HAVENTREE HOMES INCORPORATED (2)
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FORM 1104
WARRANTY DEED-(Statutory Form.)
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86082319
TUTBLANX REGISTERED U. S. PAT. OFFICE
TUTTLE LAW PRINT, PUBLISHERS. RUTLAND. VT 0570 1
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O~R.6209 PAGE 488
Wherever wed herein, the term "party" shall include the heirs, personal representatives, successors
andlor a&rigm of the respective paTffes hereto; the use of the singular number shall include the plural,
and the plural the singular; the use of any gender shall include all genders; and, if used, the term
"note" shall include all the nota herein described if more than one.
Made this 17th
Jattwun
day of APRIL A, D, 19 86
HAVENTREE HOMES, INC., a Florida corporation,
of the County of PINELLAS in the State of FLORIDA
party of the first part, and CITY OF CLEARWATER, FLORIDA, a municipal
corporation; whose address is P.O. Box 4748,
Clearwater, Florida 33518-4748
of the County of PINELLAS in the State of FLORIDA
party of the second part,
JIIIitntSSttlt. that the said party of the first part, for and in consideration of the sum of
O.V.C. AND TEN -------------~--------~------------ Dolw~,
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:
A parcel of land lying in the Northwest Quarter (NW 1/4) of the
Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of
Section 9, Township 29 South, Range 16 East, desc~ibed as
follows:
Begin at the Southwest corner of Lot 1, in Block "N" of Kapok
Terrace - 1st Addition as recorded in PlatBook 49, page 48, of
the public records of Pinellas County, Florida, for a P.O.B.; and
from the P.O.B. run N 0 deg. II' 59" E a distance of 138.0 feet;
run thence N 89 deg. 24' 14" West a distance of 442.44 feet more
or less to the west boundary of said Section 9; run thence South
along the west boundRry of said Section 9 a distance of 138.0
feet and run thence easterly in a straight line to the
established P.O.B. LESS AND EXCEPT THE ROAD RIGHT-OF-WAY.
Subject to easements and restrictions of record.
And the said party of the fi~t part does hereby fully warrant the title to said wnd, and will defend the same
against the lawful claims of all persons whomsoever,
1Jn JIIIttnrss JIIIltttrof.. the said party of the first part has hereunto set his hana a'['-dseal the day
and year first above written,'
in (@ur 'rrsmct:
Documenta~ la>. PeL
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<!Lountyof PINELLAS
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ReturpTQ: "" __n_14 lq7~4nQ 72
WiTSO'n and Griffin P,A.40
401 South Lincoln Avenue 41
Clearwater, Florida 33516 TOTAL
L.S,
1, 18A 86
5,00
235,QO
240,90 C I<
~att of 1J11oriba
, .J ){trtby <!Lrrtifu That on this day personally appeared before me, an officer duly authorized to
administer oaths and take acknowledgments, KEVIN C. JEFFERY, as President of
HAVENTREE HOMES, INC.
to me well known and known to me to be the individual described in and who. executed the foregoing
deed, and he acknowledged before me that he ..,~,>t!J.eJ?Y;tftJ,~!te same freely and
voluntarily for the purposes therein expressed. on beha 1 f Qf ,.fift1."d'" 'c'or-P'$i113. tion .
JIIIitntss my hand and official seal at Clearwater."",_- _ '" County
of pinellas ,andStateofFlorida,:thiS' "11th day of
April , A, D, 19 86 .
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(if!. '~n t~y CommimonExpir"'. .
If () 5/.;;;j t b Notar~ ~ubhc. ~tate of FlorIda
0.. . .,." -tU'l (, My COmllllSSotln EXPllCS feb. 218, 1990
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I~04-5 ~O'-I(J
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crrlt OF CLEARWATER
I nterdepartment Correspondence Sheet
FROM:
Cynthia E. Goudeau, City Clerk
M. A. Galbraith, City Attorney~
Dan Deignan, Finance Director
TO:
COPIES:
SUBJECT:
Purchase of Park Property
DATE:
April 22, 1986
The subject purchase from Haventree Homes, Inc. was completed
on April 18, 1986. The Clerk has already recorded the Warranty
Deed. Attached hereto for your records are the following:
Closing Statement
Title Commitment from Attorneys' Title Insurance
Fund #C-815902
Seller's Affidavit
MAG:br
Atts.
Finance Director w/attachment of Closing Statement only
RECEIVED
APR 28 1986
CIT~ CLERK
)
I
CLOSING STATEMENT
Clearwater, Florida
April 18, 1986
SELLER:
PURCHASER:
PROPERTY
DESCRIPTION:
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J~dV
Haventree
Havefl- 'ri:"e&- Homes, Inc.
City of Clearater, Florida
Parcel in NW 1/4 of SW 1/4 of SW 1/4
of Section 9-29-16
Credits to Seller:
Sales price
Refund of annexation fee
$47,000.00
450.00
$47,450.00
Credits to Purchaser:
Check to Close
$47,450.00
$47,450.00
$47,450.00
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At
FOR BUYER
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~Same cove ge as American Land Title Association Commitment - 966 Rev,}
COMMITMENT
APR 2 19a6
Attorneys/TItle Insurance Fund
ORLANDO, FLORIDA
COMMITMENT TO INSURE OR GUARANTEE TITLE
ATTORNEYS' TITLE INSURANCE FUND, a business trust, herein called The Fund, for a valuable
consideration, hereby commits to issue its policy or policies of title insurance or guarantee of title, as
identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of
the estate or interest covered hereby in the land described or referred to in Schedule A; subject to the
provisions of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the
policy or policies or guarantee committed for have been inserted in Schedule A hereof by The Fund, either
at the time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance or guarantee of
title and all liability and obligations hereunder shall cease and terminate six months after the effective date
hereof or when the policy or policies or guarantee committed for shall issue, whichever first occurs, provided
that the failure to issue such policy or policies or guarantee is not the fault of The Fund.
In Witness Whereof, ATTORNEYS' TITLE INSURANCE FUND has caused this Commitment to be signed and
sealed in its name by its President and Executive Secretary, by direction of its Board of Trustees, to become
binding when countersigned by a member of The Fund.
Attorneys' Tide Insurance Fund
~~
Charles J. Kovaleski
President and Bxecutit1e SecretiJry
SERIAL
c- 815902
FUND FORM C (9/85 DSI60M)
I
FUND COMMITMENT FORM
I
SCHEDULE A
Commitment No, :C-815902 Effective Date: 3-23-86
Member's File Reference: 20, 916-W
I, Policy or Policies or Guarantee to be issued:
Proposed Amount of Insurance
OWNER'S:
$47,000.00
Proposed Insured:
CITY OF CLEARWATER, FLORIDA; a municipal corporation,
MORTGAGEE:
$
Proposed Insured:
2, The estate or interest in the land described or referred to in this commitment is a fee simple (if other, specify same) and
title thereto is at the effective date hereof vested in:
JACK E. HARDY
3. The land referred to in this commitment is described as follows:
see attached legal description
ISSUED BY
(Attorney or Firm of Attorneysl
z1i
979 .-./.. ,. ~~/~L
MEMBER ~.- . ~NEY_MEMBER'S SIGNATURE
ROBERT W. WILSON, ESQ.
401 S. Lincoln Ave.
(Mailing Address)
Clearwater
(City)
Florida
33516
(Zipl
FUND Form C-SCH. A (12/84 DSI 75M)
.A PARCRL OF LAND lN PINELLAS COUNTY, FLORIDA'IDESCRIBED AS FOLLOWS:
A parcel of land lying in the Northwest Quarter (NW 1/4) of the
Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of
Section 9, Township 29 South, Range 16 East, described as
follows:
Begin at the Southwest corner of Lot 1, in Block "N" of Kapok
Terrace - 1st Addition as r€corded in PlatBook 49, page 48, of
the public records of Pinellas County, Florida, for a P.O.B.; and
from the P.O.B. run N 0 deg. 11' 59" E a distance of 138.0 feet;
run thence N 89 deg. 24' 14" West a distance of 442.44 feet more
or less to the west boundary of said Section 9; run thence South
along the west boundary of said Section 9 a distance of 138.0
feet and run thence easterly in a straight line to the
established P.O.B. LESS AND EXCEPT THE ROAD RIGHT-OF-WAY.
I
FUND COMMITMENT FORM
I
SCHEDULE B
Commitment No,: C-815902
I. The following are the requirements to be complied with:
1, Payment of the full consideration to, or for the account of, the grantors or mortgagors.
2, Instruments creating the estate or interest to be insured which must be executed, delivered and filed for record:
Warranty Deed from Jack E. Hardy to Haventree Homes, Inc.
Satisfactions of assessments.
Payment of 1983 and 1984 taxes
Warranty Deed from Haventree Homes, Inc. to City of Clearwater, Florida.
II. Schedule B of the policy or policies or guarantee to be issued will contain exceptions to the following matters unless the
same are disposed of to the satisfaction of The Fund:
1.
Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of
record the estate or interest or mortgage thereon covered by this commitment.
..,
Any owner policy or owner guarantee issued pursuant hereto will contain under Schedule B the standard except ions
set forth at the inside cover hereof. Any mortgagee policy will contain under Schedule B the standard exceptions
unless an affidavit of possession and a satisfactory current survey are submitted, an inspection of the premises is
made, .it is determined the current year's taxes or special assessments have been paid, and it is determined there is
nothing of record which would give rise to mechanics' liens which could take priority over the mortgage (where the
liens would otherwise take priority, submission of waivers is necessary).
3. Subject to 1983 taxes and thereafter.
1983 and 1984 taxes are delinquent and also 1985 taxes.
1983 - $594.35 as of 4-1-86
1984 - $506.74 as of 4-1-86
1985 - $363.98 as of 4-1-86
4. Assessment for land clearing imposed on caption land recorded 8/7/75
Book 4316, page 1664, Pine11as County records.
5. Assessment for land clearing imposed on caption land recorded 3/1/77
Book 4516, page 256, pinel1as County records.
6. Assessment for mowing in the amount of $137.00 as recorded 2/11/82
Book 5308, page 629, Pinellas county records.
7. Assessment for mowing in the amount of $310.00 as recorded 12/12/83
Book 5660, page 738, Pinellas County records.
8. Water, sewer and/or garbage removal service charges due and payable
county or municipal authority.
ln O.R.
in O.R.
ln O.R.
ln O.R.
to any
FUND Form C-SCH, B (12/84 DSI 75M)
I
STANDARD EXCEPTIONS
I
The owner policy or owner guarantee will be subject to tile mortgage, if any, noted under item two of
Section I of Schedule B hereof. All policies and guarantees will be subject to the following exceptions: (1)
taxes for the year of the effective date of this Commitment and taxes or special assessments which are not
shown as existing liens by the public records; (2) rights or claims of parties in possession not shown by the
public records; (3) encroachments, overlaps, boundary line disputes, and any other matters which would be
disclosed by an accurate survey and inspection of the premises; (4) easements, or claims of easements, not
shown by the public records; (5) 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,
CONDITIONS AND STIPULATIONS
1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security
instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim
or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other
than those shown in Schedule B hereof, and shall fail to disclose such knowledge to The Fund in writing,
The Fund shall be relieved from liability for any loss or damage resulting from any act of reliance hereon
to the extent The Food is prejudiced by failure to so disclose such knowledge. If the proposed Insured
shall disclose such knowledge to The FWld, or if The Fund otherwise acquires actual knowledge of any
such defect, lien, encumbrance, adverse claim or other matter, The Fund at its option may amend
Schedule B of this Commitment accordingly, but such amendment shall not relieve The Fund from
liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of The Food under this Commitment shall be only to the named proposed Insured and such
parties included under the definition of Insured in the form of policy or policies or guarantee committed
for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with
the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create
the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability
exceed the amount stated in Schedule A for the policy or policies or guarantee committed for and such
liability is subject to the insuring provisions, the Exclusions from Coverage and the Conditions and
Stipulations of the form of policy or policies or guarantee committed for in favor of the proposed
Insured which are hereby incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against The
Fund arising out of the status of the title to the estate or interest or the status of the mortgage thereon
covered by this Commitment must be based on and are subject to the provisions of this Commitment.
COMMITMENT
to
INSURE or GUARANTEE
TITLE
Attorneys'
litle Insurance Fund
ORLANDO, FLORIDA
"
OFFICES AT 32 W. GORE STREET
ORLANDO. FLORIDA
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SELLER'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared
d-l'fv0.; ~E
Kevin Jeffery, as President of ~~en Tree Homes, Inc.,
who, being first duly sworn, deposes and says:
1. That Haven Tree Homes, Inc.
is the owner of the following described property in Pinellas County,
Florida, to wit:
See attached legal description.
2. That said property is now in possession of the record owner,
and that there are no other persons in possession of the property.
3. That there has been no services or labor performed or materials
furnished on or for said property for which there are unpaid bills for
services, labor or materials against said property.
4. That there are no liens or encumbrances of any nature affecting
the title to the property.
5. That it is hereby warranted that no notice has been received
of any public hearing regarding assessments for improvements by any
government agency within the past ninety (90) days, and it is hereby
warranted that there are no unpaid assessments against the above
property for improvements thereto by any government, whether or not
said assessments appear of record.
6. That the rep~esentations em. braced h~rein are for the purpose
of inducing the Clty of Clearwater, Florlda '
to purchase the above-described property.
Ij.4V€,A/T~ rc
Haven Tree Homes, Inc.
I
~<?s/c.hN-
effery, presldent
1'6 ""...1.. day of ~A. ~Q.-
B
Sworn to and subscribed before me this
1986.
9-., Q-r-C(()
My Commission Expires:
. t".: /\, PARCRL OF 'LAND' PINELLAS COUNTY, FLORIDATDESCRIBED AS FOLLOWS:
A parcel of land lying in the Northwest Quarter (NW 1/4) of the
Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of
Section 9, Township 29 South, Range 16 East, described as
follows:
Begin at the Southwest corner of Lot 1, in Block "N" of Kapok
Terrace - 1st Addition as recorded in PlatBook 49, page 48, of
the public records of Pinellas County, Florida, for a P.O.B.; and
from the P.O.B. run N 0 deg. II' 59" E a distance of 138.0 feet;
run thence N 89 deg. 24' 14" West a distance of 442.44 feet more
or less to the west boundary of said Section 9; run thence South
along the west boundary of said Section 9 a distance of 138.0
feet and run thence easterly in a straight line to the
established P.O.B. LESS AND EXCEPT THE ROAD RIGHT-OF-WAY.