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PINELLAS COUNTY (8) /""0 N N o o N T'""i T'""i o '-" <..0 U) r-- CV) CV) ~ ~ ::s: ~ W ~ ~ U) ~ U o (J"\ N T'""i ~ ~ U ~ H E-i ~ C/) .. ~ I 00 ~ U g:J KARLEEN F. DE BlAKER, CLERK OF COURT PltflLAS ~TV, FLORIDA :) --------------------------------------- 'I') l' 02-138371 APR-12-2002 3:07~ PINELLAS CO 8K 11943 PG 2192 /J--~gllllllllllllllllllllllllllng~IJIIL_,__ ~fiEP lC174132 04-12-2002 15:08:08 JTF 51IID-PltmAS CO/lUIR 001319 " 1.:02138371 BK:11943 SPG:2192 EPG:2200 RmRDlt4i 009 PAGES 1 $42.00 ,--- - TOTAL.: DECK ANT. TENDERED: CWlNGE : BY __ mrrv CLERK >--,,..,- -- ---",<::"" -' .- .4(' 'Yr, +~ .~ COUNTY DEED THIS DEED, made this 11 thday of April, 2002, between PINELLAS COUNTY, FLORIDA, a political subdivision, of the State of Florida, 201 Rogers Street, Clearwater, Florida 33756, party of the first part, and CITY OF CLEARWATER, a municipal corporation, party of the second part, whose mailing address is 112 S. Osceola Avenue, Clearwater, Florida 33756. That the party ofthe first part, for and in consideration of the sum of$10.00 to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the party ofthe second part, its successors and assigns forever, the following described land lying and being in Pinellas County, Florida: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. Subject to Easements and Restrictions of Record. IN WITNESS WHEREOF, the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman of said Board, the day and year aforesaid. A TTI,<;ST.: KARLEEN F. DE BLAKER , f. ,e, \ C@leik 'elf the Circuit Court '. ,: ' , " " PINELLAS COUNTY, FLORIDA, By and through its Board of County Commissioners '\ < ."" <1 ,. ~ " " !/~ "~"'- .~ . ,"'" '~.~"- __i~~e: n~~~ty ~Ier~: "Pp,nt Na1fie:.l/~~~,K'.. ;et!5"tfi'h By Title: Chairman Print Name: ;JIJ, " ~' ,~1. -' -I; "+- ..;. .' ;roi, I ~ .;:. . " '.," "'''', t f'l ..:- $42.00 $42.00 $.00 Iii , , ,..., 11- ~INELLRS COUNTY rLR, Orr,REC.8K 11843 ~G 2183 EXHIBIT "A" Page 1 of 8 STATE PROJ. NO. PARCEL I/O 15220-2599 A porcelof land contaIning 0 portion of Plan of Clearwater Harbor, FlorIda, comprIsIng A.C. Turners SubdIvIsIon. recorded In Deed Book 'K', Page 475, Hlllsborough County, FlorIda of which PInel/os County was formerly 0 port, lyIng In Section 16, Township 29 South, Range 15 East, PInel/as County FlorIda, beIng more portlcularly descrIbed os fol/ows: COMMENCE at the nortfrNest corner of Oak Cove 0 CommercIal CondomInIum, rer;orded In CondomInIum Plot Book 102, Page 92, of the Public Records of PInel/os County, FlorIda, sold corner lyIng N 890/0'26' E, 39.72 feet from survey center line stat/on 48+40.93 of PIerce Boulevard per State Project Number 15220-2599, sold poInt also lyIng on the easterly rIght of way line of PIerce Boulevard, beIng 0 poInt on curve concave westerly: thence along the ore of sold curve to the rIght, havIng 0 radIus of 980.00 feet, a central angle of 07050/15', the chord for which bears S 09052'43' E, 0 chord dIstance of 133.95 feet, on ore distance of /34.05 feet to the end of saId curve and the soutfrNest corner of sold Oak Cove CommercIal CondomInium, and the POINT OF BEGINNING, sold poInt lyIng N 89032'55' E. 40.29 feet from survey center line station 47+07.2/of PIerce Boulevard per State Project Number 15220-2599, sold poInt also lying on the easterly rIght of way line of PIerce Boulevard: thence S 05057'35' E along sold easterly rIght of way line 0 dIstance of 94.47 feet to 0 point on 0 curve concave northeasterly: thence along the ore of sold curve to the left, havIng 0 radIus of 182.23 feet, 0 central angle of 7/0/7'55', the chord for which bears S 41"36'32' E, 0 chord dIstance of 212.42 feet. on ore dIstance of 226.77 feet to the end of sold curve and 0 point lying on the north right of way line of Court Street, sold point also lying N 13005'31' E, 25.54 feet from survey center line stat/on 68+33.54 of Court Street per State Project Number 15220-2599: thence S 89032'48' E. along the north rIght of way line of Court Street, 253.66 feet: thence deporting sold north right of way line N 00027'15' E, 1.05 feet: thence N 89032'50' W, 52.70 feet to 0 poInt on 0 curve concave northeasterly: thence along the ore of sold curve to the right, having 0 radius of 390.00 feet,a central angle of 49042'37', the chord for which bears N 64041'30'W, 0 chord distance of 327.85 feet, on ore distance of 338.37 feet to the end of sold curve: thence N 10030'20'W. 40.32 feet to 0 point on 0 curve concave northeasterly: thence along the ore of sold curve to the rIght, havIng 0 radius of 371.92 feet, a central angle of 1205/'56', the chord for whIch bears N 27"58'48'W, 0 chord dIstance of 83.34 feet, on ore dIstance of 83.51 feet to the end of saId curve, sold poInt lyIng on the south line of Ook Cove 0 Commercial CondomInium, recorded In Condominium Plot Book 102, Page 92. of the Public Records of PInel/os County, FlorIda: thence S 89032'55'W, along sold south line, 8.99 feet to the POINT OF BEGINNING. Sold lands containing 16330 square feet. more or less. NOT A SURVEY FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPPING Nor VALID WIfHour rHE SIGHA1'URE AND 'HE ORIGINAL RAISED SEAL OF A fLOAIDA' LICENSED ~UA:YCYDA AND WlPPEA. PARCEL SKETCH S, R. 60 P I NELL AS COUNTY Bf DATE APPROVED IIf DUE PREll'" 0"" 09-'J-01 raNAl lMl 09-IJ'01 OF 2 CMECKEO ....Ps PREPARED 8y HDI: ACQtJ1<<11OH IlA.VJCII. DC. 2202 N. 'lit" St'OAE IL YD. IUI T[ 250 lAY'''. FLORIDA 33607."" ceI3).282.2300 ..P.I. NO. 2!tl0.91 I Stat. Pro) oct No. 15220'2599 SHE,ET I R(VISION B' DAft Parcel# 16-29-15-00000-130-1100/16-29-15-92574-002-0020 PINELLAS COUNTY rLA Orr.REC.8K 11843 PG Ei84 EXHIBIT "A" Page 2 of, 8 SECTION 16, TOWNSHIP 29 SOUTH, RANGE 15 EAST STATE PROJ. NO. 15220-2599 VI I- '" POINT OF COIIIIENCEUENT IN! CORNER OF OAK COVE A COIIUERCIAL CONOOUINIUU. CONOOUINIUU PLA T BOOK 102. ", PN;E 92, PINELI.AS COUNTY, FLORIDA POINT OF BEGINNING 8,99' S89"JZ'SS'W SOUTH UNE OF OAX CCNE A COIIJ/ERCIAL CONOOl/INIIIJ/, s .;. 'f ~ ~ '" - ,..; DELTA: I2"SI'56' L " 8J,SI' R " J71,9Z' CB " NZl'58''I8"W CD " 8J.Jo4' BASIS OF BEARlNGS IS THE NORTH RIGHT OF W>>' UNE OF COURT STREET BEING S89' Jroflf' E l'J \!l t~ 25J.66' S89"JZ''I8'~ N89"JZ'SO'W SZ,70' NORTH RIGHT OF W>>' UNE COURT STREET NOT A SURVEY FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPPING LEGeND: L = ARC LENGTH R = RADIUS CB = CHORD BeARING CD = CHORD DISTANCe PARCEL SKETCH S.R. 60 PINELLAS COUNTY Bf OA'E APPROVED 8' DATE PRELIM 0101\ 09'13,01 FINAL CHECKED ""'" 09"3-0' ..P.I. NO. 25109] I SHEET 2 OF 2 .. ACQUWI'IaN ..~ DC 2202 H. WEST SHORE Bl.VD. SUI n 250 ,.uPA. 'nORI DA 33607-'75' CIUI.212.2300 WPS PAEPAAEO 8' REVISION Bf OA'E Stat. P~al.ct No. 15220.2599 PIN~LLAS COUNTY FLA, OFF,R~C,8K 11843 PG 2185 EXHIBIT "A" Page 3 of 8 STATE PROJ. NO. 15220-2599 PARCEL 11/ " A parcel of unplatted land together with a portion of Block 6, Plan of Clearwater Harbor. FlorIda comprIsIng A.C. Turners SubdIvIsIon recorded In Deed Book K, Page 415, Publfc Records of Hlllsborough County FlorIda of which PInel/as County was formerly a part and a portion of Lots 1,2 and 4, of H.E. Tookes SubdIvIsIon as recorded In Plat Book 3, Page 37 of the Publfc Records of PInel/as County, FlorIda, lyIng In Sect/on 16, Township 29 South, Range 15 East, PInel/as County Florida, being more particularly descrIbed as fol/ows: <I, COMMENCE at the Intersect/on of the south rIght of way Ifne of Court Street per OfficIal Record Book 4867, Page 1480 of the Publfc Records of PInel/as County (also known as Haven Street 60' Platted R/WJ, and the west rIght of way Ifne of Osceola Street (also known as Oak Street) as establfshed llt OfficIal Records Book 1963, Page 681, recorded In the Publfc Records 'of PInel/as County, sold point lyIng S ocr 08'46' W, 30.00 feet from survey center Ifne stat/on 70+96,50 of Court Street per State Project Number 15220-2599, thence S 00.08'46'W, along sold west rIght of way Ifne, 448.61 feet to the POINT OF BEGINNING sold poInt lyIng N 00.08'46' E, 26.05 feet from survey center Ifne station 37+22.42 of PIerce BaulfNard per State Project Number 15220-2599; thence N 00.08'46' E along the west rIght of way Ifne of sold Osceola Street, 52.42 feet to a poInt on a curve concave northeasterly: thence along the arc of sold curve to the right, having a radius of 386.00 feet, a central angle of 23004'28', the chord for which bears N 45.25'57"W, a chord dIstance of 154.40 feet, an arc dIstance of 155.45 feet to the end of sold curve: thence N 33.53'42'W, 88.94 feet to a poInt on the easterly right of way line of PIerce BoulfNard as recorded In Official Records Book 4273, Page 523: thence S 06.00'59' E along sold easterly right of way Ifne, 57.54 feet to a poInt on a curve concave northeasterly: thence along the arc of sold curve to the left, having a radIus of 205.25 feet, 0 central angle of 69.41'12', the chard for which bears S 40.51'35' E, a chard dIstance of 234.53 feet, an arc distance of 249.64 feet to the end of sold curve and the POINT OF BEGINNING. Safd lands cantafnfng contaIn 11737 square feet, mare or less. NOT A SURVEY FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPPING PARCEL SKETCH S.R. 60 PINELLAS COUNTY " OJ, rE APPROvED 8Y DATE HDIl ACQUIImOH _YIaI. DIe. zzoa H. 'M1f SHOAE BLVD. SUI IE 250 TA"A. 'LOAIDA U607."" CIUI.212.2300 PRELl" Ot.<< 09'13-01 F INAc.. CHEClEO lMl 09.13-0' W4PS PREPAAEO 8T ".P.I. NO. 2!t709J I SHEET I OF 2 REVISION 'T DUE Stote PrOJoct No. ISllO'2S99 Parcel # 16-29-15-92574-006-0010 ~lN~LLRS COUNTY rLR, Orr .R~C,8K 1194~ ~G 2196 EXHIBIT "A" Page 4 of 8 SECT/ON 16, TOWNSHIP 29 SOUTH, RANGE 15 EAST STATE PROJ, NO. 15220-2599 POINT OF COMMENCEMENT SOUTH RIGHT OF WAY VNE OF COURT STREET VI .... .. WEST RIGHT OF WAY VilE OF OSCEOLA STREET OFFICIAL RECORD BOOK 1963, PG 681 \ iq ~ ... DELTA= ZS04'28' L = 155.45' R = 386JX)' CB = N45"ZS'57W CD = IS4AO' ... ~ ~ .. <0<'(- ;p ~ ~" ".s> ... ~>r9ll.S>. "0 ... <'bs ~".~;. ....s: ~ "'" ~J;>.s,.~' 'oS'J.Js(c'o o:;'-1S' ,>, ~ ",<"-9. <"~-1". <,,,. <" <~..p~ .s>~<" '$0,.. <'<"t- ""-90 ~ <\i 10 POINT OF BEGINNING BASIS OF BEARIIIG IS THE WEST RIGHT OF WAY LINE OF OSCEOLA STREET BEING N ()(J'08'46'E LEGEND: L = ARC LENGTH R = RADIUS CB = CHORD BEARING CD = CHORD DIS T ANCE NOT A SURVEY FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPPING PARCEL SKETCH S,R. 60 P1NELLAS COUNTY If DUE APPROVED 8T DATE PRELlN DII< 09-1]-0' FINAl CHEC~ED ...... 09'1'-0' SHEET 2 OF 2 u.&PS PA(P.IJlED 8T KDll ACQUW'I1l:lH "VES:l ac:. 2202 N. MST SHOAE Il,.YD. SUI T[ 250 TA......, FLORI D4 33607.5755 18131.282.2300 W,P, I. NO. 25109J , REVISION .f OA'E S'ot. Project No. 15220.2599 ~lNELLRS COUNTY rLR, Orr ,REC,BK 11943 ~G 2197 EXHIBIT IA"'Page 5 of 8 STATE PROJ. NO, 15220-2599 PARCEL 1/5 A portion of Lot 14, The Markley Addition to Clearwater Florida, recorded In Plat Book I, Page 97 of the Public Records of HII/sborough County, Florida of which Pinel/os County was formerly a part thereof, lyIng In Section 16, Township 29 South. Range 15 East, Pinel/as County Florida, beIng more particularly described as follows: COMMENCE at the Intersection of the west right of way line of Ft. HarrIson Avenue with the north rIght of way line of Pierce Boul(Nard (also known as Chestnut Street) sold point lyIng N 00006'27'E, 24.89 feet from survey center line station 31+71.98 of Pierce Boul(Nard (also known os Chestnut Street) per State Project Number 15220-2599, thence N 89.08'44'W, along the north right of way line of Pierce Boul(Nard, 374,73 feet to the POINT OF BEGINNING beIng 0 point on a curve concave northerly; thence along the arc of sold curve to the rIght, havIng a radIus of 386.00 feet, a central angle of 1601/'25', the chord for which bears N 76039'44'W, a chord dIstance of 108.71 feet, an arc dIstance of 109.07 feet to the end of sold curve; thence N 42054'4J"W, 16.52 feet; thence N 00000'12'W, 5.00 feet; Thence S 89059'48'W, 8.15 feet to the west line of sold Lot 14 (also beIng the east rIght or way line of Osceola Street); thence S 00008'46' W along the east rIght of way line of Osceola Street, 40.31 feet to the southwest corner of sold Lot 14. sold corner lyIng N 00.08'46' E. 25.24 feet from survej center line station 36+72.31 of PIerce Boul(Nard per Stote Project Number 15220-2599; thence S 89008'44' E. along the north rIght of way line of sold PIerce Boul(Nard 125.30 feet to the POINT OF BEGINNING. Sold lands contaInIng 1627 square feet, more or less, NOT A SURVEY FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPPING Nor VALID WI TMour rl1( SIGICAJURE AND THE ORIC-INAl AAISEDSEAL OF A FLORIDA L ItENSED SURVEYOR AND IMPPEq. PAEPAAEO BVI HDR"CQUISlr~OHS A PARCEL SKETCH S.R. 60 PINELLAS COUNTY 'T DUE APPROYED BT DUE PRELIM Dl.fl D9"]'DI FINAL CHECKED ..... 09"]'0' SHEET I OF 2 .....,s PREPARED 8T 1IIl&~"~DIC 2201ft. MSf SHORE IUD. SUI u: Z'O fA,,". FLORI OA UIGf."" IIUI.ZIl.I:JOO ..P.l. NO. 257093 I REVISION IT DArE Stote ProJect No. 15220,25" Parcel # 16-29-15-55332-000-0010 ~IN~LLAS COUNTY rLA, Orr,R~C,8K 11943 ~G 2198 EXHIBIT "A" Page 6 of 8 SECTION 16, TOWNSHIP 29 SOUTH, RANGE 15 EAST STATE PROJ. NO. 15220-2599 V'l .... "< EAST RIGHT OF WAY UNE OF OSCEOLA STREET AND WEST VNE OF LOT 14, THE MARKLEY ADDITION TO CLEAfMATER FLORIDA, PLAT BOOK I, PAGE 97 HILLS80ROUGH COUNTY, FLORIDA WEST RIGHT OF WAY UNE - OF-FT, HARRISON AVENUE 16.52' , DELTA: 16"11'25' L : 109.07' R : J86.oo' CB = N76"J~'44W CO = 108.71 N8'?08'44W J74JJ' PWNT OF COMMENCEMENT POINT OF BEGINNIIIG NORTH RIGHT OF WAY UIIE OF PIERCE BOULEVARD BASIS OF BEARINGS IS THE NORTH RIGHT OF WAY UNE OF PIERCE BOULEVARD BEING N 89'08'44'W NOT A SURVEY LEGEND: L = ARC LENGTH R = RADIUS C8 = CHORD BEARING CD = CHORD DISTANCE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPPING PARCEL SKETCH S.R. 60 PI NELL AS COUNTY ., DATE APPRovED BY DATE PREll" 0,"" 09-1]'0' FINAL CHECKED ...... 09-']-01 SHEET 2 OF 2 WAPS PREPARED BY 11M ACQVwnoN ..~ 1NC. 2202 N. Msr SHOAE BLVD. SUI fE 2'0 TUPA. FLORIOA 33607.57" ClI)I.282.2300 ',P.I. NO. 25709] , REVISION .' DAfE Stat. P,ol.ct No. 15220.2599 ,. II. ,. PINELLRS COUNTY rLR, Orr ,REC,8K 11943 PG 2199 EXHIBIT "A" Page 7 of 8 STATE PROJ, NO. 15220-2599 PARCEL 1/9 \ A portion of Lot I and Lot 8, Matlock Place, recorded In Plot Book 6, Page 37 and re-recorded In Plot Book 6, Page 83, Public Records of PInel/os County, FlorIda, lying In Section 16, Township 29 South, Range 15 East, PInel/os County, FlorIda, being more particularly descrIbed os fol/ows: COMMENCE at the southeast corner of Lot 20, The Markley Addition to Clearwater FlorIda, recorded In Plot Book I, Page 97 of the Public Records of Hlllsoorough County, Florida of which PInel/as County was formerly 0 part thereof, thence along the west right of way line of Palm Street (30' PleftedR/w), N OQ-0{)2'OS'-W,2.46.7Ifeett(J the northeast corner of Lot 8, Matlock Place, recorded In Plat Book 6, Page 37 and re- recorded In Plot Book 6, Page 83, Public Records of PInel/os County, FlorIda, sold corner lyIng S 00002'05' E, 24.93 feet from survey center line station 34+39,21 of PIerce Boulevard per State Project Number 15220- 2599 and the POINT OF BEGINNING: thence S 00002'05' E, along the west rIght of way line of Palm Avenue 5.08 feet: thence departing sold west rIght of way line N 890l/'08'W, 78.44 feet to 0 poInt on a curve concave northerly; thence along the arc of sold curve to the rIght, havIng a radIus of 482.35 feet, a central angle of 08056'48', the chord for which bears N 85014'05'W,a chord dIstance of 75.24 feet, on arc dIstance of 75.32 feet to the south rIght of way line of PIerce Boulevard (also known os Chestnut Street); thence S 89008'44' E along sold south rIght of way line, 153.43 feet to the POINT OF BEGINNING. Sold lands contaInIng 667 square feet, more or less. NOT A SURVEY FLORIDA DEPARTMENT OF TRANSPORTATION RICHT OF WAY MAPPINC Nor VALIDwlfHour TWE SICNArUAE AND rHE ORICINAL RAISED SEAL Of A FLORIDA LICENSED SURVEYOR "teO ""'ER. PARCEL SKETCH S,R. 60 PI NELL AS COUNTY .' DATE APPROVED Df DUE PRELl" OWl 09"3-01 FINAl. OF 2 CHECKED lMl 09'13-0' .... ADlWIIIT'ION _~ DC n02 No WESJ SHORE BLYD. IUI rE 25. fA...", FLOAI DA 33607."" 18131-212.UOO YAPS PREPoUtED Sf F'1[I.D 8004 NO,'S ..P. I. NO. 251093 , Stote p,oJ oct No. 15220-2599 SHEET I R(YISIQt.l ., Ol.rr. Parcel # 16-29-15-55998-000-0010/16-29-15-55998-000-0030 -..... ,. "" :- II. PIN~LLAS COUNTY rLA Orr,REC.8K 11843 PG 2200 EXHIBIT "A" Page 8 of 8 SECT/ON 16, TOWNSHIP 29 SOUTH, RANGE 15 EAST I STATE PROJ. NO. I 15220-2599 SOUTH RIGHT OF WAY UNE (,PARCEL OF PIERCE BOULEVARD 1/9 I S89'08'44'E 15J.4J' " \ - N89'1I'OB"W ~l~ ~ . p. ~",l1~~ ,,~~~~ ~" II" bi-JL!I CS...JQ:(j~ r.' --- 78,44' BASIS OF BEARING IS THE SOUTH RIGHT OF WAY UNE OF PIERCE BOULEVARD BEING S 89'08'44' E LEGEND: L = ARC LENGTH R = RADIUS CB = CHORD BEARING CD = CHORD DiSTANCE t--. ACQUWT'KIN ..v--. DC 2202 H. flur SHOAE BLYD. 5UI n 250 JA"'A. 'LOAI DA Ufi07.S7SS 11131.282.2)00 REViSION If ~ V1 .... <: POINT OF BEGINNING \ NE CORNER LOT 8. MATLACK !5> PLACE. PLAT BOOK 6. PAGE 37 ~ AND PLAT BOOK 6. PAGE 83 PINELLAS COUNTY. FLORIDA ,~ ~ I-E-- WEST RIGHT OF WAY UNE OF PALM STREET ~ It'I P f:j ~ POINT OF COMMENCEMENT SE CORNER OF LOT 20. MARKLEY ADDITION TO CLEARNATER, FLORIDA PLAT BOOK I, PAGE 97 HILLSBDROUGH COUNTY, FLORIDA NOT A SURVEY FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPPING PARCEL SKETCH S.R. 60 PINELLAS COUNTY BY DATE APPROvED BY DATE PREll" DW( 09'13'0' F IHAl CHECKED llWII 09,'3'01 MAPS PREPARED BY I "IELO 800r.IrIlO.'S NIA ISCAlEI 1-. 10' ..P.I. NO. 25709) , DUE Stote Project NO. 15220'2599 I SHEET 2 OF 2 AFFIDAVIT OF NO LIENS STATEOFFLORIDA ) ) COUNTY OF PINELLAS) BEFORE ME, the undersigned Notary Public, duly authorized to administer oaths and take acknowledgments, personally appeared David J, DelMonte, Real Estate Management Coordinator, on behalf of Pine lIas County, Florida, who, being first duly sworn, did depose and say that: 1. I am a Real Estate Management Coordinator of Pine lIas County (the "County"), 2. The County is the owner of the real property located in Pinellas County, Florida, as is more particularly described in Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is now in possession of the County and there is no person or entity in possession of the Property or who has any rights or tenancies in or to the Property. 3. No Notice of Commencement affecting the Property has been executed, recorded or posted by the undersigned, on behalf of the County. 4. To the best of his knowledge and belief, the Property is free and clear of all liens, taxes, encumbrances, and claims of every kind, nature, and description whatsoever. 5. To the best of his knowledge and belief, the undersigned, on behalf of the County, knows of no state or federal judgment or lien of any kind or nature whatever against the Property. 6. There has been no labor performed on or materials furnished the Property within the past ninety (90) days for which payment in full has not been made or for which valid liens could be filed, there are no claims whatsoever of any kind or description against the Property for which liens could be filed according to the statutes in such cases made and provided; and no informal notice of claim has been received by the undersigned, on behalf of the County, including without limitation unrecorded labor, construction or materialmen's liens against the Property, 7. To the best of his knowledge and belief, the undersigned, on behalf ofthe County, hereby warrants that the undersigned, on behalf of the County, has received no notice of any public hearing regarding pending or future assessments for improvements by any governmental agency and there are no unpaid or pending bills, assessments or liens against the Property for sanitary sewers, paving, utility installation, service or other improvements made by any public utility or governmental agency, whether or not such assessments appear of record. 8. The undersigned, on behalf of the County, knows of no violations of municipal or county ordinances, or any easements or claims of easements for uses or adverse interests not shown by the public records, pertaining to the Property including without limitation any unrecorded easements or rights-of-way created through use or adverse interest with respect to the Property. The undersigned, on behalf of the County, knows of no violations or breaches of any covenants, conditions or restrictions applicable to the Property, including without limitation, building setback violations and use restrictions violations. ~ 9. Any personal property being sold to the CITY OF CLEARWATER, Purchaser, that is located on the Property is also free and clear of liens, encumbrances, claims, and demands whatsoever. 10, The undersigned, on behalf of the County, has in the operation ofthe Property, where applicable, complied in all respects with the sales tax laws, and shall submit in a timely fashion all filings not currently due. 11, The undersigned, on behalf of the County, warrants that there are no estate tax, inheritance tax, or income tax liens, under federal or state laws, against the Property, or against the undersigned, on behalf of the County, which would affect the Property. 12. There is no outstanding unrecorded agreement of sale, option, deed, agreement for deed, conveyance, mortgage, or lease affecting the title to the Property, other than the agreement that is the subject of this transaction. 13. All statements made herein shall, to the best of the knowledge and belief of the undersigned, on behalf ofthe County, be true and correct as ofthe date and time the deed is recorded. There are no matters pending against the undersigned, on behalf of the County, that could give rise to a lien that would attach to the Property between the date thereof and such recordation. The undersigned, on behalf of the County, has not and will not commit, between the date hereof and the date and time of such recordation, any act that would cause the statement made herein to change or to becom~ invalid, nor will the undersigned, on behalf of the County, execute any instrument that would adversely affect the title to the Property. PINELLAS COUNTY, FLORIDA By: ~.o~, ~f}1d~ David 1. onte Real Estate Management Coordinator STATE OF FLORIDA ) ) COUNTY OF PINELLAS) The foregoing instrument was acknowledged before me this _ day of April, 2002, by David 1. DelMonte, Real Estate Management Coordinator, as Real Estate Management Coordinator, of Pin ell as County, Florida, on behalf of the County. He _ is personally known to me OR _ has produced a Florida Driver's license as identification and who did take an oath. MARIANNE SCHAFfER ,.!'~~"'P~~, r'I......._ ~ .'to Notary PublIc. State Of rlUlJUa * * My Commission expires 12/14105 ." :I "-)0.'" Commission No. # 00068427 EXHIBIT "A" Page 1 of 8 STATE PROJ. NO. PARCEL /f0 15220-2599 A parcel of land containing a {XJrtlon of Plan of Clearwater Harbor, Florida, comprising A.C. Turners Subdivision, recorded In Deed Book 'K', Page 475, HlI/sborough Counly, Florida of which Pinel/as Counly was formerly a part, lying In Section 16, Township 29 South, Range 15 East, Pinel/as Counly FlorIda, beIng more particularly descrIbed as fol/ows: 'ill, COMMENCE at the nortfr.Nest corner of Oak Cove a CommercIal Condominium, recorded In CondomInIum Plat Book 102, Page 92, of the Public Records of PInel/as Counly, FlorIda, sold carner lyIng N 89010'26' E. 39.72 feet from survey center line station 48+40.93 of PIerce Boulevard per State Project Number 15220-2599, sold paint also lyIng on the easterly right of way line of PIerce Boulevard, beIng a paInt on curve concave westerly: thence along the arc of sold curve to the rIght, havIng a radIus of 980,00 feet, a central angle of 07"50'15', the chard for which bears S 09052'43'E, a chard distance of 133,95 feet, an arc distance of 134.05 feet to the end of sold curve and the soutfr.Nest corner of sold Oak Cove CommercIal Condominium, and the POINT OF BEGINNING. sold {XJlnt lyIng N 89032'55' E, 40.29 feet from survey cenler line station 47+07.21 of PIerce Boulevard per State Project Number 15220-2599, sold paInt also lying on Ihe easterly rIght of way line of PIerce Boulevard: thence S 05057'35' E along sold easterly right of way line a distance of 94.47 feet to a {XJlnt on a curve concave northeasterly: thence along the arc of sold curve to the left, having a radIus of 182.23 feet, a central angle of 7/0/7'55', the chard for which bears S 4/"36'32'E, a chard distance of 212.42 feet, an arc distance of 226.77 feet to the end of sold curve and 0 {XJlnt lying on the ,north right of way line of Court Street. said {XJlnt also lying N 13005'31'E, 25.54 feet from survey center line station 68+33.54 of Court Street per State Project Number 15220-2599: thence S 89032'48' E, along the north right of way line of Court Street, 253.66 feet: thence deparflng sold norlh rIght of way line N 00021'15' E, 1,05 feet: thence N 89032'50' W, 52.10 feet 10 a {XJlnl on a curve concave northeasterly: thence along the arc of saId curve to the righi, havIng 0 radius of 390.00 feet, a central angle of 49042'37", the chord for which bears N 64041'30'W, a chord distance of 327.85 feet, on arc distance of 338,37 feet to the end of sold curve: thence N lo030'20'W, 40.32 feet to a {XJlnton a curve concave northeasterly: thence along the arc of sold curve to the right, havIng a radius of 371.92 feet, 0 central angle of 12051'56', the chord for which bears N 2T"58'48'W, a chord distance of 83.34 feet, on arc distance of 83.51 feet to the end of sold curve, sold paint Iylnq on the soulh line . of Oak Cove a Commercial Condominium, recorded In Condominium Plat Book 102, Page 92, of the Public Records of Pinel/as Counly, FlorIda: thence S 89032'55'W, along said south line, 8.99 feet to the POINT OF BEGINNING. Sold lands contalnlnq 16330 square feet, more or less. NOT A SURVEY FLORIDA DEPARTMENT OF TRANSPORTATION RICHT OF WAY MAPPINC NOf VAliD WHMour 'N[ SIGNArUA[ AHO 'Me: OftlClHAL ....U(D S(AI. 01 A rL04IDA. ~~~~:::: :~~~A:~ c""PlR, }, t? 1I'"h :COU.lSlfa~ ~ / J ~ WleMAH W. ",,~OLO :~2TA '-"' HOItIDA p~OnSSIOM.L :'''''0 S V[ A '- fl..oal~ C(ArIJICAU filO. JJ9J LICUIIU ."'....... -"" PARCEL SKETCH s.R. 60 PI NELL AS COUNTY .r DUE 0'- 1)'0' ,lPFJRO'lln " DATE .... AC'QVM11DH 1I;lYICII. DC 2202 H. 'finf S...uA( IUD. IUI IE 2'0 TA....'. fLORtDA l.nOl."" III J 1.'IZ.2l00 PREll" 0'" FINAL CHEC(EO """ .....It'" PRVAlI[3 I!Jf 09-' ]'0' ...1>>.1. NO. 25109J I IfIE1.0 800l fifO.'S H/4 (sCALE! NIA "(""1 'ION .T 0& IE Stat. PI"oJ.ct No. 15220-2599 ISHEET I OF 2 EXHIBIT "A" Page 2 of- 8 SECTION 16, TOWNSHIP 29 SOUTH, RANGE 15 EAST STATE PROJ. NO. 15220-2599 III .... ~ POINT OF COIIIJENCEIJENT NW CORNER OF ()AJ( COVE A COIJIJERCIAL CONOCIiINIIJIJ. CONOOIJINIIJIJ PlAT BOOX 102. \ PN;E 92. PINELIAS COUNTY. FIJ)IlIOA DeLTA- 1Z"S1'5I;' L - 8J.5I' R . J7/.9Z' C8 . NZl"SB'48W CD . 8Jo34' BASIS OF BEARINGS IS THE NOIlTH RIGHT OF WR UNE OF COURT STREET BEING SB'T J2'48' E l'" 1Il ~~ 25J.66' S89"JZ'48'E N8'J"JZ'SOW 5Z.10' NOIlTH IIICHT OF WR UNE COVRT STREET NOT A SURVEY FLORIDA DEPARTMENT OF TRANSPORTATION RICHT OF WAY MAPPINC LEGEND: L .. AIIC LENGTH R .. RADIUS CB .. CHORD BEARING CD .. CHORD DISTANCE PARCEL SKETCH S.R. 60 PINELLAS COUNTY If OUt APPAOvt:O " DATt PREll U OMl 09-1]'0' fiNAL CHECK EO ""'" O. .1]-01 w.P.I. NO. 2S 109S I SHEET 2 OF 2 IIDI AC'GUWTIlllN ..~ oc. I'a02 N. .Sf SHOltl II..VO. IUI fr '50 ",....... n011l 04 J3601."" .1,'..212.2300 UIoPS "[PUlO I" IIt(VUIOH If O"'l St... Pro! ect No. 15220-2599 EXHIBIT "A" Page 3 of 8 STATE PROJ. NO. 15220-2599 PARCEL 11/ \ A parcel of unplatted land together with a portion of Block 6, Plan of Clearwater Harbor, Florida comprising A.C. Turners Subdivision recorded In Deed Book K, Page 475, Public Records of Hlllsborough County Florida of which Pinel/os County was formerly a port and a portion of Lots 1,2 and 4, of H.E. Tookes Subdivision as recorded In Plat Book 3, Page 37 of the Public Records of Pinel/as County, Florida, lying In Section 16, Township 29 South. Range 15 East. Pinel/as County Florida. being more particularly described as fol/ows: II. COMMENCE at the Intersection of the south right of way line of Court Street per Official Record Book 4867, Page 1480 of the Public Records of Pinel/as County (also known as Haven Street 60' Platted R/WJ, and the west right of way line of Osceala Street (also known as Oak StreefJ as established /J; Official Records Book 1963, Page 681, recorded In the Public Records "of Pinel/os County, sold point lying S 00"08'46'W, 30.00 feet from survey center line stal/on 70+96.50 of Court Street per State Project Number 15220-2599, thence S 00"08'46'W. along sold west right of way line, 448.61 feet to the POINT OF BEGINNING sold polnt Iylng N 00'08'46'E, 26.05 feet from survey center line station 37+22.42 of Pierce Boulevard per State Project Number 15220-2599: thence N 00'08/46' E along, the west right of way line of sold Osceola Street, 52.42 feet to a polnt on a curve concave northeasterly; thence along the arc of sold curve to the right, having a radius of 386.00 feet, a central angle of 23'04'28', the chord for which bears N 45'25'57"W, a chord dlstance of 154,40 feet, an arc dlstance of 155.45 feet to the end of sold curve; thence N 33'S3'42'W, 88,94 feet to a point on the easterly rlght of way line of Pierce Boulevard as recorded In Official Records Book 4273, Page 523; thence S 06'00'59' E along sold easterly rIght of way line, 57.54 feet to a point on a curve concave northeasterly: thence along the arc of sold curve to the left, having a radius of 205.25 feet, a central angle of 69' 4{'12'. the chord for which bears S 40' 51/35' E, a chord dlstance of 234.53 feet, an arc distance of 249.64 feet to the end of sold curve and the POlNT OF BEGINNING. Safd lands contafnfng contafn 1/737 square feet, more or less. NOT A SURVEY FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPPING ftOt VALID WITHOut fH( SICHATUA(AHO rHE ORlelHAI. RAlseO lEAl 0'''' FLORIOA ..eCENUO stntV(YOJI A"D "'PPEIl. 'A(PAR(O IYa HOR ACQUIII UO SUll'I PARCEL SKETCH S.R. 60 PINELLAS COUNTY Ir DArt APPROvED IT 0""( HDIl A.OQVBmOH ..v--. ItC. nOl N. "'!:SI SHOAl IUD. IUI r( 150 fA....". 'LOAIOA U601."" raUI.212.:UOO PAELI" Dr.<< 09,'3'0, FIHAl CHEC_ED UWU 09-1] '0' MAPS I'A['AR(O IT ..P. I. NO. 25109] I OF 2 "(vliION Ir DU[ Sto'. ProJlct No. 15110'n9t " EXHIBIT "A" Page 4 of 8 SECTION 16, TOWNSHIP 29 SOUTH, RANGE /5 EAST STATE PROJ. NO. 15220-2599 PO/NT OF COMMENCEMENT SOUTH RIGHT OF WAY UNE OF COURT STREET VI ... >: WEST RIGHT OF WAY UIIE OF OSCEOLA STREET OFFICIAL RECORD BOOK /96J, PG 681 '. ~ ~ DELTA" ZS04'ZS' L " /55.45' R " J86.DO' C8 .. N4!S25'5T'W CD " /54,40' .... ~ ~ '" ~ 0",-1.1',., ~""'~-1r-9<.... ..... <~-sy~ ~....."S-..... ~v ~O ~ ~ '" POINT OF BEGINNING BASIS OF BEARING /S THE WEST RIGHT OF WAY LINE OF OSCEOLA STREET BE/NG N OI708'46'E LEGEND: L .. ARC LENGTH R .. RADIUS CB .. CHORD 8EAR/NG CD .. CHORD DiSTANCE NOT A SURVEY FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPPING PARCEL SKETCH S.R, 60 PI NELL AS COUNTY Ir DATE APPRO'l[D 8' DArE PAEL I M FINAL CHEClEO Dill 09-']'0' ...... 09"]'0' SHEET 2 OF 2 ...." '''[PaJltD If IIDlI ACQl1W'f1ClN ..~ DC n02 H. WI: Sf SHOAl IUD. SUI rr 250 U...". ''-ORI QA n607.5755 1'1)'.'12.2)00 ..P.I, NO. 251093 , "(VISION Ir OUt 5'0" P,oJle. No. 15220,25" ., EXHIBIT "A "..page 5 of 8 STATE PROJ. NO. 15220-2599 PARCEL //5 A portfon of Lot 14, The Markley Addition to Clearwater FlorIda, recorded In Plot Book I, Page 97 of the Public Records of Hlllsborough County, FlorIda of whIch PInel/os County was formerly 0 {Xlrt thereaf, lyIng In Sectfon 16, TownshIp 29 South, Range 15 East, Plnellos County FlorIda, beIng more {Xlrtfculorly descrIbed os follows: COMMENCE at the Intersectfon of the west rIght of way line of Ft. HarrIson Avenue with the north rIght of way line of PIerce Boulelord (also known os Chestnut Street) sold poInt lyIng N 00006'27' E. 24.89 feet from survey center line station 31+71,98 of PIerce Boulevard {also known os Chestnut StreefJ per State Project Number 15220-2599. thence N 89008'44'W. along the north rIght of way line of PIerce Boulevard, 374,73 feet to the POINT OF BEGINNING beIng 0 poInt on 0 curve concave northerly: thence along the arc of sold curve to the rIght, havIng 0 radIus of 386.00 feet, 0 central angle of 160//'25', the chord for which bears N 76039'44'W, 0 chord dIstance of 108.71 feet. on arc dIstance of 109.07 feet to the end of sold curve: thence N 42' 54'43' W, 16.52 feef: thence N 00'00'12'W. 5.00 feef: Thence S 89059'48'W. 8.15 feet fo the wesf line of sold Lot 14 {also beIng the east rIght of way line of Osceola StreefJ: thence S 00'08'46' W along the east rIght of way line of Osceola' Street. 40.31 feet to the southwesf corner of sold Lot 14. sold corner lyIng N 00'08'46'E. 25.24 feef from survey center line station 36+72.31 of PIerce Boulevard per State Project Number 15220-2599: thence S 89008'44' E, along the north rIght of way line of sold PIerce Boulevard 125.30 feet to the POINT OF BEGINNING. Sold lands contaInIng 1627 square feet. rr.ore or less. NOT A SURVEY FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPPING NOf VALID WI rHour fHI IICKAfUR( AND tH( OA.GIML IAI5[O ItAL 01'" HOAIDA l' CEMIO SUR'UOR ANa ""'1 'I. PA(PARIO IVa NOAACQUISlftDNS A PARCEL SKETCH S.R, 60 PINELLAS COUNTY Ir 01 'E lPPRO'ttO If DUE PRELIM fiNAl CHECKED DIoI( 0"')'0' ...... 0"')'0' SHEET OF 2 .....ps 'R(PAREO .' .. ACQUIN'I"IOH ..~ ac:. un N. WUI S"QA( I"YD, SUI T( ISO fA....... HORI DA ))101.'''' '.11).211-2)00 ..P.I. NO. 2S10'13 I "(VISION .. a,rE Stat. 'roJect No. IS220.Z59, '> EXHIBIT "A" Page 6 of 8 SECTION 16, TOWNSHIP 29 SOUTH, RANGE 15 EAST STATE PROJ. NO. 15220-2599 VI ... ~ EAST RIGHT OF WAY UNE OF OSCEOLA STREET AND WEST UNE OF LOT 14, THE MARKLEY ADDITION TO CLEARoVATER FLORIDA, PLAT BOOK I, PAGE 97 HILLSBOROUGH COUNTY, FLORIOA WEST RIGHT OF WAY UNE OF FT, HARRISON AVENUE 16.52' DELT A= 16'II'Z5' L .. 109.07' R = J86.oo' CB = N76'J~'44W CD = /08,71 N8'508'44W :J74J J' POINT OF COMMENCEMENT POIN T OF BEGINNII/G NORTH RIGHT OF WAY WI[ OF PIERCE BOULEVARD BASIS OF BEARINGS /S THE NORTH RIGHT OF WAY UNE OF PIERCE BOULEVARD BEING N 8'508'44'W NOT A SURVEY LEGENDr L .. ARC LENGTH R .. RADIUS CB or CHORD BEARING CD or CHORD DISTANCE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPPING PARCEL SKETCH 5,R. 60 PINELLA5 COUNTY "' OUE ""AQV(O IT DAn PREll" FIN.L CNECKED owe 0'.1)..01 ...... 0,.1] '0' SHEET 2 OF 2 YAPS PR(PARED I' ... AtlQV.-noH ..~ DC "n N, M:U SHOAE IUD. SUI U 2'0 ,...... fLOR'D. U60'.51" IIU"202.2)00 ..P.', NO, 2Sla,J , Rt'tUION .r DAff Stot. ProJ .ct No. 15210-JS" .. EXHIBIT "A" Page 7 of 8 STATE PROJ. NO. 15220-2599 PARCEL 1/9 A portion of Lot I and Lot 8, Matlock Place, recorded In Plot Book 6, Page 37 and re-recorded In Plot Book 6. Page 83. Public Records of PInel/os County. FlorIda, lyIng In Section 16. Township 29 South. Range 15 East, PInel/os County. FlorIda, beIng more portlcularly descrIbed os follows: '. ii, COMMENCE at the southeast corner of Lot 20. The Markley Addition to Clearwater FlorIda. recorded In Plot Book I. Page 97 of the Public Records of Hlllsborough County. FlorIda of which PInel/os County was formerly 0 port thereaf, thence along the west rIght of way line of Palm Street (30' Plotted R/WJ, N 00.02'OS'W, 246.71 feel to the northeast corner of Lot 8, Matlock Place. recorded In Plot Book 6, Page J7 and re- recorded In Plot Book 6, Page 83, PublIc Records of Pinel/os County, FlorIda. sold corner lyIng S 00.02.'05' E. 2.4.93 feet from survey center line station 34+39.21 of PIerce Boulevard per State Project Number 1522.0- 2599 and the POINT OF BEGINNING: thence S 00.02.'05' E, along the west rIght of way line of Palm Avenue 5.08 feet: thence deporting sold west rIght of way line N 8g.I/'08'W, 78.44 feet to 0 poInt on 0 curve concave northerly: thence along the arc of sold curve to the rIght, havIng 0 radIus of 482.35 feet, 0 central angle of 08056'48', the chord for whIch bears N 8S.,4:05'W,a chord dIstance of 75.2.4 feet, on arc dIstance of 75.32 feet to the south rIght of way line of PIerce Boulevard (also known os Chestnut StreefJ: thence S 89.08'44' E along sold south rIght of way line, 153.43 feet to the POINT OF BEGINNING. ,. Sold lands contatnlng 667 square feet, more or less. NOT A SURVEY FLORIDA DEPARTMENT OF TRANSPORTATION RICHT OF WAY MAPPINC Mar VAL lOW' rHOUT 'HI: SICllArUAl AHO THE OAICINA\. AAlSro srAL 0' A'LORIDA \IC[N'[O Iu.vlrDA AND MlIo"fa. '''EPARIO IY. frt..... ;~::cou's"'r;::'~r);' "A J.>> WItMAn.. .,..tkiOlO ':J~ ' ,,"0111 CIA PAO'(III OM\. lAND 15 YI: '"aAlOA crlflnCAr( NO. UIJ \I crill" 'USI"" -Ill. PARCEL SKETCH S.R. 60 PINELLAS COUNTY ICDt. ~ _n:a.1ItC nor ... Mil SHOAE '''0. IUl1l: ZSO TAWA. '''DRUM ]J.01."" IIIJI.IIZ.noo IIf 0" t( APPAOVlD ar DUE PREll" 0"" 09-13-01 FIHAl CHEClED lIWIl 09-13-0' ......, PAIPAA(O ., ..p.l. HO. 2~r09l I I rinD 11001( NO,'S H/A ISCAlEI N/" ISHEET I OF 2 RtvlSlOfIiI " OAlt Stat. ProJect Ho. .suo-nn t . EXHIBIT "A" Page 8 of 8 SECT/ON 16, TOWNSHIP 29 SOUTH, RANGE 15 EAST SOUTH RIGHT OF WAY UNE r:PARCEL OF PIERCE BOULEVARD 119 I S89'08'44'E 153.43' II, \ - N89'II'08'W ~ l~ ~ . .... ~",~ij:j~ h"~~~ oc......,. ....., 1111 "II I ~"'Q:~8 78,44' BASIS OF BEARING IS THE SOUTH RIGHT OF WAY UNE OF PIERCE BOULEVARD BEING S 89'08'44" E LEGENDr L - ARC LENGTH R = RADIUS CB = CHORD BEARING CD . CHORD OIS T ANCE ... ACllIVW'I1GN ........ DC. uu M. M" SHOAC IUD. SUI J( 250 U"'A, 'LOAIOA U60'."" IIIJI.283.UOO It(YISION J' STATE PROJ. NO. 15220-2599 l '" ... '"' \ .... paIN T OF BEGINNING NE CORNER LOT 8, MATLACK PLACE. PLAT BOOK 6, PAGE 37 AND PLAT BOOK 6. PAGE 83 PINELLAS COUNTY. FLORIOA i:; ~ --- WEST RIGHT OF WAY UNE OF PAUl STREET l<I ~ ~ POINr OF COMMENCEMENr SE CORNER OF LOT 20, MARKLEY ADOIT/ON TO CLEAfNfATER, FLORIDA PLAT BOOK I, PAGE 97 HILLSBOROUGH COUNTY. FLORIDA NOT A SURVEY FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPPING PARCEL SKETCH S.R. 60 PINELLAS COUNTY If QUE A,PPAovEO IY 010 J[ PREll.. 0... 09-13-01 FIHAl CHECKED ..... 09-13-01 """S PR(PIoRlO I' I, l(La eOOC, NO..S HIA ISCIoltl 1- - 10' ..P.I. HO. 2~109l I our State p,.oJect "'0_ 15220-25" ISHEET 2 OF 2 Clearwater City Commission Agenda Cover Memorandum Worksession Item #: Final Agenda Item # Meeting Date: SUBJECT/RECOMMENDATION: Approve a Property Exchange Agreement with Pinellas County for exchange of property necessary for construction of the new Memorial Causeway Bridget at a cost to the City of $270,752, ~ and that the appropriate officials be authorized to execute same. SUMMARY: + Construction of the new Memorial Causeway Bridge will require a minor realignment ot Court and Chestnut Streets. + This realignment necessitates the transter ot 30,361 square teet ot Pinellas County owned property to the City to be used as new right-ot-way, and the transter ot 24,465 square feet ot excess City owned right-ot-way to the County. + In April 2000 the City and County entered into an Interlocal Agreement outlining various responsibilities related to the bridge construction. The Agreement included the County's commitment to fund $10,000,000 of the bridge construction costs, payable in two $5,000,000 installments. The City received the first $5,000,000 in July 2001. The second installment is due this fiscal year. The Agreement also imposed conditions on both parties related to the property exchange. + This Property Exchange Agreement defines the commitments of each party in order to complete the property exchange. + The City is committing to reimburse the County $70,752 for the difference in square footage of the properties to be exchanged, and to reimburse the County $200,000 as compensation for parking spaces lost due to the right-ot-way shift. The $200,000 will be deducted trom the County's second $5,000,000 payment. + Approval of this Agreement will assure that the project remains on schedule for a January 2002 construction start. + A copy of the Agreement is available for review in the City Clerk's office. + Funding is available in capital project 315-92820, Memorial Causeway Bridge. Reviewed by: Originating Dept: ~ Legal Info Srvc N/A PW Engineering (M. uillen) Budget #- Public Works ~ User Dept. Purchasing N/A DCMlACM Risk Mgmt N/A Finance ~ Attachments Costs: Total $270,752 Funding Source: Current FY $270,752 CI X OP Other Submitted by: City Manager '"' ~., Printed on recycled paper 2/98 I&l None Appropriation Code: 315-92820-560100-541-000 Rev. \ . , AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY 1()"17-92 (Florida Modilied) '. " . File #01120022 CLW POLICY NO. OWNER'S POLICY OF TITLE INSURANCE ISSUED BY /OP-9-170a-70/ AMERICAN PIONEER TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, AMERICAN PIONEER 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 exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, AMERICAN PIONEER 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. I~uedby. ;tf: d- AMERICAN PIONEER TITLE INSURANCE COMPANY Somers Title Company 1290 Court Street Clearwater, FL 33756 (727) 441-1088 Fax (727) 449-1359 ~ 110 ':id~ Attest ~ ,..:' ~ Secretary QP.g EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (al created, suffered, assumed or agreed to by the insured claimant (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or 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. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) -.the transaction creating the-estate or interest insored by.thispoticy being deemed a fraudutent-conveyanceor-frauduleAttransfer, or- ------~--- (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (iil of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 1. DEFINITION OF TERMS CONDITIONS AND STIPULATIONS 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE 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 would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructivo knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule [AI, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule [A], nor any right, titie, 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 (ij "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1 (a)(iv) of the Exclusions From Coverage, "public records" shall also .include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the tille to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable tille. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The insured shall notify the Company promplly in writing (i) in case of any litigation as set forth In Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of tille or interest which Is adverse to the tille to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if tille to the estate or interest as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then. as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured , under this' policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the tille or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured In the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the tille to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any 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. (d) 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 shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constiMes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. lithe Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. ~ , .' . I' OWNER'S POLICY Schedule A State: FL County: PINELLAS File Number 01120022 Policy Number OP-9-1708-70 Effective Date April 12, 2002 Effective Time 3:07 PM Amount of Policy $364,332.00 Commitment #: Simultaneous #: Reinsurance #: 1. Name of Insured: CITY OF CLEARWATER, a municipal corporation 2. The estate or interest in the land described or referred to in this Schedule A and which is encumbered by the insured mortgage is: Fee Simple 3. The estate or interest referred to herein is at Date of Policy vested in the insured. 4. The land referred to herein is described as follows: PARCEL 110 A parcel of land containing a portion of Plan of Clearwater Harbor, Florida, comprising A.C. Turners Subdivision, recorded in Deed Book "K", Page 475, Hillsborough County, Florida, of which Pinellas County was formerly a part, lying in Section 16, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: COMMENCE at the northwest corner of Oak Cove, a Commercial Condominium, recorded in Condominium Plat Book 102, Page 92, of the Public Records of Pinellas County, Florida, said corner lying N 89010'26" E, 39.72 feet from survey center line station 48+40.93 of Pierce Boulevard per State Project Number 15220-2599, said point also lying on the easterly right of way line of Pierce Boulevard, being a point on curve concave westerly; Thence along the arc of said curve to the right, having a radius of 980,00 feet, a central angle of 07050'15", the chord for which bears S 09052'43" E, a chord distance of 133.95 feet, an arc distance of 134.05 feet to the end of said curve and the southwest corner of said Oak Cove Commercial Condominium, and the POINT OF BEGINNING, said point lying N 89032'55" E, 40,29 feet from survey center line station 47+07.21 of Pierce Boulevard per State Project number 15220-2599, said point also lying on the easterly right of way line of Pierce Boulevard; Thence S 05057'35" E along said easterly right of way line a distance of 94.47 feet to a point on a curve concave northeasterly; Thence along the arc of said curve to the left, having a radius of 182,23 feet, a central angle of 71017'55", the chord for which bears S 41036'32" E, a chord distance of 212.42 feet, an arc distance of 226,77 feet to the ~d- _ . Issued By: 1875* 01120022 1 .AA ." SOMERS TITLE COMPANY /~ ( 819 COURT STREET Countersigne Authorized Signatory CLEARWATER, FL 33756 Note: This Policy consists of insert pages labeled Schedule A and B. This policy is of no force and effect unless all pages are included along with any added pages incorporated by reference. . /- OWNER'S POLICY end of said curve and a point lying on the north right of way line of Court Street, said point also lying N 13005'31" E, 25.54 feet from survey center line station 68+33,54 of Court Street per State Project Number 15220-2599; Thence S 89032'48" E, along the north right of way line of Court Street, 253.66 feet; Thence departing said north right of way line N 00027'15" E, 1.05 feet; Thence N 89032'50" W, 52,70 feet to a point on a curve concave northeasterly; Thence along the arc of said curve to the right, having a radius of 390.00 feet, a central angle of 49042'37", the chord for which bears N 64041'30" W, a chord distance of 327,85 feet, an arc distance of 338.37 feet to the end of said curve; Thence N 10030'20" W, 40.32 feet to a point on a curve concave northeasterly; Thence along the arc of said curve to the right, having a radius of 371,92 feet, a central angle of 12051'56", the chord for which bears N 27058'48" W, a chord distance of 83.34 feet, an arc distance of 83.51 feet to the end of said curve, said point lying on the south line of Oak Cove a Commercial Condominium, Recorded in Condominium Plat Book 102, Page 92, of the Public Records of Pinellas County, Florida; Thence S 89032'55" W, along said south line, 8,99 feet to the POINT OF BEGINNING. PARCEL 111 A parcel of unplatted land together with a portion of Block 6, Plan of Clearwater Harbor, Florida comprising A,C, Turners Subdivision recorded in Deed Book K, Page 475, Public Records of Hillsborough County, Florida of which Pinellas County was formerly a part and a portion of lots 1 t 2 and 4, of H,E. Tookes Subdivision as recorded in Plat Book 3, Page 37 of the Public Records of Pinellas County, Florida, lying in Section 16, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: COMMENCE at the intersection of the south right of way line of Court Street per Official Records Book 4867, Page 1480 of the Public Records of Pinellas County (also known as Haven Street 60' platted R1W), and the west right of way line of Osceola Street (also known as Oak Street) as established by Official Records Book 1963, Page 681, recorded in the Public Records of Pinellas County, said point lying S 00008'46" W, 30,00 feet from survey center line station 70+96.50 of Court Street per State Project Number 15220-2599, Thence S 00008'46" W, along said west right of way line, 448,61 feet to the POINT OF BEGINNING said point lying N 00008'46" E, 26,05 feet from survey center line station 37+22.42 of Pierce Boulevard per State Project Number 15220-2599; Thence N 00008'46" E, along the west right of way line of said Osceola Street, 52,42 feet to a point on a curve concave northeasterly; Thence along the arc of said curve to the right, having a radius of 386.00 feet, a central angle of 23004'28", the chord for which bears N 45025'57" W, a chord distance of 154,40 feet, an arc distance of 155.45 feet to the end of said curve; Thence N 33053'42" W, 88,94 feet to a point on the easterly right of way line of Pierce Boulevard as recorded in Official Records Book 4273, Page 523; Thence S 06000'59" E along said easterly right of way line, 57,54 feet to a point on a curve concave northeasterly; Thence along the arc of said curve to the left, having a radius of 205,25 feet, a central angle of 69041'12", the chord for which bears S 40051'35" E, a chord distance of 234,53 feet, an arc distance of 249.64 feet to the end of said curve and the POINT OF BEGINNING. PARCEL 115 Policy #: OP-9-1708-70 2 ((6Iv) ((-N3 ('l6ILZ/t) (wnfufwopuO:)) v VffiOd .LNllW3SlIQGN3 V.L'1V File #: 01120022 Note: This Policy consists of insert pages labeled Schedule A and B. This policy is of no force and effect unless all pages are included along with any added pages incorporated by reference. '. '. . I OWN E R I S POL ICY A portion of lot 14, The Markley Addition to Clearwater Florida, recorded in Plat Book 1, Page 97, of the Public Records of Hillsborough County, Florida of which Pinellas County was formerly a part thereof, lying in Section 16, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: COMMENCE at the intersection of the west right of way line of Ft. Harrison Avenue with the north right of way line of Pierce Boulevard (also known as Chestnut Street) said point lying N 00006'27" E, 24,89 feet from survey center line station 31+71.98 of Pierce Boulevard (also known as Chestnut Street) per State Project Number 15220-2599; Thence N 89008'44" W, along the north right of way line of Pierce Boulevard, 374.73 feet to the POINT OF BEGINNING being a point on a curve concave northerly; Thence along the arc of said curve to the right, having a radius of 386.00 feet, a central angle 16011'25", the chord for which bears N 76039'44" W, a chord distance of 108.71 feet, an arc distance of 109.07 feet to the end of said curve; Thence N 42054'43" W, 16,52 feet; Thence N 00000'12" W, 5,00 feet; Thence S 89059'48" W,8,15 feet to the west line of said lot 14 (also being the east right of way line of Osceola Street); Thence S 00008'46" W, along the east right of way line of Osceola Street, 40.31 feet to the southwest corner of said lot 14, said corner lying N 00008'46" E, 25.24 feet from survey center line station 36+72.31 of Pierce Boulevard per State Project Number 15220-2599; Thence S 89008'44" E, along the north right of way line of said Pierce Boulevard 125.30 feet to the POINT OF BEGINNING. PARCEL 119 A portion of lot 1 and lot 8, Matlock Place, Recorded in Plat Book 6, Page 37 and re-recorded in Plat Book 6, Page 83, Public Records of Pinellas County, Florida, lying in Section 16, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: COMMENCE at the Southeast corner of lot 20, The Markley Addition to Clearwater Florida, recorded in Plat Book 1, Page 97 of the Public Records of Hillsborough County, Florida of which Pinellas County was formerly a part thereof; thence along the west right of way line of Palm Street (30' Platted RIW), N 00002'05" W, 246,71 feet to the northeast corner of lot 8, Matlock Place, recorded in Plat Book 6, Page 37 and re-recorded in Plat Book 6,Page 83, Public Records of Pinellas County, Florida, said corner lying S 00002t05" E, 24.93 feet from survey center line station 34+39,21 of Pierce Boulevard per State Project Number 15220-2599 and the POINT OF BEGINNING; Thence S 00002'05" E, along the west right of way line of Palm Avenue 5.08 feet; Thence departing said west right of way line N 89011'08" W, 78.44 feet to a point on a curve concave northerly; Thence along the arc of said curve to the right, having a radius of 482,35 feet, a central angle of 08056'48", the chord for which bears N 85014'05" W, a chord distance of 75,24 feet, an arc distance of 75,32 feet to the south right of way line of Pierce Boulevard (also known as Chestnut Street); Thence S 89008'44" E, along said south right of way line, 153.43 feet to the POINT OF BEGINNING. Policy #: OP-9-1708-70 3 File #: 01120022 Note: This Policy consists of insert pages labeled Schedule A and B. This policy is of no force and effect unless all pages are included along with any added pages incorporated by reference. "" '. . , . I OWNER'S POLICY Schedule 8 This policy does not insure against loss or damage by reason of the following exceptions: 1. Rights or claims of parties in possession not shown by the Public Records, 2. Encroachments, overlaps, boundary lines disputes, and other matters which would be disclosed by an accurate survey and inspection of the premises, 3. Easements or claims of easements not shown by the Public Records. 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, survivorship, or homestead rights, if any, of any spouse of the insured, 6, Any adverse ownership clain by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled, and artificially exposed lands and lands accreted to such lands. 7. Taxes and assessments for the year 2002, and thereafter and/or special assessments, if any, not recorded in the public records. **The following items, as listed above, are hereby deleted: 1 and 4 ** 11. Subject to Sewer Easement recorded in Deed Book 1531, Page 498, Public Records of Pinellas County, Florida, AS TO PARCEL NO,110. 12. Subject to Easement for Ingress and Egress recorded in Deed Book 1236, Page 32, Public Records of Pinellas County, Florida, AS TO PARCEL NO. 110 13, Subject to Utility Easement recorded in O.R, Book 7107, Pages 38 through 42, inclusive, Public Records of Pinellas County, Florida. AS TO PARCEL NO. 110 14, Subject to EXCHANGE AGREEMENT recorded 11/28/2001 in O,R, Book 11697, Pages 2619 through 2645, inclusive, Public Records of Pinellas County, Florida. AS TO ALL PARCELS. Policy #: OP-9-1708-70 4 File #: 01120022 Note: This Policy consists of insert pages labeled Schedule A and B. This policy is of no force and effect unless all pages are included along with any added pages incorporated by reference. ., . .. iJ ( CONDITIONS AND STIPULATIONS - CONTINUED In addition, the insured claimant may reasonably be required to subm~ to 9. LIMITATION OF LIABILITY examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall gran! its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All infonnation designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Payor Tender Payment of the Amount of Insurance. To payor tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claiman~ which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Payor Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to payor otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to payor otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authoriz!'d by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured cla:mant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least ot. (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) (This paragraph dealing with Coinsurance was removed from Florida policies.) (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT If the land described in Schedule [AI consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, aU as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. lb) In the event of any litigation, including litigation by the Company or with the Company's consen~ the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. lc) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION 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. 11. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which- is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this 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 the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy. but the Company, in that even~ shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's righ! of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of sUbrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION (This paragraph was modified for Florida policies.) Unless prohibited by applicable law. arbitration pursuant to the Tille Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both Company and the insured. Arbitrable matters may include, but are not Iimit9d to, any controversy or claim between Company and the insured arising out of or relating to this policy, and service of Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date CONDITIONS AND STIPULATIONS - CONTINUED of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request 15. LIABILITY LIMITED 10 THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, ~ any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted \0 this policy. (c) No amendment of or endorsement \0 this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect 17. NOTICES, WHERE SENT All notices required \0 be given the Company and any statement in writing required \0 be fumished the Company shall include the number of this policy and shall be addressed to the Company at 493 East Semoran Boulevard, Casselberry, Florida 32707. Telephone: (407) 260-8050. l-3 - ~ ~ ~ ~~ ()~ ~ (D ~ i :3. 1>><0 - ~ ~ ~c.> r Z (1)m % m z i Q~i aW 0 m Otfj :3.c,t ~ (1) 3 Z 0 :IJ ~e= i''''l:lQ, -<3 CD en en Q - 0 0 C "T1 I~~ 'TI.... = "tJ (":) rl>> (;. :IJ 0 tzj ~~ .~(D c.>::;' CD :l> (":) <?t I\) OJ Z r e~i .......- 0 0< 0 0 ~ .......p- -< l\:l. m ~ is ~ o .' ,. ~ (Prinle~.()I1 i'..pr 03, 2e02 @ 16:35) A. - ~ "";', US Department of Housing and Urban Development SETTLEMENT STATEMENT OMB No. 2502-0265 8. Tvne nf T .m.n 1. [] FHA 2. [ ] FmHA 3. [] Cony. Unins. I 6. File Number: I I 4. r 1 VA 5. r 1 Cony. Ins. 01120022 7. Loan Number: 8. Mortl!al!e Ins. Case #: c. NOTE: This fonn. is fumis~ed to give you a statement of actual settlement costl. Amounts paid to and by the settlement agent are shown, Items marked 'POC' were paid outside the closing: they are shown here for infonnation D. NAME AND ADDRESS OF BORROWER: CITY OF CLEARWATER, FLORIDA P. O. Box 4748, CLEARWATER, FL 33758-4748 E. NAME AND ADDRESS OF SELLER: PINELLAS COUNTY 201 ROGERS STREET CLEARWATER, FL 33756 F. NAME AND ADDRESS OF LENDER: G. PROPERTY LOCATION: CLEARWATER, FL H. SETTLEMENT AGENT: PLACE OF SETTLEMENT: SOMERS TITLE COMPANY 727-441-1088 Contact: 819 COURT STREET CLEARWATER, FL 33756 I. SETTLEMENT DATE: DISBURSEMENT DATE: 04111/2002 04111/2002 J. SUMMARY OF BORROWER S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: K. SUMMARY OF SELLER S TRANSACTION 400. GROSS AMOUNT DUE TO SELLER : 10 I. Contract sales price 364 332.00 40 I. Contract sales price 364.332.00 102. PeTsonal Prooerty 402. Personal Property 103. Settlement charges to borrower (line 1400) 3.093.50 403. 104. 404. 105. 405. Adiustments for items paid by Seller in advance Adiustments for items naid by Seller in advance 106. City/town taxes 406. City/town taxes 107. County taxes 407. County taxes 108. Assessments 408. Assessments 109. 409. 110. 410. 11 I. 411. 112. 412. 120. Gross Amount Due From Borrower 367 425.50 420. Gross Amount Due Seller 364 332.00 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER : 201. Deposit or earnest money 501. Excess deposit (see instructions) 202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) 203. Existinl! loan(s) taken subject to 503. Existing (oan(s) taken subject to 204. 504. Payoff of first mortgage loan 205. 505. Payoff of second mortl!age loan 206. 506. 207. 507. 208. EQUITABLE CONSIDERATION 293,580.00 508. EQUITABLE CONSIDERATION 293,580.00 209. 509. Adjustments for items unpaid by Seller in advance Adjustments for items unpaid by Seller in advance 210. City/town taxes 510. City/town taxes 211. County taxes 511. County taxes 212. Assessments 512. Assessments 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. Total Paid BvlFor Borrower 293.580.00 520. Total Reduction Amount Due Seller 293,580.00 367,425.50 293,580.00 73 845.50 364,332.00 293,580.00 70 752.00 SUBSTITUTION FORM 1099 SELLER STATEMENT: The information contained in Blocks E,G,H and I on line 401(or if 401 is asterisked, line 403 and 404) is important tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction will be imposed on you if this item is required to be reported and the IRS determines that it has not been reported. SELLER, you are required by law to provide the settlement agent with your correct taxpayer identification number. If you do not provide the sell/ement agent with your correct taxpayer identification number, you may be subject to civil or criminal penalties imposed by law. Under penalties of perjury, I certify that the number shown on this statement is my correct taxpayer identification number. tPrintcd 011 Apr 03, 2002 ~ 16:35) L. "'.,.~ ~ .. US Ocpm1ment of Housing and Urban Development SETTLEMENT CHARGES OMIl No. 2502.0265 700. Total-'"S'aleslBroker's Commission based on price Paid from Borrower's Funds at Settlement Paid from Seller's Funds at Settlement 70 I. Listin Realtor Commission 702. Selling Realtor Commission 703. Commission aid at Settlement 704. 800 ITEMS PAYABLE IN CONNECTION WITH LOAN 801. Loan Origination Fee 802. Loan Discount 803. Aooraisal Fee 804. Credit Report 805. Lender's Insoection Fee 806. Mortgage Insurance Aoolication Fee 807. 808. 809. 810. 900. ITEMS REOUlRED BY LENDER TO BE PAID IN ADVANCE 90 I. Interest from 902. Mortgage Insurance Premium for 903. Hazard Insurance Premium for 904. 905. 1000. RESERVES DEPOSITED WITH LENDER I 00 I. Hazard insurance 1002. Mortgage insurance 1003. City property taxes 1004. County property taxes 1005. Annual assessments 1006. 1007. 1008. Al!l!rel!ateAccountinl! Adjustment 1100 TITLE CHARGES 110 I. Settlement or closing fee To: STC 100.00 1102. Abstract or title search To: STC 1,000.00 1103. Title examination To: SOMERS TITLE COMPANY 50.00 1104. Title insurance binder 1105. Document preparation 1106. Attomev's Fees 1107. FL Risk Rate (Includes above item numbers: ) 1108. Title Insurance To: SOMERS TITLE COMPANY 1,897.00 (Includes above item numbers: ) 1109. Lender's coverage@ 1110. Owner's coverage364,332.00 @ 1,897.00 1111. J112. 1113. ]200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recordinl! fees: Deed $46.50 Mortl!age $0.00 Releases $0.00 To: Clerk of the Court 46.50 1202. City/county tax/stamps: 1203. State tax/stamps:EXEMPT 1204. 1205. 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey 1302. Pest inspection 1303. 1304. 1305. Date based on taxes for the year. Any re-proratlon will be handled between the buyer and seller. All utility bills (water, sewer, electric, cable and maintenance ~ es) have be aid or will be paid upon receipt of final bills. WARNING: is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine or imprisonment. For details see: itle 18 U.S. Code Section 1001 and Section 1010. ]400. Total Settlement Char es enter on lines 103 Section J and 502 Section K I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by m . his transaction. I fu r certify I have received a copy of HUD-1 Settlement Statement. BORRO ), SE~ c:.h ~ > PINELLAS COU ent Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this 4/11/02