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ALLIED STORES GENERAL REAL ESTATE COMPANY - CLEARMAAS REALTY CORP ~ECORDING REL/FedSWD/9l0412 woe STAMPS fl II " jJ K_',' A_ R,'l. t.T N F:' I' roo REVENUE c;..v ~,) I. h:.BL AKFP ff~ ,ECORD VERIFI~~ BY'.:S' CLERK r~ ----- ..:.-- /2-0/7, =-oc~ . ~ c: CL) : ~ ~ tJ ~ : 1 i '-4l'V , .- c: . .: ~ Ii: . cv ~ . C~.... f ~ -..'~ :~ 1.1 ~. ,; a.. I . I- .CO ~ : ~ . !J . 'J i : u:c ~ : j Q, '; ~ .i 8~~!, o u ~I f~ J- i::: r', c c.. ;:: .... 40 Rae a:a1 41 St II, '10000 42 Sur f\E1I~ -;'Q r"~",,' T ct ll.t:ll5, 15 'V\ This SPECIAL WARRANTY DEED, Made this /(}/h day of December, 1991, is between ALLIED STORES GENERAL REAL ESTATE COMPANY, a Delaware corporation, successor by merger to CLEARMAAS REAL TY CORP., a Florida corporation, as Grantor, whose post office address is c/o Federated Department Stores, Inc., 7 West Seventh Street, Cincinnati, Ohio 45202 (Attn: Michael J. McCormick) and COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, whose post office address is 112 South Osceola Avenue, Clearwater, Florida 34616 (P. O. Box 4748, Clearwater, FL 34618-4748), as Grantee. (All references to the parties herein shall include their heirs, personal representatives, successors, and assigns; and when applicable the singular shall include the plural, and the masculine shall include the feminine and neuter.) I I NST :II: 91-'3~~~'j22~j DEe 11, 1991 4:50PM PI NE"L I .....- - ':. "LAB COUNTY':' O~~.I,"~C I~~ '77- fLA. ... J. ""l f\ I.. 1"- - - . . 0~ ~G 1639 SPECIAL WARRANTY DEED WITNESSETH: That Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00), to it in hand paid by Grantee, and other valuable consideration, does grant, bargain, sell and convey, and by these presents has granted, bargained, sold, and conveyed, to Grantee forever, the land in Pinellas County, Florida, legally described on Schedule A. TO HAVE AND TO HOLD the above described said property unto Grantee in fee simple forever; and THAT Grantor specially warrants title to said property and will defend the same against the lawful claims of all persons whomever claiming by, through, or under said Grantor. EXECUTED the date first stated above in Pinellas County, Florida. Signed, Sealed and Delivered In the Presence of: ~d)~ (Si re) FL/zAI3ErJl j. J-I fJfl5S ... (Type or Print Name) ~~I~~A crPN (s:s.:~~~e \\ e~\ be c- ~ r- (Type or tii-int Namef ~ ALLIED STORES GENERAL REAL ESTATE COMPANY, a Delaware corp., successor merger to CLEARMAAS REALTY ORP., lor corporation By: Name: U-ar J. Na Title: Vice Presjn~nt (Affix Corporate..Seal 'Here). This instrument was prepared by mRf1Ste Be rdtimoo ~o: Grantor Leslie E. Joughin m Lawson, McWhirter, Grandoff & Reeves Post Office Box 3350 Tampa, Florida 33601-3350 '~u~OLDas ~IC~ .~.~ Dl ll,nn.nn ::tv 70 ~ i":-!l--n !.t.UU.Ui VI - ~.' It I.!: .~r, _ ;pl.J.UIJ .... $&" I ~n "r\ 1.. 1 .L I &.joWU. UIJ a $Q=15 "'t"~.""i"'~" $ !V!ML. CHECK AMT. TENDERED: $ , CHANGE: i415, is I.:::: ;::::(; ! '71..1. 1..1 I ci:n :~r: ,) .:.rw:~ Uw j -,,-~.'~ I I PINELLAS COUNTY FLA. . OFF.REC.BK 7755 PG 1640 COUNTY OF HAMILTON ) ) ) ST A TE.OF OHIO The foregoing instrument was acknowledged before me this w#1 day of December, 1991, by ~fl#;r: !/ffY as //Iell" fR/:1SJl>{j;Jr of Allied Stores General Real Estate Company, a Delaware corporatJon~ of g ~atl~ ( . t?r~~"- .,~ r. ~'- (Type or Print Name)" ":.' ... .. , Notary Public My Commission expires: ~' ""'- '---. ,~ v .r:' RICHARD E. WINKLER ' Notary Public, State of Ohio' . My Commission Expir8sApril 6~1992 - 2 - ......'".. , ' . I IPINELLAS COUNTY FLA. OF .REC.BK 7755 PG 1641 EXHIBIT "A" PARCEL 1: Lot 3, less the East 15 feet thereof, and all of Lots 4 and 5, EI:MARD MILL'S SUBDIVISION, according to plat thereof recorded in Plat Book 9, page 36, public records of Pinellas County, Florida. -AND- PARCEL 2: Lots 1, l-A and 2, ROMPON'S & BASKIN'S CORROCTED MAP OF CAUSEWAY BUSINESS DISTRICT, according to plat thereof recorded in Plat Book 57, pages 1 and 2, public records of pinellas County, Florida, less that part of Lot 2 described in o. R. Book 927, page 9 and Also Less that part of Lots 1 and l-A described in o. R. Book 1081, page 594 and Also Less that part of Lot 2, lying within Cleveland Street and Drew Street, said Parcel 2 being further described as follows: Beginning at the Northeast corner of Lot 1 of said ROMPON'S & BASKIN'S CORRECTED MAP OF' CAUSEWAY BUSINESS DISTRICf for a Point of Beginning; run thence South 1026'17" F~st along the East line of said Lot 1, 111.92 feet to the Southeast corner of said Lot 1; thence North 89058'26" West along the South line of said Lot 1, 185.0 feet; thence South 1026'17" East, along the East line of said Lot l-A, 112.46 feet to the Southeast corner of said Lot I-A; thence North 89058'26" West, along the South line of said Lot I-A, 381.62 feet; thence along the arc of a curve to the right, whose arc is 163.79 feet; whose radius is 679.20 feet; and whose chord is North 83003'55" West, 163.40 feet; thence South 4049'48" East along Easterly line of Lot 2, 19.72 feet; thence North 89058'26" West along the South line of Lot 2, 32.0 feet; thence North 4049'48" West, 218.16 feet; thence South 89058'26" East, along the North line of Lot 1, and said line extended, 561.98 feet; thence North 88007'14" East, 210.85 feet to the Point of Beginning. Less that part of said Lot 2 lying within Cleveland Street and Drew Street. I I We hereby certify to TICO TITLE INSURANCE COMPANY, ALLIED STORES GENERAL REAL ESTATE COMPANY, and COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER that: 1. Parcell, as described in Ticor Title Insurance Company IS Title Commitment No. 2827C, Schedule A-4, is comprised of deeds recorded in Official Records Book 2181, Page 627, and Official Records Book 1570, Page 301; 2. With the exception of the statement "Less that part of said Lot 2 lying within Cleveland Street and Drew Street," PARCEL 2, as described in Ticor Title Insurance company's Title Commitment No. 2827C, Schedule A-4, is comprised of deeds recorded in Official Records Book 1199, Page 171, and Official Records Book 1081, Page 594, and also Indenture recorded in Official Records Book 927, Page 9; all of the Public Records of pinellas County, Florida. POST, BUCKLEY, SCHUH & JERNIGAN, INC. /2hh/ Date. /' tm:DEV2:Q3/7 10-150.35 , I SELLER SETTLEMENT STATEMENT FILE NO. 2827C CLOSING OFFICER: Linda A. Collins BUYER: Community Redevelopment Agency of the City of Clearwater SELLER: Allied Stores General Real Estate Company, Inc PROPERTY: .Clearwater Maas Brothers Clearwater Florida SETTLEMENT DATE: 12-10-91 --------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------- PRORATION DATE: 12-10-91 SALE PRICE: 1,900,000.00 DEBIT CREDIT SALE PRICE.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . COUNTY TAX PRORATION DR/CR... from 12-10-91 thru 12-31-91 OWNER'S POLICy........................................... to TICOR TITLE INSURANCE Order, Motion, Contract Addendum......... ................ 1 qqO Taxes....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to O. Sanford Jasper Coordination Fee......................................... to Ticor Title Insurance Company (Columbus) Attorney' 5 Fees.......................................... to McWhirter, Grandoff & Reeves, P.A. 1,900,000.00 5,474.85 8,275.00 196.65 118,982.00 300.00 2,500.00 -------------- 1,905,474.85 GROSS DUE TO SELLER...................................... -------------- TOTAL REDUCTIONS TO SELLER............................... 130,253.65 GROSS DUE TO SELLER.............................. . . . . . . . . TOTAL REDUCTIONS TO SELLER.......... . . . . . . . . . . . . . . . . . . . . . 1,905,474.85 130,253.65 -------------- -------------- 1,775,221.20 NET TO SELLER... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . --------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------- - / LSk:' .. " ~. ~ c--~ ,()t- e- Allied Stores General Real Estate ao ~/'-'ll k- / Company, Inc - I I BUYER SETTLEMENT STATEMENT FILE NO. 2827C CLOSING OFFICER: Linda A. Collins BUYER: Community Redevelopment Agency of the City of Clearwater SELLER: Allied Stores General Real Estate Company, Inc PROPERTY: Clearwater Maas Brothers Clearwater Florida SETTLEMENT DATE: 12-10-91 PRORATION DATE: 12-10-91 SALE PRICE: 1,900,000.00 --------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------- DEBIT CREDIT SALE PRICE............................................... EARNEST MONEY DEPOSIT.......................... .......... COUNTY TAX PRORATION DR/CR. .. from 12-10-91 thru 12-31-91 RECORDING 1 DEED......................................... DOCUMENTARY STAMPS ON DEED....... ........... ............. 1,900,000.00 190,000.00 5,474.85 15.00 11 ,400.00 -------------- GROSS DUE FROM BUyER..................................... 1,916,889.85 -------------- 190,000.00 TOTAL PAID BY/FOR BUYER. ........ .... ..................... GROSS DUE FROM BUYER.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TOTAL PAID BY/FOR BUyER.................................. 1,916,889.85 190,000.00 -------------- -------------- NET FROM BUyER........................................... 1,726,889.85 y, , I I SELLERS AFFIDAVIT ST A TE OF OHIO COUNTY OF HAMILTON BEFORE ME, the undersigned notary public, personally appeared GARY J. NAY, who, having been first duly sworn according to law, represents, warrants, deposes and says: 1. He has personal knowledge of all matters set forth in this Seller's Affidavit. 2. He is the Vice President of Allied Stores General Real Estate Company, the Owner ("Owner") of the fee simple title to certain real property (the "Property") situated in Pinellas County, Florida, legally described on Schedule" A" , attached hereto and by this reference incorporated herein, and is authorized to make this Affidavit on behalf of the Owner. The street address of the Property is 320 Cleveland Street, Clearwater, Florida 33517. 3. The Owner is not a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations) for purposes of United States income taxation and for purposes of disclosure under 26 U.S.C.A., Section 1445. The Owner is a Delaware corporation whose Federal Employer Identification Number is 51-0297086. The Purchaser of the Property intends to rely on the foregoing representations in connection with the United States Foreign Investment in Real Property Tax Act (94 Stat. 2682, as amended). Owner understands that this certification may be disclosed to the Internal Revenue Service by Purchaser and that any false statement contained in this certification may be punished by fine, imprisonment, or both. 4. The Owner's title to and possession and enjoyment of the Property has been open, notorious, peaceable, and undisturbed and there is no person in possession other than the owner. 5. There are no disputes concerning the location of the boundary lines of the Property as of this date. 6. There are no outstanding or unpaid taxes or assessments (pending or certified) (except the 1990 ad valorem taxes which will be paid from closing proceeds) or any unpaid or unsatisfied mortgages, claims of lien, notices of commencement, unrecorded easements, contracts for sale, agreements for deed, deeds, or other matters that constitute or could constitute a lien or encumbrance against the Property or any improvements on it or any part of it or against any personal property located on it as of this date. 7. There are no security agreements, financing statements, title retention contracts, or personal property leases affecting any materials, fixtures, appliances, furnishings, or equipment placed on or installed in or on the Property as of this date. - I - REL/FedSA2/9l0412 " . I I 8. There are no actions, proceedings, judgments, liens, or executions pending against the Owner as of this date, nor has an assignment for benefit of creditors been made at any time, nor is there now in effect any assignment of rents of the property or any part thereof. 9. There are no unpaid bills of any nature, either for labor or materials used in making improvements or repairs on the Property, or for services of architects, surveyors, or engineers incurred in connection with the Property. 10. The Lease dated November I, 1965, between Clearmass Realty Corp. and Maas Brothers, Inc. recorded in the public records of Pinellas County, Florida at O. R. Book 2256, Page 504 has been terminated. FURTHER AFFIANT SA YETH NOT. Sworn to and sUbscrib,peild ~ efore me this u. Ht day of ~~ber, 1991. IirdttiAJ f ~~ J No ry Public My Commission Expires: RICHARD E. WINKLER Notary Public, State of Ohio My Commission Expires April 6. 1992 - 2- REL/FedSA2/910412 ! .. I I EXHIBIT "A" PARCEL 1: Lot 3, less the East 15 feet thereof, and all of Lots 4 and 5, EIMARD MILL'S SUBDIVISION, according to plat thereof recorded in Plat Book 9, page 36, public records of Pinellas County, Florida. -AND- PARCEL 2: Lots 1, l-A and 2, ROMPON'S & BASKIN'S CORRECTED MAP OF CAUSEWAY BUSINESS DISTRICT, according to plat thereof recorded in Plat Book 57, pages 1 and 2, public records of Pinellas County, Florida, less that part of Lot 2 described in o. R. Book 927, page 9 and Also Less that part of Lots 1 and l-A described in o. R. Book 1081, page 594 and Also Less that part of Lot 2, lying within Cleveland Street and Drew Street, said Parcel 2 being further described as follows: Beginning at the Northeast corner of Lot 1 of said ROMPON'S & BASKIN'S CORRECTED MAP OF CAUSEWAY BUSINESS DISTRICf for a Point of Beginning; run thence South 1026'17" F~st along the East line of said Lot 1, 111.92 feet to the Southeast corner of said Lot 1; thence North 89058'26" West along the South line of said Lot 1, 185.0 feet; thence South 1026' 17" East, along the East line of said Lot l-A, 112.46 feet to the Southeast corner of said Lot i-A; thence North 89058'26" West, along the South line of said Lot l-A, 381.62 feet; thence along the arc of a curve to the right, whose arc is 163.79 feet; whose radius is 679.20 feet; and whose chord is North 83003'55" West, 163.40 feet; thence South 4049'48" East along Easterly line of Lot 2, 19.72 feet; thence North 89058'26" West along the South line of Lot 2, 32.0 feet; thence North 4049'48" West, 218.16 feet; thence South 89058'26" East, along the North line of Lot 1, and said line extended, 561.08 feet; thence North 88007'14" East, 210.85 feet to the Point of Beginning. Less that part of said Lot 2 lying within Cleveland Street and Drew Street. , I CERTIFICATE OF SECRETARY I, Cynthia E. Goudeau, Secretary of the Communi ty Redevelopment Agency do hereby certify that the members of the governing body of the Community Redevelopment Agency of the City of Clearwater, a Florida Redevelopment Agency, as currently constituted are: Rita Garvey, Chairperson Lee Regulski, Member Richard Fitzgerald, Member Sue Berfield, Member William Nunamaker, Member Wi tness my hand and seal of the Community Redevelopment Agency set forth this 6th day of December, 1991.