ANTHONY AND MARGARET BERNABEI
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7RANTY DEED (Sta~ueorm) 70099802
wl1ts 1Ju-~ruturr1
.' 3413 PAGE291
Wherever used herein. the term "party" shall include the heirs. personal representatives.
successors and I or assigns of the respective parties hereto; the use of the singular number
:~~/tit... om~' P":~y~:-;'~ ,~.~ ~ill Ore'~'~ D
19 7 (7
Made this
~ehueen
ANTHONY O. BERNABEI and MARGAtiET M. B8H.t-;ABEI, his wife
of the County of Pinellas in the State of Florida
party of the first part, and
. . CITY OF CLEARWATER a Florida Municipal
Corporat~on, rJ[a~l~ng Address: P. o. ~ox 4748 , Clearwater
of the County of Pinellas
party of the second part,
in the State of
Florida
33518
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ll11Jitnesset4 that the said party of the first part, for and in consideration of the sum
of Ten dollars and other valuable consideration, to him in hand paid by the said party of the
second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the
said party of the second part his heirs and assigns forever, the following described land, situate
lying and being in the County of Pinellas , State of Florida, to wit:
LOTS 179 - 180 - 181 - 182 - 183 - 184 - 185 - 186 -
187 and LOTS 272 - 273 - 274 - 275 - 276 ~ 277 - 278-
279 and 280 of DEL ORa GROVES; according to the Map
or Plat thereof as recorded in Plat Book 12, Page 2
of the public records of Pinellas County,Florida, together
with any and all riparian rights appertaining thereto.
This conveyance is made subject to restrictions, reservations and
easements of record; and also subject to taxes for the year 1970
and subsequent years.
DOCUMENTARY - c.,-., STAT"E-OF' FL'b R fOA j
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And the said party of the first part does hereby fully warrant the title to said land, and will defend
the same against the lawful claims of all persons whomsoever.
~n 1ll!litness 1llll4ereof, the said party of the first part has hereunto set his hand and
seal the day and year first above written.
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STATE OF . FLORIDA.---'
COUNTY OF PINELLAS
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~ ~erehl! <!redifl! That on this day personally appeared before me, an officer duly
authorized to administer oaths and take acknowledgments,
A~JTHONY O. dERNABEI and MARGAt8;T M. Bi1U~AB.I!:I, his wife
to me well known and known to me to be the individualS described in and who executed the
foregoing deed, and they acknowledged before methat they executed
the same freely and voluntarily for the purposes therein express~d.
1llllitness my hand and official seal a~,.iIClearw~ter /,,' j,ffi
County of Pine11as , and State of Flor~da this /,p-
day of rJ ~ · A ~'}9'1t> ~II, .) J /, / ,"
My Commission Expires {/[;. ) It. ~
NOTARY PUBLIC, STATE OF FLORIDA AT LARGE Notary Public --
MY COMMISSION EXPIRES FEB. 28, 1973
BONDED. IHRQUG", FREQ W. DIESTELHOKSi II
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BERNABBI
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CITY OF CLEARWATER
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ABSTRACT OF DESCRIPTION
J,JOTS 119 thru lEt? and LQT~__272
thru_ 280__ of DEL ORa GROV~S._____
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AFFIDA vir OF NO LIENS
STATE OF FLOnIDA
COUNTY OF PINELLAS
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Before me, the undersigned authority, personally appeared
ANTHONY O. BE.RNAB~I and MARC;.RET IVl. BEHNABEI, his wife
who, being first duly sworn, depose and say:
1. That they are
County, Florida:
the owner(s) of the following described property located in Pinellas
LOTS 179 - 180 - 181 - 182 - 1$3 - 184 -
185 - 186 - 187 and LOTS 272 - 273 - 274 -
275 - 276 - 277 - 27$ - 279 - 280 of DEL
OR.O GROVES; as recorded in Plat Book 12,
Page 2 of the Public Records of Pinellas
County, Florida.
2. That said property is now in possession of the record owner(s).
3. That there has been no labor performed or materials furnished on said property within the
past three months for which there are unpaid bills for labor or material against said property; and
that there are no claims whatsoever of any kind or description against said premises for which liens
could be filed according to the statutes in such cases made and provided.
4. That they hereby warrant that they have received no notice of any public hearing regarding
assessments for improvements by any Government within the past three months, and that there are
no unpaid assessments or liens against the above property for improvements thereto by any Government,
whether or not said assessments appear of record.
5. That there is no outstanding unrecorded contract of sale, deed, conveyance or mortgage affecting
the title to said property.
6. This representation is made under oath for the purpose of inducing
CITY OF CLEARWATER
to purchase the above described property.
Slt~ led. sworn & ile Im9 ~iS
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Notary Public
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My commission expires:
--------____________________________ (SEAL)
~o;Ag~~~~,~~,~T:Tf Of, fl~RID~ AT lARGE
BONDED THROUGH FR'io' w.~.~~ j~ 28, 1973
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PINELLAS COUNTY TITLE COMPANY
TITLE INSURANCE DEPARTMENT
P. O. BOX 659
641 COURT STREET
CLEARWATER. FLORIDA
October 16, 1970
SELLER: AN'l'HONY O. BERNABEI and III1ARGArtET f:1. BERNABEI, his wife
BUYER: CITY OF CLEARwATER
DESCRIPTION: LOTS 179 thru 187 and LOTS 272 thru 280, DEL ORO GROVES
TOTAL SALE PRICE
\
Recording fee, WarrQnty Deed
$21,500.00
4.00
LESS BUYEHS CREDITS:
Down Payment to Realtor
Sellers share of1970 taxes
$2,150.00
397.96*
2,547.96
18,956.04
$21,504.00
$21,504.00
DUE FROIII} BUYER A T CLOSING
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*Based on 1970 assessment using
1970 milage rate - $502.61 ~
c:ft~ Dtd ~ rPine[(~_ County
Title & Trust Company of Florida-No. T.112
American Land Title Association Owner's Policy -ttandard Form, A - 1962
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a Florida corporation, hereinafter called the Company, for a valuable consideration paid for this
policy of title insurance, the number and date of which are shown in Schedule A, does hereby in-
sure the parties named as Insured in Schedule A, the heirs, devisees, personal representatives of
such Insured, or, if a corporation, its successors by dissolution, merger or consolidation, against loss
or damage not exceeding the amount set forth in Schedule A, together with costs, attorneys' fees
and expenses which the Company may become obligated to pay as provided in the Conditions and
Stipulations hereof, which the Insured shall sustain by reason of:
any defect in or lien or encumbrance on the title to the estate or interest covered hereby, in
the land described or referred to in Schedule A, existing at the date hereof, not shown or
referred to in Schedule B or excluded from covera~e in Schedule B or in the Conditions
and Stipulations; or lack of a right of access to and from the,land;
all subject, however, to the Conditions and Stipulations hereto annexed, which Conditions and
Stipulations, together with Schedules A and B, are hereby made a part '~f this policy; all as of the
effective date of this policy,
IN WITNESS WHEREOF, Title & Trust Company of Florida has caused its corporate name and seal
to be hereunto affixed and this policy signed by two of its duly authorized officers in facsimile.
MUir & atrust Grompan!) of3filorilla
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(Not valid unless countersigned)
PINELLAS COUNTY TITLE COMPANY
(Facsimile)
Secretary
BY:
~I1Ai,A it)
Authorized Signature
~tei!j,_
ice resident
SCHEDULE A
NO. FE
173828 DATE October 19, 1970
AMOUNT $ 21 , 500 .00
INSURED
CITY OF CLEARWATER,
a Florida Municipal Corporation
1. The estate or interest in the land described or referred to in this schedule covered by this policy
is:.
FEE SIMPLE
2. Title to the estate or interest covered by this policy at the date hereof is vested in the Insured.
WARRANTY DEED from Anthony O. Bernabei and Margaret M. Bernabei, his
wife -to- City of Clearwater, a Florida Municipal Corporation' whose
mailing address is: P.O. Box 4748, Clearwater, Florida (33518~, dated
October 16, 1970 and filed for record October 19, 1970, as Instrument
#70099802, in the office of the Clerk of the Circuit Court in and for
Pinellas County, Florida.
(Note: $64.50 Documentary Stamps and $23.65 Sur Tax Stamps attached
and cancelled).
3. The land referred to in this Policy is situated in the County ot Pine1las
State of Florida, and is described as follows:,
LOTS 179 - 180 - 181 - 182 - 183 -
184 - 185 - 186 - 187 and LOTS 272 - 27) -
274 - 275 - 276 - 277 - 278 - 279 and 280
of DEL OHO GRUVES; according to the Map or
Plat thereof as recorded in Plat Book 12,
Page 2 of the Public Records of Pinel1as
County,_ Flor~c!9-. n______ ---
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RESTRICTIONS imposed ton DE~ OR9~GROVES (Pl.Book 12,page 2) by James
E.McDANIEL et al,date Jan.2,1957,filed Jan.31,1g&7,as Instrument No.
33806lA,recorded in O. .Book 20,page 499 in the ;!'fice of the Clerk of '--\,~
the Circuit Court in and for Pinellas CountY,Florida. (For use in con-
nection with the issuance of Title Insurance by PINELLAS COUNTY TITLE
COMPANY, AGENT for TITLE AND TRUST COMPANY OF FLORIDA,) which read as
follows:
1. All lots in the above described subdivision shall be used for
residential purposes only, and no structure shall be erected, altered
or permitted to remain on any residential lot other than one single
family dwelling.
2. All dwellings must have an enclosed two-car attached garage. No
carports are to be erected in this subdivision. Any servant's quarters)
unless included in the main building,shall be incorporated in the garagf
3. Each dwelling house from Alameda Avenue west to Monterey Avenue
shall contain not less than 1,200 square feet of ground floor area, ex-
clusive of open and screened breezeways, porches, terraces and attached
two-car garages; and each dwelling house from Alameda Avenue east to
Bay Shore Boulevard shall contain not less than 1,300 square feet of
ground floor area, exclusive of open and screened breezeways, porches,
terraces and attached two-car garages.
4. No trailer, tent, basement, shack, garage, barn or other out-buil(
ing shall at any time be used as a residence,temporarily or permanently.
nor shall any residence of a temporary character be permitted. No
structure of any kind shall be moved onto any part of the above de-
scribed property.
5. All buildings erected on these lots shall be of masonry or brick
construction and,if of concrete block construction, shall have a stucco
finish. All wood and masonry combination construction must be approved
by the developer. No prefab or pre-cut construction shall be placed on
the subdivision,and no tar paper,homosote,asbestos shingle, or other
wallboard shall be used as an exterior finish for any of the buildings.
No building shall have a completely flat roof. All roofs shall be of
cement tile or marble chip, All chimney and flue lintels shall be of
glazed tile or material of equal quality.
6. All buildings erected shall have an overhang or projecting eaves
of not less than 24 inches.
7. No building shall be erected nearer to the front lot line than
twenty-fi ve (25) feet nor nearer than twenty-fi ve (25) feet to any side
street line, and no building shall be located nearer than seven and one.
half (7~) feet from any side lot line.
8. The above property shall not be subdivided into building plots
having an area of less than ten thousand (10,000 ) square feet or a widtl
of less than eighty (80) feet or a frontage of less than eighty (80)
feet. This provision shall not prevent the owner of a plot from purch-
asing a portion of an adjoining plot to be incorporated into and made
a part of the plot previously owned.
9. A perpetual easement is reserved over the rear five (5) feet of
each lot for utility installation and maintenance.
10. No fence of any kind shall be erected until first approved in
writing by the subdivision owners and by all property owners of adjac-
ent and adjoining property, end then all fences shall conform to archit,
ectural design of dwellings and be in harmony with surrounding property
11. No animals, poultry or other live stock shall be kept or raised
on any of said lots, but this covenant shall not be deemed as prohibit-
ing the keeping of cats, dogs as household pets.
12. No noxious or offensive trade shall be carried on upon any lot
nor shall anything be done thereon which may become an annoyance or
nuisance to the neighborhood.
13. No building shall be erected on any lot within five years of the
filing of these restrictions until the design and location have been
approved in writing by the owner-developers, or their designated agent,
011' a designated committee appointed by theowner-developers.
'14. No wells shall be dug on any lot without first having theapnrova
of the Florida State Board of Health and the developers. '
15. These covenants and restrictions are to run with the land and
shall be binding on all the parties and all persons claiming under therr
until January 1, 1999, at which time said covenants and restrictions
shall terminate.
16. If the parties hereto, or any of them or their heirs or assigns
shall violate or attempt to violate any of thecovenants or restrictions
herein, it shall be lawful for any other person or persons owning any
other lots in said development or subdivision to prosecute any proceed-
ings at law or in equity against the person, persons, or corporation
Violating or attempting to violate any such covenant or restriction for
the enforcement of these covenants.
17. Each of the covenants herein is independent of all other and in-
validation of anyone of these covenants and restrictions shall in no
wise affect any of the others.
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SCHEDULE B
This policy does not insure against loss or damage by reason of the following:
1. Any state of facts that may be disclosed by an accurate survey
or personal inspection of the premises.
2. Rights or claims of parties in possession of the premises not
shown by the public records.
3. Any unrecorded lien, or right to a lien, imposed by law, for
labor, material or services furnished to the property.
4. Taxes for the year 1970; and any taxes or assessments levied or
assessed subsequent to the date of this policy.
5. Any Lien for municipal improvements or service to caption land
which has not been filed for record in the office of the Clerk
of the Circuit Court of Pinellas County, Florida. (City of Clearwater)
6. RESTRICTIONS imposed upon DEL ORa GROVES in Instrument #33S061A,
filed January 31, 1957, in the office of the Clerk of the Circuit
Court in and for Pinellas County, Florida. (SEE ATTACHED RIDER FOR
DETAILS) .
edd 11/9/70
CONDITIONS AND STIPULATIONS
1. Deftnition of Terms
The following terms when used In this policy mean:
(a) "land": the land described, spec1fically or by reference, In Schedule A and
Improvements affIxed thereto whIch by law constitute real property;
(b) "publlc records": those records whIch impart constructive notice of matters
relating to said land;
(c) "knowledge": actual knowledge, not constructive knowledge or notice which
may be imputed to the Insured by reason nf any public records; and
(d) "date": the effective date.
2. ExclusIons from the Coverage of this Policy
This policy does not insure against loss or damage by reason of the following:
(a) The refusal of any person to purchase, lease or lend money on the estate or
interest covered hereby in the land described in Schedule A.
(b) Any law, ordinance or governmental regulation (including: but not limited to
~~~1~~n~nj~:r:eon~i~1 t~ed\~~~e~~ ;::~~Sg: t~~ ~h~~~cV~r~ gfm~~~r~~~:i~~ I~~eati~~u~f~i{v
~hfrr~~e~~~du~1~~~nht~~a~\~e~s~~~~ oOrn aSr~i~ ~~na~/rofrg~i:~~~~r 6f sfinaJ.ation in owner-
(c) Governmental rights of police power or eminent domain unless notice of the
exercise of such rights appears in the public records at the date hereof.
(d) Title to any property beyond the lines of the land expressly described or
referred to in Schedule A, or title to areas within or rights or easements in any abutting
streets, roads, avenues, lanes, ways or waterways (except to the extent the right of access
to and from said land is covered by the insuring provisIons of this policy), or the right
to maintain therein vaults, tunnels. ramps or any other structure or improvement. un.
less this policy specifically provides that such titles, rights or easements are insured.
Ie) Defects, liens. encumbrances, ad,-erse claims against th(' title as in~l,l'e(l (,:
other matters (1'1 created, suffered, assumed or agreed to by the Insured: OJ' 12, known
to the Insured either at the date of this policy or at the date such Insured 3cqu::'cd 3n
e~tate or interest insured by this polic:-- and not shown by the public records. t;nless
dtsclosure thereo,f in ~Titing by the In~ure~ shall ha'"e been made to the COmp3ny prior
to the date of thiS poltcy; or (3) resulting 1n no loss to the Insured; or (4) attaching or
created subsequent to the date hereof.
(f) Loss or damage which would not have been sustained if the Insured were a
purchaser for_ value without knowledge.
3. Defense and Prosecutton of Actions - Notice of Claim to be Given by the Insured
(a) The Company, at its own cost and without undue delay, shall provide for the
~~~l~~f f~e t~~s~~~~re~hii~h antl~~fi~~o~ f~~~i~~~gu;Jn a~t~~f~C(t IY~~C~~d~~~~~~~~~~Cj~
sured against by this policy, and may pursue such litigatlon to final determination in the
court of last resort.
(b) In case any such action or proceeding shall be begun, or defense interposed.
or in case knowledge shall c011?e to the Insured of any claim of title or interest which is
adverse to the title as insured, or which might cause loss or damage for which the
Company shall or may be liable by virtue of this policy, the Insured shall notify the
Company thereof in writing. If such notice shall not be given to the Companv within ten
days o~ the receipt of process or pleadings or if the Insured shall not, in writing, prompt-
ly notify the Company of any defect, lien or encumbrance insured against which shall
com,e to the knowledge of the Insured, then all liability of the Company in regarrt to the
subject matter of such action, proceeding or matter shall cease and tel"minate: p]'()\'ided.
however, that failure to notify shall in no case prejudice the claim of a 0\. Insured unless
the company shall be actually prejudiced by such failure and then onl'" 'to the l~-.;:tent of
such prejudice. . .
(c) The Company shall have the right at its own cost to institute and pn\secute
any. actlon or proc~edlng o~' do any other act which in its opinion may be neceSS3:-y or
des.lrable to establIsh the title as insured; and the Company may take any appropriate
actIOn under the terms of this policy ,....hether or not it shall be liable thereunder and
shall not thereby concede liability or waive any provision of this policy.
(d) In all cases where this poliCY permits .or, r~quires the Company to prosecute
or provide for, the defense of any action or proceeding, the Insured shall secure to it the
right to so prosecute or provide defense in such actlon or proceeding, and all appeals
thereIn", and permit it to use, at Its option, the name of ,the Insured for such purpose.
Whenever requested by the Company the Insured shall give the Company all reasonable
aid In any such action or proceeding, in effecting settlement. securing evidence, obtain-
ing witnesses. or prosecuting or defending such action or proceeding, and the Company
shall reimburse the Insured for any expense so Incurred.
4. Notice of Loss ~ LimItation of Action
In additlon to the notices required under paragraph 3(b), a ~tatement in writing of
~~Yf~~~is~~dd~~~~:l:6~?:~A~h ~lth~~l:i~~dd~~~ ~f~~P~~lh iio~~a~~e d~r;g:~et~~~110~~~~~ ~he~l~
determ-ined and no right of -action shall accrue to the Insured under this polic\" until
~iJtby diK: t~;~~e~u~l~d~t;t~hrseniolt~;llu~l~~~ ~~ti~n f~h~Wh6~' c~~~~ric:~Cf~':I:~~)~h'~"\\h~~
~lt~o~~a~~ ~~~~::,p:;ra\lgncoo~~~~cethi~~h ~~illner~~~hl~al~~rll~e f~~~~f~b:(~:e s;;~~ft'i~d~
shall be a conclusive bar against maintenance -bY the Insured of anv action under this
poliCY. ' , -
5, optlon to Pay, Settle or Compromise ClaIms
The Company shall have the option to payor settle or compromise for or in the name
of the Insured any claim insured against or to pay the full amount of this poliCY and
such payment or tender of payment, together with all costs, attorneys' fees and ex-
penses which the Company is obltgated hereunder to paY, shall terminate all llabilit\- of
the Company hereunder. . -
6. Payment of Loss
(a) The llablllty of the Company under this policy shall In no case exceed, In
aU, the actual loss of the Insured and costs and attorneys' fees which the Company may
be oblIgated hereunder to pay,
(b) The Company wUl pay, in addition to any loss insured agaInst by this policy,
~~\~d~t~nicr~\ls~gs~P~~dt~tt~~~~~~~ l:"eiif~g~Nrg~t1~~~eadrr~~d bJ'n tg; fh~f~~u~e~rwirh N~~
written authorization of the Company.
(c) No claim for damages shall arise or be maintainable under this policy (1) if
the Company. after having receIved notice of an alleged defect. lien or encumbrance not
excepted or excluded herein removes such defect. lien or encumbrance within a reason-
able time after receipt of such notice; or (2) for liability voluntarily assumed by the
Insured In settling any claIm or suit without written consent of the Company.
(d) All payments under this pollcy, except payments made for costs, attorneys'
fees and expenses, shall reduce the amount ,of the insurance pro tanto and no payment
shall be made without producIng this polley for endorsement of such payment unless the
policy be lost or destroyed, in which case proof of such loss or destruction shall be fUJ:.
nished to the satisfaction of the Camp" ny,
(e) i,Vben iiabili' ~- has been definite1\" fixed j,: \, itl1 lLl: ~-'0ndltions of
this policy the loss or damage shall be payable within thcreaftl'l',
7. Liabllity Noncumulative
It Is' expressly understood that the amount of this pollcy is reduced by any amount
the Company may pay under any policy insuring the validity or priority of any mortgage
or deed of trust shown or referred to in Schedule B hereof or any mortgage or deed of
trust hereafter executed by the Insured which Is a charge or lien on the land described or
referred to in Schedule A. and the amount so paid shall be deemed a payment to the In-
sured under this policy.
Coinsuranc(' and Apportionment
lal In the e\'ent that a partial loss occurs after thl> Insured makes an impr.we-
ment suhsequent to the date of this policy, and on1:-- in that event, the Insured becomes
a coinsurer to the extent hereinafter set forth.
If the cost of the improvement exceeds twenty per centum of the amount of this
policy, such proportion only of any partial loss established shall be borne by the Com-
pany as one hundred twenty per centum of the amount of this poicy bears to the sum of
the amount of this pollcy and the amount expended for the improvement. The foregoing
provisions shall not a-pply to costs and attorneys'- fees incurred - by the -Company in-
prosecuting or providIng for the defense of actions or proceedings in behalf of the In-
sured pursuant to the terms of this policy 01' to costs imposed on the Insured in such
actions or proceedings, and shall apply only to that portion of losses which exceed in the
aggregate ten per cent of the face of the policy.
Provided, however, that the fore.going coinsurance provisions shall not apply to any
loss arising out of a lien or encumbrance for a liquidated amount which existed on the
date of this poliCY and was not shown in Schedule B; and provided further. such coin-
surance provisions shall not apply to any loss if, at the time of the occurrence of such
loss, the then value of the premises, as so improved, does not exceed one hundred twenty
per centum of the amount of thIs policy.
(b) If the land described or referred to in Schedule A is divisible into separate
and noncontiguous parcels, or if contiguous and such parcelS are not used as onc single
site. and a loss is established affecting one or more of said parcels but not all, the
loss shall bp computed and settled on a pro rata basis as if the face amount of this
policy was di,-jdecl pro rata as to the vaiue on the date of this policy of each separate
independent parcel to the whole. exclusive of any improvements made subsequent to the
date of this policy unless a liabilit~- or value has otherwise heen agre-cd upon as to each
such parcel b:-- the Company and the Insured at the time of the issuance (If this policy
and shown b:y an express statement herein or by an endorsement attached hereto.
9. Subrogation upon Payment or Settlement
Whenever-'the Company shall ha\"e settled a cIai'm tinder this policy, all right of sub-
rogation shall vest in the Company unaffected by any act of the Insured. and it shall be
subrogated to and be entitled to all rights and- remedies which the Insured would have
had against any person or property in respect to such 'claim had this poliCY not been
issued. If the_ payment does not cover the loss of the Inl'ured, the Company shall be
subrogated to such rights and remedies. tn the, proportlon which said payment bears to
the amount of said loss. If loss should result from any act of the Insured, such act shall
not void this policy, but the Company, in that event, shall be requIred t.o 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 subrogatlon, The Insured,
if requested by the Company. shall*transfer' to ,the_ Company all rights_and remedies
against any person or property necessary In order to perfect such, right o[ subrogation,
and shall permit the Company to .use the name of the Insured in any transaction or
litigatlon.involving.such rights or remedIes.
10. Policy Entire Contract
Any action or actions or rights of action that the Insured may have or may bring
~~au~~t ~~~v~l~~agl thI~Si;01ig~.t of the status of the title insured herein must be based
No provIsion or condition:- of this policy can be waived or changed except by writing
endorsed hereon or attached hereto signed by the President, a Vice President, the
Secretary, an Asslstant Secretary or other validating officer of the Company.
11, :-';otice5, Where Sent
All notices required to be gi"en the Company and any statement in writing required
to be furnished the Company shall be addressed to it at 200 E, Forsyth St" Jacksonville.
Florida. -
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