EMILY DARMER
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c\ THIS WARRAN1Y DEED Made the 25th day of June A. D.
1965, by EMILY M. DARMER, a widow, hereinafter called the grantor, to
the CITY OF CLEARWATER, FLORIDA, a Municipal Corporation, whose
postoffice address is PO Box 1348, Clearwater, Florida, hereinafter called
the grantee:
WARRANTY DEED
(Wherever used herein the terms "grantor" and "grantee"
include all the parties to this instrument and the heirs,
legal representatives and assigns of individuals, and the
successors and assigns of corporations)
WITNESSETH: That the grantor, for and in consideration of the sum
of $10. 00 and other valuable considerations, receipt whereof is hereby
acknowledged, hereby grants, bargains, sells, aliens, remises, releases,
conveys and confirms unto the grantee, all that certain land situate in
Pinellas County, Florida, viz:
A portion of Lot 9, Block A, of Norwood, a Subdivision
in Clearwater, Florida, as recorded in Plat Book 5, page
79 of the Public Records of Pinellas County, Florida, more
particularly described as follows:
Starting at the Northwest corner of Lot 9, Block A of
Norwood Subdivision as the point of beginning; run thence
S 0010'04'. E a distance of 126.70 feet along the East
right of way line of Myrtle Avenue to the Southwest
corner of said Lot; run thence S 89041119" E a distance
of 49.02 feet along the North right of way line of Marshall
Street t2,the Southeast corner of said Lot; run thence
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N 0 10' 04" W a distance of 10. 00 feet along the line
between Lots 8 & 9, Block A, Norwood Subdivision; run
o .
thence N 89 41' 19" W a distance of 39. 02 feet; run thence
N 0010' 04" E a distance of 116. 70 feet to the North line
of Lot 9, Block A, Norwood Subdivision; run thence
N 89039130.1 W a distance of 10.00 feet along the North
line of said Lot to the point of beginning.
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TOGETHER with all the tenement s, hereditaments and appurtenances
thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND the grantor hereby covenants with said grantee that the grantor
is lawfully seized of said land in fee simple; that the grantor has good right
and lawful authority to sell and convey said land; that the grantor hereby
fully warrants the title to said land and will defend the same against the
lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31,'1904.
IN WITNESS WHEREOF, the said grantor has signed and sealed
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, ,~ 2245
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ACKNOWLEDGMENT
As to Emily M. Darmer, a widow, grantor, to the City of Clearwater,
Florida, a Municipal Corporation, Clearwater, Florida, grantee.
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized to take acknowledgments, personally appeared EMILY
M. DARMER, a widow, to me known to be the person described in and
who executed the foregoing instrument and she acknowledged before
me that she executed the same.
WITNESS my hand and seal in the Town of Boonton, Morris County,
State of New Jersey,
this 25th day of June , A. D. 1965.
No. IJfj!J
Impressions Of Seal Of Notaries
Public .Are Not Required By Law
To Be .Filed In This Office
State of New Jersey 1
MORRIS C<JUNTy . SS.
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65.2 (2.000)
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ANHI DlBlU.ONIA
NOTARY PUtuC 01' NfW JEI;::;':"
11., COMMISSION EXI'1llfS oec. 21 I 19...9
I, .FR.ANK .A. HEADLEY, Clerk of the County of Morris, and also Clerk of
the Morris County Court Law Division, holden in and for said County,
t7)ame being a C~~;;ffRecord, hereby certify that
.........~.......&L......... ...................:..~.........................
by whom the foregoing proof or acknowledgment or affidavit taken and certi-
fied was at the time of taking such proof or acknowledgment or affidavit a
Notary Public, duly commissioned and sworn and residing in said County
and State, and was as such an officer of this State, duly authorized to take
and certify said proof or acknowledgment or affidavit as well as to take and
certify proofs of acknowledgments of deeds for the conveyance of lands,
tenements or hereditaments and other instruments in writing, to be recorded
in said State; and full faith and credit are and ought to be given to the
official acts of said Notary Public and that I am well acquainted with the
handwriting of said Notary Public and believe the signature to the instru-
ment to which the certificate is attached is his genuine signature.
In Testimony Whereof, I have hereunto set my hand and .affixed the seal of
said Court and County, at Morristown, this AU G 1 7 1965
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CITY OF CLEAR WATER
CITY HALL - PO BOX 1348
CLEARWATER, FLORIDA
AFFIDAVIT OF NO LIENS
Before me, the undersigned authority, personally appeared
EMILY M. DARMER, a widow, who being first duly sworn, deposes
and says:
1. That she is the owner of the following described property in
Pinellas County, Florida, to wit:
A portion of Lot 9, Block A, of Norwood, a Subdivision
. in Clearwater, Florida, as recordedin Plat Book 5, page
79 of the Public Records of Pinellas County, Florida, more
particularly described as follows:
Starting at the Northwest corner of Lot 9, Block A of
Norwood Subdivision as the point of beginning; run thence
S 0010'04" E a distance of 126.70 feet along the East
right of way line of Myrtle Avenue to the Southwest
corner of said Lot; run thence S 89041'19" E a distance
of 49.02 feet along the North right of way line of Marshall
Street to the Southeast corner of said Lot; run thence
N 0010'04" W a dista,rice of 10.00 feet along the line
between Lots 8 & 9, Block A, Norwood Subdivision; run
o
thence N 89 41'19" W a distance of 39.02 feet; run thence
o
N 0 10'04" E a distance of 116.70 feet to the North line
of Lot 9, Block A, Norwood Subdivision; run thence
N 89039130" W a distance of 10.00 feet along the North
line of said Lot to the point of beginning.
2. That said property is now in possession of the record owner.
3. That there has been no labor performed or materials furnished
on said property within the past ninety (90) days for which there are unpaid
bills for labor or materials against said property.
4. That there are no liens or encumbrances of any nature affecting
the title to the property hereinbefore described.
5. That it is hereby warranted that no notice has been received of
any public hearing regarding assessments for improvements by any govern-
ment within the past ninety (90) days, and it is hereby warranted that there
are no unpaid assessments against the above property for improvement s
thereto by any governmeIlt, whether or not saic:l.assessmentscappear of
record.
6. That the representations embraced herein are for the purpose of
:
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ACKNOWLEDGMENT
As to Emily M. Darmer, a widow, grantor, to the City of Clearwater,
Florida, a Municipal Corporation, Clearwater, Florida, grantee.
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized to take acknowledgments, personally appeared EMILY
M. DARMER, a widow, to me known to be the person described in and
who executed the foregoing instrument and she acknowledged before
me that she executed the same.
WITNESS my hand and seal in the Town of Boonton, Morris County,
State of New Jersey,
this 25th day of June , A. D. 1965.
~~~-
ANNE DeBELLONlA
NOTARY PUBlIC Of NEW JERSEY
lAY COMMISSION EXPIRES DEe. 21, 1969
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Septennber 27, 1965
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CITY OF CLEARWATER, FL'RIDA
Stat.ement. of Delinquent.
Taxes and Special A88esements
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Account. No.
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Amount to Set.t1e
$ ___.uu.___u_.u_.__~u_
Description Lot 9, Bl. A,
Norwood Sub.
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Sec. 10 Twp.29
Range 15
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lI'itle & Trust Company of Florida-No. T-112 t
I American Land Title Association Owner's Policy - ndard Form A - :1"962
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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 coverage 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 of 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.
iltitlr & iltrUllt Qtompany uf lJ1lorilla
4ff~~.
(Not valid unless countersigned)
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(Facsimile)
Secretary
PINELLAS COUNTY TITLE COlvlPANY
BY: (!/~ &1 hklt1
Authorized Signature V. ce-President
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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 which might be disclosed by an accurate survey
of the premises.
2.1 Rights of parties who may be in possession of the premises other
than the owner of the record title.
3. \ Any unrecorded liens for labor or material furnished to the property.
4. (Taxes for the year 1965; and any taxes or assessments levied or
assessed subsequent to the date of this policy.
5. RESTRICTIONS imposed upon Lot 9, in Deed dated November 23, 1925,
and filed for record August 19, 1926, as Instrument #252191, in
the office of the Clerk of the Circuit Court in and for Pinellas
County; Florida, which read:
"This indenture is made subject to followin~ restrictions.
Building line 20 feet frin street line, bUllding to cost
not less than ~2000.00 and must be kept painted."
6.~ Any Lien for municipal improvements
been filed for record in the office
Court of Pinellas County, Florida.
to caption land which has not
of the Clerk of the Circuit
(City of Clearwater)
cb 10-21-65
CONDITIONS AND STIPULATIONS
1. Definition of Terms
The following- terms when used in this policy mean:
(a) "land": the land described, specifically or by reference, in Schedule A and
improvements affixed thereto which by law constitute real property;
(b) "public 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 of any public records; and .
(d) "date": t.he effective date.
"". 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 est.ate or
interest covered hereby in the land described in Schedule A.
(h) Any law, ordinance or govel'nmental regulation (including but not limited to
building and zoning ordinances) restricting or regulating or prohihiting the occupancy,
use or enjoyment of the land, or regulating the character, dimensions, or location of any
improvement now or hereafter erected on said land, or prohibiting a separation in owner-
ship or a reduction in the dimensions or area of any lot or parcel of land,
(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 am" abutting
streets, roads, avenues, lanes, ways or waterways (except to the extent the fight of ac.::ess
to an~ fr~m said !and is covered by the insuring provisions of this policy). or the rig-ht
to mamtalO thereIn vaults, tunnels. ramps or any other structure or impro\.emcnt. un-
less this policy specifically provides that such titles, rights or easements are insured.
Ie) Defects, liens. encumbrances. adn;-rse claims against the title a~ insurt'd 0:"
other matters (1) created, suffered. assumed or agreed to -by the Insured: or 121 known
to the Insured either at the date of this polie:,-' or at the date such Insured acquired an
estate or interest insured by this policy and not shov.Jfi by the public records. unless
disclosure thereof in writing by the Insured shall have been made to the Company prior
to the date of this policy; or (3) resulting in no loss to the Insured; or (4) attaching or
created. subsequent to the date hereof. ..'. -
(0 Loss or damage which would not have been sustained if the Insured were a
purchaser for value without knowledge.
3_ Defense and Prosecution 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
defense of the Insured in all litigation consisting of actions or proceedings commenced
against the Insured, which litigation is founded upon a defect, lien or encumbrance in-
sured against by this policy, and may pursue such litigation to final determination in the
court of last resort.
(b) In case any such action or proceeding shall be begun. or defense interposed.
01' in case knowledge shall come 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 poUcy. the Insured shall notify the
Company thereof in writing. If such notice shall not be g-iven to the Company within ten
days of the receipt of process' or pleadings 61' if the Insured shall not. in \\'ritlng. p!"ompt-
ly notify the Company of any defect., lien or encumbrance insured against which shall
~~bj~c\O ~~it~~~\t;~f~ ~~t;~;, I;~o~l~~~i~~e~r ~1fre~il~iic'llyfc~~~e C~~Pt~I~Wla\~~a~~O~'~d~~~
however, that failure to notHy shall in no case prejudice the claim of any Insured unless
the compan}' shall be actually prejudiced by such failure and then only'to the extent of
such lJl'eJudIce.
(c) The Company shall have the right at its own cost to i~stitute and prosecute
any action or proceeding or do any other act which in its opinion may be nec€"ssary or
des.lrable to establish the title as insured; and,the Company may take any 'appropriate
achon under the terms of this policy whether or not it shall' be liable thereunder and
shall not thereby concede liability or waive ,any p~'ovision of this policy.
(d) In all cases where this policy permits or requires the Company to prosecute
or provide for the defense of any action or proceeding, the Insured shall secure to it the
right to so prosecute or. provide defense in such action 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 addition to the notices required under paragraph 3(b), a statement in writing of
any loss or damage for which it is claimed the Company is liable under this policy shall
he furnished to the Company within sixty days after such loss or damage shall have been
determined and no right of action shall accrue to the Insured under this policy until
thirty days after such statement shall have been furnished. and no recovery sha11 be
had by the Insured under this policy unless action shall be commenced thereon within
five years after expiration of said thirty day period. Failure to furnish such statement
of loss or damage. or to commence such action \vithin the time hereinbefore specified,
shall be a conclusive bar against maintenance bv the Insured of any action under this
policy. .'
5. Option 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 paYIl)ent or tender of payment, together with all costs, attorneys' fees and ex-
_ P~~c~rn~~I~~ ~~e~~~~~ny is obl_~gated hereunder t? .P~y, s~all termi~ate all l~ability of
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6. Payment of Loss
(a) The liability of the Company under this policy shall in no case exceed, in
all, the actual loss of the Insured and costs and attorneys' fees which the Company may
be obligated hereunder to pay.
(b) The Company will pay, in addition to aDy loss insured against by this policy,
all costs imposed upon the Insured in litigation carried on by the Company for the In~
sured, and all costs and attorneys' fees in litigation carried on by the 'Insured with the
written authorization of the Company.
(c) No claim for damages shall arise or be maintainable under this policy (1) if
the Company, after havlng received notice of an alleged defect, lien 01' 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 policy, 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 policy for endorsement of such payment unless the
policy be lost or destroyed. in which case proof of such loss or destruction shall be fur-
nished to the satisfaction of the Company.
(e) When liability has been definitely fixed in accordance with the conditions of
this policy the loss or damage shall be payable within thirty days thereafter.
7. Liability Noncumulative
It is expressly understood that the amnunt of this policy 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.
8. Cuinsul'ance and Apportionment
I a ) In the e\'ent that a partial loss oceul's after the Insured makes an imprO\'e-
ment subsequent to thc date of this polic:--, and only in that event, the Insured becomes
a coinsurer to the extent hereina[tet- set forth,
If the cost of the improvement exceeds twenty per centum of the amount of this
pqlicy, .s_ueh PToportion only_ .of any partJal.loss e.stabUshed shalt.b~ 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 polley and the amount expended for the improvement. The foregoing
provisions shall not apply 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-
sUl'ed pursuant to the terms of this policy or 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 foregoing 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 \"alue of the premises, as so impro\"(~d. does not exceed one hundred twenty
per centum of the amount of this policy.
Ih) 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 one 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 face amount of this
policy was divided pro rata as to the value 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 liability or value has otherwise heen agreed upon as to each
~~~h s~~~~l b~r at~ee~~~~sa~rate"~e~~eh~~~y~egr a~/~~ t~~JOl?sfe~he~tiS~rt~~~~dofh~~~~o~)OliCY
9. Subrogation' upon payrri'ent or Settlement
Whenever the Company shall have settled a claim under this policy. all right of sub-
rogation shalt 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 ]O'ss of the Insllred. 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 the Insured, 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 Company by reason of the Impairment of, the right of subrogation. 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 of subrogation,
and shall permit the Company to use the name of' the -Insured in any transaction or
lltigation 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
against the Company arising out of the status of the title insured herein must be based
on the pro\-isions of this policy_
~o provision or condition of this policy can be waived or changed except by writing
endorsed hereon or attached hereto signed hy the President. a Vice President. the
Secretary. an Assistant Secretary or other validating officer of the Company.
11. ~otices. Where Sent
All notices required to be given the Company and any statement in writing required
to he furnished the Company shall be addressed to it at 200 E, Forsyth St., Jacksonville,
Florida.
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