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BERNICE AND MARY DAWSON ~,-.., ~ I (jITY OF CLEARWATER I Interdeportment Correspondence Sheet TO: Chr' .A.Uur FROM: ".... .. ...., ...- V""' COPIES: Cltt ........ CKy ca... ............... .....,. .......... SUBJECT: ..'........l.U. ~....._ DATE: ............. 1'" U. .... N , ,', ...... ...... ... ....,. D.-J.. '... '... ... .......~............:... .....,A.....,.....,.... ....., ..... .......rltl ... .1111..... Attac..... ..... c..,et '.... ......' ',,'''In_. .. eM CIty...... y ... ........., .... ...... ........... .. ,.... ~t..' .......", .. ".,. c.". '" M n Till'... I ~~ ., ..... fa II 1 It. ....... AUJJatIF ...., W. ..... ,.,*1. .. 1M Cl.... ., .. ...... C... .. .. 1r. Jllft fit' 'I. 11 .. .... ... .... ., ..1 r~ nr 1 ~ IT tea 'tl ~.. _ .. ..... 'I",." ..'......,.... GAl "...aM Naf_.... ...., .. fa.- ., 1M GItt' ., aa.M.... .. tile . 1Q, ra' .. ..... ... I'M .......... .. ...... .... W.... ... -'111. A........ III" JII................. ItII. ......_Nt. 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J I I CITY OF CLEARWATER CITY HALL - PO BOX 1348 CLEARWATER, FLORIDA AFFIDA VIT OF NO LIENS STATE OF FLORIDA ) COUNTY OF PINELLAS ) Before me, the undersigned authority, personally appeared BERNICE DAWSON and MARY DAWSON, his wife, who, being first duly sworn, depose and say 1. That they are the owner s of the following described property in Pinellas County, Florida, to wit: Part of Lot 6, JOHN WILLIAMS SUBDIVISION, as recorded in Plat Book 5, page 2 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part; lying within the West 30.0 feet of Section 10, Township 29 South, Range 15 East; Being the following metes and bounds description: Begin at the SW corner of the NW 1/4 of Section 10, Township o 29 South, Range 15 East; run thence N 0 10'04" E, along the West line of said Section 10, 10203.0 feet for the point of beginning; thence continue N 0 10104" EcS along the west line of said Section 10, 48.53 feet; thence S 89 59'56" E, 30.0 feet; o 0 thence S 0 10'04" W, 48.53 feet; thence N 89 59'56" W, 30.0 feet to the P. O. B. Z. Th(l.tsaid property is now in possession of the record owners . 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 improvements thereto by any government, whether or not said assessments appear of record. 6. That the representations embrac~dhereiIl are for the purposeof_ inducing the City- orClearwafer -topurCchase the abov~--descrlbed property: r< J..ft--v1, ~ 8 a~.~ c (} c , , ~ ,. 1.:)0 . (J J ) lce r ;; ~:~'c l. . ~ WARRANTY DEED DREW'S fORM 01 IREV.) I 239J~?3B 20'1h . ','0 J~ l) (I . IJ R JCJ rAGe "XO~ Manufactured nd for sole by The H. & W. B. Drew Company Jacksonville, Florida litis ~arrantg Jaeed Made the ,XrtL day of @e!ile1> BERNICE DAWSON and MARY DAWSON, his wife, A D. 19 64 by hereinafter called the grantor, to the CITY OF CLEAR WATER, FLORIDA, a Municipal Corporation, whose postoffice address is PO Box 1348, Clearwater, Florida, hereinafter called the grantee: (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) ~itnessdh: 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, re- mises, releases, convey's and confirms unto the grantee, all that certain land situate in Pinellas County, Florida, viz: ~>.:: i ll,f~!' i Ii :'jtU; ,,:,',' ''''':' II ' ; t( .' ~ , l j It CJ~ (~::j if -,'::" I c; !i ','-.-0. 'I' :"-l.2: ~. II '0,<1: /l!l :1 .-1 U) ~tG~~~;~~11 11- > ~~~1;:JI~)1 ! /~i;\ l.L Q~\~\(.>"~rl~;-~'~ \ lle;/Y' ~) -c;r.~:;:~:~~'~/~~~'{ l-ij""iV' ..,/ I' ::! (E I i- -=0. .",1 j" "'> '" -, ;'. ..-r --, 0- '<<i. :::>:> t= l~; -0 ~ n.'- ,> nOOII'11 'f'lll?5c') 'J.I I, I; oU: J. Jill n () J SVlijN Id Part of Lot 6, JOHN WILLIAMS SUBDIVISION, as recorded in Plat Book 5, page 2 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part; lying within the West 30.0 feet of Section 10, Township 29 South, Range 15 East; Being the following metes and bounds description: Begin at the SW corner of the NW 1/4 of Section 10, Township o 29 South, Range 15 East; run thence N 0 10'04" E, along the West line of said Section 10, 1,203.0 feet for the point of beginning; thence continue N 0010'04" Ed along the west line of said Section 10, 48. 53 feet; thence S 89 59'56" E, 30. 0 feet; o 0 thence SOlO' 04" W, 48.53 feet; thence N 89 59'56" W, 30.0 feet to the P. O. B. 's- 10gether with all the tenements, hereditaments and appurtenances thereto belonging or in any- wise appertaining. 10 Ilalle and to Ilold, the same in fee simple forever. Bnd the grantor hereby covenants with said grantee that the grantor is lawfully seized or 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 10 December 31, 19 63. ~n ~ilness ~hereof, the said grantor has signed and sealed these presents the day and year first above written. STATE OF FLORIDA l-. ~" f0(?VUL~ .. .....~~~~u_ I SPACE BelOW fOR. RECORDERS USE~ I I OJ(UlIB'ftftWnrD~I)[D('D:'J:[IJ:['n"JJlDlB):tnnp;..I:l.:o:nn...........u."ll%.D'III'lll[."'."".""..DDf"I'II'mor;DS:DDD."".:0:1"" HJ(ulIm !J:CDtlAU(nAeJl'nm)(R:CIIJ(]lJlllJCnoJ(JD(DJ:mIl1l1:l'D1(n)(n)lJ~ ~U1ll'~."".,"".'InnI'I1r.I~."".-._."'~.IJ<.""~I}(IlJ(UD:IJ:['D.:o:iI'IIlf'r_."".D."".Jr'l!!ll.D"D:fr:a:'D~UWH'mIIl:fAJfIlfI'ttiltfiJfll!tllflHllKWB'11:I'IJfIXmDtJD:: ROBERT W. WILSON (Attorney or firm of attorneys) 410 Cleveland Street (Address) Clearwater , Florida and GUARANTEE OF TITLE (OWNER) by La wyers' Title Guaranty Fund Qualified with and supervised by the Insurance Commissioner of Florida ORLANDO. FLORIDA IF CLEARWATER. COUNTY OF PINELLAS. STATE OF FLORIDA property: Effective date of this document: November 6. 19~ ~xamination of the certified abstract of title (or certified chain of title and an exam1nation of. the publ examination of the public records subsequent to the period covered by the abstract or chain of title, n composed of members) of LA WYERS' TITLE GUARANTY FUND, hereby renders the above named OWl ,e opinion of the undersigned, the estate or interest of the Owner in the real estate described in Sched' specified in said Schedule A. and further advises that, in the opinion of the undersigned, such estate or II lffibrances. liens, ancr-9ther objectio~, ceP~/ such encumbrances, liens, and other objections as are sh< 1/ ~// / . /) //~~ /;/2/: 4 : " (SEAL) January 12, 1965 Date Signed GUABANTEE OF TITLE tATION of the above named attorney at law (or firm of attorneys at law) having qualifled as and being tS' TITLE GUARANTY FUND. LAWYERS' TITLE GUARANTY FUND (a business trust under the prow I with the Secretary of State of Florida. at Tallahassee. Florida. on March 22. 1947. and any amendments t the Conditions, herein, guarantees to the Owner named above. the Owner's legal representative. he1rs. I rest of the Owner specified 1n Schedule A hereof In the real estate described In said Schedule A Is fr, bjections. except such encumbrances, liens, and other Objections' as are referred to In Schedule B hereof , will pay to the Owner all loss or damage. in an amount not to exceed the amount of the declared valu, Owner may sustain because of encumbrances, liens. or other objections on, or to the estate or interest of lchedule B (or excluded in the Conditions) hereof, This guarantee shall become effective when the opt ielivered by a member of LAWYERS' TITLE GUARANTY FUND. to be executed In itsru l{ ~ [g] ~ rlil [gJ [~ r:il ~ I Ill) [j] [g] [~ ~ [lj I!~ [g] I ~ I ~ [j] , I 1-- Lawyers' Title Guaranty Fund By~C~ SERIAL -III ~ 'Ii] r~ It [~ Hewen A. Lasseter, President and Executive Secretary 9 7 9 - ()G MEMBER KO. N~ 230129 It It It SCHEDULE A 1. The estate or :Interest of Owner covered by this document is: Fee Simple II 2. Record evidence of the Owner's title is: Warranty Deed dated October 30, 1964, from Bernice Dawson and Mary Dawson, his wife, to City of Clearwater, County of Pinellas, State of Florida, filed for record on November 6, 1964 at 2:30 P.M. in O. R. 2035 at page 484, public records of Pinellas County, Florida, as Clerk's Instrument No. 239l23B. II It If Jl i< [g] ,--~, ------ ---------.-- ----!Sf I 3. The real estate on which th1a opinion is rendered and this guarantee is given is located In Pinellas ___county" Florida, and is described as: Begin at the Sw corner of the NW 1/4 of Section lO-Township 29S-Range lSE; thence run · N 00 10' 04" E, along the West line of said Section 10, 1,203.0 feet for the P.O.B., thenc conti,n,ue N 00 10' 0411 E, along the West line of said Section 10, 48.53 ft.;, thence S 890 I 59' 56" E, 30.0 ft. thence S 00 10' 04" W, 48.53 ft. thence N 890 59' 56" W, 30.0 feet, It to the P.O.B., containing 1,455.9 square feet, more or less. ~ Said parcel being a part of Lot Six (6), JOHN WILLIAMS SUBDIVISION, as recorded in It Plat Book 5, page 2, of the public records of Hillsborough County, Florida, of which I ~ Pinellas County was formerly a part.~ ~ltll~ 11>1 [g] I u ~~BI ~ ~l It i ~:;;P::: t:d::;e7rt:::: :::=:e ~a::t:7::iO= =: =:t:~ ~::~~e h~: =:::Chis;:~e:V:o:been paid. t. I!;J ~ [g] 2. Rights ot persons in possession, other than the Owner. I1'!l [g] U [g] 3. [g] ~ t It-- -~. ,Un;r~~9rde(I labor.glecp.Jl11J~,9J:_InJ~~J:jall"P.!!!l..ll!m1':,_ '--,.,~- -",'~."-'~---"""'-'<""',o""~,,,,'<C~"""" .,;".......__'~,c., ~ _,.' ~ 5. Zoning and/or other restrictions and prohibitions Imposed by governmental authority. ~ [t] 6. Restrictions, easements, and reverter rights u follows: [1;] [;jJ iiii 11!] None I!;j ~ !ffi ~ [g] ~ [g] [g] u [g] ~ ~ ~ t;>J [g] ~ ~ i!.~ ~ ~ ~ ~ u ~] ~ ~ u ~ ~ ~ ~ r [g] ~,:, ~ ~ ~~ [g] ;14~ ll!l ~ ~ ~,,~,j '" 7,/ /) /', I I y~ ~,J ,I;] [~ [l;] . ~ [g] i~ ~ [;jJ ~ [g] [g] (For other objections or exceptions or for continuations attach exhibIts 8lJ required) !l:iJ ~;] [g] ~ ~ 'i{1, , " '" , , "" , '" , 1;;1 ~~~~~[g]~[g][g][g][g][g]~[g][g][g]~~~~~~[g][g]~~~~U~~~~[g]~~~~~~~~~[;jJ[;jJ~~[;jJ~~~~~[1;]~~~[1j~~~~[1;]~[1;][~~[1;][g][j]~[1;]~~[g]~[g][1;][g][g][g][g][g][g]~U[g][g][g][g][g]~ II It CONDITIONS 1. LAWYERS' TITLE GUARANTY FUND, hereinafter termed "The Fund", shall have the right to, and will at its own exPense, defend the person, persons, corporation, or association to whom this guarantee is issued, hereinafter termed "the Owner" (which term shall include a lessee or a purchaser under contract, if such is the interest guaran- teed as shown In Schedule A hereof, and shall include the legal rep- resentatives, heirs and devisees of the Owner but shall not include a purchaser from the Owner), in any action of ejectment or other action or proceeding founded upon a claim of encumbrance, lien, or other objection which existed or Is claimed to have existed prior in date to the effective date hereof and not excepted in the description of the property herein, nor by Schedule B hereof, nor by these con- dltions; reserving, however, a continuing option of settling the claim or paying this guarantee in full; and the payment or tender of pay- ment to the full amount of this guarantee shall terminate all liabU- ity of The Fund hereunder. It shall be the duty of the Owner prompt- ly, upon learning of such a claim, to give The Fund written notice thereof, addressing the notice to LAWYERS' TITLE GUARANTY FUND, Orlando, Florida, with full particulars, and in case any action or proceeding as hereinabove mentioned shall be brought, it shall be the duty of the Owner at once to notify The Fund thereof in writing, by addressing the notice as above set forth, and The Fund shall have the right to defend such action or proceeding in the name of the Owner, In Its own name, or in such a manner as The Fund may elect and the law may allow. If such notice of claim sha1I not be given with reasonable promptness, or if notice, of ll11it shall not be given to The Fund, by addressing It in writing as abave set forth, within seven days after summans or other pracess in such action or praceeding shall be served upon the Owner, then all liability of The Fund in regard to said claim, or the subject matter of such action or proceed- ing shall cease and terminate; pravided, however, that failure to natify shall in no case prejudice the claim of the Owner if the Owner is nat a party to such actlan or praceeding, nar be served with summans therein, nor have any knowledge thereof. By undertaking the defense of any action or proceeding, The Fund shall not be deemed to have admitted liability hereunder, nar shall It be thereby precluded, after camplete investigation and ascertainment of all material facts, fram questioning Its liability. The Owner, whenever requested by The Fund, by Its chairman, executive secretary, or attorney, shall aid in effect- ing settlement, securing Informatian and evidence, the attendance of witnesses and in prosecuting appeals, but shall not valuntarily assume any liability or interfere in any negotiatian for settiement of any legal pracee'ding, .or ,Incur any expense or settle any claim, withaut the written cansent of The Fund previously given, except at the Owner's own expense. 2. Nothing cOlitamed' in this gUarantee shall' be cOlistrued as guar- anteeing again loss or damage: (1) resulting from fraud on the part of the Owner; (2) by reason of the Owner not being a bona fide pur- chaser for value; (3) resulting from any act, condition or relationship created, suffered or permitted by the Owner, but not disclosed by the public records of the courity where the property Is located: (4) by reason o,f the fact that the Owner contravened any bankruptcy law in acquiring the estate or interest hereby guaranteed; (5) by reason of any right of dower of the spouse, or homestead rights of the spouse and children of the Owner; (6) resulting from the refusal of any party to carry out any contract to purchase, lease or lend money on the estate or Interest of the Owner; (7) by reason of the exercise or en- forcement or attempted enforcement of any governmental police power or any right of eminent domain over the property hereby guaranteed or (8) resulting from any encumbrance, lien or other objection arising after the effective date of this guarantee, 3. If the interest shown in Schedule A-I herein Is a leasehold this guarantee is subject to all terms and conditions of said lease as describ- ed In Schedule A-2 and the limit of the liability .of The Fund under this guarantee shall be: (1) The fair and reasonable value of the lease.: hold In. excess of the rent 'paid or to be paid for that part of the term of the lease that is unexpired at the time an adverse claim on which the Owner's right of recovery under this instrument is established, and (2) the fair and reasanable value of any improve- ments purchased or made by the Owner on the leased premises and authorized by the lease, which said Improvements, if they partake of the nature of real property, for the purpose of this guarantee, shall be considered as real and not personal property, and (3) the items pro- vided for by paragraph 8 of these conditions provided, however, that under no circumstances shall liability of The Fund under (1) and (2) of this paragraph exceed the declared value hereof. If the interest shown in Schedule A-I herein Is that of purchase under contract of sale, then this guarantee shall be subject to all the terms and con- ditians of the contract of sale. 4. Notwithstanding any language to the contrary typed with the description in Schedule A-3 herein, nothing contained in this guaran- tee shall be construed as guaranteeing (1) titie to persanal property even thaugh the same may be attached to, or used in connectlan with the real property described in Schedule A-3: (2) the title or rights of the Owner in any prC'perty beyond the baundaries of the property de- scribed In Schedule A-3 of this guarantce, or in any streets, raads, lanes, alieys or other ways in or upon which said property abuts, or to tide lands, or lands comprising the shores or battoms of navigable waters, or lands beyond the harbor or bulkhead lines as established by gavernmental authority; (3) riparian or littoral rights. or (4) title to filled in lands unless, fallowing the descriptlan in Schedule A-3, a specific statement shall be made that said property in whole .or part comprises filled in land and title thereto is guaranteed under this guarantee, nothwithstanding any condition provided in this guarantee. 5. No claim for damages shall arise under this guarantee except under the several provisions and conditions herein, and then only after an encumbrance, lien or other objection not excepted in the de- scription of the property herein, .or in Schedule B or excluded by the conditions of this guarantee has been adjudged by a final determina- tion in a court of competent jurisdiction to be valid and effectual to Charge the real property described in Schedule A .of this guarantee. In litigated matters, The Fund shall always have and be entitled to exercise the right of appeal to a court of last resort and so long as the right remains open to It, there shall not be deemed to have been a "final determination" of the questions at issue. Provided, however. if the decision of the trial court be adverse and of such 8 character as to require supersedeas for the protection of the Owner pending appeal, The Fund will, to the extent of its pecuniary liability to the Owner, supersede such adverse judgment .or decree. If supersedeas in excess of The Fund's liability Is required, it shall be the duty of the Owner to furnish such supersedeas, and The Fund will not be re- sponsible for any loss or damage resulting from the failure of the owner-to do so. In every case-'Where UabUlty of The' Fund has been fixed in accordance with these conditions. the loss or damage shall be payable within 30 days thereafter. 8. In case of any loss to the Owner by reason of a defect, lien, or encumbrance affecting only a part of the guaranteed praperty, the measure of damages which the Owner may recover under this policy shall not be a greater fractional part of the declared value of the prop- erty as stated in this guarantee than the proportian which the prop- erty affected by such defect or encumbrance, exclusive of improve- ments made, thereon subsequent to the date of this guarantee, bears in value to the entire property covered by this guarantee. All payments under this guarantee or under any guarantee issued to the, Owner'. successor in title covering all or any part of the land described here- in shall reduce the amount of the insurance pro tanto and no pay- ment shall be demanded without producing this guarantee for en- dorsement thereon of such payment. If this guarantee be last, in- demnity must be furnished to the satisfaction of The Fund. Any loss payable under this guarantee may be applied by The Fund t.o the payment of any mortgage mentioned in Schedule B, the title to which is also guaranteed by The Fund, or which may be held by The Fund, 'imd the amount so paili shall also be deemed a payment to the Owner ,under thll. guarantee. 7. Whenever The Fund has settled a claim under this guarantee it shall be entitled to the .rights and remedies which. th~ O)'\'1ler would have had against any other person, persons, .or property in respect to such claim, had this guarantee not been issued and the Owner undertakes to transfer or cause to be transferred to The Fund such rights, together with the right to use the name of the Owner when necessary for the recovery thereof, such rights of subrogation to vest in The Fund unaffected by any action of the Owner. 8. The Fund will pay, in addition to the loss, all costs of c.our1; Imposed on the Owner in litigation carried on by The Fund for the Owner under the requirements of this guarantee but it will in no case be liable for the fees of any counselor attorney employed by the Owner, and the loss paid, exclusive of costs. shall in no event exceed the amount of this guar~tee. . !" In the event this Guarantee Is issued in conjunction with a Mortgage Guarantee or Policy, any amount which may become pay- able under this Guarantee shall be autamatIcally reduced by the amount of any loss paid by The Fund or which The Fund shall become liable to pay pursuant to said Martgage Guarantee .or PoliCY. 10. In accepting this guarantee, the Owner accepts the same as the contract of LA WYERS' TITLE GUARANTY FUND as a pure trust and not as a partnership. Such acceptance shall constitute an agree- ment by the Owner with The Fund to look solely to the assets of The Fund ,for damages and for performance of this guarantee, and no member of The Fund and no trustee of The Fund shall be person- ally liable on account of this guarantee. 11. If the Owner institutes an action or suit on this guarantee. it shall not be necessary to name the members of the Board of Tru.. tees, as the Board of Trustees of LA WYERS' TITLE GUARANTY FUND, as defendants. In order to save the Owner the annoyance and initial expense of ascertaining the names of the members of the Board of Trustees and naming them and having them served with process, it shall be sufficient merely to name LA WYERS' TITLE GUARANTY FUND as defendant and It shall be sufficient service of process to serve the executive secretary as such, or, in the absence from the State .of Florida of the executive secretary, service may be made on the Chairman of the Board of Trustees. Thereupon, the members of the Baard of Trustees shall, without raising the Issue of the suffici- ency of naming .of defendants and serving of pracess, appear as the Board of Trustees of LA WYERS' TITLE GUARANTY FUND and the action or suit shall proceed against the Trustees as such. --""""11