorized officers as of the Date of Policy shown in Schedule A.
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GU ARANTY COMPANY
Countersigned:
STEWART TITLE
GUARANTY COMPANY
Authorized Signatory
Company
City, State
EXClUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy. use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or
hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a
part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of
the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage
any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to
the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or ereated subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results
from the failure:
(i) to timely record the instrument of transfer; or
(ii). of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
....... --- -- -- --- --+,;. --
Page 1 of 0 2125
Policy - _
Senal No.
229572
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SCHEDULE A
FILE NO.
POLlCY NUMBER
DATE OF POLlCY ACOUNT OF INSURANCE
00.10.0002
0-2125-229572
01 /23 /01 at 10:00 $525,000.00
AM
1. Name of Insured:
City of Clearwater, a Florida Municipal Corporation
2. The estate or interest in the land which is covered by this Policy is: FEE SIMPLE.
3. Title to the estate or interest in the land is vested in the Insured.
4. The land referred to in this Policy is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
For Company Reference Purposes Only
According to insured representation or vesting instrument(s), the street address of the
property is:
Street Name:
City/State/Zip:
County: Pinellas
The Company does not represent or insure the above address is accurate
STEWART TITLE
Reg. D 0012 Rev. 11-91 "NOT VALID WITHOUT SCHEDULE B"
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Policy
Number:
File No.:
0-2125-229572
SCHEDULEB
00.10.0002
This policy does not insure against loss or damage by reason of the following:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Encroachments, overlaps, boundary line disputes, or other matters which would be
disclosed by an accurate survey and inspection of the premises.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter
furnished, imposed by law and not shown by the public records.
5. Community property, dower, curtesy, survivorship, or homestead rights, if any, of
any spouse of the insured.
6. Any titles or rights asserted by anyone including but not limited to persons,
corporations, governments or other entities, to tide lands, or lands comprising the
shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the
line of the harbor or bulkhead lines as established or changed by the United States
Government or water rights, if any.
7. Taxes for the year 2001 and thereafter and assessments, if any, not recorded in the
public records.
8. Terms and Conditions of any existing unrecorded leases and all rights of lessees and
any parties claiming through the lessees under said leases.
9. Riparian rights, rights of accretion, reliction or submerged lands are neither
guaranteed nor insured.
10.Rights of the United States Government and lor the State of Florida arising under the
United States Government control over navigable waters and the inalienable rights of
the State of Florida in the lands or water or similar character as to any part ofthe
premises herein described in Schedule" A " which are submerged beneath navigable
waters or may be artificially filled in land in what was formerly navigable, and any
accretions thereto.
Schedule B of this Policy consists of 1 Pages
American Land Title Association Owner's Policy - 1970 (Amended 10/17/70)
Schedule B
Form 1021-12
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EXHIBIT A
PINELLRS COUNTY FLR,
OFF ,REC,8K 11197 PG 2058
A parcel of land lying in Section 16, Township 29 South, Range 15 East,
Pinellas County Florida, being more particularly described as follows:
COMMENCE at the most easterly point of Pierce 100 Condominium recorded in
Condominium Plat Book 19, page 98 of the Public Records of Pinellas
County, Florida, said point lying on the westerly right of way line of
Pierce Boulevard, lying S89023'46"W, 92.86 feet from survey center line
station 50+79.88 of Pierce Boulevard per State Project Number 15220-2599,
also being a point on a curve concave northeasterly; thence along the arc
of said curve to the left, having a radius of 224.63 feet, a central
angle of 02024 117", the chord for which bears S 46034' 59" E, a chord
distance of 9.43 feet, an arc distance of 9.43 feet to the end of said
curve". said point lying S 64041'14" W, 80.16 feet from survey center line
station 51+09.93 of Pierce Boulevard per State Project 15220-2599, said
point ~lsobeing the POINT OF BEGINNING and a point on a curve concave
northeasterly; thence along said curve to the left having a radius of
224.63 feet, a central angle of 06033'11", the chord for which bears
S 51003'43" E, a chord distance of 25.69 feet, an arc distance of 25.69
feet to the end of said curve; thence departing aforesaid westerly right
of way line, S15019'02"E, 26.99 feet; thence S74041'01"W, 7.12 feet;
thence S15018'59"E, 0.90 feet; thence S89045'13"W, 71.09 feet to a point
on a curve concave southerly; thence along the arc of said curve to the
right, having a radius of 75.00 feet, a central angle of 15034'37", the
chord for which bears N66053'42"E, a chord distance of 20.33 feet, an arc
distance of 20.39 feet, to a point of compound curvature with a curve
concave southerly; thence along the arc of said curve to the right,
having a radius of 70.33 feet, a central angle of 29051 '19", the chord for
which bears N 89036' 37" E, a cho:r;s3. distance of 36.23 feet, an arc distance
of 36.65 feet to the end of said curve; thence N74041'01"E, 5.62 feet;
~hence N 15019'01"W, 36.83 feet to the POINT OF BEGINNING.
Said lands containing 1041 square feet, more or less.
....
PINELLRS COUNTY FLR.
OFF,REC,8K 11197 PG 2059
EXHIBIT A
A parcel of land lying in Section 16, Township 29 South, Range 15 East,
Pinellas County Florida, being more particularly described as follows:
COMMENCE at the most easterly point of Pierce 100 Condominium recorded in
Condominium Plat Book 19, page 98 of the Public Records of Pinellas
County, Florida, said point lying on the westerly right of way line of
Pierce Boulevard, lying S 89023' 46" W, 92.86 feet from survey center line
station 50+79.88 of Pierce Boulevard per State Project Number 15220-2599,
also being a point on a curve concave northeasterly; thence along the arc
of said curve to the left, having a radius of 224.63 feet, a central
angle of 08057' 28" , the chord for which bears S 49051 '35" E, a chord
distance of 35.08 feet, an arc distance of 35.12 feet to the end of said
curve" said point being the POINT OF BEGINNING and a point lying
S 62038" 23" W, 69.42 feet from survey center line station 50+89.28 of
Pierce Boulevard per State Project 15220-2599; thence continuing along
said curve to the left having a radius of 224.63 feet, a central angle of
15038' 33", the chord for which bears S 62009 I 35" E, a chord distance of
61.14 feet, an arc distance of 61.33 feet to the end of said curve, said
point lying S 89045 '13" W, 39.30 feet from survey center line station
50+21.15 of Pierce Boulevard per State Project Number 15220-2599; thence
departing aforesaid wes terly right of way line, S 89045 '13" W, 53.56 feet;
thence N15018'59"W, 0.90 feet; thence N74041'Ol"E, 7.12 feet; thence
N15019'02"W, 26.99 feet to the POINT OF BEGINNING.
Said lands containing 593 square feet, more or less.
..
;0.
..
....~ ... ,'~.-
CONDITIONS AND STIPULATIONS Continued
(continued and concluded from reverse side of Policy Face)
(a) The liability of the Company under this policy shall not exceed the least
of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect, lien
or encumbrance insured against by this policy.
ili) (This paragraph removed in Florida policies.)
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of the Conditions and Stipulations.
8. 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 the
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 Date of Policy of each separate parcel to the whole, exclusive of any
improvements made subsequent to Date of Policy, unless a liability or value has
otherwise been agreed upon as to each parcel by the Company and the insured
at the time of the issuance of this policy and shown by an express statement or by
an endorsement attached to this policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect, lien
or encumbrance, or cures the lack of a right of access to or from the land, or
cures the claim of unmarketability of title, all as insured, in a reasonably diligent
manner by any method, including litigation and the completion of any appeals
therefrom, it shall have fully performed its obligations with respect to that matter
and shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company or with
the Company's consent, the Company shall have no liability for loss or damage
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.
(c) The Company shall not be liable for loss or damage to any insured for
liability voluntarily assumed by the insured in settling any claim or suit without the
prior written consent of the Company.
TO. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY.
AII/ayments under this policy, except payments made for costs, attorneys'
fees an expenses, shall reduce the amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Compan}Lmay pay under any policy insuring
a mortgage to which exception is taken in Schedule Borto which the insured
has agreed, assumed, or taken subject, or which is hereafter executed by an
insured and 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 to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorse-
ment of the payment unless the policy has been lost or destroyed, in which case
proof of loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely
filled in accordance with these Conditions and Stipulations, the loss or damage
shall be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation,
Whenever the Company shall have settled and paid a claim under this pol-
icy, all right of subrogation shall vest in the Company unaffected by any act of
the insured claimant.
The Company shall be subrogated to and be entitled to all rights and reme-
dies which the insured claimant would have had against any person or property
in respect to the claim had this policy not been issued. If requested by the Com-
pany, the insured claimant shall transfer to the Company all rights and remedies
against any person or property necessary in order to perfect this right of subro-
gation. The insured claimant shall permit the Company to sue, compromise or
settle in the name of the insured claimant and to use the name of the insured
claimant in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and remedies
in the proportion which the Company's payment bears to the whole amount of
the loss.
If loss should result from any act of the insured claimant, as stated above,
that act shall not void this policy, but the Company, in that event,shall be
required to/ay only that part of any losses insured against by this policy which
shall excee the amount, if any, lost to the Company by reason of the impair-
ment by the insured claimant of the Company's right of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall exist
and shall include, without limitation, the rights of the insured to indemnities, gua-
ranties, other policies of insurance or bonds, notwithstanding any terms or condi-
tions contained in those instruments which provide for subrogation rights by rea-
son of this policy.
14. ARBITRATION
Unless prohibited by applicable law, arbitration pursuant to the Title Insur;
ance Arbitration Rules of the American Arbitration Association may be demanded
if agreed to by both the Company and the insured. Arbitrable matters may
include, but are not limited to, any controversy or claim between the Company
and the insured arising out of or relating to this policy, any service of the
Company in connection with its issuance or the breach of a policy provision or
other obligation. Arbitration pursuant to this policy and under the Rules in effect
on the date the demand for arbitration is made or, at the option of the insured,
the Rules in effect at Date of Policy shall be binding upon the parties. The award
may include attorneys' fees only if the laws of the state in which the land is
located permit a court to award attorneys' fees to a prevailing party. Judgment
upon the award rendered by the Arbitrator(s) may be entered in any court
having iurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto by
the Company is the entire policy and contract between the insured and the Com-
pany. In interpreting any provision of this policy, this policy shall be construed as
a whole.
(b) Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the title to the estate or interest covered hereby or
by any action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by
a writing endorsed hereon or attached hereto signed by either the President, a
Vice President, the Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under
applicable law, the folicy shall be deemed not to include that provision and all
other provisions shal remain in full force and effect.
17. NOTICES. WHERE SENT.
All notices required to be given the Company and any statement in writing
required to be Furnished the Company shall include the number of this policy
and shall be addressed to the Company at P.O. Box 2029, Houston, Texas
77252-2029.
STE'VAIIT ~I"'ITLE
GUARANTY COMPANY
CITY OF CLEARWATER, FLORIDA
WARRANT RECEIPT ACKNOWLEDGMENT
WIP No. : 2570931
Project: 15220-1599
County: Pinellas
Parcel No. : 101, 801
This is to acknowledge that the subject parcels have been vacated as required by
provisions of that certain Purchase Agreement between the undersigned and the
City of Clearwater dated November 13, 2000, as amended; and that all existing
keys to the broadcasting building have been delivered herewith. The undersigned
aCkriowledgenerebyfecelpt-of-rny- Of CreariNa-rer clieck~0:-32131Y2-in-The------~~-
amount of $125,000 representing complete and final payment to Wagenvoord
Advertising Group, Inc., d/b/a WTAN Radio Station, on Parcels Number 101 and
801 of the above referenced'
Signed:
-,
Printed N
'.. Dave Wagenvoord, President
Address:
Date:
2360 N. E. Coachman Rd.. Clearwater, Florida 33765
September /r ,2001
Signed: ~ d!~.e
Printed Name: Lola Wagenvoord, Vice-President
Date:
September If' , 2001
Delivered By:
~~
Earl W. Barrett
City of Clearwater
Real Estate Services Manager
Negotiated By:
~~~~
American Acquisition Group, Inc.
Consultant Project Manager~