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III COMMONWEALTH LAND
TITLE INSURANCE COMPANY
OWNER'S POLICY OF TITLE INSURANCE
(a stock company)
Philadelphia, Pennsylvania
POLICY NUMBER
112-001905
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE
PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, COMMONWEALTH LAND TITLE INSURANCE
COMPANY, a Pennsylvania 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, and cost, attorneys' fees and expenses
which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title; or
3. Lack of a right of access to and from the land.
IN WITNESS WHEREOF, the Commonwealth Land Title Insurance Company has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or
agent of the Company.
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COMMONWEALTH LAND TITLE INSURANCE COMPANY
BY~~~
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President
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting
or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or
location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a
reduction in the dimensions or area of the land, or the effect Of any violation of any such law, ordinance or
governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in
the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured
claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant
either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not
disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured
hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date
Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for
the estate or interest insured by this policy.
4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land de-
scribed in Schedule A.
American Land Title Association Owner's Policy - Form A (Amended 10-17-70)
Form 1021 - 10
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Valid Only If Schedules A, B and Cover Are.~ ttached~....:"}
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CONDITIONS AND STIPULATIONS
1. DEFINITIDN OF TERMS
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject
to any rights or defenses the Company may have had against the
named insured, those who succeed to the interest of such insured
by operation of law as distinguished from purchase including, but
not limited to, heirs, distributees, devisees, survivors, personal repre-
sentatives, next of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage
hereunder.
(c) "knowledge": actual knowledge, not constructive knowledge
or notice which may be imputed to an insured by reason of any
public records.
(d) "land": the land described, specifically or by reference in
Schedule A, and improvements affixed thereto which by law constitute
real property; provided, however, the term "land" does not include
any property beyond the lines of the area specifically described or
referred to in Schedule A, nor any right, tiUe, interest, estate or ease-
ment in abutting streets, roads, avenues, alleys, lanes, ways or water-
ways, but nothing herein shall modify or limit the extent to which
a right of access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other
security instrument.
(f) "public records": those records which by law impart con-
structive notice of matters relating to said land.
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 so long as such insured retains an
estate or interest in the land, or holds an indebtedness secured by a
purchase money mortgage given by a purchaser from such insured,
or so long as such insured shall have liability by reason of covenants
of warranty made by such insured in any transfer or conveyance of
such estate or interest; provided, however, this policy shall not con-
tinue in force in favor of any purchaser from such insured of either
said estate or interest or the indebtedness secured by a purchase
money mortgage given to such insured.
3. DEFENSE AND PROSECUTION OF ACTIONS - NOTICE OF
CLAIM TO BE GIVEN BY AN INSURED CLAIMANT
(a) The Company, at its own cost and without undue delay,
shall provide for the defense of an insured in all litigation consist-
ing of actions or proceedings commenced against such insured to the
extent that such litigation is founded upon an alleged defect, lien,
encumbrance, or other matter insured against by this policy,
(b) The insured shall notify the Company promptly in writing
(i) in case any action or proceeding is begun as set forth in (a)
above, (ii) in case knowledge shall come to an insured hereunder of
any claim of title or interest which is adverse to the title 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. If such
prompt notice shall not be given to the Company, then as to such
insured all liability of the Company shall cease and terminate in
regard to the matter or matters for which such prompt notice is
required; provided, however, that failure to notify shall in no case
prejudice the rights of any such insured under this policy unless the
Company shall be prejudiced by such failure and then only to the
extent of such prejudice.
(c) The Company shall have the right at its own cost to institute
and without undue delay prosecute any action or proceeding or to do
any other act which in its opinion may be necessary or desirable to
establish the title to the estate or interest as insured, and the Company
may take any appropriate action under the terms of this policy,
whether or not it shall be liable thereunder, and shall not thereby
concede liability or waive any provision of this policy.
(d) Whenever the Company shall have brought any action or
interposed a defense as required or permitted by the provisions of this
policy, the Company may pursue any such litigation to final deter-
mination by a court of competent jurisdiction and expressly reserves
the right, in its sole discretion, to appeal from' any adverse judgment
or order.
(e) In all cases where this policy permits or requires the Com-
pany to prosecute or provide for the defense of any action or pro-
ceeding, the insured hereunder shall secure to the Company the right
to so prosecute or provide defense in such action or proceeding, and
all appeals therein, and permit the Company to use, at its option,
the name of such insured for such purpose. Whenever requested by
the Company, such insured shall give the Company all reasonable aid
in any such action or proceeding, in effecting settlement, securing
evidence, obtaining witnesses, or prosecuting or defending such action
or proceeding, and the Company shall reimburse such insured for any
expense so incurred.
4. NOTICE OF LOSS - LIMITATION OF ACTION
In addition to the notices required under paragraph 3 (b) of
these Conditions and Stipulations, a statement in writing of any loss
or damage for which it is claimed the Company is liable under this
policy shall be furnished to the Company within 90 days after such
loss or damage shall have been determined and no right of action
shall accrue to an insured claimant until 30 days after such statement
shall have been furnished. Failure to furnish such statement of loss
or damage shall terminate any liability of the Company under this
policy as to such loss or damage.
5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS
The Company shall have the option to payor otherwise settle
for or in the name of an insured claimant any claim insured against
or to terminate all liability and obligations of the Company hereunder
by paying or tendering payment of the amount of insurance under this
policy together with any costs, attorneys' fees and expenses incurred
up to the time of such payment or tender of payment, by the insured
claimant and authorized by the Company.
5. DETERMINATION AND PAYMENT OF LOSS
(a) The liability of the Company under this policy shall in no
case exceed the least of:
(i) the actual ioss of the insured claimant; or
(ii) the amount of insurance stated. in Schedule A.
(b) The Company will pay, in addition to any loss insured
against by this policy, all costs imposed upon an insured in litigation
carried on by the Company for such insured, and all costs, attorneys'
fees and expenses in litigation carried on by such insured with the
written authorization of the Company.
(c) When liability. has been definitely fixed in accordance with
the conditions of this policy, the loss or damage shall be payable
within 30 days thereafter.
Condition8 and Stipulatioll8 Continued In8ide Cover
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B 1021-5
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Issued with Policy No.
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Policy No. 112-001905
SCHEDULE A
Effective Date: May 28, 1980 , at 4: 31P ..:M .
Amount ofInsurance: $ 700,000.00
1. Name of Insured:
THE CITY OF CLEARWATER, a municipal corporation
2. The estate or interest in the land described herein and which is covered by this policy is a fee simple (if other, specify same)
and is at the effective date hereof vested in the named insured as shown by instrument recorded in Official Records Book
5028, Page 1054, O.Ro. Book 5028 ,Page 1056, & O.R. Book 5028,,~fthePublicRecords
of Pine11as County, Florida. *Page 1058
3. The land referred to in this policy is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND HEREBY MADE A PART HEREOF
JOHNSON, BLAKELY, POPE, BOKOR & RUPPEL, P.A.
counterSign~-*J , Q,~
Authorized Officer or Agent
American Land Title Association Owner's Policy - 1970 - Form A (Amended 10-17-70)
Form 1021-11 Schedule A
DRIGINAL
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SCHEDULE B
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Policy No.
112-001905
This policy does not insure against loss or damage by reason of the following exceptions:
L Taxes for the year of the effective date of this policy 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.
6. Roads, ways or streams, if any, not shown by the public records.
7. Right-of-way of County Highway Number 31, along the East 33 feet of
Parcel 1.
8. Rights of the public in any of the above described property taken, used
or deeded for street, road or highway purposes.
Schedule B of this Policy consists of
Pages
American Land Title Association Owner's Policy - 1970 - Form A (Amended 10-17-70)
Schedule 13
Form 1021-12
ORIGINAL
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_<.~.~.,p.arcel .3";:TheEaSt 1/2of.~;South 1/2 of the Southeast 1/4 ~of:the Southeast 1/4.
,';.." '1ess the South 30 feet. AND .. . .. .
..::..~:rhe:West 1/2 of 1:he South 1/2 of the Southeast 1/4' of the Southeast 1/4 1.ESS that part
..... ~~escrlbedj"u .Instrument No. 188343A, dated March 17, 1955. filed }!arch 18, 1955,
-recorded ..in 'Deed. .Book 1525, page 194 Public Records of Piue1.las County, asfo1.lows:
-"Commence -at.;a stake at the' Southwest corner of the Southeast Quarter (SE 1/4) of .
:; . <::;>the <Southeast.Quarter (SEl/4)c:of Section .8, '~own.ship29 $outh;.ihnge 16..Eas.t., ~for .
.~oint.c:ofbE::gi"T1ing.,run thence'. Eorth along said quarter quarter section 'Jine to a stake
'. ..at.~e Northwest corner ,ofS ~/2of Southeast Quarter (SE 1/4) -of Southeast Quarter.
. ....(SE1/4);. thence:East660'feet '"to a .stake; :thence Southpara.11.e~"':to saidq~r
. :;,}=",,:tluarter ..secti.oU line:to,a':stake:1.ying on.the South line of said-Southeast Qua.rter.:<
. ,.~ """':-(SE'~~14) ::.of.Southeast:Quarter _' (SE1/4) 'thence 'West 660feet'to-poiut of beginning; .
'..' '~':~:samebe.iJig'.a1so described.cas:.-, :.The~est 10 .acresof theSou,th Ea1.f ..(Sl/2) ",f .:the' South-
.:.~, ;.east..:Quarter:r-of :tbe Southeast~;Quarter (SE '1/4). of SectionS., '~own.ship.29South.,c',:, .'
..~,>~.~ge~6;East., ~yi.ug.and being.in P.inellas County, Florida." In SECTION S.TOWNSHIP
<~~~"''".29 ;South.,.~GE 16u.sT., -~llcRecords of ~inellas County, F~orida.
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CONDITIONS AND STIPULATIONS
(Continued)
7. LIMITATION OF LIABILITY
No claim shall arise or be maintainable under this policy (a) if
the Company, after having received notice of an alleged defect, lien
or encumbrance insured against hereunder, by litigation or other-
wise, removes such defect, lien or encumbrance or establishes the
title, as insured, within a reasonable time after receipt of such notice;
(b) in the event of litigation until there has been a final determination
by a court of competent jurisdiction, and disposition of all appeals
therefrom, adverse to the title, as insured, as provided in paragraph
3 hereof; or (c) for liability voluntarily assumed by an insured in
settling any claim or suit without prior written consent of the Com-
pany.
8. REDUCTION OF LIABILITY
All payments under this policy, except payments made for costs,
attorneys' fees and expenses, shall reduce the amount of the insurance
pro tanto. No payment shall be made without producing this policy
for endorsement of such payment unless the policy be lost or de-
stroyed, in which case proof of such loss or destruction shall be fur-
nished to the satisfaction of the Company.
9. 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 either (a) a mortgage shown or referred
to in Schedule B hereof which is a lien on the estate or interest
covered by this policy, or (b) a mortgage hereafter executed by an
insured which is a charge or lien on the estate or interest described
or referred to in Schedule A, and the amount so paid shall be deemed
a payment under this policy. The Company shall have the option
to apply to the payment of any such mortgages any amount that
otherwise would be payable hereunder to the insured owner of the
estate or interest covered by this policy and the amount so paid shall
be deemed a payment under this policy to said insured owner.
10. APPORTIONMENT
If the land described in Schedule A consists of two or more
parcels which are not used as a single site, and a loss is established
affecting one or more of said parcels but not all, the loss shall be
computed and settled on a pro rata basis as if the amount of insur-
ance 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 such parcel by the
Company and the insured at the time of the issuance of this policy
and shown by an express statement herein or by an endorsement
attached hereto.
11. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled a claim under this
policy, all right of subrogation shall vest in the Company unaffected
by any act of the insured claimant. The Company shall be sub-
rogated to and be entitled to all rights and remedies which such
insured claimant would have had against any person or property
in respect to such claim had this policy not been issued, and if re-
quested by the Company, such insured claimant shall transfer to the
Company all rights and remedies against any person or property
necessary in order to perfect such right of subrogation and shall
permit the Company to use the name of such insured claimant in
any transaction or litigation involving such rights or remedies. If
the payment does not cover the loss of such insured claimant, the
Company shall be subrogated to such rights and remedies in the
proportion which said payment bears to the amount of said loss.
If loss should result from any act of such insured claimant, such
act shall not void this policy, but the Company, in that event,
shall be required to pay only that part of any losses insured against
hereunder which shall exceed the amount, if any, lost to the Com-
pany by reason of the impairment of the right of subrogation.
12. LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorsements and other instru-
ments, if any, attached hereto by the Company is the entire policy
and contract between the insured and the Company.
Any claim of loss or damage, whether or not based on negli-
gence, and which arises out of the status of the title to the estate or
interest covered hereby or any action asserting such claim, shall be
restricted to the provisions and conditions and stipulations of this
policy.
No amendment of or endorsement to this policy can be made
except by writing endorsed hereon or attached hereto signed by either
the President, a Vice President, the Secretary, an Assistant Secre-
tary, or validating officer or authorized signatory of the Company.
13. NOTICES, WHERE SENT
All notices required to be given the Company and any
statement in writing required to be furnished the Company
shall be addressed to Commonwealth Land Title Insurance
Company, 1510 Walnut Street. Philadelphia, Pennsylvania 19102
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American Land Title Association
Owner's Policy - Form A - 1970
(Amended 10-17-70)
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POLICY
OF
TITLE
INSURANCE
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Issued by
COMMONWEALTH lAND
TITLE INSURANCE COMPANY
Title Insurance Since 1876
HOME OFFICE
1510 WALNUT STREET
PHILADELPHIA, PA. 19102
B 1021-6
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!~i COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the company, for alGI
i~1 valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of I~i
:~II the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land Ij1.1
:!ii described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of IfJi
!.i~.'.ll. Schedules A and B and to the Conditions and Stipulations hereof. i'.1....11
I~! This Comrm. .tment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies IJI
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!~i committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this HI
111 Commitment or by subsequent endorsement. iiii
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,;il This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability ahd obligations Ill!
~I hereunder shall. cease and terminate 120 days after the effective date hereof or when the policy or policies committed for ':~I
;~l shall be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the I~I
,I company. Ii!
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A In Witness Whereof, the said Company has caused its Corporate Name and Seal to be hereunto affIxed; this instrument,
;ji including Commitment, Conditions and Stipulations attached, to become valid when countersigned on Schedule A by an
'11 Authorized OffIcer or Agent of the Company.
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COMMONWEALTH LAND TITLE INSURANCE COMPANY
BY~~~
AU'" ~ ofJi~ r
{/ rJ (I So<oeWy
President
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American Land Title Association Commitment - 1966
Form 1004-34 Face Page
Valid Only If Schedules A, B and Cover Are Attached
ORIGINAL
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I.l!. C~MMONWEALTH .AND- Commitmelt For Title I~sur~nce
TITLE INSURANCE COMPANY SCHEDULE A
Commitment No.' 814-01132ll'ff"';,, 0"" May J!.~80 ~.M.
I. Policy or Policies to be issued:
OWNER'S:
$ 700,000.00
Pf0~osed Insured:
The City of Clearwater, a municipal corporation
LOAN:
$
Proposed Insured:
2. The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple, and title
thcreto is at the effcctive date hereof vestcd in:
As to Parcell: G. Patrick Iley and Jacqueline H. Iley, his wife
As to Parcel 2: George Ruppel and Sandra J. Ruppel, his wife
As to Parcel 3: G. Patrick Iley and Jacqueline H. Iley, his wife, and
George Ruppel and Sandra Ruppel, his wife.
3. The land referred to in this Commitment is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND HEREBY MADE A PART HEREOF.
JOHNSON, BLAKELY, POPE, BOKOR & RUPPEL, P.A.
COO"",,;g~_b ~
Authorized Ollicer or A~L'nt
American Land Title Association Commitment - 1966
Schedule A
Form 1004.35
Valid Only If face Page, Schcdule B and Cover Are Attached
ORIGINAL
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SCHEDULE B - SECTION 1
Commitment No.:
814-011328
The following are the requirements to be complied with:
I. Payment of the full consideration to or for the account of, the grantor's or mortgagors.
2. Instrument(s) creating the estate or interest to be insured must be approved, executed and filed for record:
~( Warranty deed from G. Patrick Iley and Jacqueline H. Iley, to
~City learwater (Parcell)
(b) Warran eed from George Ruppel and Sandra J. Ruppel, his wife,
to City of Clea ter (Parcel 2)
(cl Warranty Deed G. Patrick Iley and Jacqueline H. Iley, his wife,
and George Ruppel ra J. Ruppel, his wife, to city of Clearwater
(Parcel 3).
(d) Quit-claim Deed from Iley and Jacqueline H. Iley,
his wife, and George Ruppel and Sa a J. Ruppel, his wife,
to City of Clearwater (as to all parce
3. Payment of all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable.
4. Satisfactory evidence should be had that improvements and/or repairs or alterations thereto are completed; that
~~~ contractor, subcontractors, labor and materialmen are all paid.
~~ :.. . osition of Mortgages recorded in G.R. Book 4112, Page
~353 and G.R. Boo , 1672.
6. Re-recording of Satisfaction 0 recorded in G.R. Book
4821, Page 487, to correct page of Mortgage satls
Schedule B - Section 1 - AL T A Commitment 1966
Form 1004-36
ORIGINAL
I
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SCHEDULE B - SECTION 2
Commitment No.: 814-011328
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed
of to the satisfaction of the company:
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record
the estate or interest or mortgage thereon covered by this Commitment.
2. Any owner's policy issued pursuant hereto will contain under Schedule B the standard exceptions set forth at the inside
cover hereof. Any loan policy will contain under Schedule B the standard exceptions set forth at the inside cover hereof
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 mechanic's liens which could take priority over the mortgage (where the liens would otherwise
take priority, submission of waivers is necessary).
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e from G. Patrick Iley and Jacqueline H. Iley, his wife, and
George Ruppe ndra Ruppel, his wife, to Robert R. Meador,
Jr., dated December 10, , orded in O.R. Book 4112, Page
1353, public records of pinellas Coun rida, given to secure
a promissory note in the principal sum $75, as to Parcel
3) .
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from G. Patrick Iley and Jacqueline H. Iley, his wife,
to Irene Jor an, . e woman, dated and filed November 20, 1979,
in O.R. Book 4945, Page 1, cords of Pinellas County,
Florida, showing an original principal amount 0 0
(as to Parcell).
5. Roads, ways or streams, if any, not shown by the public records.
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7. Right-of-way of County Highway Number 31, along the East 33 feet
of Parcell.
8. Subject to the rights of the public in any of the above described
property taken, used or deeded for street, road or highway purposes.
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10. Taxes for the year 1980 and all subsequent years.
11. Subject to county and/or municipal assessments and/or improvement
liens, pending or certified and not recorded in the Official Records
of Pinellas County, Florida.
NOTE: Maintenance Affidavit recorded in O.R. Book 3461, Page 791 and
792.
Schedule B - Section 2 - AL T A COlTlmitment 1966
Form 1004-37
ORIGINAL
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Colmitment For Title InsuraAce
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STANDARD EXCEPTIONS
The policy will be subject to the mortgage, if any, noted under item two of Section I of Schedule B hereof and to the
following exceptions: (1) rights or claims of parties in possession not shown by the public records; encroachments, overlaps,
boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the
premises; (2) unrecorded easements, or claims of easements, not shown by the public records; (3) 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 Company in writing, the Company shall be relieved from liability
for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so
disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company
otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company
at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company
from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included
under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance
hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to climinate exceptions shown in
Schedule B, or (c) to acquire or create the estate 0; interest or mortgage thereon covered by this Commitment. In no event
shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is
subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are
made a part of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising
out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment
must be based on and are subject to the provisions of this Commitment.
American Land Title Association Commitment 1966
Cover Page
Form 1004.38
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COMMITMENT
FOR
TITLE
INSURANCE
American Land Title Association
1966
COMMONWEALTH lAND
TITLE INSURANCE COMPANY
Title Insurance Since 1876
HOME OFFICE
1510 WALNUT STREET
PHILADELPHIA, PA. 19102
B 1004 . 38
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EXHIBIT A
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Parcel 1 -
The North Three-Fourths (3/4) of the Southwest Quarter (SW 1/4) of the Southwest
Quarter (SW 1/4) of Section Nine (9) Township Twenty-nine (29) South, Range Sixteen
(16) East.
Subject to the Right of Way of County Highway No. 31 along the East 33 feet of said
land. Less the following described parcels:
1. AI! land included in Plat of Kapok Terrace First Addition,
according to the map or plat thereof as recorded in Plat Book 49, pages 48, Public Records
of Pine11as County, Florida.
2. Beginning at a point 965.78 feet South of the Northeast corner of
the SW 1/4 of the SW 1/4 of Section 9~ Township 29 South, Range 16 East for a point
of beginning, and run thence South along the East boundary of said quarter section a
distance of thirty-five feet; run thence North 89024'14" West a distance of 1337
feet more or less to the West boundary of said Section; run thence North along the
West boundary of said Section a distance of thirty-five feet; run thence East in a
straight line to the point of beginning.
3. That part of said tract lying North of the South line of Kapok
Terrace First Addition extended West to the West boundary of the SW 1/4 of the SW
1/4 of said Section. Containing 16 and 3/4 acres M.O.L.
Parcel 2 -
The South one-fourth (SI/4) of the SOUTHWEST QUARTER (SW 1/4) of the SOUTHWEST QUARTER
(SW1/4) of SECTION 9, TOWNSHIP 29 SOUTH, RANGE 16 EAST: less and except the South 30
feet thereof; and less also existing road right of way; AND ALSO:
The South 35 feet of the North three-fourths (N 3/4) of the SOUTHWEST QUARTER (SW 1/4)
OF THE SOUTID{EST QUARTER (SW 1/4) of SECTION 9, TOWNSHIP 29 SOUTH, RANGE 16 EAST;
less and except existing road right of way.
Parcel 3 - The East 1/2 of the South 1/2 of the Southeast ~/4 of the Southeast 1/4,
less the South 30 feet, AND
The West 1/2 of the South 1/2 of the Southeast 1/4 of the Southeast 1/4 LESS that part
described in Instrument No. 188343A, dated March 17, 1955, filed March 18, 1955,
recorded in Deed Book 1525, page 194 Public Records of Pine11as County, as follows:
"Commence at a stake at the Southwest corner of the Southeast Quarter (SE 1/4) of
the Southeast Quarter (SE 1/4) of Section 8, Township 29 South, Range 16 East, for
point of b~ginning, run thence Nor~h along said quarter quarter section line to a stake
at the Northwest corner of S 1/2 of Southeast Quarter (SE 1/4) of Southeast Quarter
(SE i/4); thence East 660 feet to a stake; thence South parallel to said quarter
quarter section line to a stake lying on the South line of said Southeast Quarter
(SE 1/4) of Southeast Quarter (SE 1/4) thence West 660 feet to point of beginning;
same being also described as: The West 10 acres of the South Half (SI/2) of the South-
east Quarter of the Southeast Quarter (SE 1/4).of Section 8, Township 29 South,
.Range 16 East, lying and being in Pinel1as County, Florida." In SECTION 8, TowNSHIP
29 South, RANGE 16 EAST, Public Records of Pinellas County, Florida.
Parcel 4 - Being a composite description of parcels 1 and 2 described above:
The SW 1/4 of the SW 1/4 of Section 9, Township 29 South, Range 16 East LESS Kapok
Terrace First Addition as recorded in Plat Book 49, page 28 also less that part of
said tract lying North of the South line of Kapok Terrac~ First Addition extended
West to the West boundary of the SW 1/4 of the Sl.J 1/4 of said section. Subject to
right of way for County Road 31 on the East and LESS the South 30 feet as conveyed
to the City of Clearwater in O.R. Book 2457, page 471.
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May 15, 1980
Mr. Anthony L. Shoemaker, City Manager
City of Clearwater
City Hall
Clearwater, Florida
Re: Agreement for Purchase and Sale of Real Estate dated as of May 12,
1980, by and between G. Patrick Iley and Jacqueline H. Iley, his wife,
and George Ruppel and Sandra J. Ruppel, bis wife ("Seller") and the
City of Clearwater, Florida, a municipal corporation ("Purchaser"),
regarding the sale and purchase of approximately 37.83 acres of land
at the northwest corner of McMullen-Booth Road and Drew Street extended
("Contract")
Dear Mr. Shoemaker:
Enclosed with this letter you will find an original of the Contract which has
been executed by the Sellers as of this date. 'This Contract is tendered to you on
the basis of our understanding that the transaction represents a bargain-sale to the
Purchaser and that it is the intent of the Seller to donate to the Purchaser that por-
tion of the fair market value of the subject property which exceeds the purchase price.
'The Purchaser acknowledges receipt of a charitable contribution from Seller in the
amount of such difference. 'The Purchaser acknowledges that the Seller has not re-
ceived and will not receive any consideration or benefit from the Purchaser on account
of the charitable contribution made by the Seller and that the Seller owns no interest
in any property adjacent to the subject property which may be benefited by the Pur-
chaser's use of the subj ect property.
Please confirm the Purchaser's agreement with the foregoing by executing
the enclosed copy of this letter on the space provided and returning it to us.
enc 1.
Anthony L Shoemaker
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March 18, 1981
Mr. G. Patrick I1ey
624 East Bay Drive
Largo, Fl. 33540
Dear Mr. Iley:
Attached is your letter dated May 15, 1980, which
has been signed by the City Manager.
Will you and Mr. Ruppel please sign where indicated and
return the letter to this office for filing with the other
documents relating to this transaction.
Your prompt attention will be appreciated.
Very truly yours,
Mrs. Lucille Williams
City Clerk
LW/SL/ss
Encl.