DARWIN AND MAXINE FRANK
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WARRANTY DEED
, STATUTORY
F, S. 6t!l.02
this
85051643
(Wherever. used herein ,the ten~s ~'~irst. party" and "seco~d. party~' sh,all include. sing-u.1ar and plural, heirs, le,l{al
represe!ltatlves, and asslg-ns of mdlvlduals, and the succ,essors and assigns of corporations, wherever the context
so admJts or fe-quires.)
o.~. 5950'~()r 50
RAMeo FORM 4!k
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Made litis /cr day oj January. A. D. 19 85
BETVVEEN DARWIN S. FRANK and MAXINE S. FRANK, his wife,
of tile County of Pinellas
. in the State of Florida
, part 1 e s
of the first part, and
CITY OF CLEARWATER, FLORIDA, a municipal corporation,
of tile County of Pinellas in the State of Florida , whose post office address is
PO Box 4748, Clearwater, FL 33518,
part Y
of tIle second part,
Uitnesseth, That the said part ies of the first part. for and in consideration of the Sum of
- - -- -- - - - - - - - - - - - -Ten - - - - - - -- - - - - - - -- - - - - - - -_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Dollars.
to them in hand paid by the said party of the second part. the receipt whereof is hereby acknowl-
edged, ha ve granted, bargained. and sold to the said party of the second part. i ts succx~2rs
and assigns forever, the follOWing described land, situate. and being in the County of P inellas
State of Florida , to-wit:
Lots 8 and 9, Block 20, of Gould and Ewing's
First and Second Addition to Clearwater Harbor,
less road right-of-way, as recorded in Plat Book
1, page 52 of the Public Records of Hillsborough
County, Florida, of which Pinellas County was
formerly a part.
Re-recorded to correct a scrivener's error.
14 14b7i.j692 72 1 13.JA8'
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TOTAL T42 t.- . ;~'
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40 Rec_~j~
46 Pos____ d._
Total_~.S-Lff7) ~
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U PkJcumen~ TlUf PH. $...2'~T~'~J.~\
$.."0'. n... ..... '" .... Intrf'gihle Tax rd.
_.~ u'--..!a~. '...... . .F_~ maker, Clerk I":nztlac County
..J. Bl.'t).R~ Deputy Clerk
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And the said part i e s of the first part do hereby fully 'warrant the title to said larid, and will defend the
same against the lawful claims of all persons whomsoever.
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In lafitnrss ltfhereDf, The said partieS of the first part ha ve hereunto set their
hands and seal S the day and year first above written.
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.----.-.-. ... -..."-',,-, -. ...--....--:...--.-. .-....-._....-.ClE"~r...;-r~-c~r .,,1 CUlCfEC"'" ...-.-... .--..-. ... '_0..,,0._._. ...-..-...---.-. .._.... ""'_...0.. ...
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STATE OF FLORIDA,
COUNTY OF PINELLAS
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CERTIFY that on this day, before me, an
officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Darwin S. Frank and Maxine S. Frank
\
to me known to be the personS described in and who executed the foregoing instrument and they acknowleqged
before me that they executed the same, '. . .',.,
_ WITNESS my hand and officialJ!.~~lJil,l th&. qdun~y _a~~..,.State last aforesaid this
January A. D. 19 85. ,......_.~, , .' '0
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My Commission Expires:
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BOI.d..-::d HdU TiCrY i~i..;:r. ~ lii~i.!i'l.)11<:O,. J,nc:~ .',._:,_~'"
HAR I~
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This Instru"!~nlpreF~red hJ::
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Address . .
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AGREEMENT FOR PURCHASE
AND SALE OF PROPERTY
THIS AGREEMENT, made and entered into this
::::r~
2..~ day of
, 1984, by and between Darwin S. Frank and Maxine
S. Frank, hereinafter referred to as Sellers, and the CITY OF CLEAR-
WATER, FLORIDA, a municipal corporation, hereinafter referred to as
Purchaser;
WIT N E SSE T H:
That in consideration of the mutual promises and covenants
herein contained and other valuable considerations passing between
the parties hereto, the Sellers agree to sell and Purchaser agrees
to buy the following deScribed real property situate, lying and
being in Pinellas County, Florida, to wit:
Lots 8 and 9, Block 20 of Gould and Ewing
Second Addition as recorded in Plat Book 1,
page 52 of the Public Records of Hillsborough
County, Florida of :which county, Pinellas County
was formerly a part.
The total purchase price Of~id property shall be th~ sum of
5; J.~~~"'Fh 1>SY rmIl ~ '~S"i OtJu op, bs-J::" '1Vt f
Ohe Hundred an ~~T ousand 0 lars, (*1 ~,~QQ.Qul. Payment of
purchase price is to be made on closing either in cash or as agreed
to by buyer and sellers. The closing shall be on or before thirty
(30) days from date of approval by the Clearwater City Commission.
The closing will take place at the office of the City Attorney,
Clearwater City Hall, 112 South Osceola Avenue, Clearwater, Florida.
IN CONSIDERATION WHEREOF, Sellers agree to convey said prop-
erty to said Purchaser by good and sufficient Warranty Deed, with
fee simple marketable title, free and clear of all encumbrances
of record.
The Purchaser agrees to pay for Title Insurance and recording
of the deed. The Sellers agree to pay for the State Documentary
Stamps, prorated 1984 real estate taxes, and all real estate com-
missions involved in the,sale.
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The obligations and benefits under this contract shall
assigns of the parties hereto.
extend to the personal representatives, heirs, successors and
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
Signed, sealed and delivered
in the presence of:
As to Seller
- 2 -
SELLER
MaXl.ne S. ank
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By
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Attest: ~.
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~.:J<, ~Lr~.",~i~J
ity Clerk. - .-.'
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Addendum to Contract Dated June 25, 1984
By and Between
Darwin S. Frank and Maxine S. Frank, Sellers
and
City of Clearwater, Florida, Buyer
It is agreed that $165,000 shall be deposited by the buyer with Klein &
Heuchan, Inc., escrow agent, as and for the purchase price of the subject
property.
This desposit shall be made prior to September 1, 1984 and
closing shall occur on or before January 10, 1985.
Upon deposit of the
escrow funds, buyer shall be entitled to possession of property on or after
September 1, 1984 and at the closing, seller shall be entitled to all
earnings on the escrow funds.
Buyer and seller acknowledge that this contract has been agreed upon
because the buyer has been given notice that the City intends to enter a
resolution of condemnation at the next City Commission meeting.
WITNESSES:
JY/3;J8j/
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Date
By
SEE PLANS IN FILE
American .~and Tit'.,;, Association Commitment. 1966
"t~~I~MENT FOR TITLE INSURANle
ISSUED BY
8501008 ,'1 b
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STEWART TI~'lLE
GUARANTY COMPANY
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This Commitment shall be effectiveOnlywhenthEllcfe~tity of the profJUSI:U IIISUI I::U dllU Lilt;
amount of the policy or policiescOmJTlitted for hav~beenilnse~~ed in Schedule A hereof by the
Company, either at the time of thei~uance of this Gommitmel"lf or by subsequent endorsement.
STEWART TITLE GUARANTY COMPANY, A Texas Corporation, f
for a valuable consideration, hereby commits to issue its policy or po
identified in Schedule A, in favor of the proposed Insured named in SchedL
of the estate or interest covered hereby in the land described or referred 1
ment of the premiums and charges therefor; all subject to the provisions (
the Conditions and Stipulations hereof.
This Commitment is preliminarytothe.issua~ce of such policy or policies of title insurance and all
liability and obligations hereunder shallceasean?terminate six months after the effective date hereof
or when the policy or policies committedfor.shall, issue, whichever first occurs, provided that the
failure to issue such policy or policies is not thefaultofthe Company.
Signed under seal for the CompaI'lY,:but thisCommitment shall not be valid or binding until it
bears an authorized Countersignature.
IN WITNESS WHEREOF, StewartJitle9lJaranty Company has caused its corporate name and
seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
STEWART TITLE
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Chairman of the Board
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GUARANTY CUMPANY
President
Countersigned:
BV?C:~~
Authorized Countersignature
Serial No. C. 9 912. 4 6 8 4 4
005N Rev. 3/78
25M 7/83
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SCHEDULE A
Commitment No,
Effective Date of Commitment:
Januarv 4. 1985
C-9912-46844
Your No.:
8501008
Prepared For:
The City of Clearwater, Florida
Inquiries Should be Directed to:
Wendy Cicero
1. Policy or Policies to be issued:
Amount
(a) 0 AL TA Owners Policy - Form
- 1970
$ 165,000.00
Proposed Insured: City of Clearwater, Florida
(b) 0 AL TA Loan Policy 1970
$
Proposed Insured:
2. The estate or interest in the land described or referred to in this Commitment and covered herein is a Fee Simple.
3. Title to said estate or interest in said land is at the effective date hereof vested in:
Darwin S. Frank and Maxine S. Frank, as tenants in common, not joint tenants
with rights of survivorship.
4. The land referred to in this Commitment is located in the County of
State of Florida and described as follows:
Lot 8 and 9, Block 20 of Gould and Ewing's Fitstand Second Addition to
Clearwater Harbor, less road right of way, as recorded in Plat Book 1,
page 52, of the Public Records of Hillsborough County, of which Pinellas
County, Florida was formerly a part.
Page 2
STEWART TITLE
GUARANTY COMPANY
2552
(25m 1-84)
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SCHEDULE B
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Commitment Number: C-9912-46844
I. The following are the requirements to be complied with:
1. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for
record.
A. Warranty Deed to be executed from Darwin S. Frank and Maxine S. Frank, as tenants in
Common, not joint tenants with right of survivorship to City of Clearwater, Florida.
II. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed
of to the satisfaction of the Company:
1, Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records.or
attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the
estate or interest or mortgage thereon covered by this Commitment.
2, Standard Exceptions:
(a) Rights or claims of parties in possession not shown by the public records.
(b) Easements, or claims of easements, not shown by the public records.
(c) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate surveyor
inspection of the premises.
(d) Any I ien, or right to a lien, for services, labor, or material hereto or hereafter furnished, imposed by law and not shown by
the public records.
(e) Rights of dower, homestead or other marital rights of the spouse, if any, of any individual insured.
(f) 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.
3. Special Exceptions:
(a) Taxes. Subject to taxes for the year 1985 and subsequent years.
4. Subject to an easement of alley accross the North 5 feet ,Public records
of Pinel1as County, Florida.
Lot 8 parcel # 16-29-15-32292-020-0080
Lot 9 Parcel # 16-29-15-32292-020-0090
2153 (Rev, 3/80)
Page 3
~ T .E ,\,r .."'-II TTI T L E
GUARANTY COMPANY
,
,
CONDITIONS AND STIPULATIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or
other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien,
encumbrance, adverse claim or other matter affecting the estate or interest or
mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in
writing, the Company shall be relieved from liability for any loss or damage
resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed I nsured shall disclose such
knowledge to the Company, or if the Company otherwise acquires actual
knowledge of any such defect, lien, encumbrance, adverse claim or other matter,
the Company at its option may amend Schedule B of this Commitment
accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named
proposed Insured and such parties included under the definition of Insured in the
form of policy or policies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment. In
no event shall such liability exceed the amount stated in Schedule A for the policy
or policies committed for and such liability is subject to the insuring provisions and
the Conditions and Stipulations and the exclusions from coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby
incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4. Any action or actions or rights of action that the proposed I nsured may have or
may bring against the Company arising out of the status of the title to the estate or
interest or the status of the mortgage thereon covered by this Commitment must
be based on and are subject to the provisions of this Commitment.
STE~ART TITLE
GU ARANTY COMPANY
COMMITMENT
FOR
TITLE INSURANCE
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Issued by
STEWART TITLE
GUARANTY COMPANY
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CITl OF CLEARWATER
Interdepartment Correspondence Sheet
TO:
Cyndie Goudeau - City Clerk
FROM:
Joseph R. McFate - Planning
& urban Development Dlrectorf4
COPIES:
SUBJECT: Parking Lot No. 28 (Park Street)
DATE: October 29, 1985
I am enclosing the original Title Insurance Policy covering
described parking lot purchased by the City from Darwin Frank,
have retained a copy for our files.
the above
et. UX. We
JRM:nt
Enc.
RECEIVED
OCT 80 1985
CITY CLERK
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AL TA owne::,S.POliC:..~ Form A - Amended 10,1,70
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POLICY OF TITLE INSURANCE ISSUED BY
8501008
STEWART TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COV!iIllAGE, THE EXCe~TIONS CONTAINED IN SCHEDULE BAND
THE PROVISIONS OF THE CONDITIONS A.(l!jp STIPULATIO~$ HEREOF, STEWART TITLE GUARANTY
COMPANY, a corporation of Galveston, Texas,.hj~llin called theCQmpany, insures, as of Date of Policy shown in
Schedule A, against loss or damage, not exceedirigthe 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 describedin$chldule A being vested otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land.
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ST'If;WART "rlTLE
!~IU.:RllN'I'Y CO....NY
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IN WITNESS WHEREOF, Stewart Title Guaranty Company,,* caused this policy to be signed and sealed by its
duly authorized officers as of Date of Policy shown in Schedule A.
Chairman of the Board
Countersigned:
e!AuwI$~
')',ltll ({)!i!Uil '(
President
IZvcJ~
Authorized Countersignature
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1, 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 regulating the character, dimensions or location of any improvement now or
hereafter erected on the land. or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect
of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent dom"in or governmental rights of police power unless notice of the exercise of such rights appears in the public
records at Date of Policy.
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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date
such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company
prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d)
attaching or created 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. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A.
..,-+':----------------
Page 1 of 0 9901
~~::~r No. - . 3 3 716
~~~~--~~~-
00l-A
1.
DEFINITION OF TERMS
CONDITIONS AND STIPULATIONS
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and,
subject to any rights or defenses the Company may have
against the named insured, those who succeed to the
interest of such insured by operation of law as distinguished
from purchase including, but not limited to, heirs, dis-
tributees, devisees, survivors, personal representatives, next
of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or
damage hereunder.
(c) "knowledge": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured
by reason of any public records.
(d) "land": the land described, specifically or by
reference in Schedu Ie A, and improvements affixed thereto
which by law constitute real property; provided, however,
the term "land" does not include any property beyond the
lines of the area specifically described or referred to in
Schedule A, nor any right, title, interest, estate or easement
in abutting streets, roads, avenues, alleys, lanes, ways or
waterways, but nothing herein shall modify or limit the
extent to which a right of access to and from the land is
insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or
other security instrument.
(f) "public records": those records which by law
impart constructive notice of matters relating to said land.
2.
CONTINUATION OF INSURANCE AFTER CON-
VEYANCE OF TITLE
The coverage of this policy shall continue in force as of
Date of Policy in favor of an insured so long as such insured
retains an estate or interest in the land, or holds an
indebtedness secured by a purchase money mortgage given
by a purchaser from such insured, or so long as such insured
shall have liability by reason of covenants of warranty made
by such insured in any transfer or conveyance of such
estate or interest; provided, however, this policy shall not
continue in force in favor of any purchaser from such
insured of either said estate or interest or the indebtedness
secured by a purchase money mortgage given to such
insured.
3.
DEFENSE AND PROSECUTION OF ACTIONS-
NOTICE OF CLAIM TO BE GIVEN BY AN INSURED
CLAIMANT
(a) The Company, at its own cost and without undue
delay, shall provide for the defense of an insured in all
litigation consisting of actions or proceedings commenced
against su~h insured, or a defense interposed against an
insured in' an action to enforce a contract for a sale of its
estate or interest in said land, to the extent that such
litigation is founded upon an alleged defect, lien,
encumbrance, or other matter insured against by this
policy.
or interest as insured, and which might cause loss or damage
for which the Company may be liable by virtue of this
policy. If such prompt notice shall not be given to the
Company, then as to such insured all liability of the
Company shall cease and terminate in regard to the matter
or matters for which such prompt notice is required;
provided, however, that failure to notify shall in no case
prejudice the rights of any such insured under this policy
unless the Company shall be prejudiced by such failure
and then only to the extent of such prejudice.
(c) The Company shall have the right at its own cost to
institute and without undue delay prosecute any action or
proceeding or to do any other act which in its opinion may
be necessary or desirable to establish the title to the estate
or interest as insured, and the Company may take any
appropriate action under the terms of this policy, whether
or not it shall be liable thereunder, and shall not thereby
concede liability or waive any provision of this policy.
(d) Whenever the Company shall have brought any
action or interposed a defense as requ ired or perm itted by
the provisions of this policy, the Company may pursue any
such litigation to final determination by a court of
competent jurisdiction and expressly reserves the right, in
its sole discretion, to appeal from any adverse judgment or
order.
(e) In all cases where this policy permits or requires
the Company to prosecute or provide for the defense of
any action or proceeding, the insured hereunder shall secure
to the Company the right to so prosecute or provide
defense in such action or proceeding, and all appeals
therein, and permit the Company to use, at its option, the
name of such insured for such purpose. Whenever requested
by the Company, such insured shall give the Company all
reasonable aid in any such action or proceeding, in effecting
settlement, securing evidence, obtaining witnesses, or pros-
ecuting or defending such action or proceeding, and the
Company shall reimburse such insured for any expense so
incu rred.
4.
NOTICE OF LOSS - LIMITATION OF ACTION
In addition to the notices required under paragraph
3(b) of these Conditions and Stipulations, a statement in
writing of any loss or damage for which it is claimed the
Company is liable under this policy shall be furnished to
the Company within 90 days after such loss or damage shall
have been determined and no right of action shall accrue to
an insured claimant until 30 days after such statement shall
have been furnished. Failure to furnish such statement of
loss or damage shall terminate any liability of the Company
under this policy as to such loss or damage.
5. OPTIONS TO
CLAIMS
PAY OR OTHERWISE SETTLE
The Company shall have the option to payor otherwise
settle for or in the name of an insured claimant any claim
insured against or to terminate all liability and obligations
(b) The insured shall notify the Company promptly in of the Company hereunder by paying or tendering payment
writing (i) in case any action or proceeding is begun or of the amount of insurance under this policy together with
defense is interposed as set forth in (a) above, (ii) in case any costs, attorneys' fees and expenses incurred up to the
knowledge shall come to an insured hereunder of any claim time of such payment or tender of payment, by the insured
of .tit,le o~~ntere~t which is adverse iO t~e title to the estate claimant and au.thori~,d by th,e compa,ny.
. " (~ntmued and concluded on last page of thiS pohlv) ,_ .~
~LTA OW~ER'S p'OLlCY -Amended 10/110
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SCHEDULE A
Order No.: 8501008
Policy No.: 0 - 9901.... 33716
Date of Policy: March 14, 1985
Amount of Insurance: $165,000.00
1. Name of Insured
CITY OF CLEARWATER, FLORIDA
2. The estate or interest in the land described herein and which is covered by this policy is:
FEE SIMPLE
3. The estate or interest referred to herein is at Date of Policy vested in:
cm OF CLEARWATER., FLORIDA
4. The land referred to in this policy is described as follows:
lot 8 and 9, Block 20 of Gould and Ewing's First and Second Addition to
Clearwater Harbor, less road right of way, as recorded in Plat Book 1,
page 52, of the Public Records of Hillsborough County, of which Pinellas
Connty, Florida was fo:rnerly a part.
Page 2
STEWART TITLE
GUARANTY COMPANY
2112.
20M 6.85
?:TA ~~ER'? !",Olley. Amended 10/i7/70
I'
SCHEDULE B
Policy No.: 0-9901-33716
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 surveyor 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 incll;lding 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 lineof the harbor or bulkhead
lines as established or changed by the United States Government or water rights, if any.
7. Taxes for the year 19 85 and thereafter.
8. Subject to an easement of alley across the North 5 feet as shown on the plat,
of the Public Records of Pinellas County, Florida.
2113 (Rev, 3/80)
STEWART TITLE
Page 3
GUARANTY COMPANY
lONDITIONS AND STIPU LATIONS ContinuJ
(continued and concluded from reverse side of Policy Face)
6. DETERMINATION AND PAYMENT OF LOSS if the amount of insurance under this policy was divided
(a) The liability of the Company under this policy pro rata as to the value on Date of Policy of each separate
shall in no case exceed the least of: parcel to the whole, exclusive of any improvements made
subsequent to Date of Policy, unless a liability or value has
(i) the actual loss of the insured claimant; or
otherwise been agreed upon as to each such parcel by the
(ii) the amount of insurance stated in Schedule A. Company and the insured at the time of the issuance of this
(b) The Company will pay, in addition to any loss policy and shown by an express statement herein or by an
insured against by this policy, all costs imposed upon an endorsement attached hereto.
insured in litigation carried on by the Company for such
insured, and all costs, attorneys' fees and expenses in
litigation carried on by such insured with the written
authorization of the Company.
(c) When liability has been definitely fixed in accord.
ance with the conditions of this policy, the loss or damage
shall be payable within 30 days thereafter.
7. LIMITATION OF LIABILITY
~ ,,>,
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No claim shall arise or be maintainable under this
policy (a) if the Company, after having received notice of
an alleged defect, lien or encumbrance insured against
hereunder, by litigation or otherwise, removes such defect,
lien or encumbrance or establishes the title as insured
within a reasonable time after receipt of such ~otice; (b) i~
the event of litigation 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, as provided in paragraph 3 hereof; or (c) for
liability voluntarily assumed by an insured in settling any
claim or suit without prior written consent of the Com-
pany.
8.
REDUCTION OF LIABILITY
All payments under this policy, except payments made
for costs, attorneys' fees and expenses, shall reduce the
amount of the insurance pro tanto. No payment shall be
made without producing this policy for endorsement of
such payment unless the policy be lost or destroyed, in
which case proof of such loss or destruction shall be
furnished to the satisfaction of the Company.
9. LIABILITY NONCUMULATIVE
I t is expressly understood that the amou nt of insu rance
under this policy shall be reduced by any amount the
Company may pay under any policy insuring either (a) a
mortgage shown or referred to in Schedule B hereof which
is a lien on the estate or interest covered by this policy, or
(b) a mortgage hereafter executed by an insured 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. The Company shall have the
option to apply to the payment of any such mortgages any
amount that otherwise would be payable hereunder to the
insured owner of the estate or interest covered by this
policy and the amount so paid shall be deemed a payment
under this policy to said insured owner.
10. 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 said parcels but not all,
the loss shall be computed and settled on a pro rata basis as
Valid Only If Schedules A and B are Attached.
'.
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11. SUBROGATION UPON PAYMENT OR SETTLE-
MENT
Whenever the Company shall have settled a claim under
this policy, 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 remedies which such insured claimant would
have had against any person or property in respect to such
claim had this policy not been issued, and if requested by
the Company, such insured claimant shall transfer to the
Company all rights and remedies against any person or
property necessary in order to perfect such right of
subrogation and shall permit the Company to use the name
of such insured claimant in any transaction or litigation
involving such rights or remedies. If the payment does not
cover the loss of such insured claimant, the Company shall
be subrogated to such rights and remedies in the proportion
which said payment bears to the amount of said loss. If loss
should result from any act of such insured claimant, 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.
12. LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorsements and
other instruments, if any, attached hereto by the Company
is the entire policy and contract between the insured and
the Company.
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 any action asserting
such claim, shall be restricted to the provisions and
conditions and stipulations of this policy.
No amendment of or endorsement to this policy can be
made except by writing endorsed hereon or attached hereto
signed by either the President, a Vice President the
Secretary, an Assistant Secretary, or val idating offider or
authorized signatory of the Company.
13. NOTICES, WHERE SENT
All notices required to be given the Company and any
statement in writing required to be furnished the Company
shall be addressed to it at its main office, P. O. Box 2029,
Houston, Texas 77252.
14. The premium specified in Schedule A is the entire
charge for acceptance of risk. It includes charges for
title search and examination if same is customary or
required to be shown in the state in which the policy is
issued.
STEWART TITLE
GUARANTY COMPANY
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STEWART TITLE
GUARANTY COMPANY
ESTABLISHED 1896
INCORPORATED 1908
A NAME
RECOGNIZED NATIONALLY
FOR MORE THAN 75 YEARS
AS BEING
SYNONYMOUS WITH
SAFETY
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SanClilY of COn/mer
STEWART TITLE
GUARANTY COMPANY
P. O. Box 2029
Houston, Texas 77252
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POLICY
OF
TITLE
INSURANCE