LYKES BROTHERS INC (2)
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WARRANTY DEED
THIS WARRANTY DEED made and executed the
24th day of
December
,A.D. 1973 by LYKES BROS. INC., a corporation
organized and existing under the laws of the State of Florida,
and having its principal place of business at Tampa, Florida,
and BANK OF CLEARWATER, a banking corporation organized and
existing under the laws of the State of Florida, and having its
principal place of business at Clearwater, Florida, hereinafter
called the GRANTORS, to CITY OF CLEARWATER, FLORIDA, a municipal
corporation, whose postoffice address is P. O. Box 4748,
Clearwater, Florida, 33518, hereinafter called the GRANTEE:
WITNESSETH: That the Grantors, for and in consideration
of the sum of $1.00 and other valuable considerations, receipt
whereof is hereby acknowledged, by these presents does grant,
bargain, sell, alien, remise, release, convey and confirm unto
the Grantee, all that certain land situate in Pinellas County,
Florida, viz:
Start at the N.W. corner of Lot 1, Block 8, of
Gould and Ewing Second Addition to Clearwater
Harbor, Florida, as recorded in Plat Book 1,
Page 52, of Public Records of Hillsborough County,
Florida, of which Pinellas County was once a part,
for the Point of Beginning, and run S 89025'21" E,
110.69 feet; thence run S 4009'53" W, 41.00 feet;
thence along a curve to the right having a radius
of 125.00 feet, an arc of 75.783 feet, a chord of
74.627 feet and a chord bearing of N 67027'03"W;
thence run N 89025'21" W, 38.69 feet to the East
right-of-way line of Garden Avenue; thence run
N 0025'31" W, 13.00 feet to the Point of
Beginning.
This Deed is given for right-of-way purposes.
TOGETHER with all the tenements, hereditaments and
appurtenances thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
And the Grantors hereby covenant with said Grantee that
it is lawfully seized of said land in fee simple; that it has
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o. R.4151 PAGE 693
good right and lawful authority to sell and convey said
land; that it hereby fully warrants the title to said land
and will defend the same against the lawful claims of all
persons whomsoever; and that said land is free of all
encumbrances.
IN WITNESS WHEREOF th~ Grantors have caused these presents
to be executed in its name, and its corporate seal to be
hereunto affixed, by its proper officers thereunto duly
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Title:
and year first above written.
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BY:
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( corpor~t~.t:.a}L)
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,1 b~ e: A~',$istant Cashier
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~~'gn, ,'",d,, ;".,.,.,'"s,~, ~,i,',."..,e,'.,d'and ,d, elivered
In. ,e:re,se1lce ~
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Y!f/p
BANK OF CL~~
BY:'" ~
" ~q,let Hugh C. arker, Ir. \
Tltle: President
{O
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STATE OF FLORIDA
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DOC U t!! F. N TAR y<>,; ,):- A ;\\ P ",. A X !
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- 10534 ,\,.~, --,--'" P' , ,
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COUNTY OF HILLSBOROUGH
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I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgments, personally appeared Charles P. Lykes
and C. B. Melvin , well known to me to be the
President and Secretary
respectively of LYKES BROS. INC., named as Grantor ln the
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foregoing deed, and that they severally acknowledged
executing the same in the presence of two subscribing
witnesses freely and voluntarily under authority duly vested
in them by said corp0ration and that the seal affixed thereto
is the true corporate seal of said corporation.
WITNESS my hand and official seal in the County and State
last aforesaid this 24th day of December ,A.D. 1973.
~~
)otary public
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:':\;::i;~Y Co~x;nission Expires:
" . NotarypUl,l1lc State of Florida at Large
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STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgments, personally appeared HlJ(;H c; PARKER lR rlnn
and JOYCE M. SCHNEIDER , well known to me to' e ' the
President and Assistant Cashjer
respectively of the BANK OF CLEARWATER, named as Grantor in
the foregoing deed, and that they severally acknowledged
executing the same in the presence of two subscribing witnesses
freely and voluntarily under authority duly vested in them by
said corporation and that the seal affixed thereto is the true
corporate seal of said corporation.
WITNESS my hand and official seal in the County and
State last aforesaid this 20th day of December
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'~ry Public
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';~,t;. ,""~-!i:W ~O~A'Qo' !lUBLle, STAT! fl' fLORIOA at I.ARGE
II!JliWI~4"'OMMISSION EXPIRES AUG. 161. 1974
'\'!i "BONDED THROUGH FRED W. DIESTELH9RST
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CONDITIONS
1. LA WYERS' TITLE GUARANTY FUND, hereinafter termed "The
Fund", shall have the right to, and will at its own expense, defend
the person, persons, corporation, or association to whom this guarantee
is issued, hereinafter termed "the Owner" (which term shall include
a lessee or a purchaser under contract, If such Is the interest guaran-
teed as shown In Schedule A hereof, and shall Include the legal rep-
resentatives, heirs and devisees of the Owner but shall not Include a
purchaser from the Owner), In any action of ejectment or other action
or proceeding founded upon a claim of encumbrance, lien. or other
objection which existed or is claimed to have existed prior In date
to the effective date hereof and not excepted in the description of
the property herein, nor by Schedule B hereof, nor by these con-
ditions; reserving, however, a continuing option of settling the claim
or paying this guarantee in full; and the payment or tender of pay-
ment to the full amount of this guarantee shall terminate all liabil-
ity of The Fund hereunder. It shall be the duty of the Owner prompt-
ly, upon learning of such a claim. to give The Fund written notice
. thereof, addressing the notice to LA WYERS' TITLE GUARANTY
FUND, Orlando, Florida, with fulJ particulars, and in case any action
or proceeding as hereinabove mentioned shall be brought, It shall be
the duty of the Owner at once to notify The Fund thereof In writing,
by addressing the notice as above set forth, and The Fund shall 'have
the right to defend such action or proceeding in the name of the
Owner, in its own name, or in such a manner as The Fund may elect
and the law may allow. If such notice of claim shall not be given
with reasonable promptness, or If notice of suit shall not be given to
The Fund, by addressing it in writing as above set forth, within seven
days after summons or other process In such action or proceeding
shall be served upon the Owner, then all liability of The Fund in
regard to said claim, or the subject matter of such action or proceed-
ing shall cease and terminate; provided, however, that failure to notify
shall in no case prejudice the claim of the Owner If the Owner Is
not a party to such action or proceeding, nor be served with summons
therein, nor have any knowledge thereof. By undertaking the defense
of any action or proceeding, The Fund shall not be deemed to have
admitted liability hereunder. nor shall it be thereby precluded, after
complete investigation and ascertainment of all material facts, from
questioning its liability. The Owner, whenever requested by The Fund,
by Its chairman, executive secretary, or attorney, shall aid In effect-
ing settlement, securing information and evidence, the attendance of
witnesses and in prosecuting appeals. but shall not voluntarily assume
any liability or interfere in any negotiation for settlement of any
legal proceeding, or Incur any expense or settle any claim, without the
written consent of The Fund previously given, except at the Owner's
own expense. \ \
2. Nothing contained in this guarantee shan be cohstrued as guar-
anteeing against loss or damage: (1) resultirtg from fraud 'on the part
of the Owner; (2) by reason of the Owner not being lll;lona fide pur-
chaser for value; (3) resulting from defects,' liens, encumbrances, ob-
jectionsto title, adverse claims, or, other ma~ters(a) created, Buffere!i,
assumed or agreed to by the assured claimant; or (b) known 'to the as-
sured claimant either at the date of the guarantee or at the date sl.lch
assured acquired an estate or interest assured by this guarantee and
not disclosed to The Fund 'or not shown by the public records: (~) by
reason of tile fact that the Owner contrav~ed any bankruptcy, law
in acquiring the estate, or Interest hereby guaranteed: (5) by reason
of any right of dower of the spouse. or homestead rights of the spouse
and children of the Owner; (6) resulting from the refusal of any party
to carry out any contract to purchase, lease or lend money on the
estate or interest of the Owner; (7) by reason of the exercise of en-
forcementor attempted enforcement of any governmental police power.
or any right of eminent domain over the property hereby guaranteed;
or (8) resulting from any encumbrance, lien or other Objection arising
after the effective date of this guarantee.
3. If the interest shown in Schedule A-I herein Is a leasehold this
guarantee Is subject to all terms and conditions of said lease as describ-
ed in Sc~dule, A-2 and the limit of the liability of The Fund under
this guarantee shall be: (1) The fair and reasonable value of the lease-
hold In excess of the rent paid Qr -to be paid for that part of the
term of the lease that is unexpired 'at the time an adverse claim
on which the Owner's right of recovery ,under this instrument is
established. and (2) the fair and reasonable value of any Improve-
ments purchased or made by the Owner on the ,leased premises and
authorized by the lease. which said improvements, if they' partake of
the nature of real property, for the purpose of this guarantee, shall be
considered as real and not personal property, and (3) the items pro-
vided for by paragraph 8 of these conditions provided, however, that
under no circumstances shall liability of The Fund under (1) and (2)
of this paragraph exceed the declared value hereof. If the interest
shown In Schedule A-I herein Is that of purchaser under contract of
sale. then this guarantee shall be SUbject to all the terms and con-
ditions of the contract of sale.
4. Notwithstanding any language to the contrary typed with the
description In Schedule A-3 herein, nothing contained in this guaran-
tee shall be construed as guaranteeing (1) title to personal property
even though the same may be attached to, or used in connection with
the real property described in Schedule A-3; (2) the title or rights of
the Owner in any property beyond the boundaries of the property de-
scribed in Schedule A-3 of this guarantee, or in any streets. roads,
lanes, alleys or other ways in or upon which said property abuts, or
to tide lands, or lands comprising the shores or bottoms of DBvtgable
waters, or lands beyond the harbor or bulkhead lines as established
by governmental authority; (3) riparian or littoral rights. or (4) title
to filled in lands unless, follOwing the description in Schedule A-3. a
specifiC statement shall be made that said property in whole or part
comprises filled In, land and title thereto Is guaranteed under this
guarantee, notwithstanding any condition provided in this guarantee.
5. No claim for damages shall arise under this guarantee except
under the several provisions and conditions herein, and then only
after an encumbrance, lien or other objection not excepted In the de-
scription of the property herein, or in Schedule B or excluded by the
conditions of this guarantee has been adjUdged by a final determina-
tion in a court of competent jurisdiction to be valid and effectual to
charge the real property described in Schedule A of this guarantee.
In litigated matters, The Fund shall always have and be entitled to
exercise the right of appeal to a court of last resort and so long as
the right remains open to it. there shall not be deemed to have been
a "final determination" of the questions at issue. Provided, however.
If the decision of the trial court be adverse and of such a character
as to require supersedeas for the protection of the Owner pending
appeal, The Fund wl11, to the extent of Its pecuniary liability to the
Owner. supersede such adverse judgment or decree. If supersedeas in
excess of The Fund's liability Is required, It shall be the duty of the
Owner to furnish such supersedeas, and The Fund will not be re-
sponsible for any loss or damage resulting from the failure of the
Owner to do so. In, every case where liablllty of The Fund has been
fixed in accordance with these conditions, the loss or damage shall
be payable within 30 days thereafter.
6. In case of any loss to the Owner by reason of a defect, lien.
or encumbrance affecting only a part of the guaranteed property, the
measure of damages which the Owner may recover under this policy
shall not be a greater fractional part of the declared value of the prop-
erty as stated in this guarantee than the proportion which the prop-
erty affected by such defect or encumbrance. exclusive of improve-
ments made thereon subsequent to the date of this guarantee, bears in
value to the entire property covered by this guarantee. All payments
under this guarantee or under any guarantee Issued to the Owner's
successor in title covering all or any part of the land decsribed here-
in shall reduce the amount of the insurance pro tanto and no pay-
ment shall be demanded without prOdUCing this guarantee for en-
dorsement thereon of such payment. If this guarantee be lost, in-
demnity must be furnished to the satisfaction of The Fund. Any loss
payable under this' guarantee may be applied by The Fund to the
payment of any mortgage mentloned.ln ,Schedule 1;1, the title to which
is also guaranteed' by The Fund, or which may be held by The Fund.
and the amount so paid shall be deem!!d a payment to the Owner
under the guarantee.
7. Whenever The Fund has settled a claim under- this guarantee
it shall be entitled to the rights and remedies which the Owner would
have had against any other person, persons. 'or property in respect
to such claim, had this guarantee not been is.'lUed and the Owner
undertakes to transfer or cause" to be transferred to' The Fund such
rights. together with. the right to use the name of the Owner when
necessary for the recovery thereof, such rights of subrogation to'vest
In The Fund unaffected by any action of the Owner. \
, .
8. The Fund will pay, in addition to the loss, all costs of court
. imposed on the Owner in litigation caM'led on by The Fund for the
Owner under the requirements of nns guarantee but it will in no case
be liable for the fees of any counselor attorney employed by the
Owner, and the loss paid. exclusive of costs. shall in no event exceed
the amount of this guarantee.
9. In the event this Guarantee is issued in conjunction with a
Mortgage Guarantee or Policy, any amount which may become pay-
able under this Guarantee shall be automatically reduced by the
amount of any loss paid by The Fund or which The Fund shall become
liable to pay pursuant to slIidMbrtgage Gflarante,eor Policy.
10. In accepting this guarantee. the Owner 'accepts the same as
the contract of LA WYERS' TJTLE GUARANTY FUND as a pure trust
and not as a partnership. Such acceptance shall constitute an agree-
ment by the Owner with The Fund to look solely to the assets of
The Fund for damages and for performance of this guarantee. and
no member of The Fund and no trustee of The Fund shall be person-
ally liable on account of this guarantee.
11. If the Owner institutes an action or suit on this guarantee,
it shall not be necessary to name the members of the Board of Trus-
tees. as the Board of Trustees of LA WYERS' TITLE GUARANTY
FUND, as defendants. In order to save the Owner the annoyance and
initial expense of ascertaining the names of the members of the Board
of Trustees and naming them and having them served with process,
It shall be sufficient merely to name LA WYERS' TITLE GUARANTY
FUND as defendant and It shall be sufficient service of process to
serve the Executive Secretary as such. or, in the absence from the
State of Florida of the Executive Secretary. service may be made on
the Chairman o,f the Board of Trustees. Thereupon, the members of
the Board of Trustees shall, without raising the issue of the suffici-
ency of naming of defendants and serving of process, appear as the
Board of Trustees of LA WYERS' TITLE GUARANTY FUND and the
action or suit shall proceed against the Trustees as such.
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FUND FO~ (OG) (Rev. 2/1/72) Florida Press-20M-2/72
~~~~~~~~~~~~~~~~~~~~~~~~,~I'~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~r~~~~~~~~~~~~~~~~~~~~~~~~~~~~
i OPINION ON TITLE ~ [I
~ t - ~
~ ~
~ MACFARLANE, FERGUSON, ALLISON & KELLY ~
~ ~
~ (Attorney or Firm of Attorneys) ~
~ ~
~ ~
I P. O. Drawer 2197 I
~ Address ~
I I
~ ~
~ Clearwater, Florida 33517 ~
~ ~
~ ~
~ ~
II and GUARANTEE OF TITLE (OWNER) by II
~ ~
~ ~
I La wyers' Ti tIe Guaranty Fund I
~ ~
I Qualified with and supervised by Insurance Commissioner of Florida I
~ ORLANDO, FLORIDA ~
~ ~
~ ~
I Owner. CITY OF CLEARWATER I
~ ~
~ ~
~ ~
~ ~
~ Declared value of property: Effective date of this document: [jj]
~ ~
~ ~
~ ,4.843.68 January 24, . 1973 8.11:20 l\tc, ~
[jj] [jj]
I Based on an examination of the certified abstract of title (or certified chain of title and an examination of the publiC records indicated II
[jj] thereby), and an examination of the publtc records subsequent to the period covered by the abstract or chain of title, the undersigned, a [jj]
[jj] member (or a firm composed of members) of LAWYERS' TITLE GUARANTY FUND, hereby renders the above named Owner this opinion and [jj]
I advises that, in th opinion of the undersigned, the estate or interest of the Owner In the real estate described In SChedule A hereof Is the I
[jj] estate or interest ecified In said Schedule A, and fur advises that, in the opinion of the undersigned, such estate or Interest of the Owner [jj]
I Is free of all brances, liens, other objec cep such encumbrances. liens. and other objec DB as are shown by Schedule B I
~ hereof. ~
[jj] [jj]
[jj] ~
~ [jj]
~ (SEAL) ~
II I
~ ~
I GUARANTEE OF TITLE II
~ [jj]
I IDERATION of the above named attorney at law (or firm of attorneys at law) having qualified as and being a member (or mem- I
~ bers) of LAWYERS' TITLE GUARANTY FUND, LAWYERS' TITLE GUARANTY FUND (a business trust under the provisions of the Declara- ~
~ tion of Trust filed with the Secretary of State of Florida, at Tallahassee, Florida, on March 22, 1947, and any amendments to the Declaration of ~
I Trust) subject to the Conditions herein, guarantees to the Owner named above, the Owner's legal representative, heirs, and/or devises, that I
~ the estate or interest of the Owner specified In Schedule A hereof in the real estate described in said Schedule A Is free of encumbrances, ~
[jj] liens, and other objections, except such encumbrances. liens and other objections as are referred to in Schedule B hereof; and, subject to the ~
I Conditions herein, will pay to the Owner all loss or damage, In an amount not to exceed the amount of the declared value of the property, as I
[jj] stated above, the Owner may sustain because of encumbrances, liens, or other objections on or to the estate or Interest of the Owner that are ~
[jj] not excepted in Schedule B (or excluded in the Conditions) hereof. This guarantee shall become effective when the opinion above has been [jj]
I duly signed and delivered by a member of LAWYERS' TITLE GUARANTY FUND. I
~ ~
I IN WITNESS WHEREOF, LAWYERS' TITLE GUARANTY FUND has caused this document to be executed in its name by its President I
[jj] and Executive Secretary and its, seal affixed. all by direction of its Board of Trustee. [jj]
[jj] [jj]
~ SERIAL ~
I Lawyers' Title Guaranty Fund I
~ ~
I By ~ //1 ~ .; '" - 1254 OG N~ 520354 I
~ ~ ~ ~ (MEMBER NO.) [jj]
[jj] ~
~ Paul J. Stichler ~
II President and Executive Secretary ~
~ ~
~ SCHEDULE A [jj]
[jj] [jj]
~ ~
[jj] ~
I 1. The estate or interest of Owner covered by this document Is: Fee Simple II
~ ~
~ ~
~ ~
~ ~
I 2. Record evidence of the Owner's title Is: Warranty Deed from Lykes Bros., Inc. to City of I
II Clearwater, a municipal corporation organized and existing under the Laws I
~ ~
II of the state of Florida recorded in O.R. 3981, page 320, Public Records of I
; Pinellas County, Florida. I
~ ~
~ ~
~ ~
~ ~
~ ~
~ ~
~ ~
_I- ~;-TIre.earestde,m-'whlctr tl11s' opin10n-ts-l'en1ieted' andlfiIgguiii'an tee-iS -given -CiS'ocaleQ-fii ' -Pi:ne-:Lras-~_c-- ---. -.- --county~---I
I Florida, and is described as: The West 8.00 feet of the following described tract: Part ~
lof Block 8 of Gould and Ewing's 1st and 2nd Addition to Clearwater Harbor, I
IFlorida as recorded in Plat Book 1, Page 52 of the Public Records of Hills- I
Iborough County, Florida of which Pinellas County was formerly a part. From II
lithe NW corner of Lot 1, Block 8 of said Subdivision run S.0025121" E. along I
~the West line of said Block 8, 260.10 feet for a P.D.B.: thence continue S. i
;0025121" E. along said 'West line 201.82 feet to the North right-of-way of I
ICleveland Street; thence N.89051'2711 E. along the North right-of-way of i
ICleveland Street 74.70 feet: thence N.4011'1211 E. along the East line of I
Isaid Block 8, 202.58 feet; thence S.89044128.911 W., 90.98 feet to the P.O.B. illJ
~ ~
~ ~
I SCHEDULE B ;
I This opinion and guarantee. in addition to any exceptions in the description in Schedule A-3 hereof, Is subject to: illJ
~ 1. All taxes for the year of the effective date of this opinion and guarantee. unless noted here that such taxes have been paid. ~
~ 2. Rights of persons in possession, other than the Owner. ~
; 3. Facts that an accurate surveyor personal Inspection of the property disclosed or would have disclosed. I
~ 4. Unrecorded labor, mechanic, or materialman liens. ~
I 5. Zoning and/or other restrictions and prohibitions lmposed by governmental authority. I
1!1 6. Easements, restrictions and other encumbrances appearing in the plat or drawings referred to under Schedule A-3. Other restrictions, ease- ~
~ ments and reverter rights, as follows: (If none, so state; if any, copy or make accurate reference thereto.) ~
~ None ~
~ ~
~ ~
~ ~
= ~