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HAVENTREE HOMES INCORPORATED (2) ,n,ooo, " (>".o~! ~:3)', lJO FORM 1104 WARRANTY DEED-(Statutory Form.) ;; f 86082319 TUTBLANX REGISTERED U. S. PAT. OFFICE TUTTLE LAW PRINT, PUBLISHERS. RUTLAND. VT 0570 1 ..;) "fa, ()6 ~. 1 mhis lIniitnturtf 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 , '. . . . . ~ . . . . ~ . . . . . . .. . ~ , " : I ,_ ....,,,_, :" ,: '-1 >:" ~1 F. r,c :. . <!Lountyof PINELLAS } ,~iS'_,f":',~~f; ;;,;~JD;t51)"~ O?:fJ? Gl/J,-L-U-t..,,/(,.:: 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 . " (if!. '~n t~y CommimonExpir"'. . If () 5/.;;;j t b Notar~ ~ubhc. ~tate of FlorIda 0.. . .,." -tU'l (, My COmllllSSotln EXPllCS feb. 218, 1990 pK.' ,(( . . J ,...,. Bonded Thru !roy fain' In,uranee Ine, I~04-5 ~O'-I(J J 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: ~ 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 ~~,~:~~~L~, At FOR BUYER "Ai ~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 .' -...,... ~.. , f ~~. 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.