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PINELLAS COUNTY (6) ,. .\ (j (}~ /(1, ~ ,'" V) lY) t'f) 6v _\). '~ '~ rJ) ~~,~,' ~~ ~ ~~ ~ c,~e3 e 2: 0: E 1.&1 Q: 11\ ':'\I"tJl;iJ ,- .JII '\"EU.:t:~; .:r.. fL,~R:.~:. \ ~', t('~;.a~ ,~. ..&J...: , " ,X};t,LFRlC- CiR~:U1r cC),\R. \11I17 3 ", f~ '15 I 75037560 J u. t.4213 tACt S2:l FEE SIMPLE DEED THIS INDENTURE, Made this .:l7?1 A.D./,?r day of A?IIM6 between PINELLAS COUNTY, FLORIDA, a political subdivision of the State of Florida, party of the first part, and the CITY OF CLEARWATER, a municipal corporation of the State of Florida, party of the second part, WITNESSETH, That the said party of the first part, for and in con- sideration of the sum of One Dollar and other good and valuable considera~ tions in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, sold and transferred, and in the County of Pinellas, State of Florida, to wit: THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY: PROPERTY DESCRIPTION: That part of fractional Section 16, Township 29 South, Range 15 East, beginning at a point which is reached by measuring North 0019'55" West 150.18 feet along the West boundary of Osceola Avenue in the City of Clearwater, Florida, from the inter- section of this boundary with the south boundary of the North 1982 feet of said Section 16; and thence South 89017'46" West 548.45 feet to a Point of Beginning for the following described plot of land; this same point being otherwise located by a survey beginning at the Northeast corner of said Section 16, and running thence West without variation 1692.97 feet; thence South without variation l828.55 feet to a point in the middle line of said Osceola Avenue; thence West without variation 19.12 feet to the West boundary of said Avenue; and thence South 890l7'46" West 548.45 feet to the above mentioned Point of Beginning. From the P.O.B. thus established, run thence South 89017'46" West 118.59 feet to the outer edge of a sea wall; thence South 0001'29" ~vest 49.0l feet; thence North 89040'05" East 117.43 feet; thence North 0021'55" West 30.7l feet; thence North 89038'05" East 1.5 feet; and thence North 0021'55" West 19.07 feet to the P.O.B. Beginning at the Northeast corner of Section 16, Township 29 South, Range 15 East and run thence West l7l2.09 feet; thence South 1828.55 feet; thence South 89017'46" West 667.04 feet; thence South 0001'29" West 49.01 feet; thence North 89040'05" East 4.5 feet for Point of Beginning; from Point of Beginning thus established run thence South 0001'29" West 67.04 feet; thence North 890l3'l4" East 128.36 feet; thence North 0005'40" West 5l.40 feet; thence North 50004'13" East 2l.29 feet; thence North 0005'40" West 1.08 feet; thence South 89040'05" West 144.58 feet to the Point of Beginning. Page 1 of 5 fA -OICJ -D3 (If) , " .j,,,,~, - . ,.,_.... ..... ...;"'" - ,-.,-'...---_:~.;..',.--- c "."" ,..\._::;._,>__<:,~;~."';';" ". ~..~, ~ - .1 I ~ , I ., ". :'.. " i., ".:,: . ,0. R. 4273- PAGE '524 Begin at the Northeast corner of Section 16, Township 29 South, Range 15 East, thence run West 1712.09 feet;, thence South 1828.55 feet; thence South 89017'46" West 667.04 feet; thence South 0001'29" West 49.01 feet; thence North 89040'05" East 4.5 feet; thence South 0001'29" West 101.25 feet; thence along a curve to the left whose chord bears South 4008'43" East 36.59 feet for Point of Beginning; thence along a curve to the left whose ,chord bears South 42018'13" East 56.52 feet; t..l1.ence Nort,h 88037'17" East 87.97 feet; thence North 0005'40" West 41.35 feet; thence South 89013'29" West 125.87 feet to Point of Beginning, and Begin at the Northeast corner of Section 16, Township 29 South, Range 15 East and run thence West 1712.09 feet: thence South 1828.55 feet';' thence South 89017'46" West 667.04 feet: thence South 001'29" West 49.01 feet: thence North 89040'05" East 4.5 feet: thence South 0001' 29" West 67.04 feet for Point of Beginning; thence North 89013'14" East 128.36 feet: thence South 0005'40" East 70.85 feet: thence South 89013'29" West 125.87 feet: thence on a curve to the right chord bearing North 4008' 43 West 36.59 feet:thence North 0001'29" East 34.25 feet to Point of Beginning, subject to mortgage in favor of First National Bank of Clearwater~ Begin at the N.E. corner of Section 16, TownShip 29 South, Range 15 East, thence West 1712.09 ft.: thence South 1828.55 ft.,; thence South 89017'46" W., 464.46 ft; thence South 0042'25" E., 50.27 ft. for P.O.B.; thence South 89040'05" West 54.12 ft. thence South 0005'40" East 1.08 ft.: thence South 50004~13" West 21.29 ft.; thence South 0005'40" East 163.60 ft. thence South 30009'01" East 29.90 ft.: thence South 89046"25" East along the North line of Haven St., 104.05 ft. thence North 1032'35" East 176.37 ft.; thence North 43035'43" West 39.23 ft.: thence South 89040'05" West 27.0 ft. to P.O.B. Lots 2 and 3, Block 6 of A.C. Turner's Subdivision, as recorded in Deed Book "K", page 475 of the Public Records of Hi1lsborough County, Florida, of which Pinellas County was formerly a part. Lots 1, 2, 3 and 4 of H.E. Tooke's Subdivision, as recorded in Plat Book 3, page 37, Public Records of Pinel1as County, Florida. That piece of land located in Section 16, Township 29 South, Range 15 East, described as follows: Begin at a Point 239 feet south of the southeast corner of Bay Street and Haven Avenue for a Point of Beginning; thence east 113~ feet or more, which shall be one half of the distance; from Bay Street to Oak Street, thence south 100 feet, thence west l13~ feet or more to Bay Street, thence north along Bay Street 100 feet to the Point of Beginning, being in Clearwater, Pinellas County, Florida f !. Page 2 of 5 ,-,.,.. ....,_.. _-,,,......."".,.''''' ... .,'~ _~ W' "__.~ .-....,._ ........'_~~ "'_" .,~_'""~_. ,...-.......,.._, ,.,..__, . '\"" -<L .....-'___ --_.....__...-...--.._....---::--~_...~.._--~---,........_~':------..<' .;. __._....,... __....~..'........'_,.~........ -It ;e;'1lQ r '. I I O. R. 42_/3 -_: 525 ' THAT LIES WITHIN A PARCEL OF LAND DESCRIBED AS FOLLOWS. TO WIT: -TRACT B" A ~ract of land lying within theSW~ of the N~ of Section 16, Township 29 South, Range 15 East, pinellas County, Florida, being more particularly described as follows: COmmencing at the east ~ corner of Section 16, Township 29 S., Range 15 E.i thence run N 89012'06" W., for a distance of 1855.12 feet to a point, said point being a point of curvature on the centerline of construction for the City of Clearwater's proposed extension of pierce Street, between Chestnut Street and Cleveland Street as indicated by construction plans prepared by the City Engineer in November, 1974 and referred to as Job Number 7244-D: thence run along the aforementioned centerline by a curve to the right having a radius of 235.25 feet, through a central angle of 09048'55", an arc of 40.30 feet, and a chord bearing N 85021142" W., for a distance of 40.25 feet to the intersection with the west Right of Way line of Oak Street as it presently exists: thence run N 00011146" W., along the aforementioned west Right of Way line for a distance of 13.79 feet, to the intersection with the south line of Lot 4, H. E. Tooke1s Subdivision as recorded in Plat Book 1, page 37 of the Public Records of pinellas County, Florida for a ?oint of Beginning: thence run N 89033156" W., along the aforementioned south line of Lot 4 for a distance of ,112.98 feet to the intersection with the proposed west Right of Way line of pierce Street Extension; thence run along said proposed Right of Way line by a curve to the right having a radius of 265.25 feet, through a central angJ..e of 48001115". an arc of 222.31 feet, and a chord bearing N 31001'05" W., for a distance of 215.85 feet to a Point of Tangency: thence run N 07000127" W., for a distance of '29.84 feet to the intersection with the east Right of Way line of Bay Street as it presently exists: thence run N 00000'54" E., along the aforementioned east Right of Way line of Bay Street for a dis- tance of 193.06 feet to the intersection with the proposed east Right of Way line of pierce Street Extension: thence run along said proposed Right of Way tIne by a curve to the right having a radius of 260.00 feet, through a central angle of 30041100", an arc of 139.24 feet, and a chord bearing S 22020'57" E., for a distance of 137.58 feet to a Point of Tangency: thence run S 070001271' E., for a distance 'of 88.78 feet to a Point of curvature: thence run along a curve ~o the left having a radius of 205.25 feet, through a central angle of -72000122" an arc of 257.95 feet, and a chord bearing of S 43000140" E., for a distance of 2~1.30 feet to the intersection with the west Right of Way line of Oak Street as it presently exists; thence run S 00011146" E., along the aforementioned west Right of Way line of Oak Street for a distance of 16.72 feet to the Point of Beginning. As Public Road Right of Way containing 0.563 acres, M.O.L. Page 3 of 5 " I I .. O. t. 4273 PAGE 526 "TRACT C" A tract of land lying within the NW~ of the SE~ of Section 16, Township 29 South, Range 15 East, Pinel1as County, Florida, being more particularly described as follows: Commencing at the east.~ corner of Section 16, Township 29 S., Range 15 E.; thence run N 89-12-06 W., for a distance of 1855.12 feet to a point, said point being a point of Curvature on the centerline of con- struction for the City of Clearwater's proposed ex- tension of Pierce Street, between Chestnut Street and Cleveland Street as indicated by construction plans prepared by the City Engineer in November, 1974 and- referred to as Job Number 7244D-D; thence run along the aforementioned centerline by a curve to the right . having a radius of 235.25 feet; through a central angle of 83-15-42, an arc of 341.87 feet, and a chord bearing N 48-38-18 W., for a distance of 312.57 feet to a Point of Tangency; thence run N 07-00-27 W., for a distance of 88.78 feet to a Point of Curvature; thence run by a curve to the left having a radius of 230.00 feet, through a central angle of 54-36-21, an arc of 219.00 feet, and a chord bearing N 34-18-37 W., for a distance of 211.00 feet to a Point of Reverse Curvature; thence run by a curve to the right having a radius of 288.00 feet, through a central angle of 20-43-41, an arc of 104.19 feet, and a chord bearing N 51-14-58 W. ,for a distance of 103.62 feet, to the intersection with the north Right of Way line of Haven Street as it presently exists; thence continue .by same curve to the right having a radius of 288.00 feet, through a central angle of 06-04-43, an arc of 30.55 feet, and a chord bearing N 37-50-45 W., for a distance of 30.54 feet, for a Point of Begin- ning'; thence run S 87-55-45 W., for a distance of 32.26 feet to the intersection with the proposed West right of way line of Pierce Street Extension; thence along said proposed right of way line by a curve to the right having a radius of 314.50 feet, through a central angle of 24-21-35, an arc of 133.71 feet, and a chord bearing N 18-59-02 W., for a distance of 132.94 feet to a Point of Tangency; thence run N 07-16-40 W., for a distance of 100.00 feet to a "cross" cut in a concrete seawall; thence run along said seawall N88-36-33 E., for a distance of 80.43 feet to the intersection with the proposed East right of way line of Pierce Street Extension and "x" cut in seawall; thence along said proposed right of way line S 07-16-40 E., for a distance of 94.47 feet to a Point of Curvature; thence by a curve to the' left having a radius of 182.23 feet, through a central angle of 71-38-00, an arc of 227.83 feet and a chord bearing S 43-05-40 E., for a distance of 213.28 feet to the intersection with the north line of Haven Street as it presently exists; thence run S 89-50-27 W., along the aforementioned . Right of Way line of Haven Street for a distance of 88.38 feet; thence run N 30-50-33 W., for a dis- tance of 29.90 feet; thence run S 87-55-45 W., for a distance of 46.25 feet to the Point of Beginning. As Public Road Right of Way Containing 0.485 acres,M.O.L. Page 4 of 5 ,,- -~-.,-. ~.".","...'..,~-...,...,...-"~ .> , ., ; I.. . .'. , > ~. ~. 4273 PAGf 527 TO HAVE AND TO HOLD the same in Fee Simple forever. IN WITNESS WHEREOF, the said party of the part has caused these presents to be signed in its name by its Chairman, and its County seal to be affixed, attested by its Clerk the day and year above written. PINELLAS COUNTY, FLORIDA, a political subdivision, by and through its governing bod he Board of County Commisso er:. Attest: By jJ I! ~,~" .A,_, I!!f I.J ' er , \ ,1' . ""'.'" " .';;,,.,.,.'I'f"'... ,...' Signed, sealed and del ivered 1n our presence: ~AP;?~~ ~e.~ - STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY, That on this J.J;t;/ day of ?//~ A.D., 19 7 j, before me personally appeared ~ ,~ ~ and k!- I U<.~ respectively Chairman and Clerk of the Board of County Commissioners, of Pinellas County, Florida, a political subdivision under the laws of the State of Florida, to me known to be the persons described in and who executed the foregoing conveyance to , and severally acknowledged the execution thereof to be their free act and deed as such officers, for the uses and purposes therein mentioned; and that they affixed thereto the official seel of said political subdivision and.the said instrument is the act and deed of said political subdivision. 1 t jJ/J -L-,., " , .., sea a ~,""'.:\ ," .... ,-~' -',\.,... -- ......,:.J ' and State of !i72ru-~~'::""" " ~~:,::\; ~,:,_,; I..' / ~'~' \ ~ ~/,' ,_ _'. ~.7~': ,~~ the day and year last aforesaid. ~,a ~""""".'""~,,,,,-',--,', :.:/",.:".,....,,":::,','~,: ~ - ' ' .' '0' ,(SEAL); li . . :- . NO'TARY PUBLIC STATE"OFI;LQRlD,,:\ ~;~~It~{',:/ ' My CORVnl SS 1 on expl res MY CDr>IIMISSION EXPIRES AUG. ,7; 1975',:~ . IjENERALINSURANCE UNDEHWKU,f.RS, IN~" WITNESS my signature and official (j) . /J/l.,' 1n the County of V'-~ This instrument prepared by; D.W.Rynders County Atturney's office 315 Haven Street Clearwater, Fla~ RETURN TO: CITY CLERK P. O. BOX 4748 Page Sof 5 I '[ ,I:: ,'. r: ',n i7'L'\. 3~518 PT3~(6-72) . "SCHEDULI A" FOR USE WITH OWNER'S pJLICY SCHEDULE A File No. 75-3047 Policy No. FL-29-1380-0-000013 Amount $326,892.00 1. Policy Date December 16, 1975 8:00 A.M. P.M. 2. The Insured hereunder is: CITY OF CLEARWATER, a municipal corporation of the State of Florida 3. The estate or interest of the Insured in the real estate described below covered by this Policy is fee simple 4. Title to the estate or interest covered by this policy at the date hereof is vested in the Insured. 5; The land referred to in this policy is located in the County of Pinellas State of Florida and described as follows: SEE ATI'ACHED FOR FULL LmAL ORANGE STATE TITLE CO., INC. P. O. Box 2513 Clearwater, Florida 33517 By THIS POLICY IS VALID ONLY IF SCHEDULE B IS A " '. .. PT 302 (6 -72) "SCHEDUL} B" FOR USE WITH OWNER'S ptLlCY SCHEDULE B File No. 75-3047 Policy No. FL-29-1380-0-000013 This policy does not insure against loss or damage b)' 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) Eneroachments, overlaps, boundary line disputes. or other matters which would be disclosed by an accurate surveyor inspection of the premises. (4) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, im- posed by law and not shown by the public records. (5) Any adverse claim to any portion of said land which has been created by artifieial means or has accreted to any such portion so created and riparian rights, if any. NOTE: Exceptions Numbered Above Are Hereby Deleted (6) Taxes for the year 1975 and subse,quent years. ~",' --,-, "\~~,,,;_'.(,"k";'''';/,~';i}k?.!-,{Y.!.'<Y.!.'<Y.!.''<%.!.~%.!.''';>~ "., '1<, ""'i.!-'<Y.'-"Y.!.<:Y..!.'~'.!.'{Y.!.'Q~'" ,"',.,' 0 " I.. ',1:. .". '''~'''yJ.',':l'<~;!.'<Y..!.~i:.!.::v?.!.'<':-.!.''<''.'~''.',,,<''l<O'.!.<t''..! >?:t <p<\;v!f;JGv,)..;1~~""~"'i:!NiJ~~'\$' r}:<. . ..r<:"l"Z::~~Tg~. <T.o 0 '" "',.. ."'0 ~l"~'JV.ff.fW)'Yc::XS~~~' >.St' ~j,' . , " ' ~ I Policy N'! FL 0 000013 I ~ ~ ~ ~ :Jf!J 0? ~ ~ ; OWNER'S POLICY OF TITLE INSURANCE I ! ~ ~ ISSUED BY ',jl~ ~~ .l&> ~Gj .~ ~~5 ~@ ~ ~-' jfQ ~ .2?~ '):..'01 .7."! ~ ~~ ~ I ~~~ .:!V'~ ';.2) tj~_ ::\(~~ )~~ :~~~ ":{: ~'~:i ~~;i -:~~_:::I ~r} -:(>(> ~-: ~~j ~J. ~ if" '):C'" u~) ~ ~~5 ~-~~ ~~:~-i j~ 'i-2! 4~ i!~-~ '.\._'J ~!J ~~j~ ~if1 ~-.:-:) ~~ 1I[iJ. ':~ ;:'{~ ~f:; ~:~t .~j~~ ~~ ;/~~! ~~ .:'~-: '/'J .~.~ ,~,) 7\f(~; ;.? <';(0"j ':-;1) ':ij:lri.r.y;;Y:,N!f'0f':"'0R~~;'~;'~1;:';.r.ye;"W'i(',{i'/J,Wll~:..0'f;;..X~:"''1,''l;XJ,::''I''J;'r.y;;i.' iJl0Yi:'1'IP';'(')(OJ;"~';'~';'(:y";"~;"8r,r.3"i;"G\(~~:"'~""';'"",k' ;,~'{.,;.;: 'J;: /,_,".,,' 0'<<"'" . ,<,-",,<<>;;,<<>;:,'.!->;""" ,< "'''''>''<'''''''''""...".."",:;,;;<>." ",., ,;p.,",,">i.'" ,....(>:':,(;<.l,;;<',.<<~i;P;;..">;;I~i'<i:.~()~,.O:;,<U;;,';;<>;;,.,>i, .,;:<>;;1<' I' .~~~ ~ ~ ~ (v~- ~ tivr @~ ~ ~ ~ [i ',,~- ~ .E(- fd. ~ ~ .i~ * ~ @:4' ~ ~ I~ - ~ A McM I LLEN INTEREST /;!;;Ji!!:. I~ . . , " (i)~-:- ",," ."",~.Jo.G)(i').J..~.:l..~~ . ,';;'.">;;j,u~"~"}:)7~{~K Peninsular Title INSURANCE COM SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, PENINSULAR TITLE INSURANCE COMPANY, A Florida corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceed- ing the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company 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, PENINSULAR TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory, PENINSULAR TITLE INSURANCE COMPANY By ..-,.tIIU.....,. .,." ,"" -"'" :\....E:.,', ~~(f<9' ""'" I ~'.,.." 0 Ri;:':f.t,., ", . .!' ,',,'Ii r. ~ , =;J,! · ".l"\ ~~~ SEAL \n~ . lI'l' .0_ \ ~\, /'6' /f j ", ...~,.".tU\'I>~..,.f l ", ~ '.....,. )' ,,- """" · fl'''........ ',....".."", ATTEST: ~ ~>u Secretary A. L. T. A. OWNER'S POLICY FORM A -1970 (AMENDED 10-17-70) ',,'1- ~ .'~~:' @%' r:~~ ~ ~ ~ ~. ,!(~ ~ @;4' G;<', (fbt ~ ~ ~ ~ ~ ~ ~ ~ @%' ~ ~ ~ ~ 0f~ ~ ~ ~ @;4' ~ i ~ ~ ~ t'T j~JU ".I-i...: .~ , . . 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "land": the land described, specifi- cally 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 matter re- lating 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 (dJ "date": the effective date. 2. EXCLUSIONS FROM THE COVERAGE OF THIS POLICY This policy does not insure against loss or damage by reason of the following: (a) The refusal of any person to pur- chase, lease or lend money on the estate or interest covered hereby in the land de- scribed in Schedule A, (b) 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 regulat- ing the character, dimensions, or location of any improvement now or hereafter erected on said land, or prohibiting a sepa- ration in ownership 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 the exercise of such rights appears in the pub- lic records at the date hereof. (d) Title to any property beyond the lines of the land expressly described or referred 'to in Schedule A, or title to areas within or rights or easements in any abut- ting streets, roads, avenues, lanes, ways or waterways (except to the extent the right of access to and from said land is covered by the insuring provisions of this policy), or the right to maintain therein vaults, tunnels, ramps or any other struc- ture or improvement, unless this policy specifically provides that such titles, rights or easements are insured. (e) Defects, liens, encumbrances, adverse claims against the title as Insured or other matters (I) created, suffered. assumed or agreed to by the Insured; or (2) 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 In- sured shall have been made to the Com- pany prior to the date of this policy; or (3) resulting in no loss to the Insured; or (4) attaching or created subsequent to the date hereof. (f) Loss or damage which would not have been sustained if the Insured were a pur- chaser for value without knowledge, I CONDITIONS AND STIPULATIONS 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 con- sisting of actions or proceedings com- menced against the Insured, which litiga- tion is founded upon a defect, lien or en- cumbrance insured against by this policy, and may pursue such litigation to final de- termination in the court of last resort. (b) In case any such action or proceed- ing 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 Com- pany within ten days of the receipt of process or pleadings or if the Insured shall not, in writing, promptly notify the Com- pany 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 subject matter of such action, proceeding or mat. tel' 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 pre. judiced by such failure and then only to the extent of such prejudice. 1 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 appropri- ate action under the terms of thi, policy whether or not it shall be liable thereunder and shall not thereby concede liabiilty or waive any provision of this policy, (d) In all cases where this policy per- mits or requires the Company to prose- cute or provide for the defense of any action or proceeding, the Insured shall se- cure to it the right to so prosecute or pro- vide defense in such action or proceeding, and all appeals therein, and permit it to use, at its option, the name of the Insured for such purpose, Whenever requested by the Company the Insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settle- ment, securing evidence, obtaining wit- nesses, or prosecuting or defending such action or proceeding, and the Company shall reimburse the Insured for any ex- pense 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 .-..--.-.,-.-- '--. ..,. I shall be furnished to the Company within sixty days after such loss or damage shall have been determined and no right of action shall accrue to the Insured under this policy until thirty days after such statement shall have been furnished, and no recovery shall be had by the Insured under this policy unless action shall be commenced thereon within five years after expiration of said thirty-day period. Failure to furnish such statement of loss or dam- age, or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Insured of any action under this policy. S. OPTION TO PAY, SETTLE OR COM. PROMISE CLAIMS The Company 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 policy and such payment or tender of pay- ment, together with all costs, attorneys' fees and expenses which, the Company is obligated hereunder to pay. shall terminate all liabiilty of 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 attorney's fees which the Company may be obligated hereunder to pay, (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon the Insured in liti- gation carried on by the Company for the Insured, and all costs and attorneys' fees in litigation carried on by the Insured with the written authorization of the Com- pany. (c) No claim for damages shall arise or be maintainable under this policy (I) if the Company, after having received no- tice of an alleged defect, lien or encum- brance not excepted or excluded herein removed such defect, lien or encumbrance within a reasonable 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, ex- cept payment made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto and no payment shaJl 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 furnished 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. (Conditions and Stipulations Continued and Concluded on Last Page of This Policy) CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face) ~",,,.!.,,<>,.I~,,,!~,,h,,.!.,,,,,.!.,,<y.!.,,,,,.!.<;.,,.!.,,,,,.!:-&.!.<n'.!.<&..!.""'.!.,,<,,.!:-n'.!.<&..'< , '< !.",,,.!.,,<,,.!.,,,,,.!.,,<,,.!.-,,>.!..:,,~ 'n~'::&~'~,.~'''',. ;!;<:?~" >":, :?':"\i'':'' ::?~,::?.:..,:?.!:,,>,':',,<,,-~~':'~~~ ~~:~:~~~~~)'"".~ "Y: .~~~~~*r~\:JI:Y..;;.,"&"(d\:).~.'.:!J0.~.~~ .'f.) .'.'~ ""',, ..\~~ ~f~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~"%j,.. :J> ~! ~) 0 tlllIRif Gi;{. ~ ~ = ~~ ~ ~~,. ~ _~ H ~ "%j ~ ~ ~~ ~ 5. ~ = Z ~ 0 trjO~ ~ ~ ~ a :u 0 ~ en ~ ~ 0 0 ~ ~~9 ~ ,;J~ Z rllP..... c; = Yr--"' Z '-' <: ~ ~ ~ .ro ~ ~' ~ __ ?2 ~ ~ ~ trj ~ ~ ~ 4~;- ~ t ~ ~ 8 aJ Z trj (1 ~ b ~ .i~ ..; 0 (l' s: _ ~ ~ ~ ~ ~ UJ. ~~,) 1:>1 s.: (1) 'T.I --11 I.. ..I. W -;-:J -.:] "'0 ~~ :> rll r:n ~ -.:]00 ~ ~ CJ..l ]::> L~..J 8 t"' ~ 00 ~ ~ ~ ~ .J.;:~ ~ ~ J;i ~l.~ ~ /."';j';O;, _, 7. LIABILITY NONCUMULATIVE It is expressly understood that the amount of this policy is reduced by any amount the Company may pay under any policy insuring the validity or priority of any mortgage or deed of trust shown or referred to in Schedule B hereof or any mortgage or deed of trust hereafter exe- cuted by the Insured which is a charge or lien on the land described or referred to in Schedule A, and the amount so paid shall be deemed a payment to the Insured under this policy, 8. COINSURANCE AND APPORTIONMENT (a) In the event that a partial loss occurs after the Insured makes an 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 improvement exceeds twenty per centum of the amount of this policy, such proportion only of any partial loss established shall be borne by the Com- pany 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 improvement. The foregoing provisions shall not apply to costs and attorneys' fees incurred by the Com- pany in prosecuting or providing for the defense of actions or proceedings ir. behalf of the Insured pursuant to the terms of this policy or to costs imposed on the In- sured in such actions or proceedings, and shall apply only to that portion of losses which exceed in the aggregate ten per cent of the face of the policy. Provided, however, that the foregoing coinsurance provisions shall not apply to . ~ ~ ~ ,. t" , to ,.~ I ~............ any loss arising out of a lien Or encum- brance for a liquidated amount which ex- isted on the date of this policy and was not shown in Schedule B; and provided further, such 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 one hundred twenty per centum of 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 parcel to the whole, exclusive of any improvements made sub- sequent to the date of this policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the Insured at the time of the issuance of this policy and shown by an express statement herein or by an en- dorsement attached hereto, 9. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have set- tled a claim under this policy, all right of subrogation shall vest in the Company un- affected by any act of the Insured, and it shall be subrogated to and be entitled to all rights and remedies which the In- sured 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 ......!J . ...... i&Olf'"....-)flli)(~)("')(~;y;.."'\:.~,;:;y.-~6:;r:)('.t' lG':'<;)('i')(~~ ~~''''~T~~''''~,' "'.;;..~" oI...-~.A~..u;).... 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 losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. The Insured, jf requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subroga- tion, and shall permit the Company to use the name of the Insured in any transaction or litigation involving such rights or reme- dies. 10. POLICY ENTIRE CONTRACT Any action or actions or rights of action that the Insured may have or may bring against the Company arising out of the status of the title insured herein must be based on the provisions of this policy, No provision or condition of this policy can be waived or changed except by writ- ing endorsed hereon or attached hereto signed by either the President, a Vice Presi- dent. the Secretary, an Assistant Secretary, or validating officer or authorized signa- tory of the Company, 11, 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 it at the office which issued this policy or to its Executive Of- fice Claims Department, P. 0, Box 40, Fort Lauderdale, Florida 33302. ~i(; < I 6,7 M <Do' ~ Ql.;.(' "~~t;)(')LS~'y.)':""""'~C')('1';"r,)('\':"~':''if-''':''Sll''J':'~':'''Y.q'lrr~ "-';t~c;<>;;.(.~~.~~,..(...)).~~.~~." ~'.c...J.C;{~'~.}~~.'. ~.~ ~ I I '~HAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY: PROPERTY DESCRIPTION; That part of fractional Section 16, Township 29 South, Range 15 East, beginning at a point which is reached by measuring North 0019'55" West 150.18 feet along the West boundary of Osceola Avenue in the City of Clearwater, Florida, from the inter- section of this boundary with the south boundary of the North 1982 feet of said Section 16; and thence South 89017'46" West 548.45 feet to a Point of - Beginning for the following described plot of land; this same point being otherwise located by a survey beginning at the Northeast corner of said Section 16, and running thence West without variation 1692.97 feet; thence South without variation 1828.55 feet to a point in the middle line of said Osceola Avenue; thence West without variation 19~12 feet to the West boundary of said Avenue; and thence South 89017'46" West 548.45 feet to the above mentioned Point of Beginning. From the P.O.B. thus established, run thence South 89017'46" West 118.59 feet to the outer edge of a sea wall; thence South 0001'29" West 49.01 feet; thence North 89040'05" East 117.43 feet; thence North 0 '21' 55" West 30.71 feet; thence North 89038'05" East 1.5 feet; and thence North 0021'55" 'Nest 19.07 feet to the P.O.B. Beginning at the Northeast corner of Section 16, Township 29 South, Range 15 East and run thence West 1712.09 ,feet; thence South 1828.55 feet; thence South 89017'46" West 667.04 feet; thence South 0001"29" West 49.01 feet; thence North 89040'05" East 4.5 feet for Point of Beginning; from Point of Beginning thus established run thence South 0001'29" West 67.04 feet;t.hence North 89013'14" East 128.36 feet; thence North 0005'40" West 51.40 feet, thence North 50004'13" East 21.29 feet; thence North 0005'40" West 1.08 feet; thence South 89040'05" h'est 144.58 feet to the Point of Beginning. . -,; ~ -. &---=--.... . ....... :'1. I Begin at the Northeast corner of section 16, Township 29 South, Range 15 East, thence run West 1712.09 feet;, thence South 1828.55 feet: thence South 89017'46" West 667.04 feet: thence South 0001'29" West 49.01 feet: thence North 89040'05" East 4.5 feet: thence South 0001'29" West 101.25 feet: thence along a curve to the left whose chord bears South 4008'43" East 36.59 feet for Point of Beginning; thence along a curve to the 1eftwhose chord bears South 42018'13" East 56.52 feet; thence North 88037'17" East 87.97 feet; thence North 0005'40" West 41.35 feet; thence South 89013'29" West 125.87 feet to Point of Beginning, and Begin at the Northeast corner of Section 16, Township 29 South, Range 15 East and run thence West 1712.09 feet: thence South 1828.55 feet";: thence South 89017~46" West 667.04 feet: thence South 001'29" West 49.01 feet; thence North 89040'05" East 4,5 feet: thence South 0001' 29" West 67.04 feet for Point of Beginning; thence North 89013'14" East 128.36 feet: thence South 0005140" East 70.85 feet: thence South 89013'29" West 125.87 feet; thence on a curve to the right chord bearing North 4008' 43 West 36.59 feetithence North 0001'2911 East 34,25 feet to Point of Beginning, subject to mortgage in favor of First National Bank of Clearwater. Begin at the N.E. corner of Section 16, Township 29 South, Range 15 East, thence West 1712.09 ft.; thence Sou'th 1828.55 ft.: thence South 89017'46P W., 464.46 ft; thence South 0042125" E., 50.27 ft. for P.O.B.: thence South 89040'05" ~lest "54.12 ft. thence South 0005'40" East 1.08 ft.; thence South 50004~13" West 21.29 ft.; thence South 0005'40" East 163.60 ft. thence South 30009101" East 29.90 ft.; thence South 89046 '.25" East along the North line of Haven St., 104.05 ft. thence North 1032'35" East 176.37 ft.; thence North 43035'43" ~Test 39.23 ft.; thence South 89040'05" West 27.0 ft~ to P.O.B~ Lots 2 and 3, Block 6 of A.C. Turner's SubdivisioIl, as recorded in Deed Book "K" , page 475 of the Public Records of Hi1lsborough County, Florida, of which Pinellas County was formerly a part, -.'. ...' ~ Lots 1, 2, 3 and 4 of H.E. Tooke's Subdivision, as recorded in Plat Book 3, page 37, Public Records of Pinellas County, Florida. That piece of land located in Section 16, Township 29 South, Range 15 East, described as follows: Begin at a Point 239 feet south of the southeast corner of Bay Street and Haven lW~r:l~~ :fQraI'ointof Beginning; thence east l13~ feet or more, which shali.be one half of the distance. from -Bay-Street to Oak Street, thence south 100 feet, thence west l13~ feet or more to Bay Street, thence north along Bay Street 100 feet to the Point of Beginning, being in Clearwater, Pinellas County, Florida / -, " .., . '. . . I I THAT LIES WITHIN A PARCEL OF LAND DESCRIBED AS FOLLOWS, TO WIT: "TRACT B" A trac~ of land lying within the SW~ of the N~ of Section 16, Township 29 South, Range 15 East, pinel1as County, Florida, being more particularly described as follows: Commencing at the east ~ corner of Section 16, Township 29 S., Range 15 E.; thence run N 89012' 06" y.T., for a distance of 1855.12 feet to a point, said point being a point of curvature on the centerline of construction for the City of Clearwater's proposed extension of pierce Street, between Chestnut Street and Cleveland street as indicated by construction plans prepared by the City Engineer in November, 1974 and referred to as Job Number 7244-D; thence run along the aforementioned centerline by a curve to the right having .a radius of 235.25 feet, through a central angle of 09048'55", an arc o~ 40.30 feet, and a chord bearing N 85021'42" W., for a distance of 40.25 feet to the intersection with the west Right of Way line of Oak Street as it presently exists; thence run N 00011' 46" W., along the aforementioned west Right of Way line for a distance of 13.79 feet, to the intersection with the south line of Lot 4, H. E. Tooke's subdivision as recorded in. Plat Book 1, page 37 of the Public Records of pinel1as County, Florida for a ?oint of Beginning: thence run N 890~3' 56" W., along the aforementioned south line of Lot 4 for a distance of ,112.98 feet to the intersection with the proposed west Right' of Way line of pierce Street Extension; thence run along said proposed Right of Way line by a curve to the right having a radius of 265.25 feet, through a central angle of 48001'15". an. arc of 222..31 feet, and a chord bearing N 31001'05" W., for a distance of 215.85 feet to a Point of Tangency; thence run N 07000'27" W., for a distance of 1'29.84 feet to the intersect~on with the east Right of Way line of Bay Street as it presently exists: thence run N 00000'54" E., along the aforementioned east Right of Way line of Bay Street for a dis- tance of 193.06 feet to the intersection with the proposed east Right of Way line of pierce Street Extension: thence run along said proposed Right of Way tlne by a curve to the right having a. radius of 260.00 feet, through a central angle of 30041'00", an arc of 139.24 feet, and a chord bearing S 22020'57" E., for a distance of 137~58 feet to a Point of Tangency; thence run 5 07000'27" E., for a distance 'of 88.78 feet to a Point of CUrvature; thence run alc;:mg a curve to the left having a radius of.205.25 feet, through a central angle of -72000'22" an arc of 257.95 feet, and a chord bearing of S 43000'40" E., for a distance of 2~1.30 feet to the intersection with the west Right of Way line of Oak Street as it presently exists: thence run S 00011' 46" E., along the aforementioned west Right of '\'lay line of OakSt.reeEfora distance oI16~72 feet to the-Poi:ntofBeginn-ing. As Public Road Right of Way containing 0.563 acres, M.O.L. /' ,.. . -. . " .' I I . .. ... "TRACT e" , A tract of land lying within the NW~ of the SE~ of Section 16, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: , I Commencing at the east ~ corner of Section 16,. Township 29 S., Range 15 E.; thence:run N 89-12-06 W., for a distance of 1855.12 feet to a point, said point being a point of Curvature on the centerline of con- struction for the City of Clearwater's proposed ex- tension of Pierce Street, between Chestnut Street and Cleveland Street as indicated by constrUction plans prepared by the City Engineer in November, 1974 and- referred to as Job Number 7244D-D; thence run along the aforementioned centerline by a curve to the right . having a radius of 235.25 feet; through a central angle of 83-15-42, an arc of 341.87 feet,. and a chord bearing N 48-38-18 W., for a distance of .312.5? feet to a Point of Tangency; thence run N07-0Q-27 W., for a distance of 88.78 feet to a Point of Curvature; thence run by a curve to the left having a radius of 230.00 feet, through a central angle of 54-36-21, an arc of 219.00 feet, and a chord bearing N 34-18-37 \-1., for a distance of 211.00 feet to a Point of Reverse Curvature; thence run by a curve to the right having a radius of 288.00 feet,through a central angle of 20-43-41, an arc of 104.19 feet, and a chord bearing N 51-14-58 W., for a distance of 103.62 feet, to the . intersection with the north Right of Way line of Raven Street as it presently exists; thence continue ,by same cUr\,Te to the right having a radius of 288.00 feet, through a central angle of 06-04-43, an arc of 30.55 feet, and a chord bearing N 37-50-45 W., for a distance of 30.54 feet, for a Point of Begin- ning"; thence run S 87-55-45 W., for a distance of 32.26 feet to the intersection with the proposed West right of way line of Pierce Street Extension; thence along" said proposed right of way line by a curve to the right having a radius of 314.50 feet, through a central angle of 24-21-35, an arc of 133.71 feet, and a chord bearing N 18-59-02 W., for a distance of 132.94 feet to a Point of Tangency; thence run N 07-16-40 W., for a distance of 100.00 feet to a "crossll cut in a concrete seawall; thence run along said seawall N88-36-33 E.) for a distance of 80.43 feet to the intersection with the proposed East right of way line of Pierce Street Extension and "x" cut in seawall; thence along said proposed rigliE'oEwayllrie SOT-l&.;.40E., ."for adis-t:ance~of-c 94.47 feet to a Point of Curvature; thence by a curve to thf." left having a radius of 182.23 feet, through a central angle of 71-38-00, an arc of 227.83 feet and a chord bearing S 43-05-40 E., for a distance of 213.28 feet to the intersection with the north line of Raven Street as it presently exists; thence run S 89-50-27 \~., along the aforementioned Right of Way line of Haven Street for a distance of 88.38 feet; thence run N 30-50-33 W., for a dis- tance of 29.90 feet; thence run S 87-55-45 W., for a distance of 46.25 feet to the Point of Beginning. -- As Public Road Right: of Way Containing 0.485 acres, M.D.L. ~--- ~"'''--4 ,